CCR1994093AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #93-94
RESOLUTION AS TO OFFER TO PURCHASE
MUSKEG0 BUSINESS/INDUSTRIAL PARK
(Lester)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the City's broker and the Finance
Committee, does hereby approve the attached Offer to Purchase, as
amended, from Len H. Lester and/or assigns for a 2+ acre parcel
in the City's Business/Industrial Park (Exhibit A) for a price of
$29,500 per acre to be accepted on or before April 29, 1994.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to sign the necessary documents in the name of the City if
approved by the City Attorney.
directed to prepare the appropriate Certified Survey Map.
BE IT FURTHER RESOLVED that the City Engineers are hereby
I
bo DATED THIS 26TH DAY OF APRIL , 1994.
SPONSORED BY:
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of
Resolution #93-94 which was adopted by the Common Council of the
City of Muskego.
4/94 jmb
I
04/19/94 08 59 F.\X 414 i9i 8940
TYE POLACHECK COMPANY. Ih'c
!IOOVES LeS.AGE ka002/002
~"-l
April 12, 1994
Mr. John Henderson
MLG
16620 West Bluemound Road
Suite 500
Brookfield, Wisconsin 53005-5956
Re: Offer to Purchase Dated *2 Acres of Vacant Land in the
Muskego Industrial Park
Dear John:
from buyer to seller that Line 65 of the Offer to
and the acceptance date is changed from April
Both parties hereby agree to the hnendment and acknowledge in the space provided below.
Paul D. Povlick
PDP/dw
Agreed and accepted this - day of , 1994.
BUYER SELLER:
CITY OF MUSFXGO
By: By:
II. Ill
....................... .....
I I ' ".:! .. ...................... .......... .
............
.................. .............. ...................
84/12/94 10:20 8 414 757 0940 IIUUNEV LeSFlGE 03
,1!l By;. ..................... ................... Davd L. DeAngeht Mayor
49 OfFur is rcjuctcd iSollor inilial.) ..... ................. ... Scllcr'w Sociul Securlty Nrr.
By:. ................... .................... ,Jek K. Maren&; City Clerk IScller)
,
04/12/94 10:21 8 414 797 8940 MOOtiEV LeSFIBE 84 i
b
RIDER TO OFF^ TO PURCHASE
'?IC tollowing tertns ant1 cunditions arc madc a pari of the Offer tu Purchase
atlachcd as ii fully incorporatcd tlwrcin and datcd April 8, 1994, by and hetwcen thc city
ol Muskcgo, ;IS Scllcr, and Lcn 1% I.cslcr and/or Assigns, as Buyer.
I. CON'lINGEP(C1ES:
A. Envlronmentd AuditlSnil 'n iti n.. Promptly after accept;lnce of
this Ol'fcr, Seller shall + provide#to Buycr all such inlornution as Scller
may posscss rcgarding uscsl of the Property by Seller and its
predecessors in title, the sour cs and nalurc ol' ally landfill ur uthm
materials which at aqy time hq k e been placcd upon thc Property, and
ihe results of any siil boring tcsts or cnvironmcntnl investigation
conductcd hy or for Seller,
13uycr. ;11 its solc cxpcnsc. ma conduct on-site cnvironmclltal/soil
rnlltlition i~~spcc.tii~n a~~d I.CS s OII IIIC I'rupcrty 21s Iluycr ~ICCIIIS
appropriale, thc rcsults of suc 1 illspcctions and icsts to IIC acccptablc
to Buyer, at Buyer's sole and1 absolutc discrction. It' Ruycr nolifies
Scllcr in writing of Buycr's! detcrrninatiun that sad rcsults are
unacccptal~lc to Buycr or of tli. existcncc of cnvironmenta~ violations,
hazards, unsuitable soils for l3 yer's intcndcd dcvclopmcnt or similar
conditions on thc Propcriy, B ! yer at its option by such written notice
may tcrminatc thc contract arising from acceptance of this Offer
B. m. Scller, at Seller's expepse, within 30 days of acccl~lar~cc 01' I,his
Wi'cr, to providc Ccrtificd Suhrcy Map showing suhjcci ~mperiy as a
scpaI:~tc lx~rccl, intlic~~ing all icascnlcnts and showing Iwlh 100 ycar
I'loodpl;lin houndaric!; and twk) (2) I'cct abovc 100 ycar iloodplain
boundaries. Buyer shall llavc 10 days from receipt of said Survcy map
to dctcnnine, at Bulycr's sol discrction, thc suitability of sul~jcct
pruperty fur Buyer's i~~tcndcd J' sc. II Buyer does not accept, in writing,
said survcy within this tcn (10)Iday period, this Offcr is Null and Void
and any earnest mont:y shall bb returned forthwith.
