164 - 6/18/2002I. 00 I81 I 164 Land Covenant
Please see attached
WfiUKESHR COUNTY. WI REGISTER'S OFFICE
RECORDED O~'
MICHQEL J. HRSSiINGtR REGISTER OF WEDS
Remding Area
City of Muskego Planning
P.O. Box 749
ttn: Sandi Asti
MSKC 221 1.999
Parcel IdenMcamn Number (PIN)
- NO. LuYO,J LAIIU cuv LllAll1
Acceptance of Conditions of dltional Use Grant.
THIS COVENANT, Made this 5th day of July, 2002. By Big Muskego
Estates LLC by Tome Realty Inc. Grantots, for the use and benefit of all persons
From time to time resident or owning property within the boundaries of the City
of Muskego, Waukesha County, Wisconsin, and for the use and benefit ofthe
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 of person, Grantees.
e brant no. IDI UUcUmmR 1 RU.
VED FOR RECORDING DATA
TAX KEY NO.
2211.999
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 Am: Sand' Asti
City of Muskego of Waukesha and State of Wisconsin, to-wit:
RERJRN TO:
Muskego, WI 53150
W182 S8200 Racine Ave
Part ofGovemment Lots 2 and 3 in the fractional Southwest 'A of Section 13 and part ofthe Northwest 'A and Southwest X of the
described as follows:
Southeast IA of Section 13, Town 5 North. range 20 East, in the City ofMuskego. Waukesha County, Wisconsin, which is bounded and
Commencing at the Southeast comer of the Southwest 'A of Section 13; thence North 00 58'26" West along the East line ofsaid
Southwest 'A Section 915.17 feet to the point of beginning of the lands to be described; thence South 88 07'00" West 74.40 feet to a
point; thence North 40 36'26" West 485.82 feet to a point; thence North 49 23'34" East 500.00 feet to a point in the centerline of
Durham Drive; thence South 40 36'26" Est along said centcrline 425.47 feet to a point; thence South 36 58'26" East along said
centerline 2.14 feet to a point; thence South 36 03'13" West 454.07 feet to the point ofbeginning. Conlaining 5.548 acres.
Mail address of the Premises is W131 S8489 Durham Drive
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
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.
I64 was issued under date of June 18,2002, and that a true copy thereof is on file with the Plan Commission of the City of
the tern and conditions thereof. This covenant shall lun 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 designation of rustic structures at W131 St3489 Durham Drive.
NOW, THEREFORE, Grantor hereby accept the said Conditional Use Grant and covenant snictly to comply with all of
In Wimess Whereof, Grantors have hereunto set their hands and seals this & day of July, 2002,
SIGNED AND SEALED IN PRESENCE OF
"""".""""""""""""""""".""" ___"_"___ )
ACKNOWI
CORPORATION
STATE OF WISCONSIN)
WAUKESHA COUNTY) Personally came before
and Secretary of the above name corporation
to me known to be such persons and officers who executed
foregoing instrument and acknowledged that they executed
same as such officers, by its authority, for the purposes
contained.
THIS INSTRUMENT WAS DRAFTED BY
)SS
me this day of ,2002. President
&A J. (SEAL)
Sandra S. Asti
IF A CORPORATION,
TYPENAMEHERE nBig Muskego Estates
(SEAL)
William A. Wiachers TITLE V.P. Tome Realtv Inc.
""""""""""""""""" _"_ """"""" (SEAL)
IGMENT
INDMDUAL
STATE OF WISCONSIN)
WAUKESHA COUNTY)
this 16 day of July, 2002,
to me known to be the perso
My Commission expires '7- 7- i? floa-
3efore the Plan Commission of the City of Muskego, Waukesha County, Wisconsin, in regard to Premises
It W131 S8489 Durham Drive in Township 5 North, Range 20 East, Waukesha County, State of Wisconsir
her described as follows:
Part of Government Lots 2 and 3 in the 6actional Southwest % of Section 13 and part of the Northwest % and Southwest % of
the Southeast %of Section 13, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, which is
bounded and described as follows:
Commencing at the Southeast comer of the Southwest 'A of Section 13; thence North 00 58'26" West along the East line of sai
Southwest % Section 915.17 feet to the point of beginning ofthe lands to be described; thence South 88 07'00" West 74.40 fee
to a point: thence North 40 36'26" West 485.82 feet to a point: thence North 49 23'34" East 500.00 feet to a point in the
centerline of Durham Drive; thence South 40 36'26" East along said centerline 425.47 feet to a point; thence South 36 58'26"
East along said centerline 2.14 feet to a point: thence South 36 03'13" West 454.07 feet to the point of beginning. Containing
5.548 acres.
WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to
hate 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
Xy 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 condition
lereinafter 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 designation of rustic structures in the SW % of
jection 13.
GRANTED by action of the Plan Commission of the City of Muskego the 18th day of June, 2002,
Attest:
J&K. Marenda
Mark A. Slocomb
Title
(Mayor, President. Chairman)
Title Clerk - Treasurer
(Cily. Village, Town County) Clerk
Original filed in the office of the Plan Commission of the City of Muskego.
Signed: A L2l-L.
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 N/A 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
0 . Conditions on the Operations See attached Resolution #P.C. 078-2002
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. 078-2002
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. 078-2002
a. Street Access (number, location, design):
b. Off-street Parking (location and design including screening thereoo:
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 I6 day of July, 2002.
- - - - - - - - - - - - """ - - - - - - - - - - - - - - - - d &.
RESOLUTION #PC 078-2002
APPROVAL OF A RUSTIC STRUCTURES CONDITIONAL USE GRANT FOR THE TOWNE
REALTY PROPERTY LOCATED IN THE SW % OF SECTION 13
(TAX KEY NO. 2211.999 I W131 S8489 DURHAM DRIVE)
WHEREAS, A Petition for Rustic Structures Conditional Use Grant designation for outbuildings
located at W131 S8489 Durham Drive was received by Towne Realty, and
WHEREAS, The property is zoned R-2 Country Home District, and the Plan Commission has
determined that the proposed designation is permitted by Conditional Use Grant, and
WHEREAS, The property contains 5,785 square feet of accessory structures, and is permitted
4,400 square feet of accessory structures by Code, and
WHEREAS, Designation of two barns totaling as Rustic Structures would exempt them from
floor area calculations, and
WHEREAS, A Public Hearing was held on June 4,2002, and
WHEREAS, The Conservation Commission recommended said Rustic Structure designation at
their June 12, 2002 meeting.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use
Grant for the structures labeled "Barn 1" and "Barn 2" on the Certified Survey Map approved by
Resolution #PC 063-2002.
BE IT FURTHER RESOLVED, That this Conditional Use grant shall be subject to annual review
by the Plan Commission any operations which are deemed to be inconsistent with this
approving resolution may be subject to further conditions by the Plan Commission.
BE IT FURTHER RESOLVED, That at the call of the Plan Commission Chairman, the
operations subject to this conditional use grant may be subject to further review by the Plan
Commission, and any future operations which are deemed to be inconsistent with this
approving resolution may be subject to further conditions by the Plan Commission.
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, 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 Commission
City of Muskego
Adopted: June 18,2002
Defeated:
Deferred:
Introduced: June 18, 2002
ATEST. Kellie Renk. Recording Secretary