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116 - 2/1/1992........ THIS COVENANT. Made this .dzy oi. February ~~~~~ .... ., 19. .~.., by. .............................. Jacek and Lucy .................................. Miskowiec ... ........ I ." for the me and benefit of all persons from time to time resident or owning property within the boundariesofthe. c.i.t~r. ............ .oiL ........................ Muskego .... ........ Waukesha .Grantors, Gry, Villngc, Town, Counry) .............................. and bencfit of the said. .ci.t.:! .County. Wimnsin, and lor the use ....... ....................... (CllY, VIII~W, Town. bunry) .of. Muskego . - - .. -. \ in its own right and as agent for the purpose of enforcinz these presents on behalf of the described class oi pcrsons, Grantees. The premiies aifectcd by these presents (hereirnftcr called the Premises) are the followinz descrlhed lands i!-, Township. ~5~ Xorth, Raace. .20. .East, in thc County of. .Wa.uk.e.e.ha. .and Srote of Wi.con.in. TO-wiL: All that part of the SE 1/4 of Section 5, Town 5 North, Range 20 East 946.7 feet to the point of beginning of the lands to be described; thence North 150 feet to a point; ghence East 145.20 feet to a point; thence South 150 feet to a point; ghence West 145.20 feet to the point of beginning. Mail address of the Prcmlscs IS. .s..7.0. u.19 29.5. .k%n.t;.l.&Ild. ,.Wive. Grantors uarrent and covenmt that ar the time of the ensea!ing and delivery of thcsc presents they are all of the ow~xrs of the Premises and that no other pcrsm has ani mate or interest therein except by reasan of easements for phlic utilities. building restrictions, dedications to the pcblc or yLlt!ic ba3i;s. iixcrwncim nct of record, and mortgaoes to banks. savmgs and loan associdtiom or insurancc cornpaaics. Grmton rcpesmt tlhat ;>:titio!, 011 ;heir hcilalf LVJS made to the^ ...... City Muskego d ICltY, Villaae. .TOY.". County) ............ ...... .... pursuant tu thc Zo,irg i~oiic ;f the ~c i~ty ~Q.f. M.uske.g.0 for grant of permmim to erect and/or conduct on tk Premiscs B use therc pcrmissiblc not b?, right but only by Conditional Lse Grant: that in connection therewth Granto;s made certain representations and .... agreements as to Site building and operation plans which were incorporated into the Conditional Llw Grant: that based thereon Cond,~ional :*as issued under date 0:. Februar.y....18... ~, 10~ g.~nlt!~~tatrue~~pyti~ercofis~nFil~xitl:the krc Grant No. 116 .an Commission .... .of the. City ............... .Of~L ........................... ... Muskego (Ciry, Village. Town. Gunry) and conditions thereof. This covenant shall run with the land and shall be binding on the Grantors and on all persons claiming any estate or NOW, THEREFORE, Grantors hereby accept the said Conditionnl Use Grant and covenant strictly to comply wirh 011 oi the wrms intcrest in the Premises by. through or under the Grantors. as long as thc said Premises arc used as dcscrlbed in thc Conditional Use Grant for thc operation of: .............................................................................................................. a mother-in-law unit in their house. In Witness Whereof, Grantors have hereunto set their ha , 19. 8.2 SIGNED AND SEALED IN PRESENCE OF .(SEAL) ." (Witness) (SEAL) larek MiEkowiec , IF I CORPORATION. TIPENAMEHERE .(SEAL) . TITLE .......... (SEAL) 1 , TITLE CORPORATION ACKNOWLEDGMENT INDIVIDUAL STATE OF \\;ISCONSIN, 1,s. me this. das of. .Cuu;tp Personaliy came before ., President ., 19. ., ., Secretary ad of the above named corwcmcmn, to me known to be such pcr~ns and oficcrs who executed thc forepic2 mstrument and acknowledged purposcs therein conraincd. that they exccuted thc same as such officers. by its authonty. for the TH15 INSTRUMENT w.15 DRAFTED 6" (SEAL) B#X%VXXSBWIX?IL Margaret Doyle ................... My Commission expires. .................... .......................... Waukeshh .County, Wisconsin, in regard to Premises at. .?.To. !1.9.?9.>. .!TC."C1.?.nd Drive ..... ...... ..... ...... ............... ...... in Township ..5 North, Knnge ?.!! East , ................................................ Waukesha County, State Wisconsin, further dacribed as follows: All that part of the SE 1/4 of Section 5, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Southwest corner of said 114 Section, thence East, 946.7 feet to the point of beginning of the lands to be described; thence North 150 feet to a point; thence East 145.20 feet to a point; thence South 150 feet to a point; thence West 145.20 feet the point of beginning. 570 W19295 Wentland Drive, Jacek & Lucy Miskowiec-owners WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to State Statute, provide that the pxmises may not be used of right for thc purpose hereinafrer described but that upon petition such use may be approved by the municipality as a Conditional Use Grant in particular circumstances as defincd by the standards in the Zoning Ordinance; and Petition thereforc havinz been made, and public hearing held thereon, and the. .?.l~?.?. CO.mE.i.s.S.i.0.n. (hc~8ng Roily1 of thz City ............ of ....................... Muskego ... .having determined that by reason of the 1CN". villofc. -rYYII. CO""L"1 .~ pal-ticular 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 thc requirements of the Zoning Ordinance: Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated, that the Premises map be used for the purpose of^ b.u.ild.i?g .... a. .m.o.th.er-.i.n.r.la.w .... u.~!it. .i.n .t;hei.r .... hame.,.. ...... ......... ........................................ ........................ ........... GRANTED by action of the ..!.?.a?. cG.F?.i.s.?.i.?.Bf the ... .c.i.tJ! ....... .of... ... E?U.S.ke.g.Q .......... the. ... ?.th day of. ??b.r.u.arY .., 19~.9~2. Gfy, Village. Town. Gunryl Attest: (Seal) Title./.. C1er.k.. I (City, VillaCe. Town. County) CIE,I< Original filed in the office of the. .?.&.?.".. .!k?F!.F!.i.S.+.i.?.!? ....... .of the ........ C.i.t.Y ........... of ...... MU.s.k.e.g.Q ...... ... ICiry. Villege Town. CounrvJ Signed:..~. ..... % .............................. yh' AL The CONDITIONS of this Grant are: .I 1. 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. 2. This Grant shall be void 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 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. n 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 ol this Grant which would normally be the responsibility of tenants of the premises shall be made employees thereof. appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant. is made within. .... .months ",.DID.&" 'WN .il".Y.II lO\'ERl 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. Mother-in-law unit subject to conditions of Section 17:8.01 (7) C, 10 of the City's Code of Ordinances. 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. The regulations provide that the architectural character of the reside. exceed 800 sq. ft. of the residential floor area and that one person remain single family in appearance and that the second unit does not in each unit be related to a person in the other unit by blood, marriage or adoption. 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&: f. Landscaping of the Site and Buildings (including plant types, size, spacing)' g. Pedwtrlan walkwsys. terraces, malls (locatlon and design) h. Signs (free standing) location, size, design (including lighting) i. Exterior Lighting of the Site, location design and power j. Other. e Receipt of a True Qpy of this instrument on behalf of the petitloner acknowledged the .......... .day of .......................... _, 19. ..... ................................................................. Note: Where the canditions ore shown on mqps. drawings, photographs, or similar sttachments. Enter: "See Exhibit.