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104 - 11/1/1988 (2)X no. 2 CUO 2 f1s171 LAN. JVENA? I(U1ULLY w Grant No. 104 " - -. Acceptance of Conditions of by. ._..Alexis. .Smi.th. THIS COVENANT. Wade this. .kt. .doy 01. ..NQY&?Tilh!2X. ., 19. .8.8 .". .... .... ... ... ............ .... ... ... lor the use and benefit of all persons from time to time resldent or ownlng property within the ,.Grantom, boundariesof the. .City ....... of^.., .... Mu.~kg~. ... ... (Clw. Village. Town. County) ., ............................. Waukesha benefit 01 the said. .Ci$?.:. .of. .... .huskego ..... .County. Wiwonsin, and lor the use ........... IC 18Iage. Town, County) ill its own risht and as agent for the purpose of enlorcinp, these prerents on behali of the above dercrlbed class of perrons, Grantees. lollouin; ciercriivii ihds ~n Township. .5. Xorth, Kange~ .2.0. .East, in the County The prelniscs zffcctcd by these presents (hcreindter called the Premises) ore the of. Waukesha. .and State of Wisconsin. t-wit: Coml1encing at the center of the said section; thenc East and West 1,44 line, 129.0 feet; thence South 0' thence North 89 20'48" Egst, 155.2 feet along the S aE yoad. nce South 7 12'20" Eaet 76.0 feet to t 8.L.t.. N6.'!% ; thence South 29O22'48" West on said North and South 1/4 line; thence North 0°55'12" Wes feet to the point of Commencement. ~ ~~~ ~ . Muskego City Hall Box 903 WT 53 150-0903 North 89°20'40" East 1 4 Northweeterly line sj he. 579.70 feet to thr ~~ on'lj4~ line, 627.45 Mail addrcss of the Premires is. SI07 W16311 ................................ Loomis Road and thzt no other person has any estate or interest therein except by reason of easements for public utilities, building re?trictions, dedications to Grantors warvant and covenant that at the time of the enscaling and delivery of these prcxents they are all 01 the owncrs 01 the Premises tkx piblic or pab!ic hdies. insLrUments not of record, and mortgages LO banks, savinp and loan associations or insurallce companies. Grantors rcp:csmt that petition on thcir behall was made to the ........... City .............. .otK ... Muskego. purswa:>t to the Zo,.in. Cdc of the said. Plan ................_.................., Commission lor grant of permission to erect and/or conduct on thc Premises B use there pcrmissible mt hy rizht but only by Conditional Use Grant; that in connection therewith Grantors made certain representations and agrcemcnts as to sitc, building and operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditicnal city, village. row". c~~~~~I ............... Lac Grmt :\a. 104. .was issued ur&r date of. .NQ.V&?mb.e.X .I. ., 19..8.8. and that a truecapy thereof is on file with the 91.an. .Con?mi.s.s.i.on .of the. city .............. 01 .... .Muskego. ... (City, Villsac. Town. Counry) NOW, THEREFORE, Grantors hereby accept thc said Conditional Use Grant and covenant strictly to comply with all 01 the terms and cmditions thcreoi. This c0sen.sp.t shall mu11 with the land and shall be binding on the Grontors and on all persans claimq any estate or intr:cst in the Premises by, throuch or uldcr the Grantnrs. as long as the said Premises are used as described in the Conditional Use Grmt for In Witness Whereof, Grantors have hereunm :et their hands and seals this^ .kt. .day 01. .Nav&.er. , 19. -8.8 the oocrationof. .conver.ting..m. .exi.sting.. .office. into. residential. use,. SIGNED k:\D SEAL.ED IN PRESENCE OF ...... (SE.4L) , TiTLE 1 ACKNOWLEDGMENT CORPORATION INDIVIDUAL STATE OF \VISCONSIN. .Countv I Personally c2me bclore mc tilir~ ~6.7) 01~ ~, 19. ., ., Prcsidcnt 1,s. and of the above nemed corpxntian. to mc known to bc such persans and oAcers who executed the foregoing instrument and ociwowledged purposes therem contained. that thcy csccutcd the same as suci1 oficers. by its authority. lor the ~, Secretary TYll INSTRUMENT w*ij DRAFTED BY Cheryl Schmidt (SEAL) /4'Ufl"+a= STATE OF \VISCONSIN. }ss. .............................. ... Gmty Personally cane before ,- mc this. .iC. day of^ /hg.~??&C thc abov; >named. ./<+.x!.>.. ..&:.r~,z. , I9.E.K ... to me known to be the persons who executed the foregoing instrument and acknawledaed the same. _..: ~ :,:, 7 ./ ,I ......... ... <^..I- ..... Notary Public. State 01 Wisconsin ., ', .I_ ,.. ...... My Commission expires. ................... 