113 - 10/1/1991THIS COVENANT, Made this. .day of.
by. ................................... William E ?.. ......................... Baehring.
.. 19~ ......
lI ...... ...
. ..... ......... ......... .Grantors,
for the use and benefit of all persons from time to time resident or owning property within the
boundariesof the .... .c.i..LY. ............ .of... .................................. Muskego ... (Ciry. V~llage. Town. County)
......... Waukesha .................................... .County. Wisconsin, and for the use
and benefit of the said. ... ..c.i.&.Y ..... .of. ..... %!?.k.e..g.o. ... .....
(City. Villsge. Town, Gunry) I ..
dcscribed class of persons, Grantees.
In Its own right and as agent for the purpose of enforcing these presents on behalf of the above
RETYRH TO:
The premises affected by these presents (hereinafter celled the Premises) are the
following described lards in Township .,._. 5. Xorth, Range. .?,!? .East. in the County
Of. .and State of Wisconsin. to.wlc: Waukesha
PARCEL 1, CERTIFIED SURVEY MAP NO. 6321, RECORDED IN THE OFFICE
OF' THE REGISTER OF DEEDS FOR WAUKESHA COUNTY, WISCONSIN ON NOVEMBE
1990, IN VOLUME 52 OF CERTIFIED SURVEY MAPS, PAGES 145, 146 AND
147, AS DOCUMENT NO. 1624404. BEING A DIVISION OF LOT 2, OF
CERTIFIED SURVEY MAP NO. 664 AND OUTLOT 1 OF CERTIFIED SURVEY MAP
BEING A PART OF THE SW 1/4 OF THE SE 1/4 OF SECTION 5 AND PART OF
THE NW 1/4 OF THE NE 1/4 OF SECTION 8, TOWN 5 NORTH, RANGE 20
EAST, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN.
Mail address oi the Premises is. S70 W19415 Wentland Drive ... ............
Grantors carrant and covenant that at the time of thc ensealing and delivery oi thesc presents they arc all of the owners of the Prmises
and that no other pcrv~n has any estate or interest therein except by reason of easemcnts for public utilities. building restrictions. dedications to
rhe pub!!rc or pub!x bodles, instrumcms no: of record, and mortgages to banks, savings aid loan asaiatims or insurance comFaniC5
Crzntors reprcscnt tlwt petiticn on their behalf was made to the. .c.i.ty. ........... of^ .......................... Muskego
pursuant to the Zwing Code of the said. ......................... for grant of permission to erect and/or conduct on the Premises a use City
agreements as to site, building a:id operation plans which were incorporatcd into the Conditional Use Grant: that based thereon Conditionol
there ,?ermissiblc >not by right but only by Conditional Use Grant: that in connection therewith Grantors made certain representations and
csc Crant NO.^^ 113 .was issued undcr date of ... 0.c.t.ob.e.r.. ..1.~ ............. 19~~~ 91 ~~.., end that a rrm~ecopy thcrcof is 017 file with t5e ?Ian Commission ................................ .of the ................ ............ OfL ...
(CIIY. V,ilLSC. .TU#". Counry1
city Muskeeo
[City. Village. Town. County)
and conditions thereof. This covenant shall run wlth the land and shall be binding on the Grantors and on all persons claiming any cstaie or
NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and covenant strictly to comply with all of thc terms,
intercst in the Premises by throu h or der the Gra tors, as long as the said Premises are used as described in the Conditional Use Gant for
the oneration of: ... ." ... ."
mother-sn-yaw unl€
In Witness Whereof, Grantors have hereunto sct their hands and seals this^ .day of. ... ../e.. ... .. , 19.
... .... ._ _" .. ... ....... ...
........ ............. ....
William E. Baehring (SEAL)
... - -. ......... .(SEAL)
, TlTLL - J
ACKNOWLEDGMENT CORPORATION INDIVIDUAL
STATE OF WISCONSIN.
.County. Personally came before
me this. .day of. .. 19. ......
...... ..... ...... ., President
and. ... ... ... ., Secretary
of the above named corporation. to me known to be such persons and
officers who executed the foregoing instrument and acknowledged
that they executed the same as such officers. by its authority, for the
purposes herein contained.
}s
.....................
........ ...
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.....................
4
..
30
76
TJefore the..p.k.n.. .C.Sr?!.i.S.S.i.O.~. ..... of thc. .c.?!J! ..... of. .... .Mu.s.k.e.go. ...... ...........
