125 - 3/1/1993Aiceptance of Conditions or Conditional Use Grant.
THIS COVENANT, Made this. .Z.nd. .day of. ..!'!a.r.Ch. ., 19 %...
by- ..K.Wi.k.. .Trip.. .I.!K.. .~.
... ...
.Grantors,
boundariesof the. .C.?.ty ............. .of... Muskego
for the LISC and bmefitpl al! pcrsons from timc tn time reidcnt or owninc property within the
.................... ICirs. Vtllago, Tow. Gunti-I
Waukesha ....................... .... .........
and benefit of the said. c.ity ....... .of. Muskego ....
in Its own right and as agent ior the purpose of enforcing these presents on behalf of the above
dcscrihcd class of persms. Grantees.
.County. Wisconsin, and for the use
...
(CllY, Village. Town. Gunry)
Thc premises affected by these presents (hereinafter called the Premises) arc the
,ving described lards i.1 Township. .... .5. .North, Phnge. .2.!? .East, in the County
OI~ Wauk.esha and Srate of Wisconsin, :*wit:
PART OF THE SE 1/4 OF THE SE I/& OF SECTION 8
AND THE NE 1/4 OF THE N/E OF SECTION 17, T5N, RZOE,
IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN
Mail address of the Premms is. KWIK TRIP INC, POB 2107 1626 OAK STREET, LA CROSSE, WI 54602-2107 ........................
ad that no other person has my estate or interest therein except by reason of easements for public utilities. building restrictions. dedications to
Grantors v:arr3nt and covenent that at the time of the ensealing and delivery ol these presents they are a11 of the owners of the Premises
til? cdbiic or 2uk:i: iodies, v?strcl:xnts #no: 01 recard. and nmrtgages to banlqs, savings and 1hn associations or insumnce companics.
Gral:rors rcnriscl-it :hat rttition on lhcir bh!f \vcs mzde to the. City Muskego ................... .............
pursumt to iha Io;!ay! Code ol the said. ,._.. for grant of perrnissmn LO erect and/or conduct on the Premises a use
agreements as to sxe. buiidin and opermon plans which were ixorporatcd into the Condjtional Use Grant; that based thereon Conditional
thcre 2cm)issible not by r!zix but only by Conditional Use Crent: that in connecLion therewith Grantors made certain representations and
L.scG~::l;r\.'o .... *!.& .~.i~i~~~,edllnderdateof. .Mar.ch...Z. ., I?..y3. and timr a trucrnpy thercd is on file with the
City af~~ (city. v~II~~~. .row". G~~~~)
...
Plan Commission ......................................... .ofthe. City. .............. 0.~~. .M!.SkegC. ...... :city. V,ilsac. raw". &""cy)
NOW, THEREFORE, Grantors hereby acccp: the said Conditional Use Grant and covenant strictly to comply with ail of the terms
ani conditions thereoi. This co\e,lmt shall TLUI .with the land and shall be binding on the Grantors and on all persons claimin2 any estate or
intcrul in the Premises by. through or under the Gmntors. as long as thc said Prcrnises ar: used as described in the Condirional Use Grant lor
r:w operaion of- c!ZE*ience~ ore.. .With. ~medrn. .f.u.el.,inp...epuip.m.e.nt .as ,+!dl .... 3s. .a~ .c.~.wP.Y.
In Witness Whereof, Grmtors have hereunto set their hands and seals this. .day of. ... . 19
SIGNED AS0 SEALED IN PRESENCE OF
...... .(SEAL)
CORPORATION
ACKNOV
STATE CF WiSC3XSIhr, 4s. .C:o~mty.j Personally CUI~C belore
., President
~, 19. .,
and. ., Secretary
of the above named corporation. to me known to he such persons and
oficers who executed the fcreooin:; instrument and acknowledged
purposes therein contained.
that they enecutcd the same as such ufficcrs, by its authority. for the
me this^ day of^
(LE DGMENT INDIVIDUAL
Waukesha .... ~~~~~~~~~ ". ~.. .... .County, Wisconsin, in regard to Premises at.. ..P.?.r.c.e.!. .... 3. 0:. C.S.M.. .!45.?
