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112 - 7/1/1991THIS COVENANT, h4ade this .............. .day of ........... by. ..J.!.d.i.t.fi. .F.*. .M.?.?..Ch. ,.Of. .J.Ud.i.. .S. .&!Y. .C.*.r.E ., 19. ., 1 ....... ..... ... ..... ... ... .... ...... ... ....... ." ......... .Grantors, for the use and benefit of all persons from time to time resident or owning property within the boundariesofthe. .Cit.Y ....... .of ......... M.G.S.k.C.g.O. ...... ." (City, Vdage. Town. Gunty) ... ........ ". .W.C.Uk.!%Sh.?.. .... .County. Wisconsin. and for the use and benefit of the said. ............ .of. ... .... - .. - - ....... (Ciry, VIII~BC. Town. Guntv) in its own right and as agent for the purpose of enforcing these presents on behalf of the &eve described class of persons, Grantees. following described Ian& in Township. .?. .North, Range. .20 .East, in the County The premlva affected by these prcrenta (herelnelter called the Prernlacs) nre the of. W.aukesh.a, .and State of Wisconsir., IDW~L: Lots 11 & 12 h 13 Westview Sub Also lots 1 & 2 Chesterhill Pt SE 1/4 Section 9 T5N R20E - RESERVED FOR RECORDING DATA AX *LI NO. ETYRN TO: - " City of Muskego W182 S8200 Racine Avent Muskego, WI 53150 / I Mail address of the Premises is 575 W17301 Janesville Road .... ......................... ............ ... and that no other person has any estate or interest therein except by reason of easements for public utilitics, building restrictions, dedications to Grantors warrant and covenant that at the time oi the ensealing and delivery of these presents they are all of the owners of the Premises the public or public bodics. instruments not of record, and mortgages to banks. savings znd loan associations or insurance companies. Grantors reprcsent that petition on their behsii was made to the. c.1t.y.. ............. .of.. ............................. Muskego pursuant to the Zoning Code ai the sad city ............ .__.. for grant of permission to erect and/or conduct on the Fremises a use (Clry, Vil!agc, Town. Gunry) thcre permissible not by riEht but only by Conditional Use Grant: that in connection therewith Grantors made certain representations and mreemcnts as to site. buildinc and omration dam which were incormrated into the Canditi&al Use Grant: that based thereon Conditional - Csc Grant No. .1.1.2. ~ .\vis issued ;"der date of.hl.Y ..... '1.6. ......... ., 19. .g.:l, and that a rruecopy thereof is on file with the ?l.a.n.. .csm~.is.s.ie.n. .ofthe. c.i.!.y ............. ~0f.L ............................. ....... (City. Village, Town. Gunry) Muskego and conditions thereof. This covenar~t sholl run wirh the land and shall be binding on the Grontors and on ell persax claiming any eswre or NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and cownant strictly to comply with all oi the terms interest in the Premises by, through or under the Grantors, as long as the said Prcmises are used as described in the Conditional Use Grant for the opzeration of: ... a,, Lay .... c.are. ..f.a.c.l.Li.tYR ................... ... In Witness Whereof, Grantors have hereunto set their hands and seals this..L.d..&.~.day of ...&?&&. bad. , 19.91. n SIGNED .AND SEALED IN PRESENCE OF .". "" ....i (SEAL) CORPORATION ACKNOWLEDGMENT INDIVIDUAL STATE OF WISCONSIN. Personally came beiore me thi3. .day of. .. Before thc~ 'la.!? COm.F.iS.F..iOS. of the. ... .C.i.S.Y. ..... of ...... ..M.u.ake.gO. ............. (Acmg Body) (City, Village Town. County) ".., ............................ Waukesha .County, Wisconsin, in regard to Premises at. ..... S.75 .... W.~.7.l.0.~...~anes.V.ill. ... .............................. in Township ... .......!... North, Ran~e ........ 20 .. Et ,...... ~a..k. ..... a........................unty, State of Wisconsin, further described as follows: Lots 11 & 12 & 13 Westview Sub Also lots 1 & 2 Ches terhill Pt SE 1/4 Section 9 T5N R20E 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 as defined by the standards in the Zoning Ordinance; and Petition therefore having been made, and public hearing held thereon, and the. .?.