ORD1994833COMMON COUNCIL - CITY OF MUSKEGO
AMENDED
ORDINANCE #E33
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO
RS-3 to RSM/OIP - SENIOR CITIZENS HOUSING DEVELOPMENT 0 CONDITIONAL REZONING AND DECLARATION OF RESTRICTIONS
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS
FOLLOWS :
rezoned from RS-3 to RSM/OIP 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:
SECTION 1: The following described property is hereby
All that part of the SW 1/4 of Section 16, T5N. WOE, in the City of
Muskego, Waukesha County, Wisconsin, bounded and described as
follows:
Commencing at the Southeast corner of said SW 1/4 Section; thence S
88' 34' 31" W along the South line of said SW 1/4 Section, 542.72
feet to the place of beginning of the lands to be described; thence
continuing S 88O 34' 31" W along said South line 156.50 feet;
thence N 2" 12' 21" E, 208.22 feet; thence S 88O 34' 31" W,
180.86 feet to a point on the East line of Racine Avenue (C.T.H.
"Y"); thence N 2O 12' 21" E, along said East line 1122.46 feet
along said East right-of-way line; thence N 88' 41' 08" E, 651.34
feet; thence S O' 12' 52" E, 1240.34 feet to a point in the
centerline of Woods Road; thence southwesterly 385.73 feet along said
centerline of Woods Road; thence Southwesterly 385.73 feet along said
centerline of the arc of a circle whose center is to the North. whose
radius is 833.33 feet and whose chord bears S 75O 18' 53" W, 382.30
feet to the place of beginning.
e
I
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 RS-3 without further action:
A. The construction of the development must begin on or
before September 1, 1995. For the purpose of this
Ordinance, construction means the beginning of
substantial excavation for foundation, footings or base
for new construction; and
E.
Muskego, Inc., a Washington, D.C. non-stock, non-profit
Senior Citizens Housing Development Corporation of
corporation, shall have closed on the purchase of the
property described herein on or before August 1, 1995;
and
C. The use of this 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, senior citizen housing is defined as
follows :
Those persons who are 62 years of age or older, upon
the application for residency in the development; J
Ordinance #833 Page 2
Those individuals or families that meet the above
criteria and are independently ambulatory. .
k. v ;
declared to be severable. If any section or portion thereof shall
SECTION 3: The several sections of this Ordinance are
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
provisions, sections, or portion thereof of the Ordinance which
in the decision, and not affect the validity of all other
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 shall be 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 RS-3
zoning in effect with no further notice if any condition is not
complied with on the terms and conditions stated herein.
PASSED AND APPROVED THIS 26th DAY OF APRIL, 1994. A
ATTEST:
K.
arenda, Clerk
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss.
First Reading: 3/22/94
Deferred 4/12/94
Pulbished on the 5th day
of May, 1994.
Personally came before me this 23nc/ day of
the above named David L. De Angelis, as Mayor, and "e J lgg4,
Marenda, as Clerk, of the City of Muskego, to me known to be the
persons who executed the foregoing instrument and acknowledged the
same.
THIS INSTRUMENT WAS DRAFTED BY:
Attorney Donald S. Molter, Jr.
Arenz, Molter, Macy L Riffle, S.C.
720 N. East Avenue, P.O. Box 1348
Waukesha, Wisconsin 53187-1348
4/94 jmb
.STATE OF WISCONSIN )
Milwaukee Counly )
) 5s.
Off icigdJ&tice
COMMON COUNCIL - AMENDED
CITY OF MUSKEGO
ORD~NANCE
OF RESTRICTIONS
THE COMMON COUNCIL OF THE CITY
OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS
erty is hereby rezoned from RS-3 to RSWOIP
SECTION 1: The following described prop-
all afthe conditions stated in Section 2 of this
Ordinance are complied with on or before the
dates indicated herein, time being of the
essence:
TSN. RZOE, in the City of Muskego,
All that part of the SW 114 of Section 16,
Waukesha County, Wisconsin, bounded and
described ns follows:
said SW 1/4 Section: thence S 88" 34' 31" W Commencing at the Southeast corner of
along the South line of said SW U4 Section,
542.72 feet to the place of beginning of the
lands to be described thencecontinuings 88'
34' 31" W along said South line 156.50 feet;
thence N 2" 12' 21" E. 208.22 feet; thence S
88" 34' 31" W, 180.86 feet to a point on the
East line of Rscine Avenue (C.T.H. "3'");
thence N 2" 12' 21" E, along said East line
line; thence N 88O 41' 08" E. 651.34 feet;
1122.46 feet along said East rightof-way
theneeS0°12'52"E.1240.34feettoapointin
the centerline of Woods Road thence South-
westerly 385.73 feet along said centerline of
feet along said centerline of the am of a circle
Woads Road; thence Southwesterly 385.73
whose center is to the North, whose radius is
833.33 feet and whose chord bears S 75" 18'
53" W, 382.30 feet to the place of beginning.
lowing Conditions must be complied with an
SECTION 2: Conditions Imposed: The fol-
or before the date indicated, time being ofthe
essence, or this Ordinance is null and void
and the property is zoned' Rs-3 without
further action:
must begin on or before September 1, 1995.
A. The construction of the development
For the purpose of this Ordinance, COnStNC-
vationforfoundation;foatingsorbasefornew
tion meansthebeginningofsubstentialexee-
construction: and
Corporation of Muskego, he.. a Washington,
E. Senior Citizens Housing Development
D.C. nan-stock. non-profit corporation, shall
have closed on the purchase of the property
described herein on or before August 1;1994;
and
Judith LhIkowski being duty sworn,
doth depose and say that he is an authorized representalive of
a newspaper published at.. . Muskego.. .............
Wisconsin and lhal an adverlisemenl of which tile annexed is a
ttue copy, taken from said paper, was published therein on
The .. ELt1skcr:v . S LI 11. ...............
...........................
L2-E .C4~&4-. i .Liz .1. wy.
'~ J ........................
..........................
......................
Y BOOKKEEPER,
Subscribed and sworn lo before me lhis . . 4. %. . dav
\
.... APRIL 6. 1997
use as senior citizen housing as defined he-
C. The use of this property is restricted to
rein. This condition shall run with the land
land which is the subject matter ofthis Ordi-
and be binding upon any future owners of the
nance. For the purposes of thia Ordinance
and this restriction, senior citizen housing is
defined as follows:
older, upon the applieetion'for residency in
Those persons who are 62 years of age or
the development;
Thoseindividuels orfamilies that meet the
above criteria and are independently
ambulatory.
Ordinance are declared to he severable. Ifany
SECTION 3: The several sections of this
section or portion thereofshall be declared by
a decision ofa wurt ofwmpetentjurisdiction
to be invalid, unlawful, or unenforceable,
such decision shall apply only tb the s@eciffc
section or portion thereofdirectly specified in
the decision;and not-affect thevalidity of all
other provisions, sections, or portion thereof
of the Ordinance which shall remain in full
force and effect. Any other Ordinance whose
this Ordinance are hereby repealed as to
terms are in conflict with the provisions of
those terms that conflict.
forceandeffectfiomsndafteritspassageand
SECTION 4: This ordinance shall be in full
publication and subject to all conditions
stated above being met within the time
stated, time being of the essence, and this Or-
dinance is null and void and RS-3 zoning in
effectwithnofurthernoticeifanyconditionis
tions stated herein.
not eomplied with an the terms and condi-
PASSED AND APPROVED THIS 26TH
DAY OF APRIL, 1994.
CITY OF MUSKEGO
David L. De Angelis,,Mayor
ATTEST:
Id Jean K Marenda
Clerk