100 - 1/1/1987Relates to
'NO. z CUG 2 (10117) LANL JVENANT Grant No. 10 0 -
Acceptance ol Conditions of Conditional Use Grant.
THIS COVENANT, Mads this. 6th .day of. January ... .... ., IO. .., 87
by. ............................... Peter Yoss
... ... ... .Grantors,
for the use and benefit pl all persons from time to ime resident or owning property within the
boundaries ofthe ......................... C1ty ~ol~. ...................... Muskego
(Ciry. V~llagc. Town. Gunry)
Waukesha ....... ........................................... .County. Wiswnsin. and for the u5e
and bzncht of the said. ................. City .ol~.. .................... Muskego (cIIY. v~II~~~, .raw". bunty)
i* 'ts own right and as agent for the purpose of enforcinz these prewnts on behalf of the above
xibed class oi persons, Grantees.
lollowing describcd lands in Tou~nslhip. 5 .North, Range. .East, in the County
The prem~ses alkcted by these presmrs (herrinaiter called the Premises) are the 20 ...... .....
or. ........................... Wauke s ha .and State of Wisconsin. tawit:
Lands described in Volume 179 of Page 625, Waukesha County Register of
Deeds, Being a Parcel of Land in the NE 114 of Section 25 T5N R20E of
the City of Muskego, County of Waukesha, State of Wisconsin
Also a parcel of land shown on this plat as Parcel "A" and described as
follows: Begin at a point in the South line of the NE 1/4 06 Sec. 25, T51
R20E 1959.23 ft E of the ctr of said Section 25, run th N 5 26' W, ~~~~~ ~~ ~ ~ . ~
Thence continue N 5 26' W 138.43 ft, th S. 86.19 W, 150.07 ft; th S 5'26' 311.50 ft to place 8f beginning of parcel of land hereinafter described:
E 143.01 ft to a concrete monument,-th N 84O34' E 150.00 ft to the place
of beginning. Containing 21108 square feet of land. Said land is locate(
in the NE 114 Sec. 25 T5N, R20E of the 4th P.?f., City of Muskew.
W125 S9861A W, North Cape .... Road Mail address of the Premises is. ...
and tht no other pcrsan h;s any estate or interest thercin exccpt by mason of easements lor public utilitics. buildin:: restrictions. dedications to
Grantors uarrar,t and co.:enant that at the tinx of the ensealing and delivery of thcsc pr:r.nts thcy arc all of the ou'ncrs of the Premises
the pt!ic or >r~bltc Ibodies. instwnmm not of record. and mortgaces to banks. savings and lo:m assmations or insurmce compnnics.
Grantcs represmt that r,ctirioii on their behalf uas made to chc. .Ci.fy~ ............ .or.. ..Mu.S.ke.ee~ (c;~~.. rorn. bunrvl
pursuant to the ioz-,it:g Code ol rhe said. .Ci.ty. ... ., lor grant of permission to errct and/or conduct on the Premises a use
there permisslhlc not by right but only by Conditional Use Grant; that in connection therewith Grantors male certain representations mid
agreemerits as to site, buiiding and operation plans which were incorporated into the Conditional Use Grant: that bnzcd thereon Conditional
css Cr.:nt KO. .IC0 ..~ ~~2s izsued under date of. .d.?E?u?r.y. 6~. ~, 19. ....., 87 and hat n trxcspy thercoi is on lilc with thc
...................................................... Plan Comission ... or the. .C.i.ty ............. .or .... Muskego
(City. Villsge. Town. Counry)
and conditions thereoi. This cownant shall run with the land and shall be binding o:~ the Gimtors and on a11 persons claiming any estate or
NOW, THEREFORE, Grantors hereby accept tllc said Conditional Use Grant and cmmznt strictly to comply with all of the terms
interest in thc Premises by, thpugh or under the Grantors. as long as the said Prcmises are used as described ill the Conditional Use Grant for
the operation of:.r.e.%Q.r.lng. .a!!tOmob.11.e.s. .......... ...
In Witnem Whereof, Grantors have hereun:o Set their hands and seals this. day ol. , 19.
SIGNED AUD SEALED IN PRESENCE OF
......... ......
... ._ .. .... I
ACKNOWLEDGMENT CORPORATION INDIVIDUAL
STATE OF WISCONSIN. ,,,
.co""ty } Personally came before
me this., day of. .. 19. .....
., President
and. ., Secretary
of the obove named corpration. to rnc known to be such persons end
officers who executed the foregoing instrument and acknowledged
purposes therein contained.
chat hey executed the same as such officers. by its authority. for the
TH15 lNSTRUMENT WAS DRAFTED er
Lynne Sweet (SEAL)
STATE OF WISCONSIN.
.Counry.)ss. Pcrsanally camebefore
me this., .day of. ... ., IO., .,
the abovc named. ...... ...
IO me known to be the persons who executed the foregoing InSImmenI
and acknowledged the same.
......................................................... ..............
Notary Public, State of Wiswnsin
My Commission expires. .............. ... ."
NO. z CUG I ,106,) CONL JNAL USE GRANT
0
Gr. ..lumber. ........... 100
Plan Commission Refore the. ............. ..... of the. ......... of ................ .~~ ."
City Muskego
(Acrsng Bod?) Gly. Viilagc. Town. County) Waukesha W125 S9861A W. North Cape .... ...... .County, Wisconsin, in regzrd to Premises at.
Road in Township. .North, Range. 5 20 Waukesha ... ... ~.. .......... .... .E?st,. .County.
