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123 - 8/1/1993A. 7. CUO 2110871 LANE ,VENa Relates to 123 4 Grant No. Acceptance of Conditiona ofxqditionr.: Une Grant. THIS COVENANT, Made this. ............ 19th .day of ................... August Jay Strande .. 19..9?. by.. ...................... .I... ... I ...... ... I .Grantors, lor the use and benefit of all persons Irom time to timc resident or owning property within the boundarksol the. cit.y. ............ .of... .Mu!.k.e.go. ... (Cxy, Village, Town. County) 1 Wabkesha ....... ~~~.Caunty. Wisconsin, and for the use ~~~~ ~~~ ... nd benefit of thc said. city ...... .of. .... Muske.g.0. ...... ...., I, in its own rieht end as agent for the purpose of enforcing these presents on beholf 01 the sbove descrlhcd e!ars of persona. Oranteas. (City. Village. Town. County) The premises niiected by these presents (hereinafter called the Prcmiscs) are the follavln: deacrihj Inn& 113 Townalrlp. .5. .North, Rmgo.Z.Q., ....... Eaar. In the County of. Waukesha ................... .and Sr3re of LVisconsin, tc-wit: All that part of the W & SW 1/11 of Section 4, T5N, RZOE, ir County, Wisconsin bounded and described as follows: ttn: Collette Me Klanz OB 903 uskego. WI 53150 he City of Muskego, h'aukesh Lot 48 in Block 18 Jewel Crest Subdivision, being a part of the NW 1/4 of the SW 1/4 of City of Muskego, Waukesha County, FJisconsin. Section 4, T 5 N, R 20 E, also a part of the SW 1/4 of the NW 1/4 of Section 4, in the Also known as W183 S6570 Jewel Crest Drive. )\hi1 address or the Pretnises is. .a1.8.3. .S6.5.7.0. .~e~el...Cr.est..Driu.e. Grantors n'srrant and covenant that st the time of the ensealing and delivery < Premises and tinat 1.0 cther person has any estate or interest therein except by reason of easements for public utilities, building restrictions, dedications to rhc phlc or rub!ic bG<ics. instruments not d record, and mortgeges to ban!-s, savings and loan asociations or insurance comynics. Gantols represent tha; pmtion on their ke!>alf uzs made to the. City .............................. .of.. ..M.!.?keg.O. ~usua.-~t to the Zoliing Ccde or the said. XXLy. .af..Muskega.., for grant of permission to erect and/or conduct on the Premises a there pcrmissible not by right but only by Conditional Use Grant: that in conncction thereu,ith Grantors madc certain rcprescntations ard agrecrlcnts as to site. building and OFcrntiOn plans which were incorporated into the Conditional Ux Grant: that based thereon Condiricn31 us2 G1al.t so. .123. P~~a.an.~Co.m.m.issia.~. as issued rlnder dete or. .August. .17.th ., 19 93~. and that a truecopy thcreaf is on file \vith the .or the. City. ............. .of .. .Muskego. ... (City, Vllia?.. Town. bunry1 (city, v~II~~~..~~~~~. ~~~~~1 NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and wvenant strictly to comply with all of the terms and cozditions the:eof. This wvenant shall run with the land and shall be binding on the Grantors and on all persocs claiming any estate or intcrert 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 tllc operation of: .hl.ti-.family. .use..of. .an..exisfing. .sLructure~, .(.dupJex.). .in. .an...~~-3/~~. .~i.~~: In Witness Whereof, Grantors have hereunto sct their hands and seals this. day of. ... , 19. QL ......... ~& A- ...................... .(SEAL) (SEAL) i , TITLE CORPORATION ACKKOWLEDGMENT INDIVIDUAL (SEAL) NO. 2 cua 1 (IDO~ CON, .ONAI GRANT Number ._., ..... Seer. b2.23, 61.35. M.74 and 19.97 Wis. Scam. *” - - Plan Commission ~~[[9792~!’:0850 city Beforc the.. ............................... ..of the ...................... of. .......................................................... _, Muskego W183 86570 Je-1 Creet Drive (Acrlna Body) (Clry. Village. Town. County) Waukmmhm ..... ... .” ... ..... County, Wisconsln, In regard to Premlses et ....................................... Muskego Statc of Wisconsin, further described as follows: ... ..... in Township ............ .North, Range..... ........ East,. ............ .......... .County, 5 20 Waukesha All that part of the NW & SW 1/4 of Section 4, T5N, RZOE, in the City of Muskego, Waukest County, Wisconsin bounded and described as follows: Lot 48 in Block 18 of Jewel Crest Subdivision, being a part of the NW 1/4 of the SW 1/4 of Section 4, T 5 N, R 20 E, also a part of the SW 1/4 of the NW 1/4 of Section 4, in the City of Muskego, Waukesha County, Wisconsin. Also known as W183 S6570 Jewel Crest Drive. 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 dcfined by the standards in the Zoning Ordinance; and Petition therefore having been made, and public hearing held thereon, and the^ Plan Commission .............. (.*.ctmg Body) of the. City ........... of .................................. Muskego ............. .having determined that by reason of the [?articular nature, character and circumstances of the proposed use, and of thc specific and contemporary conditions, grant of such use upon the terms and conditions hereinafter prescribed would be consistent with the requirements of the Zoning Ordinance: (City. Viliap? Tou,n. County) Now, theretore. IT IS GRANTED, sub‘tct to compl’ance with he terms.and. conditions hereina? s atef that GRANTED by action of theplan commissi.on..... .o the Premises m be used for the purpse of ................................ dulti-famiiy use o! an exlstlng structure dupiex in an RS-3jid(LS Zoning Distrlct ....................................... ....................... ........ the^ 17th .day ot. Attest ~ ... ................ ...... (Ciry, Vills~e. Town. County1 Clerk Original filed in the orfice of the.P!~an~ co!””’issio.n .......... .of the.gtY .............. of ...................... Muskego -e ........................................................ Man- (city. village. 0 , Count 1 Signed : 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 accep nce hereof in such form as to constitute an effective covenant running with the land. 2 This Grant shall be void unlcss propcr application, pursuant to the building and zoning codes 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. plans filed in connection with the Petition for this Grant, and annexed hereto. 4. Construction and operation of the use granted shall be in strict conformity to the approved site, building and operation 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. ....... n/a .I.DIO.” ‘8,N Il,il.”.ll (OVER) i 6. Conditions on the Operations a. Hours of operation: n/a b. Performance standards relating to noise, vibration, odor, smoke or dust: n/a c. Water supply requirements: per code d. Provisions for sewage disposal:per code e. Other: If building is destroyed by more than 50% of the assessed value, a Building, Site and Operation Plan is required to be approved by the Plan Commission prior to erecting a new duplex. 7 Conditions on the Buildings a. Facade material of each building side: ~n accordance with plans on file in Building Inspecto' b. Entrances, Design and Location. Off ice c. Signs attached to the Bllilding, Location, Size, Design (including lighting) permitted d. Exterior Lighting of the Building: residential in character in theevent that the building be-destroyed by any means and a new duplex be constructed e. Other' In order to protect the welfare and architectural harmony of the neighborhood on the site, the owners of said property shall submit for approval to the Planning Commission a Building, Site and Operation Plan as required in Section 17:6.03(3)A.2 and that this requirement be recorded as part of the Conditional Use Permit for the property in accordance with plans on file in the Building Inspectors Office 8. Conditions on the Site a. Street Access (number, location, design) w183 56570 Jewel Crest Drive b. Off-street Parking (location and design including screening thereof): per code c. Loading and Service Areas (location and design) n/a d. Outside Storage of Materials, Products or Refuse (location and screening there00 none permitted e. Finished topography and building grades, retaining walls, storm water run-off: da f. Landscaping of the Site and Buildings (including plant types. size, spacing) n/a g. Pedestrian walkways, terraces, malls (location and design) da h. Signs (free standing) location, size, design (including lighting), none Permitted i. Exterior Lighting of the Site, location design and power' n/a j. Other. Receipt of a True Copy of this instrument on behalf of the petitioner ~. ., l9.& Jay Strande .... .. I :xe: \Vhere the condirions arc shown on,maps, dr?win~s.,photographs. or similar attachments. Enter: 'See Exhibit. - - -"-* A/ . .. . .. 6. Conditions on the Operations a. Hours of operation: n/a b. Performance standards relating to noise, vibration, odor, smoke or dust: n/a c. Water suppIy requirements per code d. Provisions for sewage disposal:per code e. Other: If building is deatrmyed by more than 50% of the asseaaed value, a Building, Site and Operation Plan is required to be approved by the Plan Commission'prior to erecting a new duplex. 7 Conditions on the Buildings b. Entrances, Design and Location: C. Signs attached to the Building, Location, Size, Design (including lighting), ,,one permitted d. Exterior Lighting of the Building: residential in character in theevent that the building bc destroyed by any means and a new duplex be cons,t.ructed. c. vLhcr In order to protect the welfare and architectural harmony of he neighborhood on the site, the owners of said property shall submit for approval to the Planning and that this requirement be recorded as part of the Conditional Use Permit for the Commission a Building, Site and Operation Plan as required in Section 17:6.03(3)A.2 property in accordance with plans on file in the Building Inspectors Office 8. Conditions on the Site a. Street Access (number, location, design) w183 56570 Jewel Crest Drive b. Off-street Parking (location and design including screening thereof) Per code c. Loading and Service Areas (location and design) n/a d Outsidc Storage or Materials. Products or Rcluse (location and screcning thcreof) none permitted c. Finishcd topography and building gradcs, retaining \vuIIs, storm water rtln-olr. da 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 or the Site, location dcsign and power nla .i Othcr. Receipt of a.True Copy of this instrument on behalfof the petitioner ' ac~~ncnv~c~~~cc~ thc.3L' .cloy or..&:~r*-d.~-r I Jav Strande t :xe: \Vhere the conditions arc shown on maps, drawings. photographs. or similar attachments, Enter: 'See Exhibit ,... ~ .~ ~~~ -~ ~ .~ . ~ __