&.?.?.. .C.O.m.m.i.S.s.i.O.n. ............ (Acting MY) of the. <?.!.Y .... of ............... .!!"S~kC.g.!? ................ having determined that by reason of the iCw. Villane. Twn. Gunrs) .. particular nature, character and circumstances of the proposed use, and of the specific and contemporary conditions, grant of such use umn the terms and conditions hereinafter prescribed would be consistent with the requirements of the Zoning Ordinance: Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated, that the Premises may be used for the purpose of. ..C!P.S.r.?.t.%.!.!! .... of .... a .... d.?Y .... f.ar.e.. .f.a.!?i1it.Y. ........................... ............... .... .................................................. ...... ................ GRANTED by action of the Pkn. o the. .C.i.EY .of Sk .%.?....~. .".. eo-mmf.ssf.o the. .1.6.K.h.. .day of ... JU1.Y. .... .."" ".., 19. .9. .... ................. 7"- ......... .......... .......... (City. Vlilagc. Toown. County) Attest ~ .......... [Seal) h~. .&. 4l.r Clcl (Mayor. President. Chairman1 .rltie '?P!.c~ .... City .C.l.e.?.k. K:Ity, VIIIII~C. .T,srn, County) <:lcrk _____ Original filed in the office of the. .?k. !??!r?i~5.?.?.!?" ..... .of the^ ................. City $ of IIBZF. ............................ k."> Muskego hereof in such form as to constitute an effective covenant running with the land. I This Grant shall become effective upon the execution and rccording by the Owners of the Premises of an acce&?tancc 2. This Grant shall be void tinless proper application, pursuant to the building and zoning code: of the municipality. for of the date hereof. appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within. .months 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. a part of their lease by the Owner, which lease shall contain provisions for posting of the pertinent conditions to notify 5. Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises shall be made employees thereof. Signed ~ ................ .L??$&.& . r?.+.d.?$ .. The CONDITIONS of this Grant are: C eryl Schmf t ... (OVER) "1l~lr.C. lam "ll".""n 6. Conditions on the Operatione a. Hoursofoperation: Monday through Friday, 6 AM - 6 PM b. Performance standards relating to noise, vibration, odor, smoke or dust. c. Water supply requiremenu: d. Provision3 for sewage disposal: e. Other. That a copy of the required State license to operate the center be submitted prior to an occupancy permit being granted. 7 Conditions on the Buildings 1 a. Facade material of each building side: b. €ntrances,DesignandLocetlon: Exterior decorative flower boxes be placed next c. Signs attached to the Building, Location, Size, Design (including lighting): A1 1 building or d. Exterior Lighting of the Building: e. Other. to the front of the building. freestanding signs shall be reviewed by Plan Commission; old signage removed. Light poles painted or removed. 8. Conditions on the Site a. Street Access (number, location, design) b. Off-street Parking (location and design including screening thereof): NO cars , boats or o the r vehicles b of er d for !ai. in the ark n lot meaS~r~~di~~a~~er~~~~re,n,9~~ionan~~~~~ E fines Ar8yewa~hZ~s:kS~iTej or e daycare aci 8 I& lfy pa;fifgg b ta r ff c con prior to issuance of occupancy perm??. 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) ~ras~ b e cU t b e tween Janesville Rd. and the parking lot. 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: Note: Where the condirians are shown on maps. drawings, photographs. or similar attachments. Enter: 'See Exhibit. Receipt of a True Copy of this instrument on behalf of the petitioner acknowledged the. .?..(? c day of,^^.^^^,!.^^^^^^.^. , ., 3% 19. %/ Cherv Schmidt led