160 - 12/5/2000Please see attached
WRUKESHR COUl\iTY, WI REGISTER'S OFFICE
RECGRGED GN
REC. FEE:
ZEC. FEE-CO: 4.1Zin i4.m
REC. FEE-ST: >.a@ TRFIN. FEE: TRW. FEE-S-;GTE:
i'2GES: i
Rosodi Aru
NmneddAddrtsa City of Muskego
Attn: Sandi Asti
Post Office Box 749
Muskego, WI 53150
MSKC2198.990
r.".LL,"'(l.I",,
Acceptance of Condh
I. t" rt"Pc DATA . THIS COVENANT, Made this 5th day of February, 2001
By Craig Anderson, Park and Recreation Director
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 City of Muskego in its
own right and as agent for the purpose of enforcing these presents on behalf of the
above described class ofpenon, Grantees.
TAX KEY NO
2198.990
The premises affected by these presents (hereinafter called the Premises) are RETURN 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:
Arm: Sandi Asti
W182 S8200 Racine Ave
Muskego, WI 53150
Being a part of the NE %of the SW %of Section 10, TSN, RZOE, City of Muskego, Waukesha County,
Wisconsin.
Mail address of the Premises is Parkland Drive/ Tax Kev 2198.990
Grantors wamant 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
association or insurance companies.
restriction, dedications to the public or public bodies, instruments not or record, and mortgages to bans, savings and loan
Grantors represent that petition on their behalfwas 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
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
was issued under date of December 5,2000, and that a true copy thereof is on file with the Plan Commission of the City of
Muskego.
NOW, THEREFORE, Grantor hereby accept the said Conditional Use Grant and covenant strictly to comply with ail of
the tern and conditions thcreof. 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 ofoutdoor lighted recreation facility at Manchester Hill Park.
In Witness Whereof, Grantors have hereunto set their hands
Craig Anderson. Parks and Recreation Director
SIGNED AM) SEALED IN PRESENCE OF
____"""""""__"""""" ~ "_""""""" (SEAL)
TYPE NAME HERE
IF A CORPORATION,
CORPORATION
STATE OF WISCONSIN)
WAUKESHA COUNTY) Personally came before
and Secretary of the above name corporation
IO 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
contained.
)SS
me this day of ,200l. President
AS DRAFTED BY
(SEAL)
Kellie Renk
I WAUKESHA COUNTY) Persdfraily &Ti%?+& me
this 2 6 day of JNCI rCh 2001, the above pamed.toregoing
to me known to be the persons who executed the foregoing
instrument and acknowledged the same.
'11t,, , 3:s
Notary Public, State of Wisconsin
~y Commission expires 12 - D I . o J.
". _. ...
_, .J.74andS9.97 Wis.Sws.
More the Plan Commission ofthe City of Muskego. Waukesha County, Wisconsin, in regard to Premises
t Parkland Drive in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
urther described as follows:
Being a part of the NE !4 of the SW !4 of Section 10, T5N, WOE, City of Muskego, Waukesha
County, Wisconsin.
WHERE
tate Statute,
Ion petition
AS the Zoning Code and Zoning District Map of the above named municipality, pursuant to
provide that the premises may not be used of right for the purpose hereinafler described but that
such use may be approved by the municipality as a Conditional Use Grant in particular
rcurnstances 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 ofthe particular nature, character and circumstances of the
.oposed use, and of the specific and contemporary conditions, grant of such use upon the terms and condition:
:reinafter 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
ated, that the Premises may be used for the purpose ofoutdoor lighted recreation facility at Manchester
ill Park.
GRANTED by action of the Plan Commission of the City of Muskego the 5th day of December, 2000.
The CONDITIONS of this Grant are:
This Grant shall become effective upon the execution and recording by the Owners of the Premises of an
acceptance hereof in such form as to constitute an effective covenant running with the land.
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 months of the date hereof.
This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code
of this municipality.
Construction and operation of the use granted shall be in strict conformity to the approved site, building an
operation plans filed in connection with the Petition for this Grant, and annexed hereto.
Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises
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
dPR 10 01 0 0 2 0 6
1. Conditions on the Operations See Resolution PC 211-2000
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:
See Resolutloa PC 211-2900 , Condltlons on the Bulldlngs
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 Resolution PC 211-2000
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 achowledged the day of March, 2001.
.&h-&..-A: ___" .______ ~ "..."""
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit
#PR 10 01 P L 0 6 8
APPROVED
RESOLUTION iYP.C.211-2000
APPROVAL OF A CONDITIONAL USE GRANT FOR OUTDOOR LIGHTED
RECREATION FACILITIES AT MANCHESTER HILL PARK (PARKLAND DRIVE
/ TAX KEY 2198.990)
WHEREAS, Plans were submitted by the City of Muskego Parks and Recreation
Director for a Conditional Use Grant for outdoor lighted recreational facilities at
Manchester Hill Park, and
WHEREAS, Said plans include the installation of a single pole mounted 400 watt
high pressure sodium fixture, with a twenty degree tilt, adjacent to an existing
pond for the purpose of illuminating an outdoor ice skating rink, and
WHEREAS, The fixture is proposed to be installed with a timer to limit hours of
operation from dusk to 1O:OO PM, and
WHEREAS, Said property is currently zoned RS-2 / OIP Suburban Residence
District with Institutional and Public Service Overlay District, and said plans are
permitted as a conditional use, and
WHEREAS, The plans are consistent with the 2010 Comprehensive Plan and
2005 Park and Open Space Plan, and
WHEREAS, Photometric Plans as submitted depict an absence of light trespass
at property lines, and
WHEREAS, the Park Board has recommended the installation of the fixture, and
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a
Conditional Use Grant for outdoor lighted recreational facilities as presented by
the Parks and Recreation Director, with hours of operation limited to 1O:OO PM.
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.
Plan Commission
City of Muskego
Adopted: December 5,2000
Defeated:
Deferred:
Introduced: December 5, 2000
ATEST Sandi Asti, Recording Secretary
/ d hAf52-C