C.. -. Buyer is rcqxmsible,fvr up to the first $'l,OOO.OO 01: cost 1.0
install a 30' ddvcway culvcrt for access to the property 'This
agrccment sulvivcs tllc closing,
I). A~I~)v:II ol' Ouern(lo~. 'l'I~is"lcr is subjcct to apprt~val by rhc.(:ily
01 Muskcgo of' thc prcposcd us@ for Uuycfs conrpany including, subjcct
10 n~ccling all 111unicipa1 codcs and zoning rcquirclncnts on subjcct
prclpcrty.
L. APwovnl of UuildincPluns. 'I'his Offer is suhjcct to Huycr receiving
t~ll ncccssary approval;$ needed for thc constructi~n of Buyer's intcnded
inlprovements.
I :, Ulilitv Ixwalion.. This Offer jsisuhjcct IO Ruycr's confirmation that all
utilities including, but not limitttd to, clcctric, gas, water, sanitary scwer,
mtrl tclcphonc BYC available for IISC with subject propcriy wilh
cx~c~~si(lns and lalcrals at :I normal cxpcnsc For similar projects.
C;. 'I'imh. Uuycr must wilivc orisatisiy, in writing, Continl~cncics A. 12
aLd E wil.hin ninety (YO) days fiom acccptancc on this Offer is null ;tnd
void and all carncsl money shall bc returned forthwith.
14. Closlng. Closing sllall bc nu Mer than July 29, 1994.
I
II. SPECIAL IMPROVEMEN'I'S:
A. TIC I>urchasc pricc rincludcs hc following~t~iprovctncn~s: Sanitary
sewer arc at lot linc and lull/ paid anyable for use hy Buycr.
h~ycr will conncct to scwcr and watcr at uycr's cxpcnsc. Elcctric and
tclcphonc scrvice is available ilung lot lji~c. Natural gas is available in
;~dj~~ccnt drivc.
B. If said streets arc mot pcrniancntly surfaced at the time of the
completion of this transaction, aid streets whcn pcrmancntly improved
respect to the permarlent imprhvcmcnts of the streets sl~all be asscsscd
against thc properly herein dkscribed, and thc Ruycr, his heirs and
assigns, shall have no further 4bligation with rcspcct Ilcrcto.
- - slull bc at the expcr~sc of 111 City and no~spccial asscss~nents with 6
111. IHS AGREED TQ BGL'WI:EN BU~ER AND SELLER:
A. '1'1~ provisions of I'a1,agraphs I3 iInd 14 01 thc Rulcs and 1icgul;ltions
i~)r IIIC Milskcgo Ir~dustrial 1'41-k as originally adoptcd hy lhc City of
Muskcgo Industrial Park as ol-/ginally adoptcd hy thc City of Muskcgo
by liesolution #I4570 on Julj 28, lY70, and Curtbcr cxtcndcd to cover
Muskcgo Industrial Park Iddition #1 on May 27, 1.986, are
itrcorpordtcd hkrein hy rckr 3 ncc as if fully set forr:h hcrcin. Said
provisions providcd in effect that in the cvcnt the Buyer should dcsirc
to resell a portion of thc p cmises which arc thc sul+ct of this
C1rnl.ract and which are not F, cing uscd in connection with Buycr's
busincss, that IIC nlu>;t first of$r the 6ilmc to thc City for rcpurchasc.
