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121 - 6/1/1993Relatea to Gmnt No. r\ - Acceptance of Conditions of Conditional Use Grant. by. ._ .... f ..... 1. .................. C V Zillig THIS COVENANT, Made this~..?'st .day of^ June ... ...... ....... ...... ... .Grantors. ........................ ...... .......... and benefit of the said city.^,^... .of. ... .M.!.?keg!? ....... .County. Wisconsin. and lm &he ux I' (Ciry, Villse. Town. GunryJ I its own right and as agent for the purpose of enforci!>g these presents on behnlf of the ai described class of persons. Grantees. following described lands in Township. .5. .North, Range. .z(r East. in the Ci The prcmms aflected bv thex presents (hereinafter called the Premiss) 3rc : of. ....................... Waukesha .and State 01 Wisconsin. tc-wit: ," "V" U" ..... ... . :TURN tDI :ity of Nuskego " I1 t :oliette M. Kienz luskego, WI 53150 - ?OB 903 Part of the SW 1/4 of the NW 1/4 and NW 1/4 of SW 114 of ' tion 10, T5N, RZOE, City of Muekego, Waukesha County, Wieconsin bounded and describe!<: .:: follows: LOT 1 CSM 6635 V55/157 1/14/92 PT PARCEL 1 CSM 5295 PT SI: 1/4 OF NW 1/4 b NW 1/4 OF SW 114 SEC 10 T5N R20E R143711287 WD 3/92 Also known as 574 W17045 Janesville Road, Tax Key #21'9.999.022 1854684 Mail address of the Premises is. .S.Z,!t. .w1.7.!M. .~.a!an~su.ille._Ra.a.d. Grantors nwrnnt alld covenant that at the time oi the enscaling and delivery of thcsc prcscnts they are all of the owners 01 the Premises acd that :IO other person has on! estate or interest therein except by reamn of eaxmentz lor public utilities, building restrictions, dedications to t!le public or ptlbllc Iba&:s, instrtlments ,not of record, and mortgages 10 banks, savings and loan associatiolx or insurmce companies. GrmLcrs rcprcre,:t :!>at !-clition on zllcir hchail was made to the. ...................... .ai ......... city City Muskego pursuan; to tlv Zonin: Cde of the said~ agrecmcnts as tq sip. building ad operation plans which were incorporaled into the Condltisnal Use Grant: that based thereon Conditional there permissible !rot by right but only by Conditional Use Grant: that in connection therewith Grantors made certain representations 2nd (ClL?.. Vll!aSe. 'IOWI,. Counry1 ... ., [or grant of pennisslon to erect and/or conduct an the Premises a use Use Gr3nt Yo. .!.a .nos Issued under datc of. .June. ., 19.93.. and that a true copy thereol is on file with the Plan ... Cammi.ss.ian. .of the. .Ci.ty. ............ .d .... .Muske.go.. (City, Villace. Toujn. Gunry) md conditions chercof. This covclialt shall rm with the land and shall be binding on the Grantors and on ail pcrsons clnirning any Cstace or NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and covenal>t strictly to comply with all of the terms interest in the Premises by, through or under the Grantors, as long as the said Premises arc used as described in the Conditional Use Grant for ths ope:stion ai: .Ye.ter.inary. .dinic. ... ............ In Witness Whereof, Grar.tors hare hereunto set their June ."v ?j3' , 19. L2 .(SEAL) SIGNED ASD SEALED IN I'RESCNCE OF 7 ' .(SEAL) ...... .(SEAL) , TITLE ACKNOWLEDGMENT J CORPORATION INDIVIDUAL STATE CF WISCCWSIN. ls5, .Cuunry.J Personally came before me this. .day "i. ~, 19 ., ., President and. ., Secretary of the above named corporation, to me known to be such persons and oficers who executed the loregoing instrument and ecknowledged that they executed the same as such officers, by its outhority. for the purposes therein contained. TH15 IliSTRUWENT WAS DRAFTED BY (SEAL) - Noary Publc. Stare of Wisconsin My Commission expires~ ... ....... ti- '-93 More the ...................................... Plan Commission .of thc. !%Y. of. ... !!!!ke.8?, ........... (hrtlnn Rdgi l<:ttY, Vilie,7C. TOW". Gunry1 Waukesha ................... .Cotlnty, Wisconsin, in regard to Premises ats.74. .w1.?!?4?. .?%!.!"!??e. .?'X!. ... ... ... ... .in Township ..... .5. .North, Range. ... 