3-5-VO .-~ ................ c, : <-, >, .r .. ... . ., - -> .>,. , \' , Np. 2 CUQ 1 (1Se7l CON. .ONAL 13A;ibilb Numkr .___.... ............ lU4 S~csX.23. 61.31. W.74 and 19.97 Wis. Sfotl. - Ucfore thc~ ................................................ Plan Commission of the. city ..... of ...... .!%?keg9 ......... ......... (Actlne MY1 (Cicy, Vlilape. Town. Cnunry) ... wlauk.e.s?a. .............. County. \Visconsin, in regard to Premises at ..... .S.l.Q.7. ..W16.3.1^1. Loomis.. .Road Part of the 1/4 of the SE 1/4 of .ii. f$C.tiQ. L.3.4.. ......... in Township .... .5 ...... North, Range ..... 20. ... East,. ....... ..kkUkESha., ..... County, State of Wisconsin, rutther described as follows: mnencing at the center of the said section; thence prth 89°20'40" East on East and West 1/4 ,line, 129.0 feet; thence South 0 55'12" East 50.0 feet; thence North 89 20'48" Eas&, 155.2 feet alon the Southerly line of Muekego Dam Road; thence South 7 12'20: Eaat 76.0 f eet to the Northweater line of S.T.H. No. 36; thence South 29 22'48" West on said line, 579.70 feet to the North and South 1/.4 line; thence North 0°55'12" West on 1/4 line, 627.45 foat to tho point of Comencomont. - \\ ,' \ WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to Staee 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 Usc Grant in particu!ar circumstances as defined by the standards in the Zoning Ordinance; and Petition therefore having been made, and public hearing held thereon, and the. p.l.an...co.~l.s.s.l."!! .. .......... (Acctirw My1 or the. .... c.i.ty ............ of ...... .........M u.sk.ee0. .................................... 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 the terms and conditions hereinafter prescribed would be consistent with the requirements of the Zoning Ordinance: (Ciry, Vi1lane. Town. Gunty) b!ow, thereiore. IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated, that tihe Premises may be used for the purpose of^ .r~~n~.e.~~t.~ng...an .... e.x.i.s.t.ine ... 0.f.f.ic.e .... int.Q .... r.eS.ident.i.d .use ........... ." ." .......... ................................................................................................. GRANTED by action of the.Phn. .,hDXiS.S.i.Qxlof the. ..c.it.Y ........ .of ..... ..?kLSkeg0.. ................... ... the. .lS.L.. .day of. ..NQv~III~.~I ........ ., 19. ~8.8 ..... ~t~. v~II~~~. Town. cnuntyl Attest: .. (Seal) av e . SalentTnP .... ..~ ~. Tde .~'h~OI... (Mayor. President. Chairman1 (City. Villa~c. Town. County) Clerk -~ qriginal filed in the orlice d the. .P.lan...Comis.s.ian. .of the. .CiC.y .......... of. ...... .Muskego. (Ciry, villsgc. TOW". Counry, Signed: ... ./A4p"?-/&&z=, ..... The CONDITIONS of this Grant are: Cheryl Schmldt,Rec rdmg Secretary hereol in such form as to constitute an effective covenant running with the land. I This Grant shall become effective upon thc execution and recording by the Owners of the Premises of an acceptancc 2. This Giant shall be \,aid 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..N1.A..months of the date hereof. 3. This Grant is subject to zmendment 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 tenanrs of the premises shall be made a part of their lease by the Owner, which leasc shall contain provisions lor posting of the pertinent conditions to notify employees thereof. (OVER) .I.OIC"I" lilN .,L*.".rc 6. Conditions on the Operations a. Hours of operation: b. Performance standards relating to noise, vibration, odor, smoke or dust: 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) That the existing 4'X16 d. Exterior Lighting of the Building: beinF issued. e. Other. plywood Me1 Wendt Realty sign be removed prior to an occupancy permit 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 thereoo: e. Finished topography and building grades, retaining walls, storm water'rUn-$f: ' 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: mat a building permit for the conversion is approved and that the construction meet all requirements of the building code for residential conversions. Receipt of a True Copy of this instrument on behalf of the petitioner acknowledged the. .l.ith~~day of. .Novemb.e.r ...... ... ._, 19. .88 . . . . . . . Note: Where the conditions are shown o ,drawings. photographs. or sirnilarattachments. Enter: 'Se - 1: ~-