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PCR2011001 RESOLUTION #P.C.001-2011 RECOMMENDATION TO COMMON COUNCIL TO VACATE THE RIGHT-OF-WAY OF TRAIL COURT AND APPROVAL OF A CERTIFIED SURVEY MAP AND A CONDOMINIUM PLAT FOR OAK CREEK INDUSTRIAL PROPERTIES LLC LOCATED IN THE SE ¼ OF SECTION 7 (TRAIL COURT / TAX KEY NOS. 2188.032, 2188.033, 2188.034, 2188.035, 2188.036, & 2188.037) WHEREAS, On October 22, 2010 plans were submitted by Jason Geiger (Oak Creek Industrial Properties, LLC) for Right-of-Way vacation, a Certified Survey Map (CSM), and a Condominium Plat for the Rustic Trails Subdivision located in the SE ¼ of Section 7 (Trail Court / Tax Key Nos. 2188.032, 2188.033, 2188.034, 2188.035, 2188.036, & 2188.037), and WHEREAS, The petitioner’s goal is to create a private development and to make Trail Court a private road for the residents that live on it, and WHEREAS, This entire development is currently part of the Rustic Trails Subdivision and there are currently three homes within this subdivision, and WHEREAS, The CSM and Condo Plat have been reviewed and they meet the bulk requirements of the code, and WHEREAS, The Public Works Committee reviewed this at their January 2011 meeting with no concerns, other than the maintenance of the private road, and WHEREAS, The Planning and Engineering Departments do not see any problems with the requested vacation. WHEREAS, No signage details have been provided at this time. THEREFORE BE IT RESOLVED, That the Plan Commission approves the Right-of-Way vacation, a Certified Survey Map (CSM), and a Condominium Plat for the Rustic Trails Subdivision located in the SE ¼ of Section 7 (Trail Court / Tax Key Nos. 2188.032, 2188.033, 2188.034, 2188.035, 2188.036, & 2188.037). BE IT FURTHER RESOLVED, The road within this Condo Plat must be maintained to the same standards as a public road. BE IT FURTHER RESOLVED, That if any signage would be proposed in the future, approvals will be required from the Community Development Department. BE IT FURTHER RESOLVED, That a note must be placed on the Condominium Plat stating the following: “All legal documents and restrictions including, but not limited to storm pond maintenance agreements, easements, restrictions, and wetlands associated with the Rustic Trail subdivision or CSM NO.________ are still in effect.” THEREFORE BE IT RESOLVED, That the Plan Commission recommends to the Common Council the vacation of dedicated right-of-way for Trail Court in the Rustic Trails Subdivision, subject to the recording of a CSM and Condominium Plat immediately after said vacation. BE IT FURTHER RESOLVED, That the CSM and Condo Plat are subject to resolution of technical discrepancies as identified by the City Planning Department and City Engineers, and payment of all applicable fees in Section 18.14(3) of the Land Division Ordinance and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That a digital file of this CSM and Condo Plat shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: February 10, 2011 Defeated: Deferred: Introduced: February 10, 2011 ATTEST: Kellie McMullen, Recording Secretary