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ORD20071259rezone-muirfield_Amended AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1259 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO AND 2010 COMPREHENSIVE PLAN Villages of Muskego Lakes Partnership/Muirfield Development RM-1, B-4 and A-1 to RM-1 and RM-1, B-4 and A-1 to B-4 THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: The following described property is hereby rezoned from RM-1, B-4 and A-1 to RM-1: Being a part of the Southwest 1/4 and part of the Northwest 1/4 of Section 25, and part of the Northeast 1/4 and part of the Southeast 1/4 of Section 26, all in Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Southwest ¼ of the Northwest ¼ of said Section 25; Thence N 00°30'02"W along the west line of said Northwest 1/4, a distance of 228.05 feet to the POINT OF BEGINNING; Thence N 87°11'18"E, a distance of 1,340.35 feet; Thence S 00°44'27"E, a distance of 227.26 feet; Thence N 87°09'21"E, a distance of 872.85 feet to the northwesterly right-of-way line of Loomis Road (S.T.H. “36”); Thence S 63°29'12"W along said right-of-way line, a distance of 1,217.50 feet; Thence N 26°30'48"W, a distance of 340.67 feet; Thence S 87°11'17"W, a distance of 147.59 feet; Thence continuing S 87°11'17"W, a distance of 129.25 feet; Thence S 63°28'45"W, a distance of 516.10 feet; Thence N 33°11'45"W, a distance of 279.56 feet; Thence S 54°30'55"W, a distance of 131.92 feet; Thence S 01°23'46"E, a distance of 341.24 feet; Thence S01°14'21"E, a distance of 281.80 feet; Thence S 63°29'12"W, a distance of 295.53 feet; Thence N 26°30'48"W, a distance of 254.82 feet; Thence S 63°29'12"W, a distance of 385.03 feet; Thence N 60°04'38"W, a distance of 16.09 feet; Thence N 55°08'15"W, a distance of 95.83 feet; Thence continuing N 55°08'15"W, a distance of 95.83 feet; Thence N 53°40'17"W, a distance of 181.61 feet; Thence N 47°03'50"E, a distance of 960.03 feet; Thence N 11°49'51"E, a distance of 335.72 feet; Thence N 23°10'12"E, a distance of 256.52 feet; Thence N 89°29'58"E, a distance of 177.46 feet to the west line of said Northwest 1/4; Thence S 00°30'02"E along said line, a distance of 302.95 feet to the POINT OF BEGINNING. Containing 1,621,291 square feet, 37.2197 acres, more or less. Commencing at the Southwest 1/4of the Northwest 1/4 of said Section 25; Thence N 00°30'02"W along the west line of said Northwest 1/4, a distance of 228.05 feet to the POINT OF BEGINNING; Thence N 87°11'17"E, a distance of 1,098.67 feet; Thence S 06°18'44"E, a distance of 239.86 feet; Thence S 62°38'51"W, a distance of 269.66 feet; Thence N 89°49'48"W, a distance of 346.23 feet; Thence S 02°48'42"E, a distance of 195.09 feet; Thence S 63°29'12"W, a distance of 242.60 feet; Thence S 87°11'18"W, a distance of 360.00 feet; Thence S 02°48'42"E, a distance of 423.43 feet; Thence S 63°29'48"W, a distance of 426.06 feet; Thence N 26°30'48"W, a distance of 242.93 feet; Thence S 63°29'12"W, a distance of 265.00 feet; Thence N 60°04'38"W, a distance of 16.09 feet; Thence N 55°08'14"W, a distance of 95.83 feet; Thence N 55°08'14"W, a distance of 95.83 feet; Thence N 53°40'17"W, a distance of 181.61 feet; Thence N 47°03'50"E, a distance of 960.03 feet; Thence N 11°49'51"E, a distance of 335.72 feet; Thence N 23°10'12"E, a distance of 256.52 feet; Thence N 89°29'58"E, a distance of 177.46 feet to the west line of said Northwest 1/4; Thence S 00°30'02"E along said line, a distance of 302.95 feet to the POINT OF BEGINNING. Containing 1,311,022 square feet, 30.0970 acres, more or less. Ordinance #1259 SECTION 2: The following described property is hereby rezoned from RM-1, B-4 and