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CCR1993063COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #63-93 APPROVAL OF CERTIFIED SURVEY MAP Lowe WHEREAS, a Certified Survey Map was submitted as a sketch on February 19, 1993 to finalize a 2-parcel division of the Lowe Property in the NE 1/4 of Section 18; and WHEREAS, Resolution #34-93 approved a Preliminary Plat and the Certified Survey Map is for a portion of that Preliminary Plat consisting of Lots 2 and 7; and WHEREAS, Plan Commission 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 the Certified Survey Map to finalize a 2-parcel division of the Lowe property in the NE 1/4 of Section 18. BE IT FURTHER RESOLVED that this approval is subject to receipt Ordinance and approval of the City Engineer and subject to of all fees required by Section 10 of the Land Division recording of the Declaration of Restrictions attached hereto. DATED THIS 23RD DAY OF MARCH , 1993. SPONSORED BY: Ald. David D. Taube This is to certify that this is a true and accurate copy of Resolution #63-92 which was adopted by the Common Council of the City of Muskego. Deferred 3/9/93 3/93 jmb DECLARATION OF RESTRICTIONS WHEREAS, the undersigned are all of the owners of all of the land described on Exhibit "A" which is attached hereto and made a part hereof; and WHEREAS, the undersigned have requested the CITY OF MUSKEG0 hereinafter referred to as "CITY", to rezone all of said land from R-S-1 to R-S-l/O.P.D.; and WHEREAS, the CITY has approved the concept of such a change; and WHEREAS, the undersigned now wishes to develop said property in phases; and WHEREAS, the undersigned wishes the zoning of the phase it now wishes to develop be amended to a two (2) lot C.S.M. as shown on Exhibit "B"; and WHEREAS, the proposed phase does not in itself support the taken as a whole does support such a change if developed in accord zoning change requested, but the property described on Exhibit "A" with the concept which has been approved; and WHEREAS, the undersigned wishes the CITY TO ENACT THE R-S-l/O.P.D. zoning for the phase now to be developed and is willing to restrict the use of the remaining land to nine(9) single family lots provided that none of the lands are within the 100 year flood plain, shoreland-wetlands or wetlands. NOW, THEREFORE, BE IT RESOLVED, for valuable consideration acknowledged by the undersigned, the following: d 1. All of the land described on Exhibit "A" is now restricte to be used as land subject to a R-S-l/O.P.D. zoning, subject to the use of land being made in the prior phase or phases and further subject to all necessary future CITY approvals; and 2. No development of the land described in Exhibit "A" other CITY approval; and than that in the phase now being rezoned is allowed without future 3. This restriction, in part, restricts the maximum density to which the remaining lands subject to this restriction can be developed(9 single family lots); and agreements of the undersigned, but not a Subdivider's Agreement. 4. All lands described on Exhibit "A" are subject to all 5. These restrictions are covenants running with the land. IN WITNESS WHEREOF, the undersigned owners have executed this Declaration of Restrictions this day of 1993 Rufus Lowe Merle Lowe .. . \ I rOIM NO. V85A p"c" Stock No. 26273 WAUKESHA. COUNTY, WISCONSIN 11 LOCATION MAP UNPLATTED LANE "- r _"" OWNED BY DEVELOPER CERTIFIED SURVEY MAP NO. BEING PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST l/4 OF SECTION 16. TOWN 5 NORTH. RANGE 2OEAST. CITY OF MUSKEGO, 0 -o SCALE I": 60' O- INDICATES l'>24" IRON PIPE, 1.13 LBS. PER LINEAL FOOT SUBURBAN SURVEYS 8 ENGINEERING, INC. PLANNERS ENGlNEERS COMPllrERS SURVEYORS NEW BERLIN. WISCONSIN '53146 17620 w.. :NATIONAL IAVEN~IE- OWNERS: Rufus S. Lowe, Jr. & Merle A. W208 58151 Hillendale Drive Muskego, WI 53150 UNPLATTED LANDS OWED 8): EVELO! _"" SB7O32'43''W 175.05' 40.01' I / LOT I 20,477 s(I. FT- 21,157 SO. FT, LOT 2 175.05' NB7°32b3'k 215.06' 30' 9 ?' UNPl ATTED LANDS - :I 1 IDENTIFIABLE DIRECTION 40' l- UNPLATTED LANB " c ' C.S.M. NO. 689 "- UNPLATTED LANDS "" UNPLATTED LANDS "" 40'