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ORD1996892e 6 MUSKEGO COMMON CO AMENDED ORDINANCE #E92 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 : rezoned from RS-2 and RS-3 to RSM/OPD/OIP if all of the conditions SECTION 1: The following described properties are hereby stated in Section 2 of this Ordinance are complied with on or before the dates indicated herein, time being of the essence: All that part of Tax Key W2223.980 and Tax Key #2224.998, located in the SW & SE 1/4 of Section 16, T5N. RZOE, in the City of Muekego, 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 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 88' 41' 08" E, 651.34 centerline of Woods Road; thence Southwesterly 385.73 feet along said feet; thence S On 12' 52" E, 1240.34 feet to a point in the 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. PT S 1/2 SEC 16 T5N RZOE 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 TH S 734.93 FT TH SWLY 101.57 FT TH SWLY 232.16 FT TO BGN 380.96 FT TH S 320.93 FT TH W 50.83 FT TH S 333.75 FT TH W 266.1 FT 11.964 AC M/L REM VOL 1169/545 DEEDS EX THAT SOLD CITY must be complied with on or before the date indicated, time being of the essence, or this Ordinance is null and void and the properties are zoned RS-2 and RS-3 without further action: SECTION 2: Conditions Imposed: The following conditions 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 B. wholly-owned, nonstock, non-profit subsidiary of National Regency of New Berlin, Inc., a Wisconsin Waukesha Hospital Systems, Inc., shall have closed on the purchase of the property described herein on or before November 1, 1997; and Ordinance #E92 Page 2 0 0 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 Assisted Living residences. Independent and Supportive Care residences, and 96 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 property in question satisfactory to the City of recording a Preservation Easement over a portion of the 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 natural condition and maintains trees and plants presently upon said portion of the property on or 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 or disturbing activities upon the land subject to this simultaneously with the commencement of any land be permitted until it is verified by the City that ordinance; however, no above grade construction shall down stream off-site storm drainage facilities substantial completion of all retention factilities and (excluding on-site conveyance facilities) is achieved to the City's satisfaction. represented to the City of Muskego that they have been assigned SECTION 3: National Regency of New Berlin, Inc. has any and all rights of Senior Citizens Housing Development Corporation of Muskego, Inc., Senior Citizens Housing Development 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 . Corporation and the National Council of Senior Citizens concerning Ordinance #892 Page 3 and the City of Muskego is proceeding in this matter in .r,?liance upon said representations. z SECTION 4: 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 5: 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-2 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 23rd DAY OF APRIL ' "'"/ ATTEST: K-)r7d arenda, Clerk STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) ) ss. Published on the 2nd day of May, 1996. Personally came before me this && day of Fe/ I 1996, the above named David L. De Angelis, as Mayor, and ean 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. 4/96 jmb Official Notice <I ,,I,,!: rl"""~~~ time being of the essence: . , .. ., .~ . ~ ,. coiinNuE'E6 , ,0NNxr,PAbC .I Key #2224.998.located in the SW 8z SE U40f all that par to^ ~axheyxzxm.~ouandT~ Section 16, TBN, R20E. in the City of Mu- skego;' Waukesha County, WiSConSin. bounded and described as fallows: said SW ,U4 Section;.thence S 88" 34' 31" W Commencing at the Southeast comer of along the South line'of said SW U4 Sction.. 542.72feet tu the place of beginning of the landstobedesuibed; thence continuing3 88" 34' 31". W,-along said South line 156.50 feet: thence N.2' 1% 21" E, 208.22.feet: thence S 88" 34' 3l"~W:,l80.86 f,eet,to. +point on the"..; East &e: of'hcine 'Avenue (C.T.H:.,"r");:" thence N 2":'12,'.21" E, dong said.Eestline. 