079 - 2/1/1980Please see attached
WRUKESHR COUNTY, WI REGISTER'S OFFICE
RECORDED ON
01-21-1999 12:31 PM
MICHFIEL J. HFISSLINGER REGISTER OF DEEDS
REC. FEE: 12. 8B REC. FEE-CO: 4.88
TRFIN. FEE: REC. FEE-ST: Z.8@
PRGES: TRFIN. FEE-STFITE : 5
Muskego, WI 53150 I
Pard Ided6wian Nmbu (PW
MSKC 2294.999.001
Attn: Sandi Asti
P.O. Box 749
Acceptance 01 mdltiol. .d Conditional Use Grant.
THIS COVENANT. Mode this,,.-!.6,, .Ji,!. of. ..P.ece!!!b.er, .. 19.28
by. ..-~!K!.G.S .... H..- .... LUd.W.6g. .................... ..................................
. ................... -. ... ..................... ... ......................... .Gmntors,
for the use and hncfit of nil persons from timc to timc rcsldcnt or owning propcrry wltllln thc
......... -. .......... ... ... ........................
buundaricsofthc. ..CLtr!. ............. ,.or .... .Muskem. ....... ........ CCI~~. VIIIO,:.. rum. c~~~c~I
Waukesha ............................. ...
ond benefic or thc said. .~.i.b!. ....... .of. .hSb.egr?. ...
in its own right nnti ns ngcnt for the purpose of cnlorcin: tlxse procnts on behnil or tlx nbuve
described clnss 01 pcrwons. Grantccs.
.County. Wisconsln. and lor the use
WY, VIII~~C. Torn. &my)
'rhc prcmiscs oKccrcd by thcx prcxnts (Ircrcinaltcr called the Prcmks) are the
lollowing dcxrikcd iands in Townrhlp.. ,.>.. .tioxi,, I<ntl~e..2~., .East, in tl~ County
or. .!%.dsc.a.ha. .and Suatc of Wisconsin. to.\vit:
r~x wv NO. MSKC 2294.999.001 -.
lEl""N TO,
City of Muskego
Attn: Sandi Asti
P.O. Box 749 - Muskego, WI ->L!,?O---
fiat part of the Southeast 114 of the Northwest 114 of Section 34, Town 5 North, Range 20
East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Southeast corner of said 114 Section; thence South 89 degrees 19' 40"
Jest along the Southline of said 114 Section 334.00 feet to a point; thence North 0 degreer
24' West and parallel to the Eastline of said 114 Section 70.17 feet to a point on the
Southerly right-of-way line of Wisconsin State Trunk Highway No. 36; thence North 64 degrec
26' 33" East along the Southerly line of said right-of-way 369.00 feet to a point on the
Eastline of said 114 Section; thence South 0 degrees 24' East along the Eastline of said
114 Section 225.46 feet to the place of beginning, excepting therefrom a strip of land
along the Southline of the above described property conveyed to the State of Wisconsin.
SIGNED AND SEALED IN PRESENCE OF
..... "" " .................................................................
,. " -. ... ... ... ...
..................... "- _..... .......................... ...... ........
........ SEAL)
U
.. ,. - - -. ........................................... ........ ,(SEAL)
... " " .... .................................................. (SEAL)
, 181..
CORPORATION ACKNOWLUDOMUNT lNDlVlDUAL
STATE OF WISCONSIN, )ss, ......................... ....... County. Pcrmnolly cam before
ma chi# .................... day 01 ......................................................... 19 .........
nnd .................................................................. Secretary
Pruldcnr
ol tllc ahvc nalncd corprarlon, to me known to Lx such pcrwns and
omcers who aecuted thc forcgolng Inrtrumcnt and nc1;nowlcdgcd
purpom thcrein contsincd.
thnt bey cxccuted the snme ns such olliccrs. by its nuthority. lor &e
...........................................................
......................
Sandra S. Asti
.. - - -. ... ........................ ................... ..(SEAi.)
