147 - 7/6/1999t
Dosumem Number
Please see attached
WRUKESHR COUNTY, WI REGISTER'S OFFICE
RECORDED ON
MICHREL J. HRSSLINGER REGISTER OF DEEDS
MSKC 2186.993
of Muskego
Box 749 w
.ego, WI 53150 del/(:
,: Sandi Asti \TI
,inutm8, 14 8econdm East, 657.74 feet to a point; thence North 87 degrees, 32 minutes, 41
30.83 feet South of the Northwest corner of said 1/4 Section; thence North 87 degrees, 00
econds East parallel to the North line of said 1/4 Section, 658.80 feet to a point in the
ast line of the Northwest 1/4 of Section 7; thence South Ob degrees, 02 minutes, 18 seconds!
orthweet 114 of Section ?; thence South 87 degrees, 38 minutes, IO seconds Want along tho
ant along said East line, 513.52 feet to the Southeast corner of the Northwest 1/4 of the
outh line of said Northwest 1/4 of the Northwest 1/4 of Section 7, 1024.80 faet to a paint;
hence North parallel to the West line of said 1/4 Section, 150.00 feet to a point; thence
outh 87 degrees. 38 minutes, 10 seconds Weet and parallel to the South line of the Northwes
/4 of the Northwest 1/4 of Seetion 7, 291.00 feet to e point in the West line of said 1/4
ection; thence North along the West line of said 1/4 Section, 355.17 feet to the place of
eginning. -
W219 S7278 Crowbar Road Mail nddrcss of the Premircs is. _.. ... ................. ................... ....................... ._ .....
Intc~c~t in rhc Prcnriau ,y, throu I? or undcr the Cmnto#. as long os thc said Prclnks nrc uxd us dcscrlkd In tllc Conditionul USE Grunt lor
tile opcrotlon or: a 13b ft. Ea11 monopole telecompmications tower ...... ..... . ............................... .... .... -. ........
In WitnCf.8 Whcrcol, Grnnron hsvc hcrcunto sct thelr hands and seals thls. .Lo* .day of. .&ro~>..t .......... . 19.99.
SIGNED AND SEALED IN PRESENCE OF
, .- .... ...
.........
CORPORATION
.(SEAL)
ACKNOWLEDGMENT
STATE OF WISCONSIN. Milwaukee ............... .... -. . ... .&unty.J Personally come bclorc
.Cb.~.~~..~~..~~.~~~.~....~~.~~.~~l.,.M.?.~.ag~.~ .. - me this .............. 10th ,.day of. .......... August, .. 19. ....... 99
and. .... ........
or tile obovc lramed corpcrarlon. to lmc Iaow to be SLICII pcrsoq ond
., Sccrctsry
officer/ who uccvtcd rlx Iorcgoirrc Instrument md Ircknowlcdged
tlmr they cxccnted the same os such ollicern by its authority. lor the
purpow thcreln containcd, as general partner of Grantor.
,*16 IIISIIUYCHT WA. 01.A.110 rn" &*& d. ObL (SEAL)
Sandra S. Asti
INDIVIDUAL
STATE OF \\'ISCONSIN. ... .... }s. .-.Cnunty. Penondly cnmclxlo<e
rnc thls ..... .doy 01. ___ ...... ... ,*. .... 19. ..
the above norncd. !, ............... ...
, " - - - -. ............ -. ... .......
to nrc Iknown to 1.e the persons w110 cxecuwJ the lofcgolnc Instrulncnt
mrd ocknowlcdCcd the
i ......... ..A ...... i': .. '_ ) ,..,
Norory I'ubiic. Stat= of Wirconrln /
d
Ccforc thc. ............. .or the. Plan Commission city Muskego ........ .........
(Artll~~: Udg) Waukesha (Cll", vllllln;. I;,*,,, c.n,mVl nf.
.Cmlnty, \Visconsin. in regard to I'rcmiscs at. W219 57218 Crowbar Road .... .............. ....