'I'hc City sl~ll 1.hcn l~avc nincty (90) days to XI, upon said Offer.
1% 'I'l~csc provisions shdl constitdtc covcnimts running with the land id
~II~~II IJc llin(lillg up111 t11c s~~c(/cssors arid assigns (11' IIIC p;u'tic:s I~crc~o
and tnay hc included in the #eed which Scller delivers to Buycr in
completion of this rwnsactidn. Buyer acknowlcdgcs that he 1x1s
rcccivcd B copy of the full text ol Rulcs and Regulations of the
Muskcgo Industrial park and 'that he has read and fully understands
san1c.
C. The warranty and rcprcscntafion made herein survivc thc closing of
this transaction.
IIIIYER: SELLER: CITY OF MllSKEGO
13y: Cmmtcrsigncd:
Dalc: Date:
c
RULES ANI) REGUPATIONS FOR MUSKEGO
BUSlNES.S/I~DUSTR~AL PARK
(AS AMENDED)
WHEREAS, the underaigned ie undertaking and intends to subdivide Certain
lands for use aa an industrid subdivision to be known ae Muskego Business/
Industrial Park. -
NOW TIIEREFORE, in consi,deration of the aforeeaid and for the purpose
of preserving the value of the lots cbntsined within the subdivision as well
as all lands located in the general vicinity of the subdivision, the under-
sidned hereby declaree and provides that all subdivision of the lands above
described shall be subject to the following restrictions, covenants and
conditions, to-wit:
- ~. ~ -
1. No building, or ,any imp;rovement, shall be erected, placed or
altered on any building site i:n the subdivisions until the plana for such
building or improvement, including qlte plan, landscape plan, building plan,
and BpeCificatiOnS have been approved by the planning commission of the
City of Muekego. Said commission ehall approve or disapprove such plans
with reepect to conformity with -- these restrictione and other applicable
cnactments of the city, and with reepect to harmony of external design and
land use as it affects property within and adjacent to the subdivision.
Failure of the aforeeaid comrniesion #or committee to act upor1 SUCII building
or inrl>rovctncnt plans within nixty (6b) days after submission to the Muskego
City Clerk slrall constitute an approval of such plans,
2. No part or portion of any building shall be erected, constructed,
or extended nearer than fifty (50) feet from the front line of any parcel in said
subdivision. Employee parking of automobiles shall be prohibited at all times
within fifty (50) feet of the front street line of any parcel in said subdivieion.
Visitor or customer parking may be $].lowed within the fifty (50) foot setback
when approved by the Planninl; Com~ssion but not closer than ten feet from
the front street line, ‘The fifty (50) fdot setback shall be entirely graded and
sodded or seeded between side lot linas and from the road shoulder to the
Such uCRR as may be required for drlvewaye, vieitor parking, or walks.
building face in a manner that will produce an acceptable lawn, excepting only
All drivcwsys shall be surfaced with hot-mixed asphalt concrete or Portland
cernent concrete from the city street aurface to the front building face. All
walks shall be of Portland cement concrete.
All such landucaping. drive, and walks ehall be completed at the time of
construction of the building, if weather conditions permit.
3. No part or portion of any building shall be erected, constructed,
or extended nearer than ten (10) feet to any interior side lot line, the combined
total of sideynrds for any interior parcel shall not be lees than thirty (30) feet.
Sideyards on thc street eide of corner lots shall be thirty-seven and one-half
(37- 1/21 feet. and the use of sv,ch area shall be in accordance with the pro-
visions of Paragraph 2 of these restrictions except that employee parking shall
be permitted in this area. The parking or storage of company owned trucks,
products or equipment ehall be prohibited in this area.
