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ORD20051207rezoneburke AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1207 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO (Burke Homes – A, RSM, and B-4 to RSM/OPD) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: The following described property is hereby rezoned from A, RSM and B-4 to RSM/OPD: Tax Key Number 2258.996, part of Tax Key Number 2261.978.001, and part of Tax Key Number 2264.999, more specifically defined as: BEING A PART OF THE SW 1/4 OF THE NW 1/4 AND THE NW 1/4 AND NE 1/4 OF THE SW 1/4 OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 20 EAST, AND PART OF THE SE 1/4 OF THE NE 1/4 AND NE 1/4 OF THE SE 1/4 OF SECTION 26, TOWNSHIP 5 NORTH, RANGE 20 EAST, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE NW 1/4 OF SECTION 25, THENCE S 00°30'02" E 2261.05 FEET TO THE PLACE OF BEGINNING, THENCE CONTINUING S 00°30'02" E 183.98 FEET; THENCE N 87°11'17" E 1340.35 FEET; THENCE S 00°44'27" E 227.26 FEET; THENCE N 87°09'21" E 874.93 FEET TO THE NORTH RIGHT OF WAY LINE OF W LOOMIS ROAD, THENCE S 63°27'12" W 2626.25 FEET ALONG THE NORTH RIGHT OF WAY LINE OF W. LOOMIS ROAD, THENCE NORTHWESTERLY 243.60 FEET ALONG AN ARC OF A CURVE WHOSE RADIUS OF 500.00 FEET LIES TO THE NORTHEAST, SAID ARC HAS A CHORD WHICH BEARS N 09°38'38" W 241.20 FEET; THENCE NORTHWESTERLY 196.52 FEET ALONG AN ARC OF A CURVE WHOSE RADIUS OF 510.00 FEET LIES TO THE WEST, SAID ARC HAS A CHORD WHICH BEARS N 06°43'31" W 195.30 FEET; THENCE N 17°45'51" W 100.00'; THENCE NORTHWESTERLY 199.08 FEET ALONG AN ARC OF A CURVE WHOSE RADIUS OF 350.00 FEET LIES TO THE EAST, SAID ARC HAS A CHORD WHICH BEARS N 01°28'08" W 196.41 FEET; THENCE NORTHEASTERLY, 135.54 FEET ALONG AN ARC OF A CURVE WHOSE RADIUS OF 350.00 FEET LIES TO THE WEST, SAID ARC HAS A CHORD WHICH BEARS N 03°43'56" E 134.70 FEET; THENCE N 07°21'43" W 297.46 FEET; THENCE NORTHEASTERLY 275.15 FEET ALONG AN ARC OF A CURVE WHOSE RADIUS OF 515.00 FEET LIES TO THE EAST, SAID ARC HAS A CHORD WHICH BEARS N 07°56'38" E 271.89 FEET; THENCE N 23°14'59" E 34.51 FEET; THENCE N 89°29'58" E 200.79 FEET TO THE PLACE OF BEGINNING. SAID LANDS CONTAINS 38.24 ACRES MORE OR LESS, SECTION 2: 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 Ordinance #1207 remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3: This ordinance is in full force and effect from and after passage and publication subject to approval of the Final Condo Plat, Building, Site, and Operation Plan, Developer’s Agreement and Letter of Credit for the Muirfield. PASSED AND APPROVED THIS DAY OF , 2006 CITY OF MUSKEGO __________________________________ Charles H. Damaske, Mayor First Reading: 11/22/2005 Defer: 1/10/06 ATTEST: Defeated: 01/24/06 __________________________ Published this day of , 2006 Clerk-Treasurer 11/05jmb