............. .in 'I'ownship. 5 ...... North. Ran1:c ............ 20 ..East.. ......... Waukesha ................. .County. Stntc or Wisconsin. further clescribcd as ~OIIOWS:
Commencing at a point in the West line of Said 114 Section, 830.83 feet South of the
Northwest corner of said 114 Section; thence North 87 degrees, 00 minutes, 14 seconds
East, 657.74 feet to a point; thence North 87 degrees, 32 minutes, 41 seconds East
parallel to the North line of said 1/4 Section, 658.80 feet to a point in the East line
East along said East line, 513.52 feet to the Southeast corner of the Northwest 114
of the Northwest 114 of Section 7; thence South 00 degrees, 02 minutes, 18 seconds
West along the South line of said Northwest 114 of the Northwest 1/4 06 Section 7,
of the Northwest 114 of Section 7; thence South 87 degrees, 38 minutes, 10 seconds
1024.80 feet to a point; thence North parallel to the West line of said 114 Section,
to the South line of the Northwest 1/4 of the Northwest 114 of Section 7, 291.00 feet
150.00 feet to a point; thence South 87 degrees, 311 minutes, 10 seconds West and parall
to a point in the West line of said 114 Section; thence North along the West line of
said 1/4 Section, 355.17 feet to the place of beginning.
WIEREAS thc Zoning CoJe ancl Zonin; UistricL Map of thc ~:OVC namcd municipality. pursuont to SLXC Statute,
provide that tllc prcmiscs may not be used of right for the purpose hercinnftcr dcscribcd but that upon petition such use
may be approvcd by tllc municipality as a Conditional Use Grnnt in particular circumstances as dcfincd by the standards
in the Zoning Ordinancc: and
Pctition thcrcforc having bcen nmdc, and public hearing held thereon. and the. Plan ........................................ Commission
City Muskego
IActlw I<*JyI
of thc. ................ of ................. .... ... ... .Ilaving detcrminccl that by rcnsnn of thc
particular naturc, charxtcr and circulnstonccs of thc proposed USC, ancl of the specific and contcmprary conditions. grant
of such usc upon thc term and conditions hcrcinaltcr pxscribcd would hc ConsisLent with tllc rcquircmcnts of thc Zoning
Ordinancc:
1cw. vlllng.. To.:". G""tYI
Now, dlerclorc, l'r IS GRANTED, suljccl. to cornpliancc wid1 the tcrnu and conditions Ilereinnftcr stated. that'
thc Prcmise, may lic used for thc purpsc or. !.>!? .f!?Qt. .tal.l...mon.Og.O.le. .Ee.l.ec.O.~"n.~C~.~;S.OX1S. .c?YsX.;.. . " ......... ... .........
GT~NTED ily oction of the. .PT.an..
the. ...... .day of. ............... July
Attcst';
DriginaI filccl in LIIC officc nf the. _.. ... ... .or thC. ... .......... of.. ................... PLar. Departme1.t City Muskego
(~~t~,,v~~~g;r~:, C-WI
...
Signcd:..bdAkC. .d. U ........ .... -
The CONDlTIONS of this Cront arc:
I, This Grant shall lxcomc cffcctivc rlpn thc cxc;ution ond recording by the Owners or the Prcmises ol an acccptancc
hercof in such form as to constitute an cllcctive covcnant running with thc Innd.
2. l'llis Grant s11a11 Lx void unless propcr applirntion. pursuant to thc building and zoning codcs or tlx n~t~nicipality, lor
appropriate Building. and Zoning Use and Occuponcy Permits in conformity to this Grant, is nladc within. .months
ol the date hcrcof.
3. This Grant is sulijcct to nmendmcnt and tcrrnination in accordancc with Lhc provisions ol the Zoning Codc or this
municipality.
4. Construction and operetion of the use granrcd shall be In strict conlormiry LO thc approved site. building and operation
plnns f1lcd.jn.conncction with the Pctition lor this Grant. and onncxcci Iwcco.