I
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No part or portion of any bu,ilding shall be erected, constructed, or extended
nearer than twenty-five (25) feet to any rear lot line.
4. No building or ,structude of any type ehall be erected, pLaced,
or altered on any lot which will occupy more than forty-five percent (45%)
of the total area of aaid lot.
5, AI1 grass, trees. and dhrubbery'must be kept watered in dry
wsather and in good appearance at 311 timea. All graae must be cut whenever
necessary. If graas is not cut, the.City of Muskego may Berve notice and if
not complied with in two (2) daya, the City may cut aame and add thie cost to
thc lot owner's real es.tate tilx bill.
6, The front of all buildin$a, and the side or rear of all buildings
when facing a street (includhg side etreete on corner lots) shall be faced
with decorative masonry or 'other material approved by the Planning Com-
mission or Architectural Control Cdmmittee and said facing shall extend a
minimum of twenty (20) feet on each aide of all buildings or to a natural
dividing point approved by ea.id Commission or Committee, The front of a
building that is set back two hundred (200) feet or more may be partially faced
with cuncreke block, subject to apprpval of said Commission or Committee.
On corner lot$, if the side oithe building, other than the front, is aet back
two hundred (ZOO) feet or mo:re from the side lot line, than the facing may be
of any material ae approved Ihy the Oommieaion and is consistent with other
provieions herein. For the purpose of this restriction, standard, lightweight
01' cinder concreto block are not considered decorative masonry.
Elxcept as otherwise provided herein, the sides and rear of all
buildings shall be of any matcrial approved by the Commiesion or Committee.
Where concrete block masonry iB used it shall be painted two (2)
coats of paint and shall be of decoratlve pattern block or other decorative
Ircatnlent of plain block approved by the Commission or Committee.
All iaces of all buildings must be kept in good repair and appearance
at 3.11 times.
7. No building shall be so similar to or BO at variance with its
naighboriny buildings as to co.nstitute a depreciation to the immediate
ncighborhood.
8. One (1) parking stall of not less than one hundred eighty (180)
square feet, excluding drives and approaches, shall be provided on each
property for every thousand square feet of building area or for every two (2)
employees, whichever amount conetitutes the greater number of stalls.
Parlcing stalla shall be added on each property aB required to accommodate
a11 employces. Variances may be grdnted by the Planning Commiaaion for
warehouae or similar uses upon proof: that aueh parking restrictione are not
realistic. City streets will not be deslgned by the City to provide parking.
9. All material or products btored outaide buildings must be
behind the building setback lint! from the street and must be screened from
view from the street with solid fencind or screening approved by the
Planning Commiseion. All traah mUEC be enclosed by a fence of solid
material such as will provide a. suitable visual screen. Minimum height
- 3-
of such fence ehall be six feet. -Fence muet be kept painted or have euch
other finish as i8 generally accepted for good appearance. Wire fence is
not acceptable for thie purpoee.
IO. No operation, rnanufbcture, or building uee in said subdivision
shall produce or effect noiE:e, vibration, dust gas, smoke, toxic matter, or
odors to an extent greater than the following maximum allowable levels:
A. Noise - Sound levels dhall be meaeured with a sound level
meter and associated octav,: band filter manufactured according to standards
prescribed by the Americar; Standard6 Aeeoclation. Measurements ehall be
made using the flat network of the sound level meter. Impulsive type noiees
shall be subject to the performance standard0 heretnafter prescribed providing
that'euch noieee shall be capable of being accurately meanured with euch
equipment. Noisee capable of being eo measured for the purpose of theae
restrictions shall be thoee noisen which cause rapid fluctuatione of the needle
of the sound level meter wit.h a variationof no more than plus or minus two
dcchb. Noisee incapable of being BO measured, such ae thoee of an
irregular and intermittent nature, shall be controlled 80 as not to become a
nuisance to adjacent umea.
