108 - 6/1/1990]I 5 ,:5 b Relates to 10 8
No.2 CUG 2 (!*a71 LAND ~ ,VENANT Grant No.
Adeptance-of Conditions of Conditional Use Grant.
THIS COVENAKT. Made this. ,~?.?. day of .... &?le..
... ..16ms. Wisconsin Bell by. /,. IT .- ~ , , . ", ', wi;
,if(;,>::;. ;. !.i;Fl-t . ..... ~;<. ................................................
....... ...
for the use and benefit of a11 persons from time to time resident or awning property within the
boundariesofthe. .Cit.y ............. .of... ..Muskego.. ICiw V~lla~e. Town. Counry)
Waukesha ............................ County, Wisconsin, and for the use
-. " .
Id benefit ol the said. Liz (2 ....... ;of. ........... .Musk.e.g.o.. ...
11Y. Vlllsse Town. Gunry)
in its own right and as agent for the purpose of enforcing these presents on behall o
described class of persons. Grantees. RETURN TO:
The Premises aHected by these presents (hereinafter called the Premises) nrs the Muskego City Hall /w
following described lands in Township.. -5. .North. Range. 20.. .East, in the Countr
or. .Wa.u.kesh.a~ and State of Wisconsin. to-wit:
All that part of the SE 1/4 of Section 11, T 5 14, R 20 E, City of
Muskego, Waukesha County, Wisconsin, bounded and described as follows,
beginning at the Southeast corner of Certified Survey Map No. 551, then
S89' 58' N, 40.00 feet, then N 0' 02' W, 40.00 feet, then N89' 58' E,
35.02 feet, then S 7' 08' E, 40.31 feet to the point of beginning.
Mail address of the Premises is. .w.l.4.5. .s.?..6.7.6. .D.!!.?&.?U!!. .D.X.i.Y!? ....
Grantors warrant and cownant that at the time of the ensealing and delivery of thcse presents they are all of rhe owners of the Premises
and that no other person has any estate or interest therein except by reawn of easements for public utilities, building restrictions, dedications to
the public or pub!ic bodies. insirurneilts ]not 01 record, and mortgages to banks, savings and loan asmin:ions or insurance companies.
Craxors reprcssn: that petition on their behall was made to the. ....... .c,%.t.Y. ....... b of^^ ........................... Muskego
pcrsrlant to the Zoning Code of the said P.1.an.. C.o.m.mis~s.i~o~n., lor grant ai permission to erect and/or conduct on the Premises 3 usc
agreements 5s to site. building and operation plans ujhich were incorpratcd into the Conditional Use Grant; that based thereon Conditional
there pcrnissiblc not by rich hut only by Conditional Clse Grant: that in wnnection thcrewith Grantors made certain reprcsenmtions
., 19~ goand that a tzuccopy thereof ism file with the
(C~rv, V8iias Town. County)
Use Grant >:o. .!.E .\+as issued under date cl. .J.Un.e. .5.
Plan. .Camrn.is.s.i.on. .of the. C.i~t.Y. ............. of^^ ....................... Muskegp (city, vi11ngc. TOYO. County,
NOW, THEREFORE, Grantors hersby eccept the said Conditional Use Grant and covenant strictly to comply with all of the terms
and conditions thereof. This cow::ax shall run with the land and shall be binding an the Grantors and an all persons claiming any estate or
interest In the Premises by, through or under the Grentors. as long as the said Prcmiszs are uxd as described in the Conditional Use Grant for
the operation of:..a..l.O.' .x...l.2.' .U.Li~.i.t.Y .b..U.i.l.d.i..?Lg. .E.!?. hO.XS..e. .el~e..ft.r.O.ni.C.. .C.!W?.P.!!.?.!.!. .....
In Witness Whereof, Grantors have hereunto set their hands and seals this .day of. ~.._ , 19. 9!
SiCNED AND SEALED IN PRESENCE OF
.... "_. ...... ............
.(SEAL)
I .(SEAL)
1 , TlTLL
CORPORATION ACKNOWLEDGMENT INDIVIDUAL
STATE OF WISCONSIN. lSs,
.... ... ..~
me this. .day of.
.County.J ~ersona~~y came befare
.... .. 19. ...
... ., President
and. ~, Secretary
of the above named corpamtion, to me known to be such persons and
oflicers who executed the foregoing instrument and acknowledged
purposes therein contained.
that they executed the same as such officers. by its authority. lor the
THIS It4.TRVYEIIT WA. DlAlTlD my
(SEAL) Cheryl Schmid:
... Personally Came before
me this. .&5- .day of. ., 19.5%
the above named.
