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157 - 3/21/2000URUKESHFl COUNTY, UI REGISTER'S OFFICE RECORDED ON 11-28-2000 1:31 PM MICHREL J. HASSLINGER REGISTER OF DEEDS 2295.996 Pmd IdaI&=thn N-ber PRil w Raodi AN Nunc and Rdnm Mbrrr City of Muskego Attn: Sandi Asti Post Office Box 749 Muskego, WI 53150 ................................. .............. ...""" ...................................................... ...................... ... ............ .arnnterm, lor the usc ond bencfi; of dl perwns rrom tirnC to time mldent or o~vvn~,rg property w~l~l~n tijc bdulcdarlcfafrhs,. .... h!3! ....................... of ....... fh4heN ............................................... .................... Waukesha LCI,~. VIII~,:~. row". cWunlr~ ........................................................................... .County, Wlsconrlrr, and for the use ond benefit or thc sald ............................... city or., ..... hskega. In It: own rlpllt and os agcnt ror the purposc of cnforcln: tllcsc presents 011 bcllolf 01 tlrc obovc City of Muskego 'hc prcmlrer allectcd by ther prealrt$ (Ircreinoftcr collcd the Prcrnho) ore the BIlURM TO1 donorlbd olm or prLonn, Orantoom. TAX nw NO. 2295,996 LClty. VIIIau#. Tmn, - follou~lng dezc:ilxJ lands in Townslrlp ....... 5.. .Korrl~, Ibncc. .2Q. .East, in 11): County Attn: Sandi Asti or. .kla&esha .and Sratc or \Visconsin. ro-wit: Post Office Box 749 JLlSkegr)+41L3m ...""_ Being the SW k of the NW k of the SW k of Section 34, T5N, RZOE, City of Muskego, less that part being dedicated as Loornis Road. ,).. ... ......... and that no other wrwn has any cstotc or Interest thcrcin cxccpt by rcoson or coxmcncs lor publlc utllitles. bulldlng restrlctions. dcdlccltlonr to Grnnrors \i.ilrI'atx wd covcnant thnt nt the rime or thc cnscolin~ ond dcllvcry 01 thcsc prcsnts thcy orc dl or thc owners 01 thc PruniwJ the public or public bodies. instruments not of record. and mortgages to banla, sovlngs ord Ian ossocintions or insurancc companies. Grantors rcprcrclv thot petlcion on their +!roll wns lnotlc to the. ...... city, .............. .of.. .... &JSkE!gQ.. ... pursuant to the Zoning Code or the seid ................. C1ty ._. .. lor crant of pcmmlssion to ercct and/or conduct on the Prernixs o use there pcrnrlssiblc not by right but only by Conditional Usc Grant: rhot in conncccion thircwith Grantors rnodiccrtnln rcprocntotions and acrecmcnu os to site. bulldinc and operotion plans which wcrc incorporotcd Into the Condltionol Use Grant: thnt bold thcrcon Conditlonol Use Cranth'o. .~. .~ .was iuucd undcr dore or. .M.XGh. .~.1.%. _. laQW nnd rhot a trul:copy tlrcrcor is011 mc 4th tlic (clcy. vuluEc. 'rolm. GuntyF (City. VI:lape. Town. &my) .~h...~msslan. ... .of thc. .City. ............... or .... .Muske a ... NOW, THEREFORE, Crontorr hcrcby occcpt the sold Condltlonnl Usc Grant and covcnont strictly to comply with 011 or the terms anJ conditlons rlicrcol. This covcnunt sllnll run with tlrc lund ond sIx111 bc bindlrq: on thc Crmturs rmd on 011 lursons cluimilr:: nny cmlc or Inlcrcst in tix Pwmiscs by, throu~h or undcr tix Cronror!. os I~J os rhc soid Prcmiscr nr~ vrcd os dcscrllxd in tlx Condltionul USL: Crnnr for tllc operntlon of: ... .EO.! .... m0no~l.e ... .Eel.eco~u.n.lca.t.~.on~.. .SYW. .&.,.~wxEw.L .~.h.d..te.r .... In Witness Whcrcol, Crnntors hove hcrcunto sct their hands ond seoh this. .day of. ........ ..... .. , 19. SICKED AND SEALED IN PRESENCE OF STATE. OF WISCONSIN. \ .................. ... .C3sn:y.j"S. "--nc!ly . - ". ECII,C Llc:orc me this., ,.day of. .... .. 19. .. ...... .. Prcsidcnt and ................. .. Sccrcrary of tlrc obvc nalncd corparetIoI1. to ~mc known to bc SLICII I)crwIrs or.? orficers who uccurcd tllc forcgoinc instrument ond oclmowlcdgcd purpow thcrcin contained. that bey cxccutcd tkc same as such oficcrs. by its ordrorily. lor the ............ (SEAL) ....... (SEAL) Before rhe ....................................................... Plan Gnnnissjpq of the. .... l;d. jlf;y............. 0.. ................................................................. (AcUns WY) Cltv. Vlllut, Tm. Carntvl County, Wlsconsin, In regard to Prernhw a. .....w ... 1..4 .... ......................................... ..[.Tax.. .K.es ... 