94 - 5/1/1985 (2)., e EXPANSION OF
THIS COVENANT, Made this ................. 3rd .i. .... day of ........................ ., 19 ......... il October "86
by. .&Lg,e..;t1.&Q..$.L.. ..&b.k .... Co.rgo.ra.t.?o.n. .................................... ,..-
......... ._ .. ......... ...................................... - -. ......... ............... .................
lor the use and benefit pf all persons from time to time resident or ownln~ property within the
,.Grantors,
-riaofthe., ..C.>.&.U .............. .of .......... M.R.&~.G ............. ...
(city. V111.W. rm. CcunlYI Waukeeha
........ ............... .................
.nu benefit of the said. .... .c<.$if ....... .of .......... &@.&.eg.&? ......... ...... .......
.County. Wisconsin. and for the ux
in ics own right and as agent lor the purpose of enforcing thex prescnts on behalf of the above
described dass of persons. Grantees.
(Clw VIIIap. Tom. kry)
,
The premises affected by these presents (hereidtcr salled the Praises) are the "~""" ,*x KL" "0.
following dcvribcd lands in Township. .$.. .North. Renge. ..80. .East, in the Gunty
of. ..... .h!!.z.u.k.e.s.h.a.. and Stare of Wisconsin. m-wlt: City of Muskego d4CI Box 903 I Muskego, WI 53150-090:
~ ~~ ~ ~-
Pt NE1/4 Sec 2 T5N R20E Corn E1/4 Cor W 1217 Ft 9 In W57 Ft 9 In N 30 1/4 W
E & W1/4 Li Interaeca N 21 1/4 W 116.16 Ft N 62 E 497.64 Ft 528 1/4
227 Ft N62 1/2 E 50 Ft S 30 1/4 E 253 Ft 9 In to Bgn Also Corn Ctr Rd Where
B 384.12 Ft to E & W 1/4 Li W 583.44 Ft to Bgn Ex Vol 116/8, 222/634,
241/280, & 205/12 0.714 Ao Ex That Sold Church .4 Ex V329/530 R507/377
BCD 9/62 1
Mail addresr of the Premises is. ... S66 W14431 ....................................................................................... Janesville Road, Muskego ......? ......... WI 53150 ........ .............
and that no other person has any estate or interest therein except by reason of easemenu for public utilities, building restrictions. dedications w
Grantors warrant and wvenant that at the time of the enxaling and delivery of thee presencs they are all of the owners of the Praisa
the public or public bodies. Instruments not of record. and martgap to banks. savings and loen awxiatiom or iwrance companies.
Grantors reprernt that petition on their behalf was mode to k. .... .Ci.$j.. ............. .of.. ...Mu& e.g.Q., ........
pursuant to the Zoning Code ol the sad .......... city ............... for grant ol pemusslon w erect and/or conduct on the Premiscs a use
agreements as to site. building and operation plans which were inwr ratcd Into the Conditional Use Grant; that based &reon Condl[iona]
there permissible not by right but only by Condcional Use Granr: that in connection therewith Grantors made certain representations and
Use Grant No. 94 .was issued under date of. ... 0c.t.oT-er. .6. ....... 19. .8,6nd that a true copy thereof is on hlc with the
icitr. VIlhW, Tan. Counrr1
Plan Comm~~a'Xon ,.ofthc,, ...................................................... ..................... City of ..... ...... Muakego ..........
(Uty. Vlll.pr, Town. Gunry)
and conditions thereof. This wvenanc shall run w~rh the land and shall be binding on the Granwrs and on all persons claiming any estate or
NOW, "EREFORE, Grantors hereby accept the said Conditional Use Grant and covenant strictly to comply with all of the terns
interest in the Premises by, through or under the Grantors. as loqg as the said Premises arc used as desc+d in the Conditional U Grant for
the operation of: ................ Treatment .................................................... of railroad tzes a ....................................................................................................... buszness operatzon of Ingersorl ............ Cab1
In Witness Whereof, Grantors have hereunto set their hands and sals .......... , 19 ........ 86
SIGNED AND SEALED IN PRESENCE OF
............... .(SEAL)
...............
........ ." ....................................................... (SEAL)
...... Lynne Swaot
...
Plan commission City Muskego Before the of the. of .......................................... .................... .............................. .........
