ORD1998968AMENDED
ORDINANCE #968
COMMON COUNCIL - CITY OF MUSKEGO
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO
B-1 to RSMlOlP - New Markets, Inc.
CONDITIONAL REZONING AND DECLARATION OF RESTRICTIONS
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA, WISCONSIN
DO ORDAIN AS FOLLOWS:
SECTION 1. The following described property is hereby rezoned from 6-1 to RSMlOlP
if 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:
Being all of Parcel 1 of CERTIFIED SURVEY MAP NO. 8376 and lands located in the NE
% of the NW % of Section 21, T 5N, R 20E, in the City of Muskego, Waukesha County,
Wisconsin, bounded and described as follows; Commencing at the Northeasl comer of
said NW % Section 21, thence S 88" 34' 31" W along the North line of said NW %
Section 21, 505.00 feet to the place of beginning of the lands to be described; thence S
OIo 25' 29" E, 300.00 feet: thence N 88O 34' 31" E, 99.14 feet: thence S 19" 27' 47" W,
120.54 feet: thence N 79" 09' lz" W, 517.39 feet to a point on the centerline of Racine
Avenue ( C. T H. "Y"); thence N 02O 12 21" E, along said centerline. 303.26 feet to a
point on the North line of said NW % Section 21, thence N 88O 34' 31" E along said North
line, 430.20 feet to the place of beginning. Excluding therefrom those lands previously
to dedicated right-of-way lines.
dedicated for public road purposes. Containing 120,074 square feet of land, more or less
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 6-1 without further action:
A. The construction of the development must begin on or before the 24'h day of August,
1999. For the purpose of this Ordinance, construction means the beginnings of
substantial excavation for foundation, footings, or base for new construction; and
6. New Markets, Inc. shall have closed on the purchase of the property described
herein on or before the 24'h day of February, 1999; and
C. The use of the 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, this senior citizen housing is defined as
follows: One building housing 24 independent living units for persons 55 years and
older; and
D. Approval of the City of Muskego of a conditional use which includes the use referred
to herein on or before the 24'h day of August, 1999; and
0
e
Ord. #968
E. New Markets, Inc. entering into a Developer's Agreement satisfactory to the City of
Muskego concerning the development of the property in question on or before the
24'h day of August, 1999 if deemed necessary by the Plan Commission andlor
Common Council.
.c
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 is 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 B-1 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 2!jTH DAY OF AUGUST ,1998,
CITY OF MUSKEG0 e David L. De Angelis, Mayor
ATEST First Reading: August 11, 1998
CHk-Treasurer Published on the 3rd day of v
8/98jmb
September, 1998.
.. , i
6
STATE OF WISCONSIN )
Milwaukee County 1
Offiolal Notice
) ss.
CONDITIONAL. REZONING AND DECLA. E-1 M €fEM@IP. New Market.. Inc.
RATION OF RESTRICTIONS
MUSKEGO. WAUKESHA. WISCONSIN DO
THE COMMON COUNCIL OF THE CITY OF
ORDAIN As FOLLOWS: SECTION1. The following deacribed property ie
hereby rezoned from E-1 10 RSWOlP if all of the
conditions stated in Section 2 of this Ordinance are
complied with on or bsfori&<ilstes indicated here. in. time king of the emtu~co:
MAP NO. 8376 and lands located in the NE U4 of
Being dl of Parcel .1 of CERTIFIED SURVEY
the NWU4 of Section 21. T 5N. R ZOE, in the City
of Muskgo. Waukeahe'County. Wiaconsin. bounded
and described as l?llows;' Commenemg at the
Northeast corner ofsaid NW U4 Section 21: thence
S 88' 34 31" W along the North line of said NW 114
Section 21. 505.00 feet to the place of beginning.of
the lends to be described; thence S 01' 25' 29 E.
