CCR2002114COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #I 14-2002
APPROVAL OF AFFIDAVIT OF CORRECTION
FOR FINAL PLAT OF ROSEWOOD ESTATES SUBDIVISION
WHEREAS, The developer has requested to amend the setbacks for Lots 17 and 18 as
recorded on the Final Plat of the Rosewood Estates Subdivision; and
WHEREAS, The developer has received all necessary approvals to fill and grade the
parcels, including amending the wetland limits to within 30 feet of the rear parcel
boundaries; and
WHEREAS, A drainage easement for Lots 17 and 18 has been recorded with the
Register of Deeds office; and
WHEREAS, The Plan Commission has reviewed the request to amend the setbacks for
Lots 17 and 18 and has recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego, upon the recommendation of the Plan Commission, does hereby approve of
the developer filing an Affidavit of Correction to the final plat of the Rosewood Estates
Subdivision for Lots 17 and 18 to depict a 30-fOOt drainage easement along the rear
parcel boundary with a 10-foot offset.
DATED THIS 14th DAY OF May ,2002.
SPONSORED BY:
Ald. William Le Doux
This is to certify that this is a true and accurate copy of Resolution #114-2002 which
was adopted by the Common Council of the City of Muskego.
City of Muskego
Plan Commission Supplement PC 058-2002 0 For the meeting of: May 7,2002
REQUEST: Affidavit of Correction, Lots 17 and 18 of Rosewood Estates
W150 S7179 Westcot Drive / Tax Key No. 2202.030
Wl50 57167 Westcot Drive / Tax Key No. 2202.031
NW % of SECTION 11
PETITIONER: Don Miller
INTRODUCED: May 7,2002
LAST AGENDA: N I A
PREPARED BY: Brian Turk
BACKGROUND PC 058-2002
0 The recorded Final Plat of Rosewood Estates depicts wetland encroachments onto residential parcels. The Zoning
Ordinance requires a 10 foot offset for all structures from wetland features. As such, where ever the wetlands
encroached onto residential parcels, the plat depicted a setback line greater than the underlying zoning district's
minimums.
Petitioner subsequently received permits to fill a limited amount of wetlands to the rear of Lots 17 8 18. and
adjacent right-of-way serving Rosewood Estates Addition No. 1 While that approval effectively shifted the wetland
boundary, it did not amend the final plat's restrictive setback line.
Petitioner now seeks to amend the wetland setback by filing an Affidavit Of Correction.
STAFF DISCUSSION PC 058-2002
The attached sketches depict a 30 foot easement which corresponds to the wetland boundaries. A 10 offsel from
that easement is also depicted, as required by Code.
STAFF RECOMMENDATION PC 058-2002
Approval of Resolution #PC 058-2002.
RESOLUTION #P.C. 058-2002
RECOMMENDATION TO COUNCIL TO APPROVE AN AFFIDAVIT OF
CORRECTION FOR SETBACKS REQUIREMENTS ON LOTS 17 AND 18 OF
ROSEWOOD ESTATES SUBDIVISION FOR THE MILLER PROPERTY
LOCATED IN THE NW % OF SECTION 11
(TAX KEY NO. 2202.030 I W150 S7179 WESTCOT DRIVE)
(TAX KEY NO. 2202.031 I W150 S7167 WESTCOT DRIVE)
WHEREAS, On April 24, 2002 a request to amend recorded setbacks for Lot 17
and Lot 18 of Rosewood Estates was submitted by Don Miller, and
WHEREAS, Said parcels include wetlands as depicted on the Final Plat, and
WHEREAS, The City of Muskego Zoning Code requires 10 foot offsets from all
wetland boundaries, and said recorded plat depicts this requirement, and
WHEREAS, The petitioner has received all necessary approvals to fill and grade
the parcels, including amending the wetland limits to within 30 feet of the rear of
the parcel.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends
approval to the Common Council of an Affidavit of Correction for setback
requirements on lots 17 and 18 of Rosewood Estates Subdivision for the Miller
property located in the NW X of Section 11 to depict a 30 foot drainage
easement along the rear parcel boundary, with a 10 foot offset, as depicted in
the submittal dated April 24, 2002. (Tax Key No. 2202.030 / W150 S7179
Westcot Drive and Tax Key No. 2202.031 / W150 S7167 Westcot Drive).