Waukesha (Astiw Body) (acy. vm.pe, room. ~u~~t~) S66 W34431 Janesville Road
... .......................... .&unty, Wisconsin, in regard to Premises at ................................. .....
5 20 Waukesha ........... in Towhip ............ North. Range ................ East.. ..................................... .County, ...........
State of Wixonsin, further described as follows:
+ NE 1/4 See 2 T5N RZOE Com E 1/4 Cor W 1217 Ft 9 in W57 Ft 9 In N 30 1/4
Where E & W1/4 Li interseota N 21 1/4 W 116.16 Ft NE2 E 497.64 Ft S28 1/4
.27 Ft Iy 62 1/2 E 50 Ft 530 a/4 E 253 Ft 9 In to Bgn Also Com Ctr Rd
E 384.12 Ft to E & W1/4 L,i W583.44 Ft to Begin Ex Vol 116/6, 222/634,
241/200, & 205/12 0.714 Ac Ex That Sold Church & Ex V329/530 R507/377 QC
D 9/82
provide that the premises may not be used of right for the purpose hereinafter described but that upon petition such use
WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to State Statute,
may be approved by the municipality as a Gnditional Use Grant in particular circumstances as defined by the standards
in the Zoning Ordinance; and
Petition therefore having been made, and public hearing held thereon, and the. .............................................. Plan Commission
tAcr1ng WVI ... City of the. .......................... of ............................................................ .having determined that by reason of the Muskego
1Cirv. Vlllue. Town. hrrl
particular nature; character and circumstances of the proposed use, and of the specilk and contemporary conditions, grant
of such use upon the terms and conditions hereinafter prescribed would be consistent with the requirements of the Zoning
Ordinance:
Now, therefore, IT IS GRANTED, sube~t to cpmpliance. with the terms and conditions hereinafter stated. that
the PrTmises may be used.for therm.? of ...& r'eGt.2.??9 .... 8.'3z.&ZO.@.d .... %?2...??f6.!, .... c.~P.O.~.?.~e~~~~~~~~..~~.~~~~~
.Pl.ttszn es.8 ...o p.e.r.a.t.20.n ... 0. Ing.ere0.Z.t .... @l?J.e.. .CO.?!P.Gy. ......................................... 2S#NTED by action of the. ..i%.G!! .... C?.Q.!.?.?.+?@?.P.t% the ....... &.&3... ....... of ........ Mu.?.!Ceil0 ......................
the... davof. ............................... May 19 ..... 86 (City, Villsgs. Town. Caurnyl ............
....
Original filed in the o&e ot the ........................................................ Plan Commission of the ............................ Citlf 01 ......... M.KGE~.K ...................
/? 1UW. VIII.Pc. TOW". CwnW
Signed: ...fie &+&&,..... ....... ..; .......................... unne Sweet " The CONDITIONS of this Grant are:
1. This Grant shall become effective upon the execution and recording by the Owners of the Premises of an acceptance i hereof in such form as to constitute an effective covenant running with the land.
1 2. This Grant shall be void unless proper application, pursuant to the building and zoning codes of the municipality, for
j appropriate Building, and Zona Use and Occupancy Permiu in conformity to this Grant, is made within ....l..... month
I of rhr data hmrool.
I ! 3, Thb Grant ia mbject to emendment and termination In aecardance with the provialon8 of the hnhg 6de of thls
: municipality. : 4. Construction and operation of the use granted shall be in strict conformity to the approved site, building and operation
I 5. Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises shall be made
j a part of chelr leu0 by the Owner, which lruo rhall con Ln pmvblo~ for porting of the pertlncnt WndklOM to notlfy
i
plans filed in corntion with the Petition for this Grant, and annexed hereto.
!
employees thereof. !2
.IYYUI MI4 IWuW
.I..",
i ." ""
6. Conditions on the Operations
a. Hoursofoperation: Retail Hours - 8:00A.M.-6:00P.M. Monday thru Saturday
b. Performance standards relating to noise, vibration, odor. smoke or dust:
c. Water supply requirements:
d. Provisions for sewage disposal;
e. Other:
Ray's Garage - 6:OOA.N. to 12:OO midnight
Front area asphalted and concrete
Same as present
Connected
1. Compliance with all local, state, and federal laws
2. Drip tank be buried to the depth as specified in the submittal
3. A platform be added under the ties within 60 days
Conditional Uses of Building:
1. Existing trucking and mechanical work
2. Existing RaiLroad Tie SaEes
3. Proposed Cable Television Offices/Salee 7 Conditions on theBuildings
a. Facade material of each building side:
b. Entrances. Design and Location: Exterior lighting
c. Si s attached t the Building. hation, Size, Desi (including lighting)
d. Exterior Lightingof theBuilding: Area lighting be shielded from drivers on
e. Other.