State 0: LVisconsin, furthcr dcsxibcd as follows:
Lands described in Vol 179 of Page 625, Waukesha County Register of Deeds
Being a Parcel of Land in the NE 114 of Section 25 T5N R20E of the City
3f Muskedo, County of Waukesha, State of Wisconsin
Also a parcel of land shown on this plat as Parcel "A" and described as
T5N, R20E 1959.23 ft E of the ctr of said Section 25, run th N 5 26' W
follows: Begin at a point in the South line of the NE 114 of Ses. 25,
Thence continue N 5'26' W 138.43 ft, th S 86.19 W, 150.07 ft; th 'S 5O26'
311.50 ft to place of beginning of parcel ofoland hereinafter described:
E 143.01 ft to a concrete monument. th N 84O34' E 150.00 ft to the place ~ ~ ~~~~~
of beginning. Containing 21108 square feet of land. Said land is
located in the NE 114 Sec. 25, T5N, R20E of the 4th P.M., City of
Muskego, County of Waukesha, State of Wisconsin
providc that the premises may not be used of right lor the purpose hereinafter described but that upon pctition such use
WHEREAS the Zoning Code and Zoning District Mzp of the abve named municipality, pursuant to State Statute,
may be approved by the municipality as a Conditional Use Grant in particular circumstances as defincd by the standards
in the Zoning Ordinance; and
Petition thzreforc having been made, and public heaxing hcld thereon, and the. plan. corm?is.s.ion. ."..
of tlx .................. ~.of.L .......... ." .having determined that by reason of the
of such use upon t5e terms and conditions hereinafter prescribed would be consistent with the reqllirements of the Zoning
particular nature, character and circumxtances of the proposed use, and of the s?ezific and contemporary conditions, grant
Ordinance:
I\!ow, therelorc, IT IS GRANTED, su5;ect to coppliancc with t e. ms and conditions hereinafter stated. that
the Premises may be used for the purpose ol ....................................................... restorlng autorno6lYes ....... .............
City Muskego :nctinx r,rLly)
(City. Vil!age. Town. Counts)
..... ._ ............. ........... ........................................... ................ .....................
G NTED by action of th .an...!k??!?i.ssionof the Y of
~-~~ c~t
........... .......... ................................................ the. .......... gh .day of. .............................. January ., 19. 737- ..... (City. Village. Town, County)
Original filed in the office of the. Plan Commission --- ,of the, city ........ musk of. Muskego ............. ......
(City. Village, -1'ow". Counry)
Signed :.. ................... ...... ...........
1, This Grant shall become effective upon the execution and recording by the Owners of thc Premises of an acccptancc
hereof in such form as to constitute an effective covenant running with the land.
2. This Grant shall be void tlnless proper application, pursuant to the building and zoning cocles uf the municipallty. for
appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within. .1. months
of the date hereof.
municipality.
'I he CONDITIONS of this Grant are:
3. Thls Granr.ls subJect to amendment and termination in accordance with the provisions ol the Zoning &de ol thls
plana filed in connectlon wlrh the Pedtion for &la 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 contnln provisions for posting of the pertlnent conditions to notify
employcu tharaof.
~. "
6. Conditions on the Operations
a. Hoursofoperation: Hours of outside operation - 8 A.M. to 6:OO P.M.
b. Performance standards relating to noise, vibration, odor, smoke or dust: To meet OSHA and DILHR
standards
c. Water supply requirements
d. Provisions for sewage disposal
e. Other:
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) All off Street parkine and
c. Loa i mg and Service Areas (location and design)
d. Outside Storage of Materials, Products or Refuse (location and screening thereof): No outside storage
stora e of cars shall be out of view from County Highway 00
of materials such as dentedlrusted fenders, paint, spare parts, any
e. Finished topography and building grades, retaining walls, storm water run-off: materials used for
restoration
f. Landscaping of the Site and Buildings (including plant types, size, spacing)
g. Pedestrian walkways, terraces, malls (location and design)
h. Signs (free standing) location, size, design (including lighting)
i. Exterior Lighting of the Site, location design and power:
j. Other:
All storage of cars in the building to the south must have the battery
removed and the gas tank empty,
Receipt of a True Copy of this instrument on behalf of the petitioner
acknowledged the. ... ... day of^ ...... ~..... ~~..~ ~, 19. .....
""" .... ...." ."
Note: fiere theconditionsare shownon maps, drawines. photographs, or similar attachments, Enter: 'See Exhibit. -
May 9, 1983
Mr. David Beierle, Broker
Wisconsin Suburban Realty
S63 W17202 College Avenue
Muskego, WI 53150
Re: S64 W18295 Martin Drive
Dear Mr. Beierle:
status of Tha Office tavern at S64 W18295 Martin hive, In response to your request for information regarding the
reeidential district becaueo the Zonin Ordinance under this tavern may be classified ae 8 conditional use in the
use may be reclassified as a conditional use. This tavern
Section 4.06 (3) states that any such fegal non-conforodng
was there prior to the adoption of the Zoning Ordinance and,
as a conditiopal use, as were many other taverns in 1963 when
therefore, was legal non-conforming and could be reclassified
the Zoning Ordinance was adopted.
Section 6.03 Uses, states where
euch use ordinance was
passed shall automatical a conditional use, and
any expaneion or change require a public hearing and notices be given according to Section 3.07.
If you require any additional information, please contact me.
Yours very truly,
CITY OF MUSKEGO
Gerald P. Lee Building Inspector
GPL/jm
cc: Mayor Wayne Salentine
Public Safety Committee
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