Plan Commission
City of Muskego
Adopted: May 7, 2002
Defeated:
Deferred:
Introduced: May 7, 2002
ATTEST. Sandi Asti, Recording Secretary
WRLiKESHA COUNTY. ill REG!SIL_R‘S OFFICE
9ECiJREED ON
N9-81-2802 11:3? AM
MICHXL J. HFlSSLINGER ;?iGiSTER OF DEEDS
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EASEMENT .
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THIS AGREEMENT, Made this Gday of February,
2002, by and between ROSEWOOD ESTATES INC, hereinafter
referred to as Grantor, and the CITY OF MUSKEGO, hereinafter
WCIUKESHFI COUNTY, W I REGISTER'3 OFFICE
ECOHDED ON
PIICWL J. HRSSLINGER REGISTER UF DEEDS
refend to as Grantee, WITNESSETH
Remd~infmmlibn
WHEREAS, The Grantor is the owner of lands in Retum to:
Michael F. Dubis. S.C.
Section 11, Township 5 North. Range 20 East in !he City uf * 208 East Main Street
Waterford WI 53 185
Muskcgo. Waukeslla County. Wisconsin; and Tax Key Number: MSKC 2202030 sf
WHEREAS the Grantee is a municipal corporation incorporated MSKC 2202 03 1 MSKC 2002 032
and existing under the law of the State of Wisconsin, and MSKC 7001 033 %
WHEREAS the Grantee is desirous of being allowed storm water drainage rights on lands owed 0
by the Grantor:
NOW, THEFEEFORE, Grantor grants to Grantee. its heirs and assis an ament over
the following described propeny fur purposes of securing storm water drainage rights:
!4!Lu. Pa of Lot 17 of Rosewood Estates king a subdivision of a pan of the NE !4 of the NW X and the NW %
of he NE X of Section I I? Town 5 North, Range 10 Fa.% in the City of Muskego. Waukesha County.
Wisconsin, described BS follows: Beginning a! the most northerly comer of Lot i7, Rosewood Estates;
thence along the Nortl~easterly line of Lot 17 S 63"09'25" E. 30.27 feet to a point; thence S 31"33'W W.
tothe point ofbeginning.
109.95 feet to a point; thence N 63"57'15" W, 30.33 feet to the poinr: thence N 51O32'06" E, I 10.5s feet
Lot.
Pan of Lot 18 of Rosewood EsWes being a subdivisioo of a parl of the NE !A of the NW X and the N W !L
of the NE % of Section 1 I, Town 5 Nortl~ Range 20 East, in the City of Muskego, Waukeshs County,
Wisconsin. described as follows: Beginning at the mon northerly comer of Lot 18, Rosewood Estates;
thaw along the Northevterly line of Lot IS S 554,7'j4" E, 30.00 feet to a point; thence S 34O31"OV W,
122. I8 feet to a point; tlicncc N 63"09'35* WI 30.27 feet to the point; thence N 34O32'06' E, 126.3 feet
to the point of beginning
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Part of Lot 19 of Rosewood Estates being a subdivision of a part of the NE !4 of the NW % and
the NW % of the NE % of Section 1 I. Town 5 North, Range 20 Easf in the City of Muskego,
Waukeslm'County, Wisconsin, described as follows: Beginning at the most westerly comer of
to a point; thence S 16028'0T' W, 38.65 feet to a point; lhenceN 5527'54" W. 11.99 feet to the
Lot 19, Rosewood Estates; thence alongthe Northwest link ofht 19 N 34032'06" E, 36.75 feet
point of beginriing.
OutlotI.
PartofOutlollofRoscwoodEstatesbeinga~bdivisionofapartoftfie~~oftheNW!4andtheNW
'A ofthe NE !4 of Section 1 I, Town 5 North, Range 20 East, in thc City of Muskego, Waukesha County.
