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ORD1992754AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #I54 .. AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO RS-2 to RSM/OPD Lutherans Inc. For Elderly - L.I.F.E. THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS : SECTION 1: The following described property is hereby rezoned from RS-2 to RSM/OPD if the following condition is met: The construction of the development has begun on or before one year from the date of this Ordinance. For purposes of this Ordinance, construction means the beginning of substantial excavation for foundations, footings, or base for new construction: That part of the Southeast 1/4 of Section 2, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, which is bounded and described as follows: Commencing at the Southeast 1/4 of said 1/4 section, thence North 00 59' 19" West along the east line of said 1/4 section 1173.00 feet to the point of beginning of the lands herein described: Thence continuing North OOo 59' 19" West, along said west line 1044.66 feet to a point; thence South 87O 41' 18" West and parallel with the north line of said 1/4 section. 655.07 feet to a point; thence South 76O 05' 31" East, 146.15 feet to a point; thence South 23O 35' 40" East, 134.22 feet to a point which is 597.10 feet South 00 O 59' 19" West of the north line of said 1/4 section; thence to a point which is 462.73 feet South 87O 41' 18" West of the east South 87' 41' 18" West and parallel with said north line, 0.47 feet line of said 1/4 section; thence South 53' 53' 31" East, 103.77 feet to a point; thence South 19O 57' 31" East, 100.00 feet to a point; thence South 23" 23' 31" East, 42.00 feet to the northeast corner of Certified Survey Map No. 4968 recorded as Document Number 213; thence South 19' 07' 31" East along the east line of said 1353719 in Volume 40 of Certified Survey Maps on Pages 211, 212, and Certified Survey Map, 108.89 feet to a point; thence South 34' 13' 05" West along said east line 315.00 feet to the northeast corner of Certified Survey Map Number 4327, recorded as Document Number 1214745 in Volume 34 of Certified Survey Maps on Pages 178, 179, and 180; thence South 34' 01' 05" West along the east line of Certified Survey Map Number 4327, 177.86 feet to a point; thence South 70" Drive, 480.41 feet; thence North 89' 00' 41" East along the north 50' 07" East and parallel with the north R.O.W. line of Tens Corners line of Certified Survey Map Number 3531, 130.00 feet to the place of beginning. Containing 9.87 acres, more or less. declared to be severable. If any section or portion thereof shall SECTION 2: The several sections of this ordinance are be declared by a decision of a court of competent jurisdiction to e Ordinance #I54 Page 2 0 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 3: This ordinance shall be in full force and effect from and after its passage and publication but if said condition stated above is not met within the time limit stated, this Ordinance is null and void and the RS-2 zoning is in full force and effect. PASSED AND APPROVED THIS 9TH DAY OF JUNE , 1992. CITY OF MUSKEG0 ATTEST : WA ld"d "LL Waynd G. Sa-lentine, Mayor Published on the 18th day of June, 1992. STATE OF WISCONSIN ) Milwaukee Counly 1 , ) 5s. CIW OF MUSKEW OfficiGiitice Lutherans Inc. For Elderly THECOM?4ONCO~CILOFTHHECl~ -L.l.F.E. AS FOLLOWS OF MUSmGO. WISCONSIN, DO ORDAIN SECTION 1: The falloulngdescnbed pmp- erty ig hereby rezoned fmm Rs-2 Lo RSW constructionorthedevelopmenthaabesrnon or before one year from the date orthia Ordi- nsnce. For p-'ea ofthis Ordinance. con- atmction means the beginning ofsubatantid excavation for foundations, fmtinga. or, hsse for "ew mnatruction: ThdC~~-~theSoutheabt;Zi.oiSactloo21 Muskego, Waukesha County. Wisconsin, Tom 5 North, %we 20 Eaat, in the City of which ia bounded and described as rollows: Commendng st the Southeast U4 of said U4 section. thence North 00' 59' 19' West along the east line ofmid U4 section 1173.00 f~~ttothepintofbepnningolthelandahe- rein deacribed: en- continuingNorth 030 59' 19' Weat, ,said weat line 1044.66 rcet to B pint; ti .e South 8V 41' 18' Weat and 1 .he north line ofaaid u4 aectian, 655.01 leer to B point: thence South 78' 05' 31" East, 148.15feetLoapint;theoepSoutb23°35'40. Eamt. 134.22 feet to B point which io 697.10 feetSouth00~59'19"We.tofthenorthLineof mid U4 section: thence %uth 87. 4I' 18' West and parallel eth said oonh line, 0.47 feet to B pobt which is 462.73 feet %uth 87O then~eSouth53.53'31'Esat,103.77f~.elLas II'lbWestoffheesatlineolaaidU4s~on; feetLoapoint:thenceSouth23'23'31'Eost, point; thence South 19' 57' 31' Eaat. 100.00 42.00feettothenorthesatcomerofCertificd Sul-vey Map No. 4968 recorded ma Document Number 1353119 in Volume 40 of Certified Survey Map on Pages 211. 212. and 213; thence South 19' 07' 31' Eaat along the east lineofsaid Certified Swty Map. 108.89 reel to B point; thence South 34' 13' 05' West along said east line 315.00 reet to the no*- eaat comer ofCe&ed Survey Map Number 4327,recorded as DocumcntNumer 1214745 in Volume 34 of Certified Survey Maps on P~ea178.179.and180;then~aSovth34'01' 05" Wesf along the east line of Certified Survey Map Number 4327, 171.86 feet LD B point;lhencaSouth70'50'07'Eartandpara- llrl with thhe north R.O.W. lbr orTraa COP nera Drive. 460.41 feet; thence North 89 OD 41" Eaat dong the north line of Cetiied place or beglnning. Survey Map Number3531.130.00 feet La the OPD ir the rollawing is me Co"ta>"ing 9.81 acre% more or le-. SECTION 2: me sections or this ardbancearpdeclaredtobeaeverable.lfany section or portion theredshall be declared by i adecisionofacovrtorcompelenljutiadiction ~ to be invalid. udadul. or unenforceable. such decision ahall ~pplg only LD the apocific sectiooorprtionth.redr~reetlyspafiedin the deciaion. and not affect the validity of all dthc ordinance which shall remain in full rorce and e!%&. Any athar ordinance whore terms are in conflict srith ths pmvisions or thiaordvlanresreherebyrepealcdaatohose terms that conflict. f~arceandefl~trromand~rit.paasag~and SECTlON3:~aordinenceshallbeinfull publication but ifasid conditionstaled above is not met within the time limit staled, thm Ordinance IS null and void and the Rs-2 mn- ing is in full force and elfect DAY OF JUNE, 1992 PASSED AND APPROVED THIS CrlW ClTy OF MUSKEGO other provisions. sectiona. or portiao thereor M Wayne G. se1entine Mayor ATTEST: Jean K Marenda .. ... . <!Jy " . . . . . >. 3. ... (Signed) BOOKKEEPER, .... Subscribed and sworn lo befole me lhis 1.8%~ .day Id city Clerk Published on the 18th day ofJune. 1992.