ORD968REZONINGMARKET-AM
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #968
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO
B-1 to RSM/OIP - New Markets, Inc.
CONDITIONAL REZONING AND DECLARATION OF RESTRICTIONS
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA, WISCONSIN
DO ORDAIN AS FOLLOWS:
SECTION 1: The following described property is hereby rezoned from B-1 to RSM/OIP
if all of the conditions stated in Section 2 of this Ordinance are complied with on or
before the dates indicated herein, time being of the essence:
Being all of Parcel 1 of CERTIFIED SURVEY MAP NO. 8376 and lands located in the NE
¼ of the NW ¼ of Section 21, T 5N, R 20E, in the City of Muskego, Waukesha County,
Wisconsin, bounded and described as follows; Commencing at the Northeast corner of
said NW ¼ Section 21; thence S 88 34’ 31” W along the North line of said NW ¼
Section 21, 505.00 feet to the place of beginning of the lands to be described; thence S
01 25’ 29” E, 300.00 feet; thence N 88 34’ 31” E, 99.14 feet; thence S 19 27’ 47” W,
120.54 feet; thence N 79 09’ 12” W, 517.39 feet to a point on the centerline of Racine
Avenue ( C. T. H. “Y”); thence N 02 12’ 21” E, along said centerline, 303.26 feet to a
point on the North line of said NW ¼ Section 21; thence N 88 34’ 31” E along said North
line, 430.20 feet to the place of beginning. Excluding therefrom those lands previously
dedicated for public road purposes. Containing 120,074 square feet of land, more or less
to dedicated right-of-way lines.
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-1 without further action:
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A. The construction of the development must begin on or before the 24 day of August,
1999. For the purpose of this Ordinance, construction means the beginnings of
substantial excavation for foundation, footings, or base for new construction; and
B. New Markets, Inc. shall have closed on the purchase of the property described
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herein on or before the 24 day of February, 1999; and
C. The use of the property is restricted to use as senior citizen housing as defined
herein. This condition shall run with the land and be binding upon any future
owners of the land which is the subject matter of this Ordinance. For the purposes
of this Ordinance and this restriction, this senior citizen housing is defined as
follows: One building housing 24 independent living units for persons 55 years and
older; and
D. Approval of the City of Muskego of a conditional use which includes the use referred
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to herein on or before the 24 day of August, 1999; and
Ord. #968
E. New Markets, Inc. entering into a Developer’s Agreement satisfactory to the City of
Muskego concerning the development of the property in question on or before the
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24 day of August, 1999 if deemed necessary by the Plan Commission and/or
Common Council.
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 its 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-1 zoning in effect
with no further notice if any condition is not complied with on the terms and conditions
stated herein.
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PASSED AND APPROVED THIS 25 DAY OF AUGUST , 1998.
CITY OF MUSKEGO
__________________________
David L. De Angelis, Mayor
ATTEST: First Reading: August 11, 1998
_________________________
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Clerk-Treasurer Published on the 3 day of
September, 1998.
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