23. .East.. W%kf??h ...... County. .............. State of Wisconsin, further described as follows: Part of SW 1/4 of the NW 1/4 and NW 1/4 of SW 1/4 of Section 10, T5N. RZOE, in the City o Muskego. Waukesha County, Wisconsin bounded and described BE follows: '.OT 1 CSm 6635 V55/157 1/14/92 PT PARCEL 1 CSM 5295 PT SW 1/4 OF NW 1/4 6 NW 1/4 OF SW /4 SEC 10 T5N R20E R1437/1287 WD 3/92 Also known as S74 W17045 Janesville Road, Tax Key 12199.999.022 provide that the pl-anises 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 Conditionel Usc Grant in particular circumstances as defined by the standards in the Zoning Ordinance, and Petition therefore having been madc, and public hearing held thereon, and thePla.n..COn?mi.s.Sion~~ ... (Acting Body1 of the. .City ............ of ..... ...MU Sk.e€i'? ....................... .having dctertnined that by reason of the pnrriclilar nature, character and circumstances of the proposed use, and of the specific and contemporary conditions, grant of such use uwn the term and conditions hereinafter prescribed would be consistent with the requirements of the Zoning Ordinance: (City, Village. Torn. Gunry1 Now, therefore, IT IS GRANTED, subject to compliance with the term and conditions hereinacter stated, that the Premises may be used for the purpose of.. .OP.er.ati.nK..a...V.e.te.ri.nar~ .Cli.I!f.C ........................................ ............................................ ............................................................................................. GRANTED by action of the .. p?a.n...COrlrmi~SSSion... .of the ..of ... ................ the^ ............... 15th .day of .... ..JUFC.. ..... .... Attest ......... ............. .... Ci.ty. .Clark. (City, Village. Town. County1 Clerk Original filed in the office of the ..... Pla.n..C.ommi.S.Si.o~. ..... ...... .......... of. I1 The CONDITIONS of this Grant are: v' Collette 14. Kfenz / I, This Grant shall become effective upon the execution and recording by the Owners of the Premises of an accdptance 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 Gmnt 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. 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. ",11,1.C. .Om .,LX.""LI (OVER1 6. Conditions on the Operations a. Hours of operation: specified b. Performance standards relating to noise, vibration, odor, smoke or dust: Interior walls to be sound c. Water supply requirements specified in what erver manner necessary such that adjacent tenents cannot hear noise from d. Provisions for sewage disposal, e. Oher-1. The unit will be required to have adequate ventiation and exhaust fans. specified ! from the shopping center proprty This shall include removal of solids and washing will only be walked or exercised on the property line south of the building. 3. No animals will be permitted to be walked or exercised on adjoining properties an will be placed in coolerlfreezers until disposal. 4. All biological waste will be disposed of in a proper manner and euthanized animal 2. All animal waste will be cleaned up immediately with odor counteractive down sidewalks and the parking area in the immediate vicinity of the front 6. That a review of the Conditional Use Grant must be done by the Plan 7 CondiAons on the Buildmgs 1 ear from the approval date. 7. That the dumpster must be tamper proof. a. Facade material of each building side:per the approved Building, Site and Operation Plan for b. Entrances, Design and Location: Same as above C. Signs attached to the Building, Location, Size, Design (including lighting), inconformance with that appro\ ed d. Exterior Lightingoithe Building: per the approved Building, Site and Operation Plan for e. Other the shopping center for the shopping center the shopping center d. Outside Storage of Materials, Products or Refuse (location and screening thereof), a tamper Proof is required ll e. Finished topography and building grades, retaining walls, storm water run-off: n/a f. Landscaping of the Site and Buildings (including plant types, size, spacing) n/a g. Pedestrian walkways, terraces, malls (location and design) n/a h. Signs (free standing) location, size, design (including lighting), none permitted i. Exterior Lighting of the Site, location design and power' None permitted other than that approved j. Other. as part of the shopping center Building, Site and Operation Plan. Receipt of a True Copy of this9pument on behalf of the petitioner 11 Note: Where the conditions are shown on maps, drawings. photographs. or similar attachments. En (