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ORD1989629COMMON COUNCIL - CITY OF MUSKEGO AMENDED ORDINANCE 11629 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO (Lake Brittany Estates Add. 111 - Mortimore) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS : SECTION 1: The following described Property is hereby rezoned from SW to RSA/OPD: Part of Outlot No. 5, Lake Brittany Estates Add. #l, a recorded subdivision being located in the SW 1/4 of the NE 1/4 and the NW 114 of the SE 114 of Section 12, Township 5 County, Wisconsin, which is more particularly described as North, Range 20 East in the City of Muskego, Waukesha follows: Commencing at a concrete monument with a brass cap at the center of said Section 12, thence N 1" 21 ' 49" West, N 87' 20' 27" East, 431.86 feet along the North line of said 331.93 feet along the West line of said Outlot No. 5; thence Outlot No. 5 to the point of beginning of this description; thence continuing North 87" 20' 27" East, 311.12 feet along said North line to the Northeast corner of said Outlot No. 5 ; thence South 1" 10' 00" East, 187.44 feet along the East line of said Outlot No. 5 to the Southeast corner of said Outlot No. 5; point also being on the North right-of-way line of Courtland Lane; thence South 88" 50' 00" West, said North line along the arc of a curve concave to the 198.07 feet along said North line; thence continuing along South 79.43 feet, the radius of which is 400.00 feet and the long chord of which bears South 83O 08' 30" West 79.30 feet; thence North 11' 28' 12" West, 190.27 feet to the point of beginning and end of this description and containing 54.429 square feet or 1.250 acres of land. 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 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 Any other ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. --. . - Ordinance fI629 Page 2 SECTION 3: This ordinance shall be in full force and effect from and after its passage, publication, and approval of the DNR and any other governmental agencies, and further subject to providing the City with security satisfactory to the City to 30, 1988 are complied with. insure the DNR requirements as stated in their Letter of November Passed and approved this 10th day of January, 1989 - . CITY OF MUSKEG0 ATTEST : City Clerk 0 PUBLISHED THIS 19th DAY OF January , 19 89 . jz .. . 1 CITY OF HUSKEGO W182 S8200 RACINE AVENUE MUSKEGO, WISCONSIN 53150 MEMORANDUM TO : Mayor Wayne Salentine Common Council Plan Commission Jean Marenda, City Clerk Gerry Lee, Director of Planning & Development FROH : Gene Kovacs, Assistant Director DATE !.larch 1 , 1989 RE Surety - Lake Brittany Estates Addition tl - The Common Council in Amended Ordinance t629 rezoned property in the Lake Brittany Estates Subdivision from Shoreland/Wetland (SW) to RSA/OPD. The ordinance conditioned the rezoning upon the developer providing the city with surety to insure that the DNR reauirements for a removal Of improperly placed ti11 are met. - The developer, Mr. Mortirnore, aRreed with John Loughney's estimate of S3.500.00 to accomplish the removal and regrading. credit, and it has been determined that there is $2,500 of the I requested Frank Ruekert to review the developers current letter of remaining $18,000 balance that could be utilized for this purpose. Mr. Mortimore has requested that we earmark this amount for the removal, and has provided us with an additional $1,000 of surety, (see amount to the required $~,~OO.OO.\~,LED attached Revised Letter of Credit thereby bringing the total surety Unless otherwise directed, I will contact Frank Ruekert to advise him of this amendment to the developer's letter of credit. and she has informed me that she is currently working with DNR and the I have been in contact with the developer's engineer, Cindy DeBruine, Army Corps of Engineers to develop an acceptable grading and erosion of November 30, 1988. control plan, as was additionally required by the DNR's correspondence STATE OF WISCONSIN ) Milwaukee Counly ) ) ss. JUDITH ZIOLKOWSKI being duly sworn, doth depose and say Ihal he is a11 aulhtxized represenlalive of The ..................... MUSKEG0 SUN a newspaper published al .MUSKEG9 ..... Wisconsin and lhal an adverliseme~~t of which lhe annexed is a lrue copy, laken from said paper, was published therein on .... ..... ....... .... JAN i -9' X189 ........ ..... ........... .. ... ... U BOOKKEEPER My Conlmission expires : .MR. 16. 1984. : e. ." ."". , . ""_ Official Notice CITY OF MUSKEGO COMMON COUNClL - CITY OF MUSKEGO ORDINANCE 8629 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO (Lake Brittany Estates Add. #1 - Mortimore) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS : /' rezoned from SW to RSAiOPD: SECTION 1: The following described tes Add. #l, a e SW 1 f4 of the NE ection 12, Township 5 particularly described as ego, Waukesha follows: Commencing at a c at the center of said Sect 331.93 feet along the We Outlot No. 5; thence N 87' 20' 27" East, 431 eet along the North line of said thence continuing N f this description; also being on the North right-of-way line of Court1 198.07 feet a1 Lane; thence South 88" 50' 00" West, said North line; thence continuing along South 79.43 concave to the 400.00 feet and the hich bears South 83" 08' 30" West 79.30 feet; et to the point of d containing 54.429 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. 4 0 Ordinance # 629 Page 2 SECTION 3: This ordinance shall be in full force and effect from and after its passage, publication, and approval of the UNR and any other governmental agencies. Passed and approved this /” day of CITY OF MUSKEGO / /” ,p / City Clerk / /