156 - 8/1/2000Please see the attached
Attn: Sandi ASti
NamemdRehunAddrar
City of Muskego
Muskego, WI 53150 \5( P.O. Box 749
2260.999
2257. 973.001
No. CUG 2 (1967) LAND COVENANT
Acceptance of Conditions of Conditional Use Grant.
Grml NO.
THIS SPACE RESERVED h)f&
DOCUMENT NO.
THIS COVENANT, Made this 14th day of August, 2000.
by Erdman Motors
Grantors, for the use and benefit of all persons form time to time resident or
owing propem within the boundaries of the City of Muskego, Waukesha
County, Wisconsin, and for the use and benefit of the said City of Muskego in itr
own right and as agent for the purpose of enforcing these presents on behalf of thl
above described class of person, Grantees.
TAX KEY NO
the following described lands in Township 5 North. Range 20 East, in the County
The premises affected by these presents (hereinafter called the Premises) are
of Waukesha and State of Wisconsin, to-wit: City of Muskego W182 S8200 Racine Ave
Tax Key No. 2257.973.001 and a parcel of land located in the SE 114 of Section 25, T5N, MOE, City of
A parcel of land located in the NE % Section 25, T5N, RZOE, City of Muskego, Waukesha County, Wisconsin,
Muskego, Waukesha County, Wisconsin, Tax Key No. 2260.999
Mail address of the Premises is NE % Section 25 (MSKC 2260.999 & 2257.973.001)
Southeast Corner of Loomis Road & North Cape Rd. (USB 45)
Grantors warrant and covenant that at the time of the ensealing and delivery of these presents they are all of the owners of
the Premises and that no other person has any estate or interest therein except by reason of easements for public utilities, building
restriction, dedications to the public or public bodies, instruments not or record, and mongages to bans, savings and loan
association or insurance companies.
City of Muskego, for grant of permission to erect andior conduct on the Premises a use there permissible not by right but only by
Conditional Use Grant; that in.connection therewith Grantors made certain representations and agreements as to the site, building
and operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditional agreements as to site,
building and operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditional Use Grant No
Muskego.
156 was issued under date of August 1,2000 and that a true copy thereof is on file with the Plan Commission of the City of
Grantors represent that petition on their behalfwas made to the City of Muskego pursuant to the Zoning Code of the said
the terms and conditions thereof. This covenant shall run with the land and shall be binding on the Grantors and all person claiming
any estate of interest 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 the operation of an amendment to an existing C.U. for the purpose of vehicle sales
In Witness Whereof, Grantors have hereunto set their hands &? eals this 2 7 &? f*b 2002.
NOW, THEREFORE, Grantor hereby accept the said Conditional Use Grant and covenant strictly to comply with all of
____.__ ______. 1 ___ -".---(SEAL) SIGNED AND SEALED IN PRESENCE OF
I
.......................................................... ~ ........".." )
TYPE NAME HERE
IF A CORPORATION,
ACKNOWLEDGMENT
CORPORATION
STATE OF WISCONSIN)
WAUKESHA COUNTY) Personally came before
and
)SS
me this day of ,2002.
Secretary of the above me corporation
President
foregoing Instrument and acknowledged that they executed
to me known to be such persons and officers who executed
same as such ofticers, by its authority, for the purposes
contained.
THIS INSTRUMENT WAS DRAFTED BY
INDIVIDUAL
STATE OF WISCONSIN)
WAUKESHA COUNTY) Personally came before me
this3 7 day of Fc h 2002, the above named foregoing
ha/< Gbdrnana flAr/s Lrdnann
to me known to be the persons who.cxecuted. e foregoing
instrument and achowledeed the same:'
)SS
.~ &
_.
S~s.62.23,61.35,60.74and59.91 Wir.Slals.
3efore the Plan Commission of the City of Muskego, Waukesha County, Wisconsin, in regard to Premises
It NE !4 and SE !A Section 25 in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
iuther described as follows:
A parcel of land located in the NE X of Section 25, T5N, RZOE, City of Muskego, Waukesha County. Wisconsin,
Tax Key No. 2257.973.001 and a parcel of land located in the SE X Section 25, T5N, WOE, City of Muskego,
Waukesha County, Wisconsin, Tax Key No. 2260.999
WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to
itate Statute, provide that the premises may not be used of right for the purpose hereinafter described but that
lpon petition such use may be approved by the municipality as a Conditional Use Grant in particular
:ircumstances as defined by the standards in the Zoning Ordinance; and
Petition therefore having been made, and public hearing held thereon, and the Plan Commission of the
:ity of Muskego having determined that by reason of the particular nature, character and circumstances of the
lroposed use, and of the specific and contemporary conditions, grant of such use upon the terms and condition:
[ereinafter prescribed would be consistent with the requirements of the Zoning Ordinance:
NOW, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter
tated, that the Premises may be used for the purpose of an amendment to an existing Conditional
lse for the purpose of vehicle sales.
GRANTED by action of the Plan Commission day of August, 2000.
Attest: (Seal)
David L. De Aneelis
Title
(Mayor. President. Chairman)
Title
(City. Village, Town County) Clerk
Original filed in the office of the Plan Commission of the City of Muskego.