......
to me known to be the persons who ewcuted the loregomg instrument
and acl:nou,ledgcd the me.
..................
Ndrary Public. State of
... ................_"...
J
CUG I 11oe7) CONL 3NAI. USE GRANT I
Sers. 61.21, 61.35, 60.74 and 59.97 \Vis Stars.
Ueiore the. .Elan .... C.o.mrni.s.sion. of the. .Cify ......... of. .... .Musk.e.gn
(Actins Wy) (Cny, V8llaxe. Town. Gunry)
I.lawke~s~h.a~ .. .County, 'Nisconsin, in regard to F'remiscs at. Wl .bi...SLb.l.b. .D.urham...D.r~i.ve.
part of the SE 1/4 of
Se.c.tinn. .1.1.. ... ..... in Township .... 5. ..... North. Ranze .... 2.0.. .East,.... Siauke5h.a. .............. County,
State of Wisconsin. further d.zscribed as follows:
All that part of the SE 1/4 of Section 11, T 5 N, R 20 E, City of
beginning at the Southeast corne6 of Certified Survey Map No. 551, then
Muskego, Waukesha County, Wisconsin. bounded and described as follows,
589' 58' W, 40.00 feet, then N 0 02' W, 40.00 feet, then Nag0 58' E.
WHEREAS the Zoning Code and Zoning District Map of thc above named municipality, pursuant to State Statute.
pmvide that the premises may not be used of right for the purpose hereinafter described but that upon petition such use
may te app:oved by the municipality as a Conditional Use Grant in particular circumstances as defined by the standards
in the Zoning Ordinancc: and
Petition therelore having been made, and public hearing held thereon, and the ..... plan ... Co.mmi.s.s.i.on. ....
(hcclng Body1
ol the. ..... C.!!Y ..... of......^. .... MV.s.k.C.g.0. ................................ having determined that by reason ol the
(Ciry. \'illage. Tow bunwl
of such use upon the terms and conditions hereinafter prescribed would be consistent with the requirements of the Zoning
particuiar nature, character and circumstances of the proposed use. and of the spccific and contemporary conditions, grant
Ordinance:
the Premises may be used for the purpose of.. .c a.Ra.r+uc~;LRg ... a...l.~.! .... x. .12..' .u.tj.liLy.. .b.uilding...i=.o..
Now, therefore, IT IS GRANTED, subject to compliance with the terns and conditions hereinafter stated, that
hues .... e.Ass.L.wn.i.c .... e.q.u.ip.m.e..nc.. ................................ ......................................................
GRANTED by action of the..P.l.a.n. ..C.ammis.s.i.amf the ...... City .............. of ...... Muskego.. ...........
the .... .>.?.T! ......... day of ..... ,.hILX ............ ., 19.9. D... (City. Village. Town. County)
01,iginal filed in Lhc office of the. .Plan. .Commissio.n... ... .of the. .C.i.ty...~. of. . Muskego. ...
Signcd:. __. .&A+&Lk$&...&- ,.
(city. v~II~~~. .Town. c~~~L~I
The CONDITIONS of this Grant arc:
1. This Grant shall become effective upon the execution and recording by the Owners of the Premises of on 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.
rnunlclpallty. 3. Thla Grant ia nubjaot to ornondrncnt 0nd tmrminaclon In aocordmnoa with tha provieioru of rho Zonlna Coda of thln
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 thls Grant which would normally be the responsibility of tenanm 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.
.I'DY.Y ,e111 .I.."."
6. Conditions on the Operations
a. Hours of operation:
b. Performance standards relating to noise, vibration, odor, smoke or dust:
c. Water supply requirements: There will be no odors, light, radio or television interference or no
d. Provisions for sewage disposal :
e. Other.
7 Conditions on the Buildings
a. Facadematerialofeach buildingside: That the exterior of the building will be brim
with a black asphalt shingle roof. That the building be set 10 feet frl
b. Entrances, Design and Location: the east lot line.
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.
uilding on this property and the property owners are 8fant:ng approximately design) There is an existing 2-story brick and frame
Parking will be 3' off the lot line.
b. Off-street Parking (location and design including screening thereof) : a x4 e as emen *
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-&.
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.
The area will be landscaped as per plan.
All cables must be installed underground.
That all excess material be removed from the site.
Receipt of a True Copy of this instrument on behalf of the petitioner
acknowledged the..... ...... .day of ....................... ...._.., 19.
...... ...... ...... ...........
Note: Where the condltions are shown on maps. drawinp. photographs. or similar attachments, Enter: 'See Exhibit.
e.