A-1 to B-4: Being a part of the Southwest 1/4 of Section 25, and part of the Southeast 1/4 of Section 26, all in Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Southwest ¼ of the Northwest ¼ of said Section 25; Thence S 01°17'34"E along the west line of the Southwest ¼ of said Section 25, a distance of 191.86 feet to the POINT OF BEGINNING. Thence N 54°30'55"E, a distance of 91.18 feet; Thence S 33°11'45"E, a distance of 279.56 feet; Thence N 63°28'45"E, a distance of 516.10 feet; Thence N 87°11'17"E, a distance of 129.25 feet; Thence continuing N 87°11'17"E, a distance of 147.59 feet; Thence S 26°30'48"E, a distance of 340.67 feet to the northwesterly right-of-way line of Loomis Road (S.T.H. “36”); Thence S 63°29'12"W along said line, a distance of 1,604.19 feet; Thence N 68°11'13"W, a distance of 65.96 feet; Thence N 59°46'49"W, a distance of 419.48 feet; Thence N 63°29'12"E, a distance of 385.03 feet; Thence S 26°30'48"E, a distance of 254.82 feet; Thence N 63°29'12"E, a distance of 295.53 feet; Thence N 01°14'21"W, a distance of 281.80 feet; Thence N 01°23'46"W, a distance of 341.24 feet; Thence N 54°30'55"E, a distance of 40.74 feet to the west line of the Southwest ¼ of said Section 25 and the POINT OF BEGINNING. Containing 703,896 square feet, 16.1592 acres, more or less. Commencing at the Southwest corner of the Northwest ¼ of said Section 25; Thence S 01°17'34"E along the west line of the Southwest ¼ of said Section 25, a distance of 398.29 feet to the POINT OF BEGINNING; Thence N 87°11'18"E, a distance of 319.87 feet; Thence N 63°29'12"E, a distance of 242.60 feet; Thence N 02°48'42"W, a distance of 195.09 feet; Thence S 89°49'48"E, a distance of 346.23 feet; Thence N 62°38'51"E, a distance of 269.66 feet; Thence N 06°18'44"W, a distance of 239.86 feet; Thence N 87°11'17"E, a distance of 241.68 feet; Thence S 00°44'27"E, a distance of 227.26 feet to the south line of said Northwest 1/4; Thence N 87°09'21"E along said line, a distance of 872.85 feet to the northwesterly right-of-way line of Loomis Road (S.T.H. “36”); Thence S 63°29'12"W along said right-of-way line, a distance of 2,821.69 feet; Thence N 68°11'13"W, a distance of 65.96 feet; Thence N 59°46'49"W, a distance of 419.48 feet; Thence N 63°29'12"E, a distance of 265.00 feet; Thence S 26°30'48"E, a distance of 242.93 feet; Thence N 63°29'48"E, a distance of 426.06 feet; Thence N 02°48'42"W, a distance of 423.43 feet; Thence N 87°11'18"E, a distance of 40.13 feet to the west line of said Southwest ¼ and the POINT OF BEGINNING. Containing 1,014,166 square feet or 23.2820 acres, more or less. 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 ordinances 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 subject to Council approval of the Condominium Plats, Building, Site and Operations Plans and Developer’s Agreements. Further, any future developments proposed for this area not substantially conforming to the conceptual development proposed as part of the rezoning proposal will require nonsubstantial change determinations in front of the Common Council, which may or may not include public hearings. SECTION 5: The Common Council does hereby amend the 2010 Comprehensive Plan to reconfigure the commercial and multifamily areas to match the proposed zoning districts. Ordinance #1259 PASSED AND APPROVED THIS 23RD DAY OF OCTOBER , 2007. CITY OF MUSKEGO __________________________________ John R. Johnson, Mayor First Reading: 07/10/07 Deferred: 07/24/07 Referred back to Plan Commission 08/14/2007 Deferred: 09/11/07, 09/25/07, 10/09/07 ATTEST: __________________________ Published this 1st day of November, 2007 Clerk-Treasurer 7/07jmb