5. Any of the caditions ol this Grant which would normally be the rcsponsibility of tenants of the prclniscj shall bc made
n part of their lcasc by tllc Owner. wllich lcnsc shall contain provisions lor posting of rhc pertinent conditions to notify _" crnployccs thcrcnl. "- ......... ,ON ..........
j. Conditions on tllc Operations See attached Amended Resolution #P.C, 73-99 Li
a: Hours of operncion:
b.'Perforrnance stnndards relating to noise. vibration, odor, smoke or dust:
c. Water supply rcqulrements:
d. Provlrionr lor sewege dispsal:
e. Ocher:
7 Conditions on tl1c MlJiws See attached Amended Resolution #P.c. 73-99
a. Facndc mnterial of each building side:
b. Entrances, Design and Location:
C. Signs attached to the Building. Locution. Six. Dejign (including lighting);
d. Extcrior Lighting of the Building:
c. Other,
8. Conditions on thc Sitc See attached Amended Resolution #P.C. 73-99
a. Street Access (number. location. design):
b. OK-Strcct Parl;ing (locotion and dcsign including scrccning thcrcol):
c. Loading ontl Scrvice Areas (locotlon ond dcsicn):
(1. Outsidc Storage of Mnterinls, Products or Rcltlsc (locntion'snd screening thereof):
e. Finished topogruphy ond buildin; grnclej, rctalnlng walls, storm \voter run-off:
1. Landscaping of the Site and Buildings (including plant types, sire. spacing):
6. Pedestrian wallways. terraccs. malls (lcmtion nnd design):
h. Signs (Irce standing) location, sire. dcsign (including lighting):
i. Exterior LiChtinn, oI tlx Site. locntlon dcsign nnd power:
j. Other,
AMENDED
RESOLUTION #P.C.73-99
APPROVAL OF CONDITIONAL USE GRANT AND BUILDING SlTE AND OPERATION
PLAN FOR A 150 FOOT TALL MONOPOLE TELECOMMUNICATIONS TOWER FOR
MLWAUKEE SMSA LTD PARTNERSHIP
AT THE PROPERTY LOCATED AT W219 S7278 CROWBAR ROAD
(TAX KEY NO. 2186.993)
WHEREAS, Plans were submitted on June 4, 1999 by Milwaukee SMSA Ltd. Partnership
for a conditional use grant and building, site and operation plan for 150 foot tall monopole
telecommunications tower at the property located at W219 S7278 Crowbar Road, and
WHEREAS, Said property is currently zoned RCE Country Estate District, with OIF'
lnstitutional and Public Service Overlay District, and said use is a permitted use by Conditional
Use Grant, and
WHEREAS, Said property is currently occupied by a 420 foot tall communications tower,
and said tower is at its maximum design capacity and Cannot be structurally altered to permit
colocation of additional facilities, and
WHEREAS, the public interest would be served by enhancing wireless communications
and emergency 91 1 capabilities, and
WHEREAS, the Business Site and Operations @SO) Plan for the proposed 150 foot
communications tower would provide space for three (3) locators, being the current applicant
with up to twelve (12) antennas and one (1) GPS array for the current applicant, and two
(2) future colocators, and
WHEREAS, Said BSO Plan conforms to the bulk regulations of the zoning code.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional
Use Grant and Building, Site and Operation Plan submitted June 4, 1999 by Milwaukee SMSA
Ltd. partnership for a 150 foot tall monopole telecommunications tower at the property located at
W219 S7278 CrowbarRoad.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
Department and that all aspect of this plan as they relate to landscape areas and drainage shall be
maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That if occupancy is requested prior to the completion of
landscaping and/or asphalting, a bond, letter of credit or cashiers check equal to twice the value of
said costs must be submitted to the Planning Department.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in
this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action,
or both.
THEREFORE BE IT FURTHER RESOLVED, That any new Building Site and
Operation Plans submitted for additional colocators would need to appear before the Plan
Commission.
Plan Commission
City of Muskego
Approved 07-06-99
Denied
Deferred
05-27-98