300 00 feet: thence N 88' 34 31" E, 99 14 feet;
thence S 19' 27 47 W, 120.54 feet; thence N 79'09
12" W. 517.39 feet to a point 00 the centerline of
Racine Avenue ( C. T. X. "Y): thence N 02' 12' 21''
E. along said centerline, 303.26 feet to a point on
the North line of said NW U4 Section 21; thence N
88' 34' 31 " E slang said North line. 430.20 feet to
the place of beginning. Excludmg therefrom those
es. Containma 120.074 muare feet of land. more or
lands previously dedicated for public road purpos-
-
leas to dedicated right-&ay lines. SEUQIU Conditions Imposed: The following
conditions must be complied wth on or before the
ordinance is null and void and the property is zoned
date indicated, time being of the e~sencq.or this
E-1 wlthout further action:
begin on or before the 24th day ofAugust, 1999. For
A. The construction of the development .must
the purpose of this Ordmanee. constmetion means
the begmnings of subst.mtial excwation for foun-
dataon. footingaror bas.&&new construction; and
B. New Markets. Inf 'shall have closed on the
purchase of the property described'herein on or
before the 24th day of February, 1999. and
Senior Citizen housing as defined herem This con.
C. The use of the property is restricted to use as
dition shall mn with the land and be binding upon
my future owners of the lend which is the subject
matter of this Ordinance. For the purposes of this !
Ordinance and this mstmtim. this senior citizen
housing IS defined as follows: One bvilding housxng
24 independent living units for persons 55 years
and older: and
D. Approval of the City of Muskego of a condl-
tional use which includes the use referred to here-
in on or before the 24th day ofAugust. 1999, and E. New Markets, Inc. entering tnto a Developer's
Agreement satzrfactory to the.City of Muskego con.
cerningihe development afthe property inquestlon
on or before the.24th day ofAugust. 1999 ifdeemed
necessary by the Plan Commission andlor Common
_I"...... SECUQfU The several sections of fhla ordl.
portion thereofshall be declared by n decision ofa
nmce are declared LQ be severable If nnyseetlon Or
court ofcompetentlurisdiction tu be invalid, unlaw.
ful. or unenforceable. such declsion shall apply
10 the specfic seetion or portion thereof directly
specified m the deamon. and not affect the validity.
or 811 other provismns. sections. or portlon thereof
of the ordrnance which shall remam ~n full force
and effect. Any other ordinance whose terms are in
conflict with the prouisms or thm ordinance are
hereby repealed as to those terms that connic~l- SECW
effect from and after its passage and publ!cati&
N 4: This brdinanei. is in'full i&ee.md
and subject to all eonditrons stated above bemg Act
wirhm the time staled. tme being of the essence.
and thra Ordinance is null and wad and E-l zoning
~n effect with no further not~ee d any condition is
not complied with on the terms and conditions stat-
ed herein
i
~ ~~~~~~~
AUGUST, 1998.
PASSED AND APPROVED THlS 25TH DAY OF ,
I.. CITY OF MUSKEGO
..~, .: ,-D~vid L. De'hgelis. Mayor , ATTEST: ~-.
Suzanne Sobczyk being duly sworn, doth
depose and say that she is an authorized representative of The
MUSKEGO SUN,
a newspaper published at MUSKEGO,
Wisconsin and that an advertisement of which the annexed is a
true copy, taken from the said paper, was published therein on
......... ........ ...... ....
...... ........ ........
(Signed). . ,, . . s ........
EPER
Subscribed and day
of.. ........... ...... ......
N{"$Ublic, Mil
My Commis~on expires.. ..................
Clerk-Treasurer ..... - ......
PROPOSED AMENDMENT
ORDINANCE #968
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO
6-1 to RSMlOlP - New Markets, Inc.
