95 - 9/1/1985Acceptance of Conditions of Conditional Use Grant.
THIS COVENANT. Made this .day of. ., 19. .,
by. ...
......... ............ ...
........ Cl~de ....a ..J~.l~...He.cke~-. .Grantors,
for the use and benefit of all persons from time to time. resident or owning property within he
boundariesoi the. City ..... .or... ..... Muskeg0 ...
(City, V~llsgc, Town. Gunry)
... ........................... Waukesha
and benefit of the said. ... ci.tY., .of. ........ MUSkeg.0 .............
dcsimbcd class of persons. Grantees.
in its own right and as agent for the purpose of enforcing these presents on behalf of the above
~ ~ .County. Wisconsin, and Cor the use
Gty. VlllaEe, Town. &"my)
." .
The premises affected by these presents (hereinafter called the Premises) are the
fallowing descrihcd lards in Township. .2. North. Range. 20. .East. in the County
of^ .JNaukesha. .and State of Wisconsin. teuit: PT NE 1/4 NWl/4
~cW2~~.T~NF~?oTFi'S~m3iji* j8?03°FT TH SO 16' E
212 F'T, TH W326.48 FT THE BGN , TI3 SO 16 'E 311 Ft,
TH W 93.48 FT, TH N 0 16' W 311 FT, TH E 93.48 FT to BGN & R/W
City of Muskego 09s
W1~82 58200 Racine Ave.
Muskego, WI 53150
Mail address of the Premises is. s79 ~~~ W18181 ~~~~~~~ .......................................... W. Tower Drive ...
and that no other person has any estate or interest therein except by reason of easements far public utilities. building restrictions. dedications to
Grontors uarrant and covenmt that at the tme of the ensealing and delivery of these presenrs they are all of the on'ners of the Premiscs
tlx ipchlc :x ~LI!>IIC Ihdu-. >~:I.I~W~.~;:XS mt of rccord, and mortgages to bds, swil,p,s and loan a>sc'iatiws or illsurrllxc cm~pamcs.
CranLors reprcsent ttlx px>tiw an tlxir bchalf was made to the. city..^ ....... .of. .... Muskego.
pczrsuant to cilr Zo~mg Code oi the s3d ci.t.y.
there Ipcrmissibls not by nghr but only by Conditional Use Grant; that in conncction thcrewirh Grantors made certain reprcsentations and
., lor grant of pcrmisslon to erect and/or conduct on the Przmiszs a LE.^
agreements as to site. building and operation plans which were incorporated into the Condltional Use Grant; that based thereon Conditiond
~, 10~ ., and char a truecopy thercoi is on file with rhe
(tic?. WI2,E 'I."wn. CO"",")
...
Use Grant Yo. ..9.5. .us issued under date of.
.City. .Clerk. .ofthe. .Gi.ty.~.~. .... ~~~ 0r.L .. u.s~ego. ... (CllY. Vlllaee. To~.n,~un,y
NOW, THEREFORE, Grantors hereby accept the wid Condcional Use Grant and covenant strictly LO comply with dl of the terms
iind corditions thcreol. This Lovcmnt sI~a11 ru12 wrh the land and shall be binding on the Grantors and nn all permans cloimmg any estate or
interest in the Premises by, through or under the Grantors, as long as the said Prcmiscs arc used as dcscribed in the Conditional Use Grant lor
thc operation 01: .a. -t~ao.. family ... r.p~.~denc~. ..~ .........
In Witness Whereof. Granrors have hereunto set their hands and seals this. .& .day of. .6!U%??!+k
..~
, 19..fZ
SIGNED AM3 SEALED IN PRESENCE OF
....... ... .......( SEAL)
.,,1',
CORPORATION ACKNOWLEDGMENT
, .,
INDIVIDUAL
+:. <> -, ? . '?
>
. c i .,
STATE OF WISCONSIN, jSS.
me this. day of ... ..
