98 - 6/1/1986Acceptance of Conditions of Conditional Use Grant.
THIS COVENANT, Made this^ ........... 15th .day of. ......................... October ., 19. ....., 86
by. .T.Qm. .k?XEf.t.e. ...
.......
... .Grantors,
for the use and benefit of all ~ersons from time to time resident or ownine DrODertY within the
boundariesof the. .c.i.f.p ............ nf ... ..HUS.k.e.gO.
(city, v,1iagc, Town. Counry1
I. ..
Waukesha
... ...... .County, Wisconsin, and for the use
Id bcnefit of the said. .................... .of. .................... Musk ego .......... tcirv. Villasc. Town. Gun,") . ~. -. ..
..I its own right and as agent for the purpose of enforcing these presents on behalf of the above
described class of persons, Grantees.
following described lands in Township ........ 5 North, Range. 20 .East, in the County
The premises affected by these resents (hereinafter called the Premises) are the
........
of. ............................. Waukesha .and State oi Wisconsin, tc-wit:
I- AX KE" NO. -
ETURN TO:
City of Muskego -4
Box 903
Muskego, WI 53150-090
Outlot 1 Block 1 Lincolnshire, being a part of the S.W. 114 of the
SeL. 114 of Section 1, and the S.E. 114 of the S.W. 114 of Section 1, dh
and the N.E. 114 of the N.W. 114 of Section 12, and the N.W. 114 of the
N.E. 114 of Section 12, Township 5 North, Range 20 East, in the City
of Muskego, Waukesha County, Wisconsin
Mail address of the Premlscs IS.
W128 S7110 Flintlock Trail, Muskego, Wisconsin 53150
... ......
3r.d that 110 other person has any estate or interest therein except by reason of easements for public utilities building restrictions, dedications to
Grantors warrant and covwant that at the time of the ensealing and delivery of these presents they are all of the owners of the Premises
the public or pdblic bodies. instruments not of record. and mortgages to banks. savings and loan associations or insurance companies.
Grantors represent th3t ptltion on rhcir behalf WS made to the. .of. City Muskego ........................... .............
pursuant to the Zoning Code of the said. .City.
there permissible not by right but only by Conditional Vse Grant: that in connection thereuith Grantors made certain representations and
agreements as IO site, building and operation plans which were incorporated into the Conditional bss Gmnt; that based thereon Conditional
Use Grant no.^^^^ .9.8. ... .was issued under date of. .o.c.t.obe.r.~~~l.5. .. 19.86. and that a truecopy thereof is on file wnh the
(City. VillSgE. Town. Ccunlvl
...... .__. for grant of permission to erect and/or conduct on the Premixs a use
........................................... Plan Commissio.n,. .ofthe. City ....... .of .... .Muskego. ... (Cicy. Vilhge, Town. County1
and conditions thersof. This covenant shall run with rhe land and shall be bmdq on the Grantors and on all pcrsons claiming any mote or
NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and covenant strictly to comply with all of thc terms
inrcres in the Premises by, through or undcr the Grantors. as long as the said Prcmises urz used 3s described in the Conditional Use Grant for
In Witness Whereof, Grantors have hereunto set their hands and seals this. ..%h.. .day of. ..oc.t.ob.e.r. , 19.8.6..
the opcration oi. .Sk&eb.O.a.rd.. .R.a.mP. - .O&!.t.d.o.o.r. .R.e.c.r.ea.t.lo.na.l.. .F.a.c.&.l.&.t.y .... .....
SIGNED ASD SEALED IN PRESENCE OF
&.%.U. ynne Sweet
....
CORPORATION ACKNOW
STATE OF WISCONSIIN. sB,
.County. } Personally came before
me this. .day of. .. ......
., President
19.
and. ... ......
ol the above named corporation. to me known to be such persons and
Secretary
officers who executed the foregoing instrument and acknowledged
that they executed the same as such officers. by its authority, for the
purposes therein contained.
THIS INSTRUMENT WA* DRAFTED B"
Plan Commission (SEAL)
.(SEAL)
". (SEAL)
TIPE NAME HERE
IF A CORPORITlDN,
."". .(SEAL)
, TlTLE
......... .(SEAL)
:DGMENT INDIVIDUAL
the above named..
......
to me known to be the persons who exccuted the foregoing instrument
and acknowledged the same.
".
1". ~.. ......
.... . -. ......
Gefore the^ Plan .......................................... Commission .of the. City of. ......................... Muskego ......
(hitlng Body) .................. (City. Vlllaac. Torn. County)
......................... Waukesha .... .County, Wisconsin, in regard to Premises at W128 57110 Flintlock Trail
.County.
.......................................................................