, TITLI
sTt,-rE OF WISCONSIN,
.l&.~ d.d.~... ~unty. Perwnnlly eornehfore
rno chi8 ....A. /. .... du 01 .... kC.eM~k.C..k ..................... 19.?6/,
the abwc named.,dWl&A ti.: .... &!dk!.!~~..;:!i I...:.. ...
tonic known :o LE thc perrons who crccutcd cllc forcynlnn in&utncnt
nnd ocknowlcd:ed thc snmc.
........................ .................................................... -.+ ....._..... ...........
Nomry 14blic. Stare or Wirconsln
MY cmnrnissiol~ expiru ...... ~..L:..L~-.!.,& ...... ...... ._____. ..
0
- " __ "_
kc,. b1.13, bl.l$, M 74 ad 11.91 WIs. Sws.
Ecforc tllC. .Plan, c.QF.ls.siF!. .of the. S?!.Y .......... or. ................ musk ego^
(,\<,l,u: LbJy) (CllY, vlll,,n<. 'l'.>.v,~. (;nm,y)
Ma .uksha... .......... County, Wisconsin, in regard to I'remiscs nt.Sl.06 ... W-16.46P1..M~~.k~.~~,,.Da.~..R.~ad.
... ... .in Township. 5. ... North. Ranl:c ..X!,.. ..East.. .w9.uke.$.h.+.
Srntc or \Visconsin. furlllcr clcscrilxd ns follows:
.County.
That part of the Southeast 114 of the Northwest 114 of Section '34, Town 5 North, Range
20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as
follows: Commencing at the Southeast corner of said 114 Section; thence South 89
degrees 19' 40" West along the Southline of said 114 Section 334.00 feet to a point;
thence North 0 degrees 24' West and parallel to the Eastline of said 114 Section 70.17
feet to a point on the Southerly right- of-way line of hrisconsin State Trunk Highway
way 369.00 feet to a point on the Eastline of said 114 Section; thence South 0 degrees
No, 36; thence North64 degrees 26' 33" East along the Southerly line of said right-of-
24' East along the Eastline of said 1/4 Section 225.46 feet to the place of beginning,
property conveyed to the State of Wisconsin.
excepting therefrom a strip of land along the Southline of the above described
WIERIIAS tllc Zoning CoJe and Zoning Distritxh4ap of tlx d:ovc nmcd mtmicipality. pursrlant to Statc Statutc,
may be approvcd by tllc mtlniclpality as a Conclitional Usc Grant in particular circumstmccs as clcfinccl by the standards
providc that thc prcmiscs may not be used of right for the purpose hereinalter dcscribcd but that upon pctition such LISC
in the Zoning Ordinance: and
Petition thcrelorc Ilaving bcen mode. and public hearing held thereon, and the. ... .Pl.an...Co.~.~.ss.~..o.n... ........... (Actins HtJy)
ol thc. ... C.I.LY. ............... of ......... MUSk.W?... .................................. .having detcrminccl that IJY rcnsnn of the 1ciru. Vlll"E.. TOW". Gunty)
~x~rtict~lar nnturc. cllarxtcr ancl circun1stonccs of thc propxed usc. ancl of the specific rind contemporary conditions. grant
of such LISC upon thc terms and conditions hcrcinultcr prcscribcd wot~lil lx ConsisLent wit11 tllc rcquiremcnts of thc Zoning
Ordinance:
Now, tlrcrcforc. 1T IS GRANTED, suljccr to cornplinncc with tllc Lcrlns and conditions Ilercinnftcr stared. that
thc PrclniseJ rnuy lx used for the purpose of. .~...w~,~d~~~kil?g...~.abi*~.E..~.hoE..~~~~.ho.~s~...addiEiO.*. .............
.... " .......................................... ............................................................... ... .....................
GRANTED I>y action ol thc. .Pl~.an.,.Cn~~.~s,l~n. .of thc. .!XX, .... .of ..... MUSk.Cg0 ......... ...
chc. .Lat... ..... .day or .. .Swt&.e.r.. ..... _..., 19. .9.8/ ed*A (L:IIy. VIIIOEL '1. , Ciu"1Y)
Attcst: ...... .- .... ~ .......... ....................... ... -* , .- - (Sea!)
K. w.."&-.. - s ,,:
'rltle.. ..Mayor.. ... L. (hhyor. I~.~d&"t, tlmlrmm)
,
.r1<1. ..l!?.zkz,Trea.surer -.
