ORD1995872COMMON COUNCIL - CITY OF MUSKEGO
AMENDED
ORDINANCE #872
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO
NATIONAL REGENCY OF NEW BERLIN, INC.
RS-2 AND RS-3 TO RSM/OPD/OIP
CONDITIONAL REZONING AND DECLARATION OF RESTRICTIONS
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS
FOLLOWS :
SECTION 1: The following described properties are hereby
rezoned from RS-2 and RS-3 to RSM/OPD/OIP if all of the conditions
before the dates indicated herein, time being of the essence:
stated in Section 2 of this Ordinance are complied with on or
All that part of Tax Key 12223.980 and Tax Key U2224.998, located in
the SW & SE 1/4 of Section 16, T5N, RZOE, 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
88O 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 2O 12' 21" E, 208.22 feet; thence S 88' 34' 31" W,
180.86 feet to a point on the East line of Racine Avenue (C.T.H.
"Y"); thence N 2" 12' 21" E, along said East line 1122.46 feet
along said East right-of-way line; thence N 88' hl' 08" E, 651.34
feet; thence S Oo 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 75' 18' 53" W, 382.30
feet to the place of beginning.
0
PT S 1/2 SEC 16 T5N R2OE COM S 1/4 COR W 140.61 FT TH WLY 19.4
FT TH NLY 1328.76 FT TH NLY 319.04 FT TH ELY 163.72 FT TH ELY
380.96 FT TH S 320.93 FT TH W 50.83 FT TH S 333.75 FT TH W 266.1 FT
TH S 734.93 FT TH SWLY 101.57 FT TH SWLY 232.16 FT TO BGN
11.964 AC M/L REM VOL 1169/545 DEEDS EX THAT SOLD CITY
SECTION 2: Conditions Imposed: The following conditions
must be complied with on or before the date indicated, time being
properties are zoned RS-2 and RS-3 without further action:
of the essence, or this Ordinance is null and void and the
A. The construction of the development must begin on or
before December 1, 1997. For the purpose of this
Ordinance, construction means the beginning of
substantial excavation for foundation, footings or base
for new construction; and
0 B. National Regency of New Berlin, Inc., a Wisconsin wholly-owned, nonstock, non-profit subsidiary of
Waukesha Hospital Systems, Inc., shall have closed on
the purchase of the property described herein on or
before November 1, 1997; and
Ordinance #872 Page 2
C. The use of these properties is restricted to use as
senior citizen housing as defined herein. This
condition shall run with the lands and be binding upon
matter of this Ordinance. For the purposes of this
any future owners of the lands which is the subject
Ordinance and this restriction, this senior citizen
housing is defined as follows:
A Geriatric Center offering housing, social, and health
care services to seniors above the age of 62 within its
campus and limited to a Community Center, 154
Independent and Supportive Care residences, and 96
Assisted Living residences.
D. Approval of the City of Muskego of a conditional use
which includes the use referred to herein on or before
the 1st day of November, 1997.
E. National Regency of New Berlin, Inc. entering a
Developer's Agreement satisfactory to the City of
Muskego concerning the development of the property in
question on or before the 1st day of December, 1997.
F. National Regency of New Berlin, Inc. executing and
recording a Preservation Easement over a portion of the
property in question satisfactory to the City of
Muskego, on terms and conditions satisfactory to the
City of Muskego, which, generally speaking, restricts
the use of a portion of the property to its present
presently upon said portion of the property on or
natural condition and maintains trees and plants
before the 1st day of December, 1997.
G National Regency of New Berlin, Inc. obtaining,
designing and constructing, at its expense, off-site
storm water facilities including the acquisition and
Muskego containing the same, all to the satisfaction of
recording of off-site easements in favor of the City of
the City of Muskego on or before the 1st day of
December, 1997, but in any event, prior to the
commencement of any land disturbing activities upon the
land subject to this ordinance.
SECTION 3: National Regency of New Berlin, Inc. has
represented to the City of Muskego that they have been assigned
any and all rights of Senior Citizens Housing Development
Corporation of Muskego, Inc., Senior Citizens Housing Development
Corporation and the National Council of Senior Citizens concerning
the development of this land including, but not limited to, any
Ordinance #E33 of the City of Muskego and Agreement for Municipal
right, title and interest of the same pursuant to Amended
Development Corporation of Muskego dated on or about July 5, 1994,
Services and a Conditional Use granted to Senior Citizens Housing
and the City of Muskego is proceeding in this matter in reliance
upon said representations.
declared to be severable. If any section or portion thereof shall
SECTION 4: 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
t
Ordinance #812 Page 3
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 5: This Ordinance shall be in full force and
effect from and after its passage and publication and subject to
being of the essence, and this Ordinance is null and void and RS-2
all conditions stated above being met within the time stated, time
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 8th DAY OF AUGUST, 1995.
/
ATTEST : First Reading 1/25/95
J K. Marenda, Clerk Published on the 17th day
of August, 1995.
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss.