COMMON COUNCIL - CITY OF MUSKEGO
CONDITIONAL REZONING AND DECLARATION OF RESTRICTIONS
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA, WISCONSIN
DO ORDAIN AS FOLLOWS:
SECTION 1. The following described property is hereby rezoned from B-1 to RSMlOlP
if 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:
Being all of Parcel 1 of CERTIFIED SURVEY MAP NO. 8376 and lands located in the NE
% of the NW % of Section 21, T 5N, R 20E, in the City of Muskego. Waukesha County,
Wisconsin, bounded and described as follows; Commencing at the Northeast comer of
said NW % Section 21, thence S 88" 34' 31" W along the North line of said NW %
Section 21, 505.00 feet to the place of beginning of the lands to be described; thence S
01" 25' 29" E, 300.00 feet; thence N 88" 34 31" E, 99.14 feet; thence S 19' 27' 47" W,
120.54 feet; thence N 79. 09 12" W, 517.39 feet to a point on the centerline of Racine
Avenue ( C. T H. "Y"); thence N 02" 12 21" E, along said centerline, 303.26 feet to a
point on the North line of said NW % Section 21; thence N 88O 34' 31" E along said North
line, 430.20 feet to the place of beginning. Excluding therefrom those lands previously
dedicated for public road purposes. Containing 120,074 square feet of land, more or less
to dedicated right-of-way lines.
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 B-1 without further action:
A,
El
C
D
The construction of the development must begin on or before the 24'h day of August,
1999. For the purpose of this Ordinance, construction means the beginnings of
substantial excavation for foundation, footings, or base for new construction; and
New Markets, Inc. shall have closed on the purchase of the property described
herein on or before the 24Ih day of February, 1999; and
The use of the 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, this senior citizen housing is defined as
follows: One building housing 24 independent living units for persons 55 years and
older; and
Approval of the City of Muskego of a conditional use which includes the use referred
to herein on or before the 24'h day of August, 1999; and
e E. New Markets, Inc. entering into a Developer's Agreement SatiSfaCtOW to the City Of
Muskego concerning the development of the property in question On Or before the
24Ih day of August, 1999 if deemed necessary by the Plan Commission andlor
Common Council.
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 is 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 B-1 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 , 1998
CITY OF MUSKEG0
David L. De Angelis, Mayor
ATTEST. First Reading: August 11, 1998
Clerk-Treasurer Published on the day of
8l98jmb
, 1998.
"..
COMMON COUNCIL - CITY OF MUSKEGO ~
-
e ORDINANCE #968
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO
B-1 to RSMlOlP - New Markets, Inc.
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA, WISCONSIN
DO ORDAIN AS FOLLOWS:
SECTION 1, The following described property is hereby rezoned from B-1 to RSMIOIP.
Being all of Parcel 1 of CERTIFIED SURVEY MAP NO. 8376 and lands located in the NE
% of the NW % of Section 21, T 5N, R 20E, in the City of Muskego. Waukesha County,
said NW % Section 21; thence S 88O 34' 31" W along the North line of said NW %
Wisconsin, bounded and described as follows; Commencing at the Northeast comer of
Section 21, 505.00 feet to the place of beginning of the lands to be described; thence S
0lo 25' 29" E, 300.00 feet; thence N 88O 34 31" E, 99.14 feet; thence S 19" 27' 47" W.
120.54 feet; thence N 79O 09' 12" W. 517.39 feet to a point on the centerline of Racine
Avenue (C. T H. 'Y); thence N 02O 12' 21" E, along said centerline, 303.26 feet to a
point on the North line of said NW % Section 21; thence N 88O 34' 31" E along said North
line, 430.20 feet to the place of beginning. Excluding therefrom those lands previously
to dedicated right-of-way lines.
dedicated for public road purposes. Containing 120,074 square feet of land, more or less
SECTION 2: The several sections of this ordinance are declared to be severable. If 0 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 3: This ordinance is in full force and effect from and after passage and
publication.
PASSED AND APPROVED THIS DAY OF , 1998.
CITY OF MUSKEGO
David L. De Angelis, Mayor
ATTEST. First Reading: August 11, 1998
~0 Clerk-Treasurer Published on the day of
, 1998.
8198jmb