....
ICILY. VllIn1;e. Torn. hnly) Clcrk I.
Original fi~ct~ in tllc orh or t~rc ... Plan. ..De,~ar.tment .............. or thc ......................... city of ..................................................... Muskego
- Slanod:. LdL .......... ..........................................
I. This Grant shall kcome cffectivc upon thc cxccution and recording by the Owners or the Prcrnisu ol on acccptancc
hercof in such form as to constitute an effective covenant running with thc land.
1. lhin Grant dloll LP void unlcan propor npplicntion, puratmnt to t1lo buildlna und roninu codor ol tho nlr~nlaipnllry, lor
appropriate Building. and Zoning Use and Occupancy Permits in conformity to this Grant, is made within.. ......... months
(Clty Vlllno Town, Callnil1
The CONDITIONS of this Grant arc:
e! dl0 dnte kcreef,
3. This Grant is subject to arnendn~ent and tcrmination in nccordnncc \vith the provisions of the Zoning Codc of this
rnunicipollty.
4. Construction and opcration of the use granted shall be in strict conformity to the approved site. building and operation
plans filcdin,conncction with the Petition lor this Grant, and anncxccl hercto.
I. Any of tha concll~lonr a[ tRla Grant which woulJ normal\y ba rho rorponrlblllry of tonanu of rho proml~o~ alrnll bo mmda a part or thcir lcase by the Owner, wllicll lcase shall contain provisions for posting of thc pertinent conditions to notily
crnployccs thcrcof.
"" - "_
.11.'..1. a'," ..".,,
0 I- *
PLf 924 't1073
....... .. .. ....... " _. - ..... ~~~~ .... ....... ......... .. ....... ....... ................. - - .. - - -. - -. - ._ _=~__i_i_=.-i=~~""-.~~-"-:li
6. Conditions on the Operations See attached Exhibit A (Resolution U.C. 155-98)
a: Hours of operntion:
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 thc Duildings See attached Exhibit A (Resolution #P.c. 155-98)
a. Focndc morerial of each building sidc:
b. Entrances. Design and Location:
c. Signs attached to the Building. Location. Size. Design (including lighting):
d. Exterior Lighting of the Building:
c. Other,
8. Conditionson tI1c.Cjitc See attached Exhibit A (Resolution #P.C. 155-98)
a. Street Acccss (number, location, design):
b. Off-Strcct Parking (location nnd clcsign including sctccning tllcrcof):
c. Loading and Scrvice Areos (locotion ond dcsicn):
cl. Otltsidc Storage of bloterlnls, Products or Rcftlsc (location'nnd screening thereof):
e. Finished topogruphy ond building gmtles, retaining walls, stom wntcr run-off:
1. Landscaping of the Site and Buildings (including plant typcs, six. spacin.d:
u. Pedestrian wollwnys, terraces, malls (location nnd design):
h. Signs (Ircc standing) location, size, dcsign (including ligl~ting):
i. Exterior Lighting of tllc Site. locotlon dcsign nnd power;
j. Othcr,
8.;
Receipt of a True Copy of this instrumcnt on behalf of the pctitibnel
acknowledged the ................ AI day of. .&:.%%..kd ....... 19.~~ 9.f ..
....... ..... k.: ....
NIIIE; Wllsrs (I~PF(~~~I~IIIIIx~~~F dwwn on nmps, Jrawllrp, plwtn~roplu, or ~I~llIIur~~~~~~uIl~ll~~~~~, Ihr: "SSc I~xlrl~lr ......................