Personally came before me this /I+' day of
\
the above named David L. De Angelis, as Mayor, and wn lgg5,
Marenda, as Clerk, of the City of Muskego, to me known to be the
persons who executed the foregoing instrument and acknowledged the
same.
7/95 jmb
- 96
STATE OF WISCONSIN )
Milwaukee County )
) ss.
Off iciWktice-
CONDITIONAL REZONING AND
THE COMMON COUNCIL OF THE CITY
DECLARATION OF RESTRICTIONS
AS FOLLOWS: OF MUSKEGO, WISCONSIN, DO ORDAIN
SECTION 1: The foUo&g described prop
to RSIWOPD/OIF' if all of the- wnditions
erties are hereby rezoned from RS-2 and RS-3
plied with on or before the dates indicated he. ,
stated in Section 2 ofthis Ordinance am wm-
rein. timebelqofths eageqgr,:.y -
~lulatparEcd.Tax~y#~~:98o~dT~'
by K4224.998,,!ochtedin the sw & SF u&f
- 'I
1.4 WJ$ 3HT
sek1~-,16, TSN.:R~O~-~P* cityj& M~-
skego; Wa+nha'. C&ilF,t,: .Wiion#n.
bounded and described as follows:
Commencing 'at the Southeast wrner of
said SW U4 Section; thence S:88" 3h' 31" w
642.72 feet to the place of beginning~of the
along the South line of said SW U4 Section,
lands to be described; thenm continuing S 88"
thence N 2" 12' 21" E, 208.22 feet; thence S 34' 31" W along said South line 166.60 feet:
88' 34' 31" W, 180.86 feet a point on the
East line of Raciie Avenue (C.T.H::T);
thence N 2" 12' 21" E, alongmid E@ he
line; thence N 68" 41' 06" E, 651.34 feet;
1122.46 feet along said East riglft-of-way
thenceSOs12'52"E,1U0.34feettoa~ointin
the Enterline of Woods Road; thence South-
westerly 366.73 feet along said centerline of Wmda Road; thence Southwesterly 366.73
feet along said centerline of the arc of a circle
whose center is to theNorth. whose radius is
833.33 feet and.whose chord bears 5.76" 18'
53' W, 382.30 feet bthe place of beginning.
CORW140.61FTTHWLY19.4Fl~HNLY
PT S 112 SEC 16 T6N R20E COM S U4,
1326.76 FT TH,NLY 319.04 FT TH ELY.
163.72FTTHELY380.96FTTHS320.93FT
TH W 60.83 FT TH S 333.76 FT TH W 266.1 FT TH S 734.93 FT TH SWLY 101.67 Fl,TH
SWLY 232.16 FT TO BGN 11.964 AC MA, REM VOL 1169/646 DEEDS EX THAT SOLD CITY
lowing conditions muat be complied with on
SECTION 2: Conditions Imposed The'fol-
or before the date indicated, time beingof the
essence, or this Ordinance~is null and void
and the properties are Zoned-BfP-d-IGST
without further action: k The construction of the. development
must begin on or before December 1, 1997.
For.the purpose of this Ordinance. Construc-
tion meansthe beginningofsubstantialexca-
vationforfoundation,footingsorbasefornew
cocstructian; and B. National Regency of New'Berlin. InC.. a
Wiswnsin wholly-owned. nonstoek, now
tern!, Inc., shall have dosed on the purch88e
profit subsidiary of Waukesha Hospital SYS-
of the property descfibed herein on or before
November 1.1997: and C. Theuse of these properties is restricted
rein. T%ia condition shall run with the lands
touseas~niorcitizenhousingasdef~edhe-
and be binding upon any future owners ofthe
landswhichisthesubjectmatterofthisres~-
ictiori, this senior citizen housing is defmed
as follows: A Geriatric Center offering housing. social
and health cve service to seniors above the
Community Center, '164 Independent and
age of 62 within its campus and limited to a
SupportiveCare residences. and 96 Assisted
Living residences.
ditional use which includes-the use referrad
D.ApprovaloftheCityofMuskdgoofa~n-
to herein on or before the" day of Nmem-
ber. 1997. E. National RegencyofNew Berlin, Inc. en-
tering a Developer's Agreement satisfactory
to the City of Muskego wnceming the deve-
lopment of the property in question on or be-
fore the st day of December. 1997.
ecuting and rsoo~ a herriation Ease-
F. Naknal &gencgofN& Berlin. Inc. ex-
ment over a portion of the propeb-in plrss-
WUDITH ZIOLKOWSKI being duly sworn,
doth deoose and sav that he is an authorized reoresentative of
The ' M.!?KEG6 SUN..
a newspaper published at ........... MUSKEGO
Wisconsin and that an advertisement of which the annexed is a
true copy, taken from said paper, was published therein on
.. ...
........... ....
Subscribed and sworn to before mthis ./ :? . day 4
of .
