CCR1987159COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #159-87
APPROVAL OF CERTIFIED SURVEY MAP
City-Owned Lots on Fairfield
WHEREAS, a certified survey map has been submitted to finalize
a two parcel division of the City-owned property on Fairfield
Dr. in the SW 114 of Section 12, and
WHEREAS, the Plan Commission has recommended approval, and
WHEREAS, Deed Restrictions on these lots have been recommended
for approval by the Plan Commission and the Finance Committee,
and
WHEREAS, the Finance Committee has recommended that the payment
of park dedication fees be waived.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Plan
Commission, does hereby approve the certified survey map to
finalize a two parcel division of the City-owned property on
Fairfield Drive in the SW 114 of Section 12, subject to
approval by the City Engineer.
BE IT FURTHER RESOLVED that the Deed Restrictions are hereby
approved, subject to approval by the City Attorney.
BE IT FURTHER RESOLVED that payment of the park dedication fees
by the City are hereby waived.
DATED THIS 2s DAY OF JULY , 1987.
a ATTEST :
CERTIFIED SURVEY MAP NO - _________
an OF MUSKEGO. WAUKESHA COUNTY. WSIXNSN.
PART OF THE NW 1/4 OF THE SW 1/4 OF SEC-12 T 5 N, R 20 E.
OR CIlY OF MUSKEG0
LOCATION MAP
m 1/4 Q LE. lEb20
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UNPLAllED LANDS "_"""
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FOR CITY-OWNED LOTS IN THE C!*! 1/4 SECTION 12
DECLARATION OF RESTRICTIONS AND COVENANTS
THIS DECLARATION, made this
1987, by the CITY OF MUSKEG0 (The "Declarant").
day of
WITNESSETH:
Muskego ("The City"), hereinafter legally described, which has WHEREAS, the Declarant owns the parcels in the City of
been recorded as one family residential lots, and Declarant
desires to subject these lots to the conditions, restrictions,
covenants, reservations and easements hereinafter set forth for
the benefit of the two lots and for the benefit .of the owners;
property hereinafter described shall be used, held, transferred,
covenants, reservations and easements hereinafter set forth,
sold and conveyed subject to the conditions, restrictions,
which shall insure to the benefit of and pass with said property
owner thereof.
and shall apply to and bind the successors in interest, and any
one person living, sleeping, cooking or eating on premises as a
residential development.
single housekeeping group. "Lot" shall mean a lot platted for
NOW, THEREFORE, Declarant hereby declares that the real
DEFINITION OF TERMS. "Family" shall mean one, or more than
ARTICLE I
estate described as follows:
The property subject to this neclaration shall be that real
Part of the Northwest 1/11 of the Southwest 1/4 of
Section 12, Town 5 North, Range 20 East, City of
Muskego, Waukesha County, Wisconsin, Lot 1 - W136 ST513
Fairfield Drive and Lot 2 - W136 ST525 Fairfield Drive
ARTICLE I1
Use of Lots and Similar Matters
assure that the lots and the adjacent property will become and
remain an attractive community; to insure the best use and the
most appropriate development and improvement of each building
site; to protect owners of building sites against such use of
surrounding building sites as will detract from the residential
value of their property, to guard against the erection thereon of
poorly designed or proportioned structures; to obtain harmonious
residential development of said property consistent with the
use of material and color schemes; to insure the highest and best
purposes for which it is platted; to encourage and secure the
2.1 The general purpose of this Declaration is to help
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erection of attractive residential structures thereon, with
haphazard and inharmonious improvement of building sites; and to
appropriate locations thereof on building sites; to prevent
secure and maintain a proper space relationship of structures and
lot lines.
2.2 No lot shall be used except for one family,
residential purposes.
2.21 Minimum flobr area requirements per unit shall be:
One story 1,600 sq. ft.
Tun story 1,100 sq. ft. on the first floor
Tri-Level 1,400 sq. ft. 1st floor and upper level
2.3 All structures shall be designed by a registered
architect, a professional engineer experienced in home design, or
e:ually qualified individual or firm.
2.4 No building on any lot shall be permitted to have a
roof of color other than black, white, grey, off-white, brown,
brown blend, or natural wood.
storage of not less than two (2) automobiles for each unit to be
built upon that lot, such provisions to consist of a properly
surfaced area, and not less than two (2) car or more than a threc
properly surfaced with cement or asphalt. The auto storage shall
(3) car garage, to be connected to the street by a driveway
be located within the building setback lines.
2.5 Provisions shall be made on each lot for the onsite
2.6 Where fill is necessary on a lot to obtain the
proper topography and finished ground elevation, it shall be
materials that will give off odors of any kind, and all dumping
ground fill free from waste material and shall not contain
of fill materials shall be leveled immediately after completion
of the building.
2.7 All electric and telephone lines shall be placed
underground.
2.8 The location of the proper course and method of
drainage swales to provide for all surface drainage on each lot
shall be approved by the City of Muskego.
any Unit, dwelling, or lot, and no activity which is or may
become a nuisance or which creates unusually loud sounds or
noises shall be suffered or permitted on any lot.
2.9 No noxious odors shall be permitted to escape from
2.10 No animals, livestock or poultry of any kind shall
be raised, bred or kept on any lot, except that dogs, cats or
other household pets may be kept; provided that they are not
kept, bred or maintained for any commercial purpose, or allowed
to annoy neighbors.
ground for rubbish. Trash, garbage or other waste shall not be
2.11 No lot shall be used or maintained as a dumping
kept except in sanitary containers. All incinerators or other
equipment for the storage or disposal of such material shall be
kpt in a clean and sanitary condition, and suitably screened from
view from streets.
than ten feet above the highest p,oint in the roofline or any
dwelling, no external television antennae or similar devices
shall be erected without the prior approval of the City of
Muskego.
2.12 Except for rooftop antennae which extend not more
2.13 All swimming pools constructed on individual lots
shall conform to the City Zoning Ordinance.
ARTICLE 111
Miscellaneous
3.1 This Declaration shall run with the land and shall
be binding upon all persons claiming under the Declarant for a
period Of twenty-five (25) years from the date this Declaration
is recorded.
3.2 This Declaration may be amended at any time and in
any respect by the recording of an instrument executed by the
lots.
Declarant (The City of Muskego), and the owner of one of the two
3.3 Invalidation of any one or more of these covenants
by judgement or court order shall in no way affect any of the
remain in full force and effect.
other provisions, which other provisions shall nevertheless
IN WITNESS WHEREOF, the Declarant has executed this
instrument on the date first above written.
WITNESSES :
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CITY OF MUSKEG0
Wayne G. Salentine, Mayor
Charlotte L. Stewart, Clerk
STATE OF WISCONSIN)
WAUKESHA COUNTY )
) 9s.
1987 the above names. Wavne G. Salentine and CharlottevFJart
Personally came before me this day of
to me known to be the persons who executed the foregoing
instrument and uho acknowledged that they executed the same as
their own free act and deed and Mayor and Clerk of the City of ' Muskego. t
Notary Public, Waukesha Co., WI
My Commission expires