Rqutre P?an Commzsston approvaT
JDne8VitZe Road
8. Condition8 on the Site
a. Street Access (number, location, design)
b. Offstreet Parking (location and design including screening thereof) As per zoning requirements
c. Loading and Service Areas (location and design)
d. Outside Storage of Materials, Products or Refuse (location and screening thereof):
e. Finished to raphy and building prmded, rccainlng walls. stenn.warer run-on: Fence requ*red 08
f. Landscaping of the Site and Buildlngs (Including plant types, size, spacing): fauorab le
g. Pedestrian walkways, terraces, malls (location and design)
h. Signs (free standing) location, size, design (ineluding lighting): Require Plan Commission appPOV
i. Exterior Lighting of the Site, location dcrian and power: per ai t@ P Zan
aubmittz zn buitdang, site, and operatzon plane
j. Other:
1. That the property shaZ1 not be uaed for outdoor etorage of any of
the expanded uee, products or materials.
tractors and related materials outside during normal bueineee hours
2. That IngersoZl Cable Corporation be permitted to dieplay garden
............................. .Lmn.e..Sw.eer. .........................
~~
Receipt of a True Copy of this instrument on behalf of the petitioner
acknowledged the .... 6th. .day of. .... !kt.? b.%... ............ 19 ........ 86
John Ingereoll. owner
Before thc..P.l.a~n. Cammis.s.i.o.n. of the. .C.i.tY... ... of. ... .Mus.kega~ ..-.
(Arrlng Llulyl (GW, vi110ge. .row". Cuunty1
Waukesha 966 W14427-29-31
~~~~~ ~~ .~~ .County. Wisconsin, in regard to Premises at. ........................................... Janesville. Road
........ ~.~ ... .in Township. ........ North, Ranze. 2o ...... east,^... County, 5 ........................ Waukesha
Statc of Wisconsin, further described as follows:
Pt NE 114 Sec 2 T5N R20E Corn E 114 Cor
114 W227 Ft N 62 112 E 50 Ft 530 a/4 E
Rd Where E & W 114 Li intersects N 21
Ft S28 114 E 384.12 Ft to E & W 114 L
2221634, 241/280, & 205112 0.714 Ac Ex
R5071377 QC D 9/82
W 1217 Ft 9 in W57 Ft 9 In N 30
253 Ft 9 In to Bgn Also Corn Ctr
114 W 116.16 Ft N62 E 497.64
That Sold Church & Ex V3291530
i W583.44 Ft to Begin Ex Vol 11618,
1742210
provide that the premises may not be used of right lor the purpose hereinafter described but that upon petition such use
WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to State Statute,
may be approved by the municipality as a Conditional Use Grant in particular circumstances as defined by the standards
in the Zoning Ordinance; and
Petition thereforc having been made. and public hearin2 held thereon, and the. ... p.l~a.n~~.Com~i.gs.io.? .....
(ficrina Body1
of the. c.!EY...~.. ..... m of ..... ~~~!?u?.k?.K ... .having determined that by reason of the
partic:iiar nature, character and circumstances of the proposed use, and of the specific and contem}mary conditions. grant
of such use upon the ternis and conditions ha-einofter prescribed would be consistent with the requirements of the Zoning
Ordinance:
(Clty. Viiiaye. Torn. County1
Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated, that
.... us.iness. ..oP.era.ti.on~ of. I.lrg.e.:.s.ol!. Cable. .ComP.a!T;.. .c.etail. b~?.?.t.,~ sn.o.wm.obile., 7.i.::
GRANTED by action of the..P.l.3.C. .C!?m.m.i.s.S.i.o~%f the. ..C.i.tJ! ....... .of..~M.!3.k.Cg.o .......... .sp.o.r.r.s.. e
the Premises may be used for the purpose of..T.E.e.?!.i.% ..R.a.ilr.?.a.!! 'Si.e.?...Yi.!.h. ..C.r.e.o.sOt.e.,.a.".d.tru.ck.il
....
the. .?.O.th. day of. .May.
