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ORD959REZONINGANTON AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #959 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO B-2 to B-3 (Anton and Francke) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: The following described property is hereby rezoned from B-2 to B-3, if all the conditions stated in Section 2 of this Ordinance are complied with on or before the dates indicated here, time being of the essence: Tax Key No. 2177.934.001 Lot 1 of Certified Survey Map No. 7725, recorded in the office of the Register of Deeds of Waukesha County, Wisconsin, on June 29, 1995, in Volume 66 of Certified Survey Maps on Pages 148 through 150 inclusive as Document No. 2048419, being part of the Southwest ¼ of the Northeast ¼ of Section 5, Town 5 North of Range 20 East. Said lot being in the City of Muskego, County of Waukesha, and State of Wisconsin. Tax Key No. 2177.933.002 Lot 2 of Certified Survey Map No. 8042, recorded on June 17, 1996, in Volume 69 of Certified Survey Maps on Pages 334 through 336 as Document No. 2133727, being a part of the Southwest ¼ of the Northeast ¼ of Section 5, Town 5 North, Range 20 East, City of Muskego, County of Waukesha, State of Wisconsin. Tax Key No. 2177.932 Parcel 1 of Certified Survey Map No. 3964 of part of the Southwest ¼ of the Northeast ¼ of Section 5, Township 5 North, Range 20 East, City of Muskego, Waukesha County, State of Wisconsin, recorded in the office of the Register of Deeds for Waukesha County, Wisconsin, on January 16, 1981, in Volume 31, Pages 8 through 11 as Document No. 1148780. SECTION 2: Conditions Imposed: The following conditions must be complied with on or before the date indicated, time being of the essence, or this Ordinance is null and void and the property is zoned B-2 without further action: A. The construction of the development must begin on or before November 28, 1999. For purposes of this Ordinance, construction means the beginning of substantial excavation for foundation, footings or base for new construction; and B. A conditional use approving use of the property as an auto dealership must be approved th by the City of Muskego Plan Commission on or before the 28 day of November, 1998. Ord. #959 SECTION 3: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 4: This ordinance is in full force and effect from and after passage and publication and subject to all conditions stated above being met within the time stated, time being of the essence, and this Ordinance is null and void and B-2 zoning in effect with no further notice if any condition is not complied with on the terms and conditions stated herein. TH PASSED AND APPROVED THIS 28 DAY OF APRIL , 1998. CITY OF MUSKEGO __________________________ David L. De Angelis, Mayor ATTEST: First Reading 04/14/98 _________________________ Clerk-Treasurer Published on the 7th day of May, 1998 4/98jmb