My Commssion expires F\P,R.IL. 6 19 97
terms and wnditious-satidadotory to the'city
tion satisfadory to the City of Muskego, on
'stricti 'the use of a portion Qf the propartyto
of M+ego. which. genedy speaking. 'm-
its present ne,tural condition and maintains
trees and plaits presently upon said portion
of the property on or before the 1st day of De- - camber. 1997. G. NationalRegencyofNew B&h. 1nc.ob-
taining, designing and constricting, at ita ex-
pense, off-aite stqm water.facilities.indnd-
ing the acquisition apd rearding of 05-site
easements in favor of the City of Muskego
containing the same, ell to the satisfaction of
theCityofMuskcgoonorbeforethelStdayOf
Dscember,1997,butinanyevent,priortothe
wmmencement of any land disturbing activi-
and the National Council of Senior Citi'mna ' _~. ~~~~ ~ ~~ ~
concerning the development of this land in-
cluding,butnotlimitedto,anyright,tjtleand
interest of the.aame pursuant to 'Amended:
Ordinance #E33 of the City of MuiE&&!d
Agreement for Municipal Services and a Con-
ditionalUsegrantedtoSeniorCitizensHous-
ing Development Corporation of Muskego
datedonoreboutJuly6,1994,andtheCityof
MuskKgo is proceeding in this matter in re:
liance upbn said representations. SECTION.4: The several sections of.this
Ordinance are declared to be severable. gany
section or portion thereof shall be deelared by
a decision ofa caurtofcompetentjurisdiction~
to be invalid, unlawful. or unenforceable.
such decision shall apply only to the specific
section or portion thereof directlyspecilied in
the decision. and not aITect 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 n%hrreby repealed as to
those terms that conflict. SECTION'& This Ordinance shall be in
full foree and effect from and &r its pansage
and publication acd subject to all wnditions
stated above being met within the time
stated, time being ofthe essence, and this Or-
dinance is null and void and RS2 and R53
condition is not complied with on the terms
zoning in effect with no further notice if any.
and conditions stated~herein.
DAY OF AUGUST,'l995.
PASSED AND APPROVED THIS 8TH
'CITY OF'MUSKEGO
ATTEST:
dean K MarPndn Clerk
,David L. De &gelis. Mayor
First Reading 7/25/95
~ .~ .
~N-COUNCIL - CITY OF MUSKEG
ORDINANCE #a72
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEG0
NATIONAL REGENCY OF NEW BERLIN, INC.
RS-2 AND RS-3 TO RSM/OPD/OIP
CONDITIONAL REZONING AND DECLARATION OF
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS
FOLLOWS :
rezoned from RS-2 and RS-3 to RSM/OPD/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 properties are hereby
All that part of Tax Key W2223.980 and Tax Key #2224,.998, / located in
the SW & SE 1/4 of Section 16, T5N, R20E, in the CiFy 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 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 RAcine Avenue (C.T.H. "Y"); thence N 2' 12'
21" E, along said East line 1122.46 feet along said East right-of-way
line; thence N 880 41' 08" E, 651.34 feet; thence s 00 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.
i
0
PT S 1/2 SEC 16 T5N R20E COM S 1/4 COR W 140.61 FT TH WLY 19.4 FT TH
NLY 1328.76 FT TH NLY 319.04 FT TH ELY 163.72 FT TH ELY 380.96 FT TH S
320.93 FT TH W 50.83 FT TH S 333.75 FT TH W 266.1 FT TH S 734.93 FT
TH SWLY 101.57 FT TH SWLY 232.16 FT .TO BGN 11.964 AC M/L REM VOL
1169/545 DEEDS EX THAT SOLD CITY
be complied with on or before the date indicated, time being of the
SECTION 2: Conditions Imposed: The following conditions must
essence, or this Ordinance is ,null and void and the properties are
zoned RS-2 and RS-3 without further action:
A. The construction of the development must begin on or
before December 11, 1997. For the purpose of this
Ordinance, consthction means the beginning of
substantial excavation for foundation, footings or base
for new construction; and
B.
wholly-owned,/nonstock, non-profit subsidiary of
National Regency of New Berlin, Inc., a Wisconsin
Waukesha Hospital Systems, Inc.; shall have closed on
before November 1, 1997; and
the purchase 'of the property described herein on or
i
C. The use of these properties is restricted to use as
condition shall run with the lands and be binding upon
senior citizen housing as defined herein. This ,
Ordinance #E72 Page 2
any future owners of the lands 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;
Those individuals or families that meet the above
criteria and are independently ambulatory.
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 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
being of the essence, and this Ordinance is null and void and RS-2
all conditions stated above being met within the time stated, time
and RS-3 zoning in effect with no further notice if any condition
is not complied with on the terms and conditions stated herein.
0 PASSED AND APPROVED THIS th DAY OF , 1995.
CITY OF MUSKEG0
David L. De Angelis, Mayor
ATTEST: First Reading 1/25/95
Jean K. Marenda, Clerk Published on the day
of August, 1995.
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss.
Personally came before me this day of , 1995,
the above named David L. De Angelis, as Mayor, and Jean K. Marenda,
as Clerk, of the City of Muskego, to me known to be the persons who
executed the foregoing instrument and acknowledged the same.
NOTARY PUBLIC, STATE OF WI
My commission expires:
7/95jmb