124 - 7/1/1994THM COVENANT, Made this. .5~. .day of. .JUl!J. ., 19. .94
by., ,.-~i~..Citizan..Hauaing.,.Ilavalogment..,~Corporation. .of.. ... ... .....
. ~ .. ...
for the use and benefit of all persons from time to time resident or owning property within the
.Grantors,
boundariesofthe. city^.. ........ ofL ........ .ki~~~kegn...
(City, billsge, Town. Gunry1
............................... Waukesha ~~~~~~ .County. Wisconsin. and for the use
and bcnefit of the said. .City..... .of.
(City, Village. Town. Gunry)
.............................. ..... Muskego
in its own right and as agent for the purpose of eniorcinn these presents on behalf of the above
descrlbed class of persms. Grantees. RETURN To: City of Muskego n&
The premises 3Hected by these presents (hereinafter called the Premises) are the ATIN COllette Klenz
,wing describe3 lends in Township. .?. .Korth, Ranze. .?e.. &st, in the County 903
of. ......................... Waukesha and State of Wisconsin, t-wit: Musk
Tax Key #2223.980, Al.1 that part of the SW i of Section 16, ~.
T5N. WOE, in the City of M.lskego, Waukesha County, WI bounded and
Cmncing at the Southeast corner of said SW 14 Section; thence S88O 34' 31" W along the
South line of said SW 5 Section, 542.72' to the place of beginning of the lands to be
described; thence?.continuing S 88" 34' 31" W along said South line 156.50'; thence N 2"
12' 21" E, 208.22 feet: thence S 88" 34: 31" W, 180.86 feet to a point on the East line
of Racine Avenue (C.T.H. "Y"); thence N 2" 12' 21" E, along said East line 1122.46 feet
along said East right-of-way line; thence N 88" 41' 08" E, 651.34 feet; thence S 0'
385.73 feet along said centerline of Woods Road; thence southwesterly 385.73 feet along
12' 52" 81, 1a40.34 foot to 8 point ir~ tho aontcrUnno of *dm Road! thonao ooutkunmtorly
833.33 feet and whose chon3 tears S 75" 18' 53" W, 382.30 feet to the place of beginning.
said centerline of the arc of a circle whose center is to the North , whoseradius is
Mad address of the Pwnises is
and that no orhcr person has any estate or interest therein except by reason of easements lor public utilities. building restrictions. dedications to
Grantors wnmt alld co\enant that at the time of the ensealing and delivery of these prcsenu they arc all of the owners of the Premises
the public or pub!ic bodies, ixtrunzxs not of record. and mortgages to balds. savii>gs and !oan associationsor insurance companies.
Cranrois ~cprcscn; t5-t !pctitim a,> &ir behnlf was made to thc. City ........................ of Muskegp
(<:icy, Vllilge. ~Ibwn. Counry1 pcrmant to thc Zonin: Code u: the soid..!?lanning..Dept.. ., torgrant of permission to erect and/or conduct on thc Premises a use
agreements as Lo site, building and operetion plans which cere incorporated into the Conditional Use Grant; that based thereon Condltianal
there permissible not by nzht but only by Conditional L'se Grant: that ill connection thercuith Grantors made certain representations and
L'sc Grant No .1?.& ~nzs issced mdzr datc of. . JliLy..5. ., 19. .94 and rhatn truccopy thereof ism file with LIX
.Elan~.Dept. .of thc~ City. .......... .of.L ..... .Muskego. ...
(city, v~IIw.~~,~~. ~o~~t~)
NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and covenant strictly to comply with all of the terms
and conditions thereoi This coverant shall rw wth the land and shall be binding on the Grantors and on 311 persons c!aiming any estate or
the operation of: .EWlY. .HoU-. .DeYf?lOmt. .loCated..in..RsM/OIP. .ZOning..niswiCt. intcrest 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
In Witness Whereof, Grantors haw hereunto set their hands and seals this. .... .day of. ". , 19.
SICkXD ASD SEALED IN PRESENCE OF
.... .(SEAL)
I il
.......
CORPORATION ACKNOWLEDGMENT
ST.-\TE OF \V!SC@XSIi'! L. Cuunrv.j Personally came before
mc thls .day of. .. 19. ... .,
., President
and.
oi the abose named corporarim,. to me know to be such persons and
., Secretary
officers who executed the foregoing instrument and acknowledged
purposes therein containcd.
that they executed the samc as such officers. by its authority, for the
TU15 INSTRUMENT \"A5 DR*FTED e" (SEAL)
INDIVIDUAL
STATE OF
Personally came before
, 19. ., me this. .day of. ...
the above named.
to me known to be the persons who executed the foregoing instrument
and acimowledged the same.
......... .................................
Notary Public. State of Wisconsin
My Commission eipires~ .."
...
".