22.9.5 .... 9.96.) ..... in Township north, Range .......?..l)..... East. ................................................... Waukesha County, State of Wisconsin. further described as follows: .~ Wnukeeha ~. . ............................................... Being the SW 1/4 of the NW 1/4 of the SW 1/4 of Section 34, T5N, R20E, City of Muskego. less that part being dedicated as Loomis Road. WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to State Statute, provide that the premises may not be used of right for the purpose hereinafter described but that upon petition such use may be approved by the municipality as a Conditional Use Grant in particular circumstanca as defined by the standards in the Zoning Ordinance; and Petition therefore having been made, and public hearing held thereon, and the .... pk...CQmiS.sicm.. ................ of the. .............. of ..... .&keg?.. ..................................................... having determined that by reason of the of such use upon the terms and conditions hereinafter prescribed would be consistent with the requirements of the Zoning particular nature, character and circumstances of the proposed use, and of the specific and contemporary conditions, grant Ordinance: Now, therefore, IT IS GRANTED, sub'ect to compliance with the terms,and conditions hereinafter stated, that the Premises may be used for the purpose of. ................................................................... installation of a 190 F.%!.OE!o&.~,:fl!R!? ........................... (Acrlnr MY) (Clry. VIIIage. Tom. Gunty) .. telecommunicatron.s. .t.o.w.e.r...an.!! .... e:.gui.g.me .nt...Zhel.ter ................................................... ~ ........ : ............. GRANTED by action of the ...P~a~..~~.~i~s.~~n ..... of the.Siif;y. ................... of .... ........... .................... :.. the. ....... 2.1 ........ .day of. ...... Mula .?Xh... .............. .., m.O.0. Attest: ............... c , 9. ~. ,, -1 ............... (Mayor, Reddmt. Qlalrmsn) Original filed in the ofice of the ..... !!E!. .@!??k!Si.? ............... of the. .C.itY. ................ of ....... Muskeg0 ........................ I (Clry. v111.gc. OW", Guntyl Signed:..,,<!.AW-&A ...... d*...&.: ................................... - The CONDITIONS of this Grant are: Sandra S. Asti hereof in such form as to constitute an effective covenant running with the land. 1, This 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 of the date hereof. appropriate Building, and Zoning Use and Occupancy Pennits 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. 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. ~- - - 1m0.0.1. InN "lL.1Y.l. .-A . . . . . . . . lJOU 28 00 0 0 -6. Conditions on the a. Hours of operation: b. Performance standards relating to noise, vibration, odor, smoke or dust: c. Water supply requirements: d. Provisions for sewage disposal: See Attached Resolution P.C. #51-2000 e, Other: 7. Candltlann on the Buildings Sa0 attached Rssolution P.C. #51-2000 a. Facade material of each building 8ide: b. Entrances, Design and Location: C, Signa attached to the Bullding, Locetlon, She, Boalgn (including Ilghtlng): d. Exrerlor Lightlng of the Bulldlng: e. Other: 8. Conditions on the Site See attached Resolution P.C.. #51-2000 a. Street Access (number, location, design): b. OffStreet Parking (location and design including screening thereof): c. Loading and Service Areas (location and design) d. Outside Storage of Materials, Products or Refuse (location and screening thereof): e. Finished topography and building grades. retaining walls, storm water rUn4-T: f. Landscaping of the Site and Buildings (including plant types, size, spacing): g. Pedestrian walkways, terraces, malls (location and design): h. Sips (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.............. .day of ..... ._..____.____.__....