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109 - 6/1/1990" $:. z cuc a 1191171 LANL rVEN k 5427 Relates to Grant No. 10 9 Acceptance of Conditions of Conditional Uae Grant. THIS COVENANT, Made this. ..l..%t.h. .day of. ... ..J.Un.e. ., 19. .9.0. by, .... !.?.!.i.. .s..Cha.u.mbSr.g. .Grantors, for the use and benefit of all persons from time to time resident or owning property within the boundariesofrhe. .C.i..L.Y...... ...... .oL~ .......E !AS.k.C&O.. (Gry, Villsge. Town. Counry1 .Wa.u.~.esha. ... .County. Wisconsin, and for the use and benefit of the said. .. c.i. .t.Y... .of. .~.kU.S.k.e.gO.. dc.wiLxd class of persons Grantees. in its own right and as agent for the purpose of enforcing these presents on behalf of the above (City, VillOW. TOW". Cmnty) / The premises ariected by these presenrs (hereinafter wlled the Premises) are the following described h:ds in Towxhip. .5.. North, Range. .2.0.. .East. in the County Waukesha ............................ .ar!d State 01 Wisconsin. t-wit: 1605427 OCUMENT h. II YE" NO ... .. "- ETYRN TO: Muskego City Hall I O* Box 903 Muskego, WI 53150-0903 PT I: 1/2 SLC 2 T5NR20E COM CTR SEC E 608.50 FT N62.5 E 129.36 FT S29 1/2 E 116 FT 2 IN THE BGN N29 1/2 W164.18 FT S28 3/4 E 154.74 FT S60 1/4 W TO BGN ALSO PT E1/2 SEC 2 T5NR20E COM CTR SEC E 498.30 FT N32 52' W 7.26 FT N65 14'E 161.05 FT THE BGN N65 14'E 66.40 FT S28 26'E 164.10 FT S59 18IW58.56 FT N31 OZ'W170.83 FT TO BGN R286/1223 R832/39 OCD 12/86 Mail address of the Premises is. .s..6.6,. .W1.4.5..8.0. ..J.an.e.S.s.i~.l.e. .Bad Grantors warrant and covenant that at the time of the ensealing and delivery 01 these prescnts they are all of the ou'ners of the Premises and that noother person has any esratc or interest therein except by reason of ensernems for public utilities. building restrictions. dedications to the pulk cr puh!ic bodm, instrmmxs not of record. and rmrtgager to banks. sa\ ings mJ loen asx1cid[mns or insurance companics. Grantors rcprcsent that pctition on thcir hehnlf wx mudc to thc. ... .Ci.t.y.. ...... ."I ... Pluskeg~o~. pursuarlt to thc Zoning Code of the said .p.l.a.E. .c.o.m.m.i.S.~.l.o.?~~iorerant of permission to crrci and/or conduct on rhc Premises a me there permissible not by right but only by Col7ditional Use Grant: that in conrcctiun therewith Grantors made ccrtain representations and Use Grant No, agreements as to site, building and operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditional .1.09. .werissuedunderdateof. ,.&!.n.C.. .I.%. .. 19. .%?and that a rruecopy rheruof is on file wit:, rhe ((;icy, \'dace, 'Taw Coulng) Fl.l.3.n.. .C.ommi.~.sion. .of the. .C.i,.tY. ....... .of.... ... !l.u.S..k.e.gU.,.~ ... (Ciry, Village. Town, Gunry) NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and covenant strictly to comply with all of the terms and conditions thereof. This covenant shall mn with the land and shall be binding on the Grantors and on all peruns claiming any estate or intcrest in the Premises by, through or under the Grantors. as long as the said Premises are used as described in the Conditional Use Grant for tlle operation of: ..... E.C.S.id.e.~.t.l.a.l .US. .O.f. .e.)t.S.tl.ng .... c.o.m~.e.r.c.i..a.b. ..~.f.~.U.c.tU..~.e ........ In Witnegs Whereof, Grantors have hereunto set their hands and seals this. ,.L.g..tb. .day of. .J.!.EC. .. , 19. .9.L SlCSD ASD SEALED IN PRESENCE OF .(SEAL) ... ...... ... (SEAL) ......... ...... , ... ... , ..... , .. ... ... J .(SEAL) , TITLE CORPORATION ACKNOWLEDQWT STATE OF WISCONSIN. .Caunty. Personally came before me thts. .day of. .. ..... .. President IO., }ss. end. ......... ........................................................ Secretary of th. ahow namsd oorporm.tlon, to rnm known to ba wch parson# and officers who executed the foregolng instrument and acknowledged that they execuced the same as such oflicers, by its authority, for tho purposes therein contained. ,*I. IN.,""YI*7 WA. D"1,T.D .* Cheryl D. Schmidt (SEAL) INDIVIDUAL .......................... and acknowledged the =me. - ..... -% 3.l.LC.L.. . 1. LL. ...w .................................... I, I\ No& Public, State of Wisca sin My Commission expires .... $?./A.%/$../! ......................... ." ...." "... ~" W.a..U.l;.~.s!>.a. ....... county, Wisconsin, in regard to Premiscs at. -5.66 .... W.145.89 .J.a.n.e.S..Ville. .R.d: - !T~..!. A.l.2. SEC ... 2.. ... .:. ;...in Township. .... 5 ...... North, Range. ..?& .East,. ...... ..W. ?.!k.e.?.h?.. .... County, i- xe of Wisconsin, further described as follows: " - - -. -7- " PT E 1/2..SEC 2 T5NR20E'COM CTR SEC E 608.50 FT N62.5 E 129.36 FT 529 1/2 E 116 FT 2 IN THE BGN N29 1/2 W 164.18 FT S28 3/4 E E 498.30 FT N 32 52' W7.26 FT N65 14'E 161.05 FT THE BGN N65 14'E 154.74 FT 560 1/4 W TO BGN ALSO PT E1/2 SEC 2 T5NR20E COM CTR SEC 66.40 FT S28 26'E 164.10 FT S59 18'W 58.56 FT N31 OZ'W170.83 FT TO BGN R28b/1223 R832/39 OCD 12/86 WHEREAS the Zoning Code and Zoning District Map of the above named inunicipality, 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 Usc Grant in particular circumstances as defined by the standards in the Zoning Ordinance; and Petition therefore having been made, and public hearing held thereon, and the.. l%.n .... Commis.s.i.o.n ......... (*cii"g Bcdyj of the. ... ..C.lt.y. ...... of ............... ... ~M.u.S.k.eg.0 .................. .having determined that by reason of the particular nature, character and c.ircumstancc; of the proposed use, and of the specific and contemporary conditions, grant of such use upon the term and conditions hereinafter prescribed would be consistent with the requirements of the Zoning Ordinance: (City, Village. Town. Gunrv) Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated, that the Premises may he used for the purpose of ....... resident-ial. .use .... a.f .... ~:xis+ing...c.omm.e..r.ri.a.l... ......... s.t.Luc.t.ux.e ................................................................................................................................................. GRANTED by action of the ... Illan ... ~OmER~O.~ the ... ..C.i.ty. .......... .of ........... Mus.k.eg.0.. ... the. .19.th... ..day of. ...... .J.un.e ............ ___, 19. 30 .. (city. vluap. Town. COU~LY) .......... (Seal) " The CONDITIONS of this Grant are: hereof in such form as to constitute an effective covenant running with the land. 1 This Grant shall become effective upon the execution and recording by the Owners of the Premises of an acceptance 2. This Grant shall be void t~nless 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. 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 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. .I.D.O.Y ,I,* .I,.. "l., 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' Approve living quarters along with a tavern and pizza plant in the building. 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. Pcdutrlan welkwayr, cerraceo, malls (locetlon and derlgn): h. Signs (free standing) location, size, design (including lighting): i. Exterior Lighting of the Site, location design and power' j. Other. Receipt of a True Copy of thls Instrument on behalf of rhe petlrloner acknodedged the. ... .day of. ...... ., 19 ..... .... ____I