Signed: &dhA .&. & Sandra S. hti
The CONDITIONS of this Grant are:
. Ths Grant shall become effective upon the execution and recording by the Owners of the Premises of an
. This Grant shall be void unless proper application, pursuant to the building and zoning codes of the
acceptance hereof in such form as to constitute an effective covenant running with the land.
municipality, for appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant,
is made within .. months of the date hereof.
of this municipality.
operation plans filed in connection with the Petition for this Grant, and annexed hereto.
shall be made a part of their lease by the Owner, whtch shall contain provisions for posting of the pertinent
conditions to notify employees thereof.
I. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code
I. Construction and operation of the use granted shall be in strict conformity to the approved site, building an(
;. Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises
(OVER)
NIEDECKEN 46m MILWAUKEE
'. Conditions on the Operations See attached Resolution #P.C. 161-2000
a. Hours of operation
b. Performance standards relating to noise, vibration, odor, smoke or dust:
c. Water supply requirements:
d. Provisions for sewage disposal:
e. Other:
'. Conditions on the Buildings See attached Resolution #P.C. 161-2000
a. Facade material of each building side:
b. Entrances, Design and Location
c. Signs attached to the Building, Location, Size, Design (including lighting):
d. Exterior Lighting of the Building:
e. Other:
1. Conditions on the Site See attached Resolution #P.C. 161-2000
a. Street Access (number, location, design):
b. Off-street Parking (location and design including screening thereof):
c. Loading and Service Areas (location an design):
d. Outside Storage of Materials, Products or Refuse (location and screening thereof):
e. Finish topography and building grades, retaining walls, storm water run-off
f. Landscaping of the Site and Buildings (including plant types, size, spacing):
g. Pedestrian walkways, terraces, malls (location and design):
h. Signs (free standing) location, size, design (including lighting):
i. Exterior Lighting of the Site, location design and power:
j. Other:
Receipt of a True Copy of this instrument on behalf of the
petitioner acknowledged the 27 day of, 2002. kb
~-~~~-~-~.~~~"~-~"~~~~ """""""""
Sandi Asti
Note: Where the conditions are show on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit
AMENDED AND ADOPTED
RESOLUTION #P.C. 161 -2000
APPROVAL OF THE CONDITIONAL USE AND AMENDMENT TO THE BUILDING
SITE AND OPERATION PLAN FOR THE SALES AND SERVICE OF AUTOMOBILES
AND THE PARKING OF RENTAL VEHICLES, FOR ERDMANN MOTORS AT THE
PROPERTY LOCATED AT S98 W12578 LOOMIS DRIVE IN THE NE X OF SECTION
25
(TAX KEY NOS. 2257.982 AND PART OF 2257.973.001)
WHEREAS, Plans were submitted on July 31, 2000 by Mark and Dale Erdmann for the
amendment to the Building Site and Operation Plan for the property identified by Tax
Key No. 2257.982 and part of 2257.973.001, and
WHEREAS, The property is zoned 64, Highway Business, and also has a conditional
use for the sales and service of automobiles on the northwest corner of the
intersection, and
WHEREAS, Previously approved plans permit a maximum of ten (10) rental units to be
parked at the site on the southeast corner of the intersection on an 18 x 20’ cemented
pad area with an annual review of the property’s status, and
WHEREAS, The petitioner is requesting to move the rental vehicles to the northwest
corner of Loomis Road and North Cape Road, and relocate the salable vehicles to the
southeast corner. and
WHEREAS, The Public Hearing to amend the existing Conditional Use Grant was held
before the Plan Commission on July 18, 2000, and
WHEREAS, The plan illustrates the location for 33 automobiles, and
WHEREAS, The parking lot will be constructed of hot-rolled asphalt and meets the
Code requirements for setbacks from the property lines, and
WHEREAS, The drive access along STH 45 will be chained to prevent entry, and a
sign will be placed directing traffic to the Loomis Court access, and
WHEREAS, Landscaping is proposed along Loomis Court, and said landscaping
should not be located in the vision triangle as identified by WisDOT, and
WHEREAS, Said landscape should be juniper shrubs or compatible, and
WHEREAS, No additional signage is proposed for the site, and
WHEREAS, Drainage of the site is required to be approved by the City Engineer, and
WHEREAS, An annual review before the Plan Commission shall continue to be
@ I665 MR-53
required for the Conditional Use Grant.
THEREFORE BE IT RESOLVED, The Plan Commission approves the amendment to
the Building Site and Operation Plan and the Conditional use grant to allow the parking
of rental vehicles on the northwest corner of Loomis Drive and STH 45 and the parking
of salable vehicles on the southeast comer for Erdmann Motors located at S98
W12578 Loomis Drive (Tax Key Nos. 2257.982 and part of 2257.973.001).
BE IT FURTHER RESOLVED, That previously approved plans are kept on file in an
address file in the Building Department and all aspect of this plan shall be maintained
in perpetuity unless otherwise authorized by the Plan Commission.
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.
Plan Department
City of Muskego
Adopted: August 1, 2000
Defeated:
Deferred:
Introduced: Auqust 1, 2000