....
ment and
Attest: (Seal)
....
~
" .. I ., ::. - ,+ ,,.pi:;., ~.,,,' : 2.
.:.. '..
:., *a.
,f 5~
+*= .$
-.;;,., -'iUi<~~~,,,s$ . .rc'$:
(City, Village. Town. Coun~yl Clerk
'Y. *,+..*,,*,. - '<e.
Original filed in the office of the...!!.?.?. C.o.m.m~:s.fi-l~'~.t... .of the .......................... City of. ........................................ Muskego
Signed: .................. .......
The CONDITIONS of this Grant are:
I. This Grant shall become effective uFn the execution and recording by the Owners of the Premises of an acceptance
hereof in such form as to constitute an effective covenant running with the land.
2. This Grant shall be void unless proper application, pursuant to the building and zoning codes of the municipality, for
appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within .... .months
of the date hereof.
3. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code of this
municipality.
4. Construction and operation of the use granted shall be in strict conformity to the approved site, building and operation
plans filed in connection with the Petition for this Grant, and annexed hereto.
5. Any of the conditions of this Grant which would normally be the responsibility of tenanb of the premises shall be made
a part of their lease by the Owner, which lease shall contain provisions for posting of che pertinent condirions to notify
employees thereof.
IJ.0.e.r" ,*,N "ll".".I,
(OVER1
!rue& rapair hour. I 6100 A.M. to ~Y~OO midnisht eta 1 hours-8:OO AM-6:00 PM Monda th~ru Saturday
6. Condition8 on the Operatione
a, Hoursofoperarion: Hours of operationbe from 9:00 AM to 9:0@ PM Monday and
b. Performance standards relating to noise, vibration, odor, smoke or dust: and Sunday from 1 1 : 0 0 AM
Friday, Tuesday, Wednesday, Thursday and Saturday from 9:OO AM until 6:OO PI
until 4:OO PM.(sales) c. Water supply requirements:
Same as present
d. Provisions for sewage disposal:
e. Other:
Connected
1. Compliance with all local, state, and federal laws
conditional Uses of Building:
2. Truck repair to be retained only if renter isn't there and limited
> one business while the boat sales are in operation.
3. The revised Conditional Use Permit be recorded at the Waukesha
County Register of Deeds listing all the amendments to the site plan.
7 Conditions on the Buildings
a. Facade material of each building side:
b. Entrances, Design and Location: ~~t~~i~~ lighting
c. Signs attached to the Building, Location, Size, Design (includin
approval
Janesville Road
d. ExteriorLightingoftheBuilding: ~r~~ lighting to be shielded
e. Other.
@lighting): Require Plan Commissio
from drivers on
8. Conditions on the Site
a. Street Access (number, location. design)
b. Off-street Parking (location and design including screening thereof), As per
c. Loading and Service Areas (location and design)
d. Outside Storaze of Materials, Products or Reluse (location and screening thereof)
zoning requirem en
e. Finished topography and building grades, retaining walls, stormwater run-off. Fence required as
f. Landscaping of the Site and Buildings (including plant types. size, spacing) favorable
6. Pedestrian walkways, terraces, malls (location and design)
h. Signs (freestanding) location, size, design (includinglighting): Require Plan Commission
i. Exterior Lighting ol the Site, location design and power' per site plan
j. Other.
submitted in building, site, and operation plans
approval
1. That Ingersoll Cable Corporation be permitted to display garden
tractors and related materials outside during normal business hours.
2. The uarkine, of boats (limited to 8 with review in one (1) year),
--ownobiles and boat trailers be located within the existing striping on t
-
:e off Janesville Road, and not interfere with pedestrian movements.
snowmobiles and boat trailers be TU
3. A revised site plan showing the location of the parking of the boa
passage of this resolution be Rbecme~~~faTrueCopyofthislnstrumentonbehafofthepetltlon~
ea within thirty (30) da s of t,h.e
Placed on file with the City Of acknowledgedthe.~~~ayof. p:,.+.&d. ..I9 .... 5
Mlskego.
7