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