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PCR2002039RESOLUTION #P.C. 039-2002 APPROVAL OF DECLARATIONS AND RESTRICTIONS AND EASEMENTS FOR THE DREAMLAND PLANNED DEVELOPMENT DISTRICT (TAX KEY NO. 2167.995 / JANESVILLE ROAD). a WHEREAS, Proposed Declarations of Restrictions and Easements were submitted on behalf of Jewel Food Stores Inc. and Kohls Department Stores Inc. for the Dreamland Planned Development District, and WHEREAS, The Plan Commission exercises authority to approve said document pursuant to Section 17:6.11(4)(a) of the Zoning Ordinance, and Section 18:33(3)(b)(12) of the Land Division Ordinance, and WHEREAS, The property is subject to Building Site and Operation Plans granted by Resolution #PC 132C-99 and by Resolution #PC 080-2001, and WHEREAS, Said Declarations of Restrictions and Easements include provisions which the Plan Commission finds to be less restrictive than applicable laws, statutes, codes, regulations, BSO approvals, permits, and ordinances. THEREFORE BE IT RESOLVED, That the Plan Commission approves the Declarations of Restrictions and Easements were submitted on behalf of Jewel Food Stores Inc. and Kohls DeDartment Stores Inc. for the Dreamland Planned .I Development District. BE IT FURTHER RESOLVED, That this approval is subject to the inclusion of the following text within said Declarations: “The Parties acknowledge and agree that the rights and easements granted herein, and the exercise of such rights and the performance by the Parties of their obligations hereunder shall, in a// events, be subject to compliance with all applicable laws, statutes, codes, regulations, permits, and ordinances. ” 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: March 5. 2002 Defeated: 0 Deferred: Introduced: March 5. 2002 ATTEST: Sandi Asti, Recording Secretary