At 110 poitlt on the boundary of any individual parcel or the boundary of the
subdivision shall the sound intengity level of any individual operation or plant
(other than the operation of motor vehicles or other transportation facilities)
exceed the decibel levels in i:he designated octave bands shown in the
following table:
MAXIMUM PERMITTED SOUNDED LEVEL
per Second)
0 to 75
75 to 150
150 to 300
300 to 600
600 to 1200
1200 lo 2400
1
I 2400 to 4800
above 4,800
(Decibels)
Along Parcel. Along Subdivision
Boundaries Boundariee
12
67
59
52
46
40
34
32
79
74
66
59
53
47
41
39
U. Vibrution - No iniuatrial operation or activity (except those
no1 wder the dircct cotltrol of the manufacturer), shall cause at any time
ground transmitted vibrations in exceee of the limits eat forth below. Vibra-
tion (the periodic displacement, meaepred in inches, of earth) ehall be
meaeured at any point along the exterior boundary of the eubdivision with a
three cotnponcnt meaeuring insltrument approved by the Common Council,
and shall be expressed ae dispil.acement in inches.
e Frequency Maximum Permitted Ditrplacement
0 to 10 .0008
(Cycles per second) along Subdlvision Boundariee (in inchee)
20 to 30
10 lo 20
30 to 40 40 and over
.0005
,0002 ,0002
,000 1
B
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C. Smoke and Particulate Matter - the emissiokl of smoke or
particulate matter in such manner or quantity ae to endanger or to be
detrimental. to the public health, safety, comfort, or welfare fa hereby
declared to be a public nuiea.nce, and shall henceforth be unlawful.
For tha purpoee of grading t'he density of smoke, the Ringelmann Chart,
published and used by the Un,ited States Bureau of Minee, shall be
employed. The emission of emoke or particulate matter of a density
greater than No. 2 on the Ringelmaqn Chart ie prohibited at all times ex-
cept as otherwiee provided hereinafter.
The emiesion from all sources, within any lot area, of particulate matter
containing more than ten percant by weight or particlee having a particle
diametcr larger than 44 microns is prohibited.
Dust and other types of air pollufion, borne by the wind from @uch Bources
de storagc areae, yards, roa.ds, and the like within lot boundaries shall be
kcpt to Q ~ninirnu~n by appropriate lapdscaphg, paving, oiling, fencing, or
acceptable means. Emirreion. of particulate matter from such eources, in
excess of the weight limitation hereinafter specified, ie prohibited.
a. Smoke-Light Mmufacturing District - The emission of more
than a ten smoke units per hour per etack ie prohibited, including smoke of
a density in excess of Ringelmann Ne, 2. However, once during any six-
hour'period, each stack may emit uptto 20 smoke unite when blowing soot
or cleatring fires. Only during fireclaaning period however, shall smoke
of Ringelmann No. 3 be permitted, and then for not more than four minutes.
'The rate. of emission of partidate matter from all aourcea within the
Imundarios of any lot sllall not, exceed a not figure of one pound per acre of
lot area during any one hour, after deducting from the gross hourly emission
per acre the correction factor set forbh in the following table:
Allowance fbr Height of Emission*
Height of Emiesion
Above Grade (Feet)
50
100
I50
200
300
400 -
Correction (Pounds
Per Hour Per Acre)
0.01
0. 06
0.10
0. 16
0. 30
0. 50
+Interpolate for intermediate values nbt shown in table. Determination of
the total net rate of emission of particulate matter within the boundaries of
any lot shall be made as follows:
1. Determine the maximum emiseion in pounde per hour from each
source of emission and divide this figure by the number of acres of lot area - ' t.hcreby obtaining tho groee hourly rate of emission in pounds per acre.
