Loading...
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 -2- 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 -4- 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!