CCR1995019COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #19-95
APPROVAL OF CORRECTION AFFIDAVIT TO
CORRECT THE FINAL PLAT FOR
W199 58588 BENDINGBRAE DRIVE IN THE PLUM CREEK
SUBDIVISION TO INCREASE BY APPROXIMATELY
16 FEET THE DRIVEWAY ACCESS RESTRICTION
FOR SUCH PROPERTY
WHEREAS, a request was submitted on December 9, 1994 by the owner
of property located at W199 S8588 Bendingbrae Drive in the Plum
Creek Subdivision to allow an encroachment of approximately 16
feet by the existing concrete driveway on that property with
respect to the driveway access indicated on the final plat for
such property, which plat restricts driveway access to the
easterly 40 feet of the northern boundary of the property; and
WHEREAS, on December 20, 1994, the Plan Commission of the City of
Muskego approved Resolution No. P.C.232-94, approving such
driveway encroachment; and
WHEREAS, the owner of said property and the City of Muskego now
desire to correct the final plat for Plum Creek Subdivision
insofar as it relates to said property by changing the driveway
access restriction to provide that a driveway may be located
within the eastern-most 56 feet of the northern boundary of the
property; and
WHEREAS, S236.295, Wis. Stats., requires that an affidavit
governing body of the municipality in which the Subdivision is
located.
NOW, THEREFORE, BE IT RESOLVED that the Correction Affidavit, a
copy of which is attached hereto and incorporated in this
Resolution, is hereby approved and shall be submitted for
recording to the Register of Deeds of Waukesha County.
correcting a plat shall be approved prior to recording by the
DATED THIS 24TH DAY OF JANUARY , 1995.
SPONSORED BY:
Ald. David Taube
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #19-95 which was adopted by the Common Council of the
C0:RRECTION AFFIDAvI1:
STATE OF WISCONSIN )
WAUKESHA COUNTY )
) s,s.
RANDOLPH L. RAFALSKT, being first duly sworn on oath, deposes and says:
1. I am a land surveyor licensed as such by the State of Wisconsin, and I make
this Affidavit pursuant to 5 236.295, Wis. Stats., to correct the final plat for Plum Creek
Subdvision as it relates to Lot 2: therein, with street address W199 S8588 Bendingbrae
Drive, Muskego, Waukesha County, Wisconsin ("Lot 2").
2. The legal description of Lot 2 is as follows:
Lot 2 in Plum Creek, being a Subdivision of part of the N.E
114 and S.E. 114 of the S.W. 1/4 of Section 17, Township 5
North, Range 20 Elast, City of Muskego, Waukesha County,
Wisconsin.
3. I have surveyed L,ot 2, and am familiar with the final plat for the Plum
Creek Subdivision. Said final plat indicates that driveway access for Lot 2 shall be
restricted to the eastern-most 40 feet of the north boundary of Lot 2. However, said plat
is inconsistent with the improvements as actually constructed on Lot 2. In my opinion,
such discrepancy should be rc:solved by correcting the final plat tu provide for a
restriction of driveway access to the eastern-most 56 feet of the northern boundary of
Lot 2.
" -.
4. It is requested that :he Register of Deeds note on the final plat for the Plum
Creek Subdivision a reference to the page and volume at which this Affidavit is recorded.
Randolph L. Rafalski
Wisconsin Registered Land Surveyor
Subscribed and Sworn to before me
this - day of January, 1995.
Notary Public, State of Wisconsin
My Commission:
- CL,ERK'S CERTIFICATE
I, JEAN MARENDA, certify that I am the City Clerk for the City of Muskego.
Waukesha County, Wisconsin, and that the foregoing Correction Affidavit was duIy
approved by the Common Council of the City of Muskego, acting pursuant to
4 236.295(2), Wisconsin Statute:;, on January 24, 1995.
Jean Marenda
City Clerk