Waukesha ... ..................... ..~ounty. Wisconsin, in reprd to t+emises at. Ta~..K~..#2?23.,980.,. ..W. i
....................................... Section 16 in Township .....?... .No;th, Range. .?.!?... East ,..... ..... !!%!!e.?b..... .......... County,
State of LVisconsin, further described as follows:
Tax Key #2223.980, All that part of the SW !i of Section 16, T5N,RZOE, in the City of
Muskego, Waukesha County, WI bounded and described as follows: Ccmnencing at the
Southeast comer of said SW + Section; thence S 88" 34' 31" W along the South line of
said SW $ Section, 542.72' to the place of begining of the lands to be described;
thence continuing S 88" 34' 31" W along said South line 156.50'; thence N 2" 12' 21"
208.22 feet; thence S 88" 34' 31" W, 180.86 feet to a point on the East line of
along said East right-of-way line; thence N 88" 41' 08" E, 651.34 feet; thence S 0"
Mcine Avenue (C.T.H. "Y"): thence N 2" !@" @!" E, along said East line 1122.46 feet
12' 52" E, 1240.34 feet to a point in the centerline of Woods Road; thence Southwesterly
385.73 feet along said centerline of Woods Road; thence southwesterly 385.73 feet along
said centerline of the arc of a cricle whose center is to the North, whose radius is
833.33 feet and whose chord bears S 75" 18' 53" W, 382.30 feet to the place of beginning.
providc 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 thereiorc having been made, and public hearing hcld thereon, and the^ ~..~~.?JTg..C.~S.SiO!T , . ~~ ...
(Acriny ihdy)
or the. Cit~... ....... of .............. .MUskeg.O. .............................
(City, Villagc. Town. Counry)
having determined that by reason of the
particular nature, character and circumstanca of the proposed use. and of the specific and contemporary conditions, grant
of such use upon the term and conditions hereinafter prescribed would be consistent with the requirements of the Zoning
Ordinance:
tile Premises may Ix uscd for the purpose of ...E&riY. .HOuS.lng..DevelO~nt...~.dt.~...~...R.~/OIP .ZQning...
Now, thcreforc, IT IS GRANTED, subject to compliancc with the terms and conditions hereinarter stated, that
District ........ ... ........... ........ ........................... ........
GRANTED by action of the ...Pl~.~C~~SS.lOr?. .of the. .city.. of.^ .... ............
the. 5th. .day of^ JULY ., 19.94.
............
its, \'lllsge. Town
Attest:
(City, villsgc. TOi"". (bunry1 Clerl'
Original filed in the ofiice of the. .P.ldn!Ang..kpt~..
\c&lette M. Klenz '[he CONDITIONS of this Grant are:
. ,'his Grant shall become etiective upon the execution and recording by the Owners of the Premises oi an acceptance
hereof in such form as to constitute an effective covenant running with the land.
app;ropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within
2. This GriInt shall hc \.aid unless proper application, pursuant to the building and zoninl; cocles of thc municipality, for
months
of the date hereof.
municipality.
3. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code of this
4. Construction and operation of the use granted shall be in strict conformity to the approvsd site. building and operation
plans filed in connection with the Petition for this Grant, and annexed hereto.
3 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 tenant,! of the premises shall be made
employees thereof. ... ......... ..c....iin
(OVER1
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 City water
d. Provisions for sewage disposal, City sewer
e. Other.
lrwision specified in recorded Deed Restrictions specifically noting that res' d,en t s
must be 62 years or older.
7 Conditions on the Buildings
a. Facade material of each building side: mixture of brick and vinyl siding as on adopted
b. Entrances, Design and Location
C. Signs attached to the Building, Location, Size, Design (including lighting) .by pmposd signage shall be
sbunitted for Plan Carmission approval prior to the issuance of permits & installation.
d. Exterior Lighting of the Building: as approved through Building, Site and Operation Plan
e. Other.
Building, Site and Operation Plans on file at Building Ccpt.
Elevation drawings for the "Cmity Building" are to be submitted for review and
approval by the Plan Ccmnission.
That 12 covered parking spaces will be added to the north side of the 12 unit buildi
and wilJ. be architectural.ly compatible with the buildings.
The garages on this site are for the residents of this facility only.
d. Outside Storage of Materials, Products or Refuse (location and screening thereof)
e. Finished topography anabuilding grades, retaining wal s, storm water run-oFQdLg, drainage and
f. Landscaping of t e Site and Buddings (inclu%:3%t types, slzklspac~nh:
g, Pedestrian w%%vays, terraces, ma a IO an es~gn).
Dmpster L Recycling
bin required as de icted on the site pl submitted on J e 27 1994.
utilities recpee review by City ers and.a prova by the Public Works & Utilit
WE %eSu%it3 fan&&yg fepw to be suhtta to C,~y~an kpt. 1 not in
"?
or a mval by the Plan Ccmniseion i!dii+dscap6%id plan m 4 mt d
prior to occupancy of units.
h. 3% ~~~~~ftn~~o~~~~'si~~~i~:ctin~~~~~~~~i~~~ on file in the Building Dept. " .
i. Exterior Lighting of the Site, location design and power: issuance of permits & installation.
Me,approved Building, Site and Operation Plan on file in the Building kpt.
Any pmps~d signage shall be sutmittd for plan C-ssion approval prior to the
j.
Stop signs are to be installed by developer at alldriveway exits.
Receipt of a True Copy of this instrument on behalf of the petltloner
Note: Where che conditions are shown an mops. drawings, photographs, or sirnil Enter: 'See Exhibit.
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all