159 - 1/16/2001W'"""'''"" % Acceptance of eo..- .I ndltlond Um Grant.
-. .. .. . . , ..
-
THIS COVENANT, Made this 24th day of January, 2001.
by Mike and Diane Kostecki.
Grantors, for the use and benefit of all persons form time to time resident or
owning property within the boundaries of the City of Muskego, Waukesha
County, Wisconsin, and for the use and benefit of the said Clty of Muskego in its
own right and as agent for the purpose of enforcing these presents on behalf of the
above described class ofperson, Grantees.
TAX KEY NO
2193.125
The premises affected by these presents (hereinafter called the Premises) are u'wm TO:
the following described lands in Township 5 North. Range 20 East, in the County
City of Muskego of Waukesha and State of Wisconsin, to-wit:
Am: Sandi Asti
Wl82 S8200 Racine Ave
Muskego. WI 53150
Lots 19,20 and 21 of Block "B", Muskgeo Beach Park Addition, being located in the SE % of Section 9, T5N
MOE, City of Muskego, Waukesha County, Wisconsin.
Mail address of the Premises is S75 W17510 Janesville Road,
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 mortgages to bans, savings and loan
association or insurance companies.
Grantors represent that petition on their behalf was made to the City of Muskego pursuant to the Zoning Code of the said
City of Muskego, for grant of permission to erect and/or conduct on the Premises a use there permissible not by right but only by
and operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditional agreements as to site,
Conditional Use Grant; that in connection therewith Grantors made certain representations and agreements as to the site, building
building and operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditional Use Grant No
was issued under date of January 16,2001, and that a hue copy thereof is on tile with the Plan Commission of the City of
Muskego.
the term 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
2001 Conditional Use Grant for the operation of Kinedom Care Child Center.
NOW, THEREFORE, Grantor hereby accept the said Conditional Use Grant and covenant strictly to comply with all of
In Witness Whereof, Grantors have hereunto set their
SIGNED AND SEALED IN PRESENCE OF
.. . . . . .. . .. . .". .. . .". __. . . . . . . . . . . . . . . . . . . . . . . . . . .. ." .. . ." .. . . . . . . . . . . . )
CORPORATION
STATE OF WISCONSIN)
WAUKESHA COUNTY)
me this day of
Personally came before
and
to me known to be such persons and officers who executed
same as such officers, by its authority, for the purposes
foregoing instrument and acknowledged that they executed
THIS INSTRUMENT WAS DRAFTED BY
contained.
)SS
,2001, President
Secretary of the above name corporation
(SEAL)
Kimberly A. Chavie and Kellie Renk
TYPE NAME HERE
IF A CORPORATION,
""........."""""""" " """"""""" ." (SEAL)
INDIVIDUAL .I ,.' <. . .!
STATE OF WISCONSIN) r.: ,;. ,, - '
WAUKESHA COUNTY) ' , ;,, : i \.
this38 day of re b 2001, the above:$amedf+<egoing
Persoit& came before mi
to me known to be the persons who executed'ihe foregaiiig
instrument and acknowledged the same.
. -. >~
,.; ,!..I :, .'.. : ,. >; ,,
)SS
,.
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11 I c/1qc I Kcl.-lrct, ;. I. I , ;;\ ',
" /LAULfL "" d...& .".""".."..
ondta S. RA&
Notary Publlc, State of Wisconsin
My Commission expires /d - 8 / . dd
Before the Plan Commission of the City of Muskego, Waukesha County, Wisconsin, in regard to Premises
at S75 W17510 Janesville Road in Township 5 North, Range 20 East, Waukesha County, State of
Wisconsin, further described as follows:
Lot 19,20, and 21 of Block "B", Muskego Beach Park Addition, belng located in the SE !4 of Sectlon 9,
r5N MOE, City of Muskego, Waukesha, County Wisconsin.
WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to
State Statute, provide that the premises may not be used of right for the purpose hereinafter described but that
lpon petition such use may be approved by the municipality as a Conditional Use Grant in particular
ircumstances as defined by the standards in the Zoning Ordinance; and
Petition therefore having been made, and public hearing held thereon, and the Plan Commission of the
City of Muskego having determined that by reason of the particular nature, character and circumstances of the
xoposed use, and of the specific and contemporary conditions, grant of such use upon the terms and conditions
lereinafier prescribed would be consistent with the requirements of the Zoning Ordinance:
Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter
itated, that the Premises may be used for the purpose of Kingdom Care Child Center.
GRANTED by action of the Plan Commission of the City of Muskego the 16th day of January, 2001.
,I
,,,,:>:::!,:
J$ K. Marenda
Title Clerk - Treasurer
(City. Village. Town, County) Clerk
Original filed in the office of the Plan Commission of the City of Muskego.
Signed: J. &
The CONDITIONS of this Grant are:
. This 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.
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 and
i. Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises
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, which shall contain provisions for posting of the pertinent
conditions to notify employees thereof.
(OVER)
NIEDECKEN 467N MILWAUKEE
i. Conditions on the Operations See Attached Resolution #P.C. 004-2001
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. 004-2001
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:
. Conditions on the Site See Attached Resolution #P.C. 004-2001
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 24 day of, 2001. JA n
d, Lflj’,
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: “See Exhibit
IIflRA 6 01 0 01 2 0 7
AMENDED
APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AND CONDITIONAL USE
GRANT FOR KINGDOM CARE DAY CHILD CARE CENTER LOCATED IN THE SE %
OF SECTION 9
(TAX KEY NO. 21 93.125 / S75 W17510 JANESVILLE ROAD)
RESOLUTION #PC 004-2001
WHEREAS, Plans were submitted by Mike and Diane Kostecki for a Building, Site and
Operation plan and Conditional Use Grant for the Kingdom Care Child Care located at
S75 W17510 Janesville Road on January 14, 2000, and
WHEREAS, The property is zoned B40ED Highway Business District as modified by
the Existing Development Overlay District, and the Plan Commission has determined
that the proposed use is permitted by Conditional Use Grant, and
WHEREAS, The property contains an existing 800 square foot structure to be
refurbished to accommodate the day care center, and
WHEREAS, Interior alterations must be in conformance with all State and Federal
Code and licensing requirements, and
WHEREAS, A maximum of 16 children of ages 6 weeks to 24 months are proposed to
be accommodated on site, and are proposed to be served by up to four adult
employees, and
WHEREAS, No outdoor lighting or landscaping changes are proposed, and the existing
signage may be refaced, and
WHEREAS, A no change to the existing parking lot is proposed, and,
WHEREAS, All required State and Federal licenses must be obtained prior to
occupancy, and
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a building,
site and operation plan and conditional use grant for the Kingdom Care Child Center
located at S75 W17510 Janesville Road.
BE IT FURTHER RESOLVED, The Plan Commission shall evaluate the adequacy of
the existing parking area one (1) year after occupancy, and may place additional
requirements on the petitioner at that time.
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 building
facades and drainage shall be maintained in perpetuity unless otherwise authorized by
the Plan Commission.
* .,
BE IT FURTHER RESOLVED, If petitioner does not commence construction activity or
otherwise begin operation pursuant to this Conditional Use grant within 24 months of
the date of approval the Conditional Use Grant shall expire and this approval shall be
null and void.
BE IT FURTHER RESOLVED, Where uses authorized by this Conditional Use Grant
are discontinued for a period of twelve (12) consecutive months or are discontinued for
eighteen (18) cumulative months in any three (3) year period, the Conditional Use
Grant shall expire and this approval shall be null and void.
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 an annual review for the parking
and signage should occur one year after occupancy.
Plan Commission
City of Muskego
Adopted: January 16,2001
Defeated:
Deferred:
Introduced: January 16, 2001
ATTEST. Sandi Asti, Recording Secretary
/Ad.IIcL-c A&