102 - 3/1/1987...... ... ............ by. .......................... ... John Glockner THIS COVENANT. Made this. ...h h. .day of. .Se.p.Lemhe.r ..., 19. .94
..........................................................................................................................................................................
... ........ ... .Grantors,
lor the use and benefit of dl perron, from time 20 tlme resident or owning propcrty within the
boundariesafthe. ............. city ~...~ ...... .of... ..... Muskego ~ .................... (City. Ytlisge. Town. CounryJ
i, ,wn right snd as agent for the purpose of enlorcin: these presen:a on behalf of the above
de.. . mcd class of persons. Grantees. ILTURH 10:
..
City of Muskego
Attn Collette Klenz The premises affected try these presents (hereinafter callcd the Premises) are the
following dercribcd lands in Township. .5. .North. Ranee. .2.0.. .East. in th County
of. Wauksaha .and State of Wlsconsln. tc-wlt: ............................
~ PT NW 1/4 SEC' 12 T5N, R20E COM IN CTR OF RACINE RD 1/50 C S of NE COR, 1 1, TH S 75 E 4.84 C TO BGN. 40 AC VOL 1220/161 DEEDS. and PT NE 1/4 SEC 12
TH 9 38.67 C TH S 88' 20' W10.33 C. TH N 36.21 C. TH N 53 50' E 6.94 C.
TSN, R20E COM IN W LI 630.61 FT S OF NW COR TH S 1692.5 FT TH N 88' 41'52"
E 705.35 FT THN 0' 5'45" E 680.5 FT TH N 88'04'52" E 25.39 FT TH N
912 FT TH N 83.30' W 736.42 FT TO BGN 27.183 AC VOL 1220/161 DEEDS
I
Mail address olihe Prcln,ses is. .s.7.1 .W..1.3.2.1.9... .T.es.s.. ..Carner.s..Dri.we.,. .llus.ke.g.a .,.... WJ. .5.3.1.50.
and that no other person has any estate or interest therein except by reason of easements for pub!ic utilities. building restrictions. dedicatiocs to
Grantors wrrant and covenant that at the time of the ensealing and delivery of these FWSentS thcy are all of the owners of the Premises
thc pcb!ic or pabiic bo?ler. instrurrcnts ~nc: of rccord. and mortgages to banks. savings and loan associations or insurance companies.
Grcmors reprcse~x chat petition on thcir behalf was made to the. c.i.t.n ............ .of. .M.u.sk.e.e.o.
pursuant to tl~ Zmring Co-12 cf the said.
there permissible not by right but only by Conditional Use Grant: that in connection therewith Grantors made Certain reprewntations and
_, lor pant of permission to erect and/or conduct on the Prcmises a use
agreements as to sire, building and operation plans which were incorporated iato the Candttional Use Grant: that based thereon Conditional
city (ctty. V,i!al(c. lo\"". buntyj ..........
1 isc GKt!,t No. 1.0.2. .was issued underdatc of. .Jllarc.h. ,.1.7. .. 198.7 ... and that a truccopy thcrcdso:) file wilh thc
ahd co.>dttions thereof. Ihs covenant shall run with the land and shall be binding on the Grantors and on 811 persons claiming ony exate or
NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and wvenant strictly to wmply with a11 of the terms
interest in the Prcmises by. through or under the Grantors, as long as the said Premises are used as described in the Conditicnal Use Grant for
tt,e operation of: .&?*.d, .&...c.T.?.V.C.1. .E.Xf.r.a.C..t.i~,e .... Ope.r.aL.io.n ... 4. .Land.s.cap.e. ,.B.uusines.s.
In Witness Whereof, Grantors have hereunto set their hands and xa!s this. ... .day of. ... ..~, , 19.
STATE OF WISCONSIN.
.C,;.n~y}'~' Personally came before
me this. .day of ~, 19. ." .,
., President
and. ., Secretary
of the above named corporation, to rnc known to be such persans and
officers \t,ho executed the foregoing ins:rument and.ncknow!Cdged
that they executed rhe same os such officers, by& &thority;+r the
purposes therem contained. ,
.... (SEAL)
"". W
....