.... "". ..... .in Township ..... .5 .... North, Range. .......... 20 .East.. ..?!?.UkeS.h?. .......
Stnrc 01 Wisconsin, further described as follows:
Outlot 1 Block 1 Lincolnshire, being a part of the S.W. 1/4 of the
S.E. 1/4 of Section 1, and the S.E. 1/4 of the S.W. 1/4 of Section 1,
and the N.E. 1/4 of the N.W. 1/4 of Section 12, and the N.W. 1/4 of
the N.E. 1/4 of Section 12, Township 5 North, Range 20 East, in the
City of Muskego, Waukesha County, Wisconsin
WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to State Statute,
provide that the premises may not be used of right for the purpose hereinafter described but that upon petition such use
may be approved by the municipality as a Conditional Use Grant in particular circumstances as definsd by the standards
in the Zoning Ordinance; and
Petition thereforc having been made, and public hearing held thereon, and the. .P~.a.n.. ~.OK!~.S.?.~.C?G .........
[.\Cti#'S Body)
of the. .._.cit.Y ............. of ......... M.u.Skeg9 .................................................. having determined that by reason of the
particular nature, character and circumstances of the proposed use, and of the specific and contem;,orary conditions, grant
of suck use upon the term and conditions hereinafter prescribed would be consistent with the requirements of the Zoning
Ordinance:
(Ciry, Village. Town. Gunry)
Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated, that
the Premises may be used for the purpose of .... 3...Ska.kb.O.3.KC! .EX... :...C!utdQ.Q.r .... ?XXrC?at.~.~.n.3~ ............
.. faclllfy. .......................................................................... ................................................. ;....: .... '...1... ......................
GRANTED by action of the. .pl.an...c.O.~.i.SS.iO.~ the .... C.i.CY .......... ..of ........ MU$!S!ig:Q. ....................
.. , , L,
the .... l.%h... ...... day of ..... hg!J.S.C ................... .., 19 ... 8.6. (City. Village. TOW". Cwty)
Attest:
. g& ...& ...... c:. &/j/jdfl ..... . ... - .t.wart arlottd ,
Title. .city. .~.~....~k.,
Gty. Village, Town. County) Clerl;
Signed :.tT ............ &A.. .... ..... Lynne Sweet
The CONDITIONS of this Grant are:
hereof in sEch form as to constitute an effective covenant running with the land.
I. This Grant shall become effective upon the execution and recording by the Owners of the Premises of an acceptancc
2. This Grant shall be void unless proper application, pursuant to the building and zoning codes of the n~unicipality, for
of the date hereof.
appropriate Building. and Zoning Use and Occupancy Permits in conformity to this Grant, is made within. ..L. .months
3. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code of this
municipality.
plans filed in connection with the Petition for this Grant,.and annexed hereto.
4. Construction and operation of the use granted shall be in strict conformity to the approved site, building and operation
5. Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises shall be made
a part of their lease by the Owner, which lease shall contain provisions for posting of the pertinent conditions to notify
employees thereof.
.l" MH .IL..Y.Y
6. Conditions on the Operations
a. Hoursofoperation: 8:OOa.m. to 8: 0Op.m. or sundown, whichever is first
b. Performance standards relating to noise, vibration, odor, smoke or dust, NO excessive noise
c. Water supply requirements
d. Provisions for sewage disposal
e.Other. 1. Skateboard ramp to be used specifically for skateboarding.
2. No more than 10 people at skating facility at one time.
4. Onlv skateboards will be allowed on the ramv.
3. No more than one person on ramp at one time.
5; All'skaters must wear safety equipment. 6. Subject to a yearly review
7 Conditions on the Buildings
a. Facade material of each building side:
b. Entrances, Design and Location:
c. Signs attached to the Building, Location, Size, Design (including lighting)
d. Exterior Lighting of the Building:
e. Other.
8. Conditions on the Site
a. Street Access (number, location, design)
b. Off-street Parking (location and design including screening thereof) :
c. Loading and Service Areas (location and design)
d. Outside Storage of Materials, Products or Refuse (location and screening thereof) ~
e. Finished topography and building grades, retaining walls, storm water run-off:
f. Landscaping of the Site and Buildings (including plant types, size, spacing)
g. Pedestrian walkways, terraces, malls (location and design)
h. Signs (Iree standing) location, size, design (including lighting):
i. Exterior Lighting of the Site, location design and power:
j. Other- Guardrails are to be placed across the full width of the
upper platforms and diagonally along all four corners of
the ramp platform
\\
// !
Y ReceiptofaTrueCopyofthisinstrumentonbehalfofthepetitioner
acknowledged the. ....... .day of. ..................... ., 19 ....
............ ................
...
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