.County. Personally Came before
19. ....,
., Presldenr
and., .................................................. Secretary
of the above nnmrd corpratlon. to me known to b. Nch mrwnm and
omcers who executed the foregolng Instrument and acknowledged
thnt they executed the anme a3 auch oflicers, by it8 authorlty, fer the
purpsscs therein contained.
TH15 INSTRUMENT WAS DRAFTED nY (SEAL)
rPPsbeytm 2 7.
.Waukesha. .Caunty. Wisconsin. in rcgard to PremiEes at. .SE..U18181..W.. Tow.er. .Drive
...... ... ...
"ate oi Wisconsin, further dcscribed as follows: PT NE l/4 NWl/4 See. 16 T5N R20E Corn at N1/4 cor,
16' E 311 ft, Th W 93.48 ft, Th N 0 16' W 311 ft, Th E 93.48 Ft. to Bgn & R/W
~I W 213.18 Ft, Th S9 37" W 38.03 Ft Th So 16' E 212 ft, Th W326.48 ft the Bgn, Th So
." .in Township .5.. .North, Range 20. .East ,.... .Waukesha. .County.
WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pumant to State Statute,
provide that the premises may not be used of right for thc purpose hereinafter described but that upon pctition such use
may be approved by the municipality as a Conditional Usc Grant in particular cilcunmances 2.s derincd by the standards
in the Zoning Ordinance; and
Petition therefore having been made, and public hearing held thereon, and the..^. .I!lan. .Commi.ssion
I,\CLl"Z IJaiY)
of the. CitJ! ........... of ........... MuskeK. ... ...... .having determined that by reason of the
(C8ty. Villane. Town. County)
of such use upon the terms and conditions hereinafter prescribed would be consistent with the requirements of the Zoning
particular naturt, character and circumstances of the p1-ooposed use, and of thc specific and contemporary conditions, grant
Ordinance:
Now, therefore. IT IS GRANTED, subject to compliance with the terms and conditions herejnafter stated, that
the Premises may be used for the purpose of ........ a..t.WO..f.~ily...Fesidence...in..a.cc.OFd~.ce...W1th ....................... .~.~~:E.t~.nrx..~.,.ol..~.~~. .C.,...~.~.~..of..~he..M~.~.kago. .Z~nip~.CIr.d..din~~.ce ........................ ........ .. ........
GRANTED by action of the E. Conrmtssion of the City. .of Muske o
....I.. L.. .!
I,
.. .. ..... ...... ........ ...... .............
the ..... 12th .......... day of ......... Septmbal: ................., 19 ... 85. (city. vuege. Town. cEu"tij
:riginal filed in the office of the. ..... Plan. ..e.l?r?.Ls.siO.n. ..... .of the ...... !itY .............. of .............. M!!?kegQ ........... /I (Ury. Vlll4, Town. County)
Slgned: ...... &.k!d&:*%?KU .................... Carole Vavrik The CONDITIONS of this Grant are:
I. 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 constltute an effectlve covenant runnlng wlth the land.
2. This GI-ant 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.
3. This Grant is subject to amendment and termination in accordance with the provisions of the ioning 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.
5. 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 lea~e by the Owner, which lease shall contain provisions for posting of the pertinent conditions to notify
employees thereof.
.IUYY u1" .,,.a"_
6. Conditions on the Operations
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.
7 Conditions on the Buildings
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, Section 8.01 (7) C.aO. of the Muskego Zoning Ordinance:
Two family residence, provided the architectural character is dominately single
mily in appearance; the second unit does not exceed 800 square feet of resid etial floor
ea; and one person in each unit is related to a person in the other unit, by llood,
arriage or adoption.
8. Conditions on the Site
a. Street Access (number, location, design)
b. Off-street 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 run&:
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
acivlowledged the. ...... 1 .day of. .............................. /c' 19.%?. r
................................................................... '07.i,,), ~-nq2t.C.i )I.], ~~.~~~cI 7" ............................... :I