165 - 6/18/2002Recordmg Area
Name and Rerum Address
City of Muskego
Planning Dept.
P.O. Box 749
Muskego, WI 53150
Please see attached
MSKC 2242.999 and 2237.999.001
This information must be completed by the subminer: document title, name & return address, and (if required). ma information such BS the
granting clauses. legal description, etc. may be placed on this lint page of the document or may be placed on additional pages ofthe document
& Use of this cover page adds ons page lo your document and B.00 to the recordib. Wisconsin Statutes. 59.517. WRDA 2Bb
1'I*.CVU',1Y"I, Ll8I.U C". rA1Al. I ~I"I11,I". I", I
Acceptance of Conditions of ditional'Use Grant.
UUL"I~1I.I. 1 LIU...
THIS SPACE VED FOR RECORDING DATA
THIS COVENANT, Made this 19" day of July, 2002.
By Muskego-Norway School District Grantors
for the use and benefit of all persons from time to time resident or
owning propeny 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 ofperson, Grantees.
TAX KEY NO
The premises affected by these presents (hereinafter called the Premises) are
the following described lands in Township 5 North. Range 20 East, in the County
of Waukesha and State of Wisconsin, to-wit: City of Muskego W182 S8200 Racine Ave
Muskego, WI 53150
Mail address of the Premises is W183 S8750 Racine Avenue
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 warrant and covenant that at the time of the enscaling and delivery of these presents they are all of the owners of
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.
165 was issued under date of lune 18, 2002, and that a me copy thereof is on file with the Plan Commission of the City of
NOW, THEREFORE, Grantor hereby accepts the said Conditional Use Grant and covenant strictly to comply with all of
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
In Witness Whereof, Grantors have hereunto set their hands
SlGNED AND SEALED IN PRESENCE OF
Richard W. Dw. District Aknistrato;
Muskego-Norway School District
......................... (SEAL)
TYPE NAME HERE
IF A CORPORATION,
.......................... (SEAL)
_""" __"_ _"" ~ """"""""""""""""" (SEAL)
TITLE
ACKNOWLEDGMENT
CORPORATION
STATE OF WlSCONSIN)
WAUKESHA 70
and
)SS
me this _.: day o
Personally came before
President
ve name corporation
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
contained.
THIS INSTRUMENT WAS DRAFTED BY
$and- rd. 6aL (SEAL)
Sandra S. Asti
INDIVIDUAL
STATE OF WISCONSIN)
)SS E:" SHA COUNTY) Personally came before me
day of July, 2002, the above named foregoing
My Commission expires
M"".,
. .. - I - r -. ^ .... ,- ...". -I- - - " , w Sccs. 6761.35. 60.74snd 59.97 Wis. Suls.
lefore the Plan Commission of the City of Muskego, Waukesha County, Wisconsin, in regard to Premises
Lt Muskego High School in Township 5 North, Range 20 East, Waukesba County, State of Wisconsin,
Jrther described as follows:
leing the East !4 of the NE % of Section 20 (Tax Key No. 2237.999.001) and the NW % of the
iW % of Section 21 (a part of Tau Key No. 2242.999), all being a part of Town 5 North,
Lange 20 East, Waukesha County, Wisconsin.
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 conditions
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
tated, that the Premises may be used for the purpose of constructing outdoor lighted recreational facilities
IO the high school property.
GRANTED by action of the Plan Commission of the City of Muskego the 18th day of June, 2002.
Attest:
Mark A. Slocomb
Title
(Mayor, President, Chairman)
Title Clerk - Treasurer
(Cily. Village. Tom 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 N/A 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, which shall contain provisions for posting of the pertinent
conditions to notify employees thereof.
, This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code
, Construction and operation of the use granted shall be in strict conformity to the approved site, building and
. Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises
NIEDECKEN 467N MILWAUKEI
a
1. Conditions on the Operations See attached Resolution #P.C. 047-2002
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:
I. Conditions on the Buildings See attached Resolution #P.C. 047-2002
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. 047-2002
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 25 day of July, 2002.
"_ b"-d "" u """"""""_
Sandra S. Asti
RESOLUTION #P.C. 047-2002
APPROVAL OF AN AMENDMENT TO A BUILDING SITE AND OPERATION PLAN AND A
CONDITIONAL USE FOR THE PURPOSE OF OPERATING ILLUMINATED OUTDOOR
PROPERTY LOCATED AT W183 S7850 RACINE AVENUE (TAX KEY NOS. 2237.999.001 AND
2242.999)
WHEREAS, On March 22, 2002 plans were submitted by Eppstein-Uhen Architects, Inc. for
approval of an amended Business, Site, and Operation Plan and a Conditional Use Grant for
Avenue, and
outdoor lighting at the Muskego-Norway School District property located at W183 S7850 Racine
WHEREAS, Revised plans were received on May 31,2002. and
WHEREAS, The property is currently zoned RS-IIOIP, Suburban Residence District as modified
by the Institution and Public Service Overlay, and lighted outdoor recreational facilities are
permitted under a conditional use grant, and
WHEREAS, A public hearing was held on April 4,2002, and
WHEREAS, A photometric plan has been submitted which illustrates light levels within the
football field and said plan has been reviewed and approved by the City's consulting engineer,
Ruekert-Mielke, Inc.. for compliance with the City's lighting standards, and
WHEREAS, Lighting is proposed for four (4) baseballlsoftball fields, three (3) soccer fields, and
twelve (12) tennis courts in the Spring, Summer, and Winter months, and
WHEREAS, It is anticipated that there will be forty (40) baseball games, thirty (30) soccer
matches, and twelve (12) tennis matches, and all activities will typically cease by 1O:OO PM, and
WHEREAS, The plan illustrates the location of poles ranging from 60' to 80' in height, and fixture
range from 1,000 watt to 1,500 watt down-angled metal halide lamps, and
WHEREAS, The hours of operation of the proposed lighting have been indicated from 6 PM to 10
PM, and
THEREFORE BE IT RESOLVED, That the Plan Commission approves an amended Business,
Site, and Operation Plan and a Conditional Use Grant for the operation of outdoor lighted
recreational facilities for the Muskego-Norway School District property located at W183 S7850
Racine Avenue.
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
and 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.
RECREATION FACILITIES FOR THE MUSKEGO-NORWAY SCHOOL DISTRICT AT THE
BE IT FURTHER RESOLVED, That the light fixtures will be turned off by 10:30 PM and the
Common Council may grant approval of extending hours of operation for special events subject to
notification of all property owners within 300 feet of the high school property. with said notice
the Common Council.
indicating the nature of the request and the time and date that such request will be considered by
Plan Commission
City of Muskego
Adopted: June 18,2002
Defeated:
Deferred: April 2, 2002; April 16, 2002; May 7,2002; May 21. 2002; June 4,2002
Introduced: April 2,2000
ATTEST. Kellie Renk. Recording Secretary