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ORD1999977AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #977 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO RS-2 to 1-1 (Santi) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WTSCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: The following described property is hereby rezoned from RS-2 to 1-1 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 part of the NW !4 and SW !4 of the SE 5 of Section 17, T5N, WOE, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: From the NW comer of the SE !4 of Section 17, T5N, WOE proceed N 88 19 54 E 1351.14 feet along the north line of the SE !4 of Section 17, TSN, WOE, then S 0 58 30 E 944.99 feet, then N 88 19 54 E 280 feet to the point of beginning of the subject lands. Then proceed S 0 58 30 E 630.36 feet to a point in the centerline of a stream, then N 82 39 22 W 239.03 feet along said centerline to, then N 0 58 30 W 595.12 feet, then N 88 19 54 E 222.58 feet to the point of beginning; said lands containing 3.131 acres. SECTION 2: Conditions Imuosed: 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-2 without further action: A. The petitioner recording all land use restrictions affecting the Muskego Industrial Park so as to be covenants running with the land as to this land in a form acceptance to the City on or before the 3 1" day of March, 1999; and B. The petitioner causing to be recorded restrictions on the use of this land in a form satisfactory to the City on or before the 3 I" day of March, 1999 so as to be covenants running with the land that prohibit the land from being used as transportation terminals including trucking, lumber and building supply yards, and adult establishments along with all B-3 uses. 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 bein2 of the essence, and this ordinance is null and void and RS-2 zoning is in effect with no further notice'if any condition is not complied with on the terms and conditions stated herein. S PASSED AND APPROVED THIS 26th DAY OF Januarv , 1999. CITY OF MUSKEGO / David E.-De Angelis, Mayor ATTEST. First Reading: January 12, 1999 Published on the 4th day of February, 1999 12/98jmb i STATE OF WISCONSIN ) Milwaukee County 1 r ) ss. - OfficialAotice OF THE CITY OF MUSKEGO RS-2 to 1.1 (Saoti) MUSKEGO. WISCONSIN, DO ORDAIN AS FOL- THE COMMON COUNCIL OF THE CITY OF LOWS: hereby rezoned from RS-2 to 1-1 if all of the condi- SECTION 1: The following described property is tions stated in Sectlon 2 of this ordinance are eom- plied with on or before the dates indicated herein, tme being of the essence: Bemg part ofthe NW 114 and SW 114 of the SE Muskego. Waukesha County, Wisronnn. bounded 114 of Section 17. TSN, RZOE, in the City of and deieribed as follows: From the NW corner of the SE U4 of Section 17. T5N. R20E proceed N 88 19 54 E 1351.14 feet along the north lme of the SE 114 of Section 17~ TSN WOE, then S 0 58 30 E 944 99 feet. then N 88 19 54 E 280 feet to the paint of beginning of the subject point in the centerline of a stream, then N 82 39 22 lands. Then proceed S 0 58 30 E 630.36 feet to a W 239.03 feet along said centerline to, then N 0 58 30 W 595.12 feet, then N 88 19 54 E 222.58 feet to the point ofbeginning; said lands conlaimng 3,131 SECTION 2: Conditions Imposed. The following conditions must be complied with on or before the indicated. time being of the essence, or this ~.~-2 without further action lanee is null and void and the property is zoned tions affecting the Muskego Industrial Park 50 as to A. The petitioner recording all land use restric- wenants running with the land as to thrs land form acceptance to the Clly on or before the E. The petitioner causing to be recorded restric. .b day of March. 1999 and tions on the use of this land in a form satisfactory to the City on or before the 31et day of March. 1999 so as to be covenants running with the land that pmhibit the land from being used as transportation terminals including trucking. lumber and building supply yards. and adult establishments along with all B-3 uses. nance are declared to be severable. If any section or SECTION 3: The several sections of this ardi. partion thereof shall be declared by a decision of a eourtafurmpetentjunsdiction to be kvalid, unlaw. ful. or unenforceable, such derision shall apply only to the specific section (IT portion thereof directly specified in the decision. and not affect the validity bf all other provisions, sections, or portion thereor 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 e(lec1 from and after its passage and publication and subject to all conditions stated above being met within the time slated, time being of the essence. is in effect with no further notice if any condillon is and this ordinance is null and void and Rs-2 zoning not complied with on the terms and conditions stat- oII hsrsin ~ ~~~ . ~~~. acres. d " . . -. - -. . PASSED AND APPROVED THIS 26th DAY OF Januarv 1999. 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 .. ............ ..... ... !rLibum%,. q.. .......... ... .............................. (Signed). ......... m..., s ........ EPER this. .Y. .h of ........... ....... ......... ........ ............ .................. ClTY OF MUSKEGO Dnui*i:'.. De Angelis, Mayor ATTEST- Clerk-'Tkasurer COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #977 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO RS-2 to 1-1 (Santi) ,7 i' 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 1-1, /' Being part of the NW % and SW % ofthe SE %.Of Section 17, T5N, MOE, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: From the NW corner of the SE % of Section 17, T5N, R20E proceed N 88 19 54 E 1351.14 feet along the north line oftheSE Yi of Section 17, T5N, EOE, then S 0 58 30 E 944.99 feet, then N 88 19 54 E 28Yfeet to the point of beginning of the subject lands. Then proceed S 0 58 30 E 630.36 feet to a point in the centerline of a stream, then N 82 39 22 W 239.03 feet along said cekterline to, then N 0 58 30 W 595.12 feet, then N 88 19 54 E 222.58 feet to the point of geginning; said lands containing 3.131 acres. / SECTION 2: 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 3: This ordinance is in full force and effect from and after passage and publication. / PASSED AND APPROVED THIS DAY OF , 1999 / CITY OF MUSKEG0 David L. De Angelis, Mayor ATTEST. First Reading: Clerk-Treasurer Published on the day of 12/98jmb , 1999