__ ______._.., 19. ____ lu'ote: Where the conditions ore shown an maps. drawings, photographs. or slrnllar sttechmcnu, Enter: "See Exhibit. iJOU 28 00 @'I 9 'i 2 I. RESOLUTION #P.C. 051-2000 APPROVAL OF CONDITIONAL USE GRANT AND BUILDING SITE AND OPERATION PLAN FOR A 190 FOOT TALL MONOPOLE TELECOMMUNICATIONS TOWER FOR THE SPRINT, REPRESENTED BY MI. INC. AT PART OF THE ADDIS PROPERTY LOCATED ON LOOMIS ROAD (TAX KEY NO. 2295.996) WHEREAS, Plans were submitted on August 6, 1999 by the WTI (f.k.a. The Walter Group) for a conditional use grant and building, site and operation plan for 190 foot tall monopole telecommunications tower at part of the property located at S107 W18677 Muskego Dam Road (Tax Key No. 2291.997), and WHEREAS, A structural analysis is required to indicate that structures located within one (1) kilometer are not viable alternatives to the proposed structure and cannot be structurally altered to permit co-location of additional facilities, and the City's telecommunications consultants have documented that no existing structures are available to allow for colocation of this facility, and WHEREAS, Upon review the Plan Commission requested petitioner to evaluate other sites within their search ring, generally being west of the Superior Emerald Park landfill and east of Loomis Road, and WHEREAS, On March 7, 2000 petitioner informed the Plan Commission that an alternate site had been secured, said site being the Addis properly. identified as tax key number 2295.996, and on March 13,2000 petitioner submitted plans for said site, and WHEREAS, Petitioner has submitted site plans indicating the proposed tower location in relation to lot lines, and indicating proposed access, and WHEREAS, Access will utilize an existing field access point without modifications, and WHEREAS, Site plans indicate that the proposed equipment shelter will be screened from view by existing tree cover. and WHEREAS, A structural analysis is required to indicate the capacity for co-location of the proposed structure, and the City's telecommunications consultants have recommended that the tower's design accommodate the colocation of at least four additional Service providers, and WHEREAS, A statement is required to be provided to the City indicating that the FCC emissions guidelines are complied with, and no information has been provided to the Ci, and WHEREAS, FAA, DILHR, and WsDOT approval indication are required, and no information has been provided to the City, and WHEREAS, the public interest would be served by enhancing wireless communications and emergency 91 1 capabilities, and WHEREAS, the Business Site and Operations (BSO) Plan for the proposed 190 foot communications tower would provide space for five (5) locators, and WHEREAS, Said BSO Plan does not conform to the bulk regulations of the zoning .a Resolution #PC C ?OO I4OU 28 00 0 0 0 9 'i 3 0 code, but the applicant has petitioned for conceptual review of a rezoning request to grant OIP Institutional and Public Service Overlay zoning. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant and Building, Site and Operation Plan submitted March 13, 2000 by the WTI Inc. (f.k.a. me Walter Group) for 190 foot tall monopole telecommunications tower at part of the Addis property located on Loomis Drive (Tax Key No. 2295.996). BE IT FUTHER RESOLVED, That this approval is subject to petitioner's application for, and Common Cbuncil's grant of, OIP Institutional and Public Service Overlay zoning, and failure to receive such zoning shall make this approval null and void. BE IT FURTHER RESOLVED, That prior to requesting any building permits for any site improvement, petitioner shall submit evidence of a recorded easement surrounding the tower of a radius equivalent to 40% of the tower height, for hardware, paint. and ice fall. BE IT FURTHER RESOLVED, That notifications prior to requesting any building permits for any site improvement, petitioner shall provide copies of all FAA, DILHR I Department of Commerce, and WisDOT. BE IT FURTHER RESOLVED, That prior to requesting any building permits for any site improvement, petitioner shall provide copies of the tower's structural analysis to the city. for review by the City's telecommunications consultants and I or City Engineer, which demonsbate that the monopole tower and equipment shelter can accommodate at least four (4) additional colocators. 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 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 03-21-00 Denied Deferred Introduced March 21,2000 ATTEST. Sandi Asti, Recording Secretary Page 2