R.e.C.G!.E.?d.i.C.g. ~~.!9.87.3.80....in Township. .... ~~... 5 .North, Range .~~...... 20 ..... East, ..... Waukesha ...... ....._ ..... ...... ... ..... County,
State of Wisconsin, further described as follows:
PART OF THE SE 1/4 OF THE SE 1/4 OF SECTION 8 AND
THE NE 1/4 OF THE N/E OF SECTION 17, T5N, RZOE,
IN THE CITY OF MUSKEGO, WALIKESHA.COUNTY, WISCONSIN
'4RCEL 3 OF CSPi 7450, RECORDING NUMBER 1987380, VOLUME #63
x Key #2192.975
WHEREAS the Zoning Code and Zoning District Map of the abve named municipality, pursuant to State Statute,
provide that the premises may not be used of right Tor the purpose hereinafter described but that upon petition such use
may be approved by the municipality as a Conditional Usc Grant in particular circmlstances as defined by the standards
in the Zoning Ordinance; and
Petition therefor having hcen madc, and I>i.lhlic hcaring hcld thercon. and thc. ~p1a.n. commi~5?io!..
1Acring UdI.1
hereof in such form as to constitute an effective covenant running with the land.
1, ..lis Grant shall become effective upon the execution and recording by the Owners of the Premises of an acceptance
2. This Grant shall be void unless proper application, pursuant to the building and zoning codes of the municipality, for
appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within.. .X.. .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 approved site, building and operation
plans filed in connection with the Petition for this Grant, and annexed hereto.
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.
IOVERi
.i,DIC." ,&IN lll..Y"ll
i a5
6. Conditions on the Operations
a. Hours Of operation:None Specified
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.
7 Conditions on the Buildings
a. Facade material of each building side: Earth-Tone Brick
b. Entrances, Design and Location: Per Building, Site and Operation Plan
c. Signs attached to the Building, Location, Size, Design (including lighting): Per Building, Site and
d. Exterior Lighting of the Building: Per Building, Site and Operation Plan, under eaves and
e. Other.
Operation Plan - 2 Freestanding, 1 Flat wall sign on building
canopy indirect lighting, with 2 pole lights not to exceed 15 feet
8. Conditions on the Site
a. Street Access (number, location. design)' Per approval of Waukesha County
b. Off-street Parking (location and design including screening thereof) Per Building, Site and Operation
c. Loading and Service Areas (location and design) Per Building, Site and Operation Plan
d. Outside Storage of Materials, Producrs or Refuse (location and screening thereof)' None Remitted
e. Finished topography and building grades, retaining walls, storm water runaff: Per, Building Inspector
f. Landscaping of the Site and Buildings (including plant types, size, spacing) Per Landscap6 Plan as part
g. Pedestrian walkways, terraces, malls (bxntion and design) Per Building,. site, r+d peration Plan
h. Signs (Iree standing) location, size, desi:? (including lighting) Per Building, Site and Operation Plan
i. Exterior Lighting of the Site, location cl.-.i!gn and power' 2 Pole Ljghts-no more than 15 feet high
j. Other. All items to be in conitrrmancewith the approved Building, Site and Operation
Plan
...<.
,' , \ .
of the Building, Site and Operation Plan .. . .I
,.. . . -. ."_. .-
;l:u iL. f,;i:: 5;
Plan as approved by the Plan (:ommission through Resolution 1lP.C. 31-93
Receipt of a True Copy of this instrumeg on behalf of the petitioner
Note: Where che condltions are shown on maps, drawings, photographs, or similar attachments. Enter: 'See Exhibit. -___ - ~.___