Wisconsin, described as follows: Bqinning at the most wenerly car of Lot 19, Rosewood Estates;
thence along the Northwest line of Lot 19 N 34'32'06" E, 36.75 feet to a point: thence N 17039'29" E.
144.55 feet to a point; thence N 55'27'54" W, 34.71 feet to a pin^ thence S 164-8'0T'W. 184.15 f* to
a poing thence S 55"27'54" E, 19.57 feet to the pint of btginning.
IN WITNESS WHEREOF. the Grantor and the Grantee have hereunto set their hands and xals
the day and year first above written.
State of Wisconsin )
w&. county )
( ss..
Donna Grady to me known to be. the persons who executed for foregoing documem and &I!
the same.
Prrsonally came before me his 2 day of February, 3002. the above named Glen !vliUq2.,and.,,
This document drafted by:
Attorney Michael F. Dubis
Waterford, Wl 53147
208 East Main Slreet a
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FOR: ROSEWOOD ESTATES CORP. DATE: 12/12/01
DESCRIPTION: LOT 17 OF ROSEWOOD ESTATES, BEING A SUBOlVlSION OF A PART OF THE NE't4 OF THE NW'Xd AND THE NU'., OF THE NE'/, OF SECTION 11 * TOWN 5 NORTH. RANGE 20 EAST. IN THE CITY OF MUSKEGO. YAUKESHA COUNTY. WISCONSIN.
CURVE DATA
NO. ARC DELTA RADIUS CHD. BRG.
C1 5.14 04'54'42' 15.00 05.14 N74'16'19'E C2 46.91 44'47'50" 60.00 45.73 N54'19'45.E C3 63.03 05.05'15' 709.81 53.01 529'23'12.5"W
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FOR: ROSEWOOD ESTATES CORP. DATE: 12/12/01
DESCRIPTION: LPT 18 OF RO~EWOOO ESTATE?. BEING A SUEDlVlSION OF A PART OF THE NE I4 OF THE NW 14 AN0 THE NW I4 OF THE NE'14 OF SECTION 11, TOWN 5 NORTH. RANGE 20 EAST, IN THE CITY OF WSKEGO. WAUKESHA COUNTY. WISCONSIN.
NOTE: LOT INFORMATION TAKEN FROU ROSEWOOD ESTATES
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IC INAL PLAT. RECORDED AS DOC. n2552E71. VOL. 49. PAGE 76.
ETEACKS SHOWN ARE REVISED FROM THE FINAL PLAT
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PER THE DEVELOPER.
FOR: ROSEWOOD ESTATES CORP. DATE: 12/12/01
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SETBACKS SHOWN ARE REVISED FROM THE FINAL PLAT THE DEVELOPER.
FOR: ROSEWOOD ESTATES CORP. DATE: 1 /16/02
DESCRIPTION: BEING OUTLOT 1 OF ROSEWOOD ESTATES. A SUBOIVISION OF PART OF THE NE'., OF THE NWb4 AND THE NWb4 OF THE NE1/ OF SECTION 11. TOWN 5 NORTH. RANGE 20 EAST. IN THE CITY 01 MUSKEGO. WAUKESHA COUNTY. WISCONSIN. 4
OUTLOT I
NOTES: WTLOT INFORLUTlDl TAKEN FROM ROSElODD ESTAIES FINAL PLAT- RECORDED AS Om. #2552811. VOL. 4¶. PAGE 76.
WTLOT 1 IS NO LMER HELO IN RESERVATION FOR PARK AND OPEN SPACE WOSES BUT THE WETLANDS ARE SUBJECT TO CONSERVANCYIWEnANO PRESERVATIOH RESTRICTIONS AS STATED ON THE FINAL PLAT.
NO. ARC ~1010s OELTA cnmo BEARING
" CURVE DATA
C1 65.21' 710.W' 05'15'43. 65.10' S73'52'18'E C2 21.55' 15.00: 82'18:29: 19.74' S14'18'39.5-E C3 10.39; 120.00 04.57 35 10.38' S24.21'47.5.N C4 26.07 15.00' 102'39'06' 23.42' 513.12'33.1 .-
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