1122.46 feet along said East right*f-way thenceS0'12'62"E,1240.34feettoapoiptin he; thence N 88* 41' 08" E, 651.34 feet; the centerline of Woods Road; thence South- westerly 385.73 feet along said centerhe of Woods Road; thence Southwesterly ,385.73 feet along said centerline of the arc of a eirde 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. COR W 140.61 FT TH WLY 19.4 ETTH NLy PT S 1/2 SEC 16 T5N R20E COM S'U4 1328.76 FT TH NLY 319.04 ET TH ELY TH W 50.83 FT TH S 333.76 FJ! TH W 266.1 163.72 FTTH ELY 380.96 FTTH S 320.93 FT FT TH S 734.93 FT TH SWLY 101.57 FT TH SWLY 232.18 FT TO BGN 11.984 AC Mn REM VOL 1169/645 DEEDS Ex THAT SOLD CITY SECTION 2: Conditions Imposed The fob lowing conditions must be complied with on or before the date indicated. time being ofthe essence, or this Ordinance is null and void and the properties are z0ned.W-2 and RS-3 without further actiom. A me, ioxqtructi6n of &e development must begin on or before December 1..,1997. For the purpose of this Ordinance. conStNC- tionmeanathebeginningofeubstatltialerea- vationforfoundntion,Iootineaorbasefornew ebnstrudion; and B. National Regency of New Berh;Inc., a Wisconsiq wholly+wned, nOnstock. 'non- profit eUbai+ary of Waukeshs Hospital'Sys- mi. he., shall have closed on tho purchase ':'&the bioperty described herein on or befop 'November 1,1997; and - ,,,C. 1.. qe . . .. use .,. oftheee.prope+en iq&s+cbd tq use as senior citiz?n hosing as debd he- fein. This condition shall run with the Ian@ .J~~dswhichisthesubjeftmatterofthi-Ordi- , pq be binding upon any ktwe ownern ofthe nance. For the.purposes .of thin 0rb-e and this restriction. this senior C+n how- AGeriatric,Ce,n~ioffesringhousing.sodal. ing is defined an follows: within ite amp* and limited to 8 adhealth uve'servicea t+? Seqiorn above the %on+unity Center;, 164. Independent and Supportive Carq:eaidenes. .. "d 96 Assisted LiWg i-asidences. D.ApprovaloftheCityofMuskegoofSmn- 'ditional use which includes the use referred ti'hereln on or,before the 1st day of Novem- tion satisfactory to the City.of Muskego. on terms and conditione satidactory,to the City .of Muskego. which, generally speaking. re- stricts the use of a portion of the property to itspresent natural condition and maintains trees and pl,+ts presently upoh said portion of the property on or before the 1st day ofDe- cember. 1997. . .., G. National RegencyofNew Berlin, Inc. ob- taining, designing andc6nstructing. at ita ex- pense, off-site storm water facilities includ- ing the.acquisition ind reMrding of &site easements in favor of the City of Muskego containing the'same. all to the satinfadion of theCityofMuskegoonorbeforethelstdayof December. 1997 but in any,event, prior to,or simultaneously witIi&e qmrnencement of any land disturbing activities upon the land subject to this ordinance; however, no above grade const&tion shall be permit,ted until it is verified bythe City that iibstantial'wm- ,pletion of all retention facilities and down stream off-site storm drainage facilities (ex- cluding on-site conveyance facilities) is achieved to the City's satisfaction. SECTION 3 National Regency of New skego that they have been assigned any and Berlin. he. hasrepresented to the CityofMu- ell rightsofSenior Citizens Housing Devdop- ment Carporntion of Muskago. Inc., Senior Citi,zens Housing Development Corporation _I .,.I ~.<.:w *;I...i.,D:o,,...:. LEGAL 2 and the National Council of Senior Citizens concerning the development of this land in- cluding,butnotliiitedto,snyright,titleand interest of the same pursuant to Mended Agreement for Municipal Services and a Con? Ordintnee A833,af the City of Muskego and ditionalUsegr~tedtoSeniorCitizenSHO~S'. ing Development Corporation- of Musk&$ datedonorabout,July5,1994,andtheCityof Muskego is preeding in this matter in rf liance upon said.representations. SECTION 4: me several sections of this ordinance are declared tu be Everable. If+ section or portion thereofshall be declared by ;a decision of a court of competent jurisdiction' @:.be invalld;'unlawful, or unenforceable. such decision'.shall apply only to the specific 'section or portion thereof d.irectly specified in other provisions. sections, or portion thereof the decision. and not dTect the validity of all of the Ordinance which shall remain in full force and effect Any other Ordinance whose terms & in conflict with the provisions of ! this Ordinance are hereby repealed 8s.b those terms that conilict.. I SECTION 5: This Ordinance shd be in full force and effect from and aIter its passage and Publication