(Amng Bods)
,
(Clry, Village, Town. Counts)
........................................................... Na.u.k.e.sha .......... ..... County, Wisconsin, in regard to Premises at s70 W19415 Wentland Drive
........ .in Township. ..5. ...... North, tbnne .... .?o... east,..^ ......................... ... Waukesha .County. ......
State of Wisconsin, further dcscribed as follows:
WAUKESHA COUNTY, WISCONSIN
PARCEL 1, CERTIFIED SURVEY MAP NO. 6321, RECORDED IN THE OFFICE OF THE
I
REGISTER OF DEEDS FOR WAUKESHA COUNTY, WISCONSIN ON NOVEMBER 30, 1990,
IN VOLUME 52 OF CERTIFIED SURVEY MAPS, PAGES 145, 146 AND 147, AS
DOCUMENT NO. 1624404, BEING A DIVISION OF LOT 2 OF CERTIFIED SURVEY MAP
NO. 664 AND OUTLOT 1 OF CERTIFIED SURVEY MAP 5776, BEING A PART OF THE
OF SECTION 8. TOWN 5 NORTH, RANGE 20 EAST, IN THE CITY OF MUSKEGO,
SW 1/4 OF THE SE 1/4 OF SECTION 5 AND PART OF THE NW 114 OF THE NE 1/4
WHEREAS the Zoning Code and Zoning District Map of Lhe above named municipdity. 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 n Canditional Usc Grant in particular circumtanca as dchcd by the standards
in the Zoning Ordinance; and
Petition therefore having been made, and public hearing held thereon, and the. Plan Commission ........................ ..........
,\Cti"E Holy)
oi the ... .Cit.y ............. of .......... Mu.sk.e.g. 0. .... ..................... .having determined that by reason of the
(Clrs. Village. Town. Counri)
particular nature, character and circumstances of the proposed use, and of the specific and contemljorary conditions, grant
of such use upon the terms and conditions hereinafter prescribed would be consistent with the reqcirements 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 ... .allo.w.ing...a. .m~.rhe.r.-.ln.=law .... un1.t. .........................
....................................................................................................................................
GRANTED by action of theE1an. .C.ommiaaio.nof the ........ Ci.ty. ...... ..of: .......... Muskego ....................
the. 1.8.t ...... .day of ... .O.c.t.O.b.e~. ...... ., 19 ... 9.L (City, v,iiags. Town. Cuunry)
Attest:
... (M~yor. Prcsidonr. Chair
...........
Original filed in the office of the. .P.h.n .... C.smm.i..s.s.i.o.n .... .o
Sianed; .....................
The CONDITIONS of this Grant are:
' I. This Grant shall become effective upon the execution and recording by the Owners of the Premises of an acceptance
hereof in such form as to constitute an effective covenant running with the land.
appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within months
2. This Grant shall be vold unless proper application. pursuant to the building and zoning codes of the municipality. for
of the date hereof.
3. This Grant Is subject to amendment and termlnation 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.DYW ,llN "IL.."."
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.DesignandLocation: The architectural character of the home remain
single family in a pearance and second unit does.not exceed 800 sq. ft. Of c. Signsattached to the Auilding, Location, Size, Design (including lighting) residential floor area.
Subject to Section 17.8.01 c.10
d. Exterior Lighting of the Building:
e. Other.
blood, marriage or adoption., as per Section 17.8.01 c.10.
That one person in each unit be related to a person in the other by
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 hereof):
e. Finished topography and building grades, retaining walls, storm water run-off:
f. Landscaping of the Site and Buildings (including plant types, size, spacing):
8. Pedcsrrlan walkways, terrace& rnalla (locatlon end dcalgn) :
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
acknowledged the. .
. . . . . . . . . . . . . .
Note: Where the conditions are shown on maps, drawings. photograph. or similar acrachmencs. Encer: 'See Exhibit.
i/( 6. Condii
II
[ions on thc Opcmtions
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 or each building side:
b. Entrances,DesignandLocation: The architectural character of the home remain
single family In a pearance and second unit does not exceed 800 sq. ft. of c. Signs attached to the &ding, Location, Size, Design (including lighting), id en t ia 1 f 1 a re a .
Subject to Section 11.8.01 c.10
d. Exterior Lighting of the Building:
e. Other. That one person in each unit be related to a person in the other by
blood, marriage or adoption., as per Section 17.8.01 c.10.
S. Conditions on the Site
a. Street Access (number, location, design)
b. OH-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, PcJcstriun wnllw~ya. ~,crmccs. tnnlls (locntion und dcrign):
11. Signs (free standing) location, sizc. dcsipn (including lighting):
i. Exterior Lightlng of the Site. location design and power'
j. Other