2. From each groes hourly rate of emiesion derived in (11, above,
deduct the correction factor (Interpolattng as required) for height of emission
set forth in the table, thereby obtaining the net rate of emission in pounds per
acre per hour from each sourco of emiasion. I
-5-
3. Add together the indi@idual net rates of emission derived in
(Z), above, to obtain the total net rate of emiseion from all eourcee of
emieeion within the boundaries of the lot. Such total ehall not exceed
three pounds per acre of lot area dyring any one hour.
b. Smoke - Heavy Manuf/cturing.District - The emission of
.- more than 1S-smoke unit8 p)?r hour iper etack is prohibited, including
smoke of n deneity In excefla of Rilbgelmann No. 2. However, once during
any three-hour period, each atack may emit up to 30 smoke unite, for
blowing Boot, and tor cleaning firee. During fire-clea n ing periode ody,
a emoke of a deneity of Ringelmann.No. 3 ehall be permitted, and then
for not more than four minutes per period.
The rate of ernieaion of perticdate matter from all aource~ within the
boundaries of any lot ehall not exceed a nat figure of three pounds per
acre of lot area during any one hour, after deducting from the gross hourly
cmiesion per acre the correction factor 6& forth in the following table:
Allowance ,for Height of Emission*
Hoight of Emission
Above Grade (Feet)
50
100
150
200
300
400
Correction (Pounda
Per Hour Pet Acre)
0
0. 5
0. B
1. 2
2.0
4. 0
lKInterpolate for intermediate values not shown in table.
Determination of the total ne15 rate of emiasion of particulate matter e within the boundaries of any :Lot ehall be made as iollowa:
1. Determine the maxfmh emiseion in pounds per hour from
oath 8ource of emission and divide this figure by the number of acres of
lot area - thereby obtaining the groee hourly rate of emiesion in pounde
per acre,
2. From each grosa hourly rate of emieaion derived in (1) 1,
above, deduct tho correction factor (interpolating ae required) for height
of emiesion eet forth in the tirble, thereby obtaining the net rate of emission
in pounds per acre per hour from each eource of emiesion.
3, Add togethor the individual net ratee of emission derived in
(2) above, to obtain the total net rate of emission from all sources of
emission within the b0undarie.s of the' lot. Such total ehall not exced three
pounds per acre of lot asea during any one hour.
D. Toxic Matter - 140 use ahall, for any period of time, discharge
across the boundariea of the parcel Hiherein it is located, toxic matter in
such concentrations as to be detrimental to, or endanger the public health,
safety, comfort, or welfare, or cause injury or damage to property or
businese.
-6 -
E. Noxious and Odorous batter - No activity or operation shall
cause, at any time, the dis'charge Of matter across the lot linea in
such concentrations a6 to bla noxioye. The emission of odorous matter
in such quantities as to be readily detectable without the use of instruments
at any point along lot linee is prohibitad.
11. No activities involvin$ the storage, utilization or manufacture
of materials or product6 wh.ich decompose by detonation shall be permitted
in said aubdiviaion.
12. No rubbish may be buinad on the premises except in an
incinerator especially constructed and deeigned for this operation. Ap-
plicablc restrictions of parqraph 10 of these restrictions apply to rubbish
burning.
13. The acceptancn of the ,City of an Offer to Purchase land within
the Business/Induetrial Park is subject to the understanding that construction
of the proposed bueinese will begin within 12 months of the conveyance of
property by the City to the Furchaaar. The initial construction proposed
in each purchase shall be a :minimum of 2500 equare feet of building per acre
purchased.
In the event any purchaser of land from the City of Muekego elects to sell
any portion thereof which is not being ueed in connection with the business
or industry of purchaser, or which purchaser desires to eel1 separate and
distinct from any Bale of the business or industry being conducted by pur-
chaser the same ehall first be offered for sale, in writing, to the City of
Muekego at the price per acre paid for such land by purchaser, together
with cost of any improvements theraon paid for by purchaser and any
ypecial aasessments paid by purchaler relating to such lands, with interest
at the rate of six per cent (6'70) per annum from date of payment of the
purchasc price of said land6 by purshaaer, from the date of payment of
any cost for improvements on said lpnds by purchaser and from the date
of yaytnenl oi any special as~essments by purchaser relating to euch lande,
to date of repurchase by the City.