SIGNEU AXD SEALED IN PRESENCE OF
1 ."
I I
,
1
....... ... 1
ACKNOWLEDGMENT CORPORATION INDIVIDUAL
(SEAL)
........ .(SEAL)
, TITLE
... ... .(SEAL)
. TITLE
the above
and acknowledged the same.
ljcfore the p,~.a.n...Co~~mi.s,5,1.0.~ of thc of ......................
Waukarha ... ......................................................................... 671 w13219 ~aam cornarm Dr.
city Muskego ... ............ ............................ ...........................................................
(Acting MY) (CltY. Vlllasc. Town. county)
~ .County, Wlscomln, In regard (0 Prcrnlsca at ........................
Muskego in Township. 5..... North, Range East,. .County, 20 Waukesha ............................................... .............. ........................................
State of Wisconsin, further described as follows:
PT NW 1/4 SEC 12 T5N, R20E COM IN CTR OF RACINE RD 1;50 C S OF NE
CnR, TH S 38.67 C. TH S 88' 20' W10.33 C. TH N 36.21 C. TH N 53'50' E
5 C. TH S 75 E 4.84 C TO BGN. 40 AC VOL 1220/161 DEEDS, AND PT
NL 1/4 SEC 12 T5N, R20E COM IN W LI 630.61 FT S OF NW COR TH S
1692.5 FT TH N 88'41'52" E 705.35 FT THN 0'5'45" E 680.5 FT TH
N 88'04'52" E 25.39 FT TH N 912 FT TH N 83.30' W 736.42 FT TO BGN
27.183 AC VOL 1220/161 DEEDS
1998108
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 Conditional Use Grant in particular circumstances 6s defined by the standards
in the Zoning Ordinance; and
Petition thereforc having been made, and public hearing held thereon, and the. Plan Commission ................ ... ... [ l~rinc Body)
of the ........................... of. ...................... City Muskego
Grv. Villane. Town. Couxvl
........................... having determined that by reason of the
.. -
particular nature, character and circumstances of the proposed use, and of the specific and contemporary conditions, grant
of such use upon thc tcrms and conditions hereinafter prescribed would be consistent with the requirements of the Zoning
Ordinance:
Now, therefore, IT IS GRANTED, SUI
hereof i;7 such 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 oi the Premises oian acceptance
2. 7his 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.
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
Y. 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.
(OVER1
",.OLI"I" ,)IN x ,,.. Y.n
6. Conditions on the Operations
a. Hoursofoperation; 7 A,.~EI, TO 7 ,P.M. MONDAY THROUGH SATURDAY - NO SUNDAY
b. Performance standards relating to ridis<j:vljration, odor, smoke or dust:
,'
c. Water supply requirements:
d. Provisions for sewage disposal:
Any pumping done that would adversely affect any of the surrounding wells
such pumping shall cease immediately. No blasting, crushing, washing of
--?d or gravel or other processing other than the initial removal of
e. Other: No junk vehicles are to be parked or stored in the excavated are(
bund in the amount of $25,000. That a permit will be reviewed on a yearl)
basis.
Plsasa aea naaol'utien Il~li70uPb for the raauirementa of the Landmcaaa Buminc
erial. That the ponds shall not exceed 15' in depth. A restoration
listed under th.e THEREFORE BE IT RESOLVED numbers 1 through 7 and the secc
BE IT FURTHER RESOLVED.
~.
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 rundf.
1. 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. That the site will be graded to contour with slopes not greater
than 1' €0 4'. Than any additional equipment used in the extractive
operation other ahan the listed below must have Plan Commission appro-fa!.:
Two (2) dump trucks
One (1) end loader
Two (2) drag lines
Please see &esolueioti bPC170A9GL-+ the requirements of the Landscape Busine
listed under the THEREFORE BE IT RESOLVED, numbers 1 - 7 and the second BE
IT FURTHER RESOLVED. Receipt of a True Copy of this instrument on behalf of the petitioner
acknowledged the. day of. ... ...
September ..... ., 19.. 94 ~~~
." . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Collette M. Klenz
Now: Where the conditions are shown an maps, drawings, photographs. or similar attachments. Entcr: 'See exhibit^