and subject to all conditions stated above being met within the time stated. timebeingoftheeasenee. and thisor- dinance is null and void and RS-2 and RS-3 zoning in effect with no further notice ilany condition is not complied with on the terms and conditions stated herein. DAY OF APRIL, 1996. PASSED AND APPROVED THIS 23rd /a/David L. De Angelis CITY OF MUSKEGO Mayor ATTEST: Jean K. Marenda Clerk ,,. ber; 1997. iv E. ~~tio~al~egencyofNew Berlin. Inc.en- bring a Developer's Agreement satiafactary to the City of Muskego conce,rning the deve- lopment of the property in question on Or be- fore the 1st day, of December, 1997. F. N.atiopal RegencyofNew Berlin. InC: ex- ecuting'and "cording a:PreFrvahon Ease- ment over, a'portioh of the property in wee- 0 0 COMMON COUNCIL - CITY OF MUSKEG0 ORDINANCE #E92 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY RS-2 AND RS-3 TO RSM/OPD/OIP NATIONAL REGENCY OF NEW BERLIN, INC. CONDITIONAL REZONING AND DECLARATION OF REST ICTIONS P THE COMMON COUNCIL FOLLOWS : rezoned from RS-2 before the dates in the essence: stated in Section 2 of this Ordinance omplied with on or SECTION 1: T all of the conditions rties are hereby ~ll that part of Tax Key %2223.980 a x Key P2224.998, located in the SW & SE 1/4 of Section 16, T5N Waukesha County, Commencing at the 88O 34' 31" W along the Sou e of said SW 1/4 Section, 542.72 continuing S 88O feet to the place of beginn the lands to be described; thence thence N 2' 12' 180.86 feet to a point "Y"); thence N 2 along said East ri -way line; thence N 88' 41' 08" E, 651.34 feet; thence S Oo centerline of Wood centerline of Wood centerline of th arc of a circle whose center is to the North, whose radius is 833.3 feet and whose chord bears S 75" 18' 53" W, 382.30 feet to the pl3ace B of beginning. / 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 TH S 734.93 FT TH SWLY 101.57 FT TH SWLY 232.16 FT TO BGN 380.96 FT TH S 320.93 FT TH W 50.83 FT TH S 333.75 FT TH W 266.1 FT 11.964 AC M/L REM VOL 11691'545 DEEDS EX THAT SOLD CITY must be comDlied with on or before the date indicated, time beinq SECTION 2: Conditions Imposed: The following conditions of the 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 1, 1997. For the purpose of this Ordinance, construction means the beginning of substantial excavation for foundation, footings or base for new construction; and 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 #E92 Page 2 C. D. E. F. G. 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. 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. Developer's Agreement satisfactory to the City of National Regency of New Berlin, Inc. entering a Muskego concerning the development of the property in question on or before the 1st day of December, 1997. 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 natural condition and maintains trees and plants presently upon said portion of the property on or before the 1st day of December, 1997. 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 December, 1997. the City of Muskego on or before the 1st day of SECTION 3: National Regency of New Berlin, Inc. has represented to the City of Muskego that they have been assigned Corporation of Muskego, Inc., Senior Citizens Housing Development any and all rights of Senior Citizens Housing Development Corporation and the National Council of Senior Citizens concerning right, title and interest of the same pursuant to Amended the development of this land including, but not limited to, any Ordinance #E33 of the City of Muskego and Agreement for Municipal Services and a Conditional Use granted to Senior Citizens Housing Development Corporation of Muskego dated on or about July 5, 1994, and the City of Muskeqo is proceedinq in this matter in reliance - upon said representations. Ordinance #a92 Page 3 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 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 all conditions stated above being met within the time stated, time being of the essence, and this Ordinance is null and void and RS-2 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 DAY OF , 1996 CITY OF MUSKEG0 David L. De Angelis, Mayor ATTEST: Jean K. Marenda, Clerk First Reading Published on the day of , 1996. STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) ) ss. Personally came before me this - day of , 1996, 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: 4/96 jmb