'The city shall have 90 days from date of receipt of such offer to accept or
reject the aame, unlese an extension of time may be mutually agreed upon
and Bat forth in writing. Acceptance or rejection of euch offer shall be
indicated by resolution adoptt3d by the Common Council of the City of Muskego,
111 lllc event of acceptance of such ofder by the City, conveyance shall be
by warranty deed free and char of all liens or encumbrances created by
act or default of purchaser.
If the City of Muskego fails to act on euch offer of sale within 90 days from
receipt thereof aa aforesaid or rejects eaid offer, purchaeer may then sell
said lands to any person, form or corporation and the City shall have no
further interest therein, except that any we of said lande by any sub.sequent
purchaser shall be subject to applicable zoning, ordinance&, restrictions
and regulations of the City relating to the uBe of aaid premises at the time
of euch sale.
-7-
Nothing contained in paragra,ph 13 of these reetrictione shall be deemed
to give the City of Muskego a, right of firet refueal in the event that
a purchaser of land who haa lmproved the same in accordance with the
purpose and the original sale shall propoee to sell. all of auch land as
one parcel together with the lmprovqments thereon, it being intended
that the provisions of paragr,aph 13 Gf theae reetrictione shall apply only
.to the rea,ale of vacant land.
Paragraph 13 of these restriction8 rhay be modified by a majority vote
of the Common Council of thc City o$ Muskego without requiring the
approval or action of property owneats within the aubdivieione as set
forth in paragraphs 14 and l!; of these reatrictione.
14. Each lot ahall be conveyed subject to the within restrictions
and covenants, all of which are to run with the land and shall ba binding
on all parties and all personu claiming them for a period of ten years
from the date thie Declaration of Rebtrictione ia recorded, after which
time said covenants and restrictions shall be automatically extended
for succeseivo periods of ten years each, unless an instrument signed by
a majority of the then ownero of the lots in said eubdivieion, together
with the approval thereof by ;ha GQqmon Council of the City of Muekego
has been recorded, agreeing to change, modify, or amend said covenants
in whole or in part.
111 determining a majority of property owners one vole shall be counted
for each owner owning three acre0 of land or lees, and one additional
vote for each full three acrerl, with & maximum of ten (10) votes for any
vnc property owner. The un~sold lands retained by the City shall not be
includod in such voting.
The terms and proviaions of paragrqph 14 of these restriction6 are
subject to the tsrme and provisions of paragraph 13 of these restrictions.
15. The within covenants amd reetrictions, except the provisions
of paragraph 13 of these reetrlctioni, may be modified and amended only
upon the recording of an instrument io eaid effect duly signed by a
majority of the then owners clf the lots in said eubdivisions with the
approval thereof by the Common Council 88 evidenced by a reeolution
duly adopted by at leaat a three-fourth's favorable vote of all members
of the Common Council.
The majority of the property owners shall be determined as set forth in
paragraph 14 of theae restr1c:tions.
16. The enforcerneck of the reetrictione and covenants contained
in this Declaration of Restric:tions, !hall be by proceedings at law or
in equity against any psreon or persons violating or attempting to violate
any covenants, either to restrain violations or to recover damages. Such
proceedings may be commenced by any owner or ownere of lote in said
subdivision os the City of Muskego.
-8-
17. Invalidation of my one bf these covenante or reetrictione
contained within this Declaration of Reetrictions, by judgment or court
order, shall in no way affect any of the other provieione hereof which
shall remain in full force and effect.
IN WITNESS WHEREOF, thk said City of Muskego hae caueed
these preeents to be eigned by Jeronbe J. Gottfried, its mayor and Bette
J. Bowyer, its clerk, and its! corpoiate eeal to be hereunto afflxed this
day of
CITY OF MUSKEG0
fjerome J,,.hottfrled, vayor
/
ATTEST!