I=-" ~
- " "- " "-
I
Exhibit A
RESOLUTION #P.C. 155-98
APPROVAL OF AN AMENDMENT TO AN EXISTING CONDITIONAL USE FOR THE
LUDWIG PROPERTY LOCATED AT S106 W16440 MUSKEG0 DAM ROAD
(LUDWIG‘S CABINET SHOP)
WHEREAS, Plans were submitted for a 40 X 60 foot (2,400 square foot) warehouse
addition to the existing building, site and operation plan of the Ludwig property at S106 W16440
Muskego Dam Road by Tom Ludwig on July 10, 1998, and
WHEREAS, On August 4, 1998 the Plan Commission granted conceptual approval to an
amendment to the conditional use subject to a public hearing per Resolution #PC 129-984 and
WHEREAS, The property is currently zoned NOHS, Agriculture with a Hiaway Service
Overlay and a conditional use, but has received an approving recommendation to the Common
Council to rezone the property to B-4/0HS Highway Business and a Highway Service and the
existing operation does not conform to all the requirements of said zoning districts, and
WHEREAS, The parcel and the buildings on site are legal nonconforming in terms of the
parcel size, and building setbacks and offsets, and
WHEREAS, The existing building is a metal building totaling 6,600 square feet, and
encroaches into the setback areas of STH 36 and Muskego Dam Road right-of-ways, and the
2,400 square foot addition would be located on the southwest end of the building and would
contain a full basement.
THEREFORE BE IT RESOLVED, That the Plan Commission approves to amend the
existing conditional use to allow for a 40 x 60 foot addition, a continuance of 10’ offset on the
north and 17’ offset on the south, screening will be required around the pallet storage area and
paving of the driveway at the property located at S106 W16440 Muskego Dam Road, for Tom
Ludwig subject to rezoning the property to B40HS.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on tile in the
Building Department and that all aspect of this plan as they relate to landscape arm 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.
Plan Department
City of Muskego
Adopted 9-1 -98
Defeated
Deferred
1126608 /I
'No. Z ZUQ 1 (ISL~~, COW "NA GRANT 0 Uumber. ..7.!?
Seer. 61.. .#.15. b0.74 and 19.97 Wis Stars.
..... W.aUkeS.h.a ..... .~ounty, Wisconsin, in regard to Premises at. .S.l.Q6. .MJ&AtO .Muskego.. ...
... ..... D.3m. .pOa.d. ... .in Township. .5 ..... .North, Range. -2.0. .Ecst,. U.auke.s.ha. ..... County.
State of Wisconsin, further described as follows:
All that part of the South East 1/4 of the North West 1/4
of Section 34, in Township 5 North, Range 20 East, in the
City of Muskego, bounded and described as follows Commencing
atothe Southeast corner of said 1/4 Section; thence South
89 19' 40" West along the South line 8f said 1/4 Section
to the East line of said 1/4 Section 70.17 feet to a point
334.00 feet to a point; thence North 0 24' West and parallel
Highway No. 36; thence North 64 26' 33" East along the
on tne Southerly right of way line of Wisconsin State Trunk
Southerly line of said right of way 369.00 feet to aopoint
on the East line of said 1/4 Section; thence South 0 24'
East along the East line of said 1/4 Section 225.46 feet to
the place of beginning, excepting therefrom the South fifty
(50) feet thereof.
I
1126608
WHEREAS the Zoning Code and Zoning District 1Map of thc above named municipality, pursuant to State Statute,
]provide that the premiscs may not be used of right for tllc purpose hereinafter described but that upon petition such use
may be approved by the municipality as a Conditional Usc Grant in particular circunlstances as defined by the standards
in the Zoning Ordinance; and
Petition therefore having bcen madc, and public hearing held thereon, and the. .Plan..Commissian.. ..
(ncrinc Rods)
of the. .Cit.y ........... of ........ bskego. .having cleterminecl that by reason of the
of such use upon the ternis and conditions hercinalwr prescribed wouId be consistent with the requirements of the Zoning
particular nature, charzcter and circunwanccs ol the ]proposed usc. :Id Oi' the specific and contemporary conditions, grant
Ordinance ;
,CliY, vmsge, Town. Collnry)
Now, therefore, IT IS GRANTED, subjcct to compliance with the term and conditions hereinafter stated, that
the Premises may bc used for the purpose of. .a. .w.o.o.dworking. .cabinet. .shop.-.
-.
."
... ........................... ... ......... ............
GRANTED by action of the.P.lan. Comiss.ionof the. .City ........ .of... .Musk 0 ... .....
the ....... 19.t.h ......... day of ........ Eebruar.y. .............., 1980.., (CiIY. VillSBC. Town. Co&yj-.-
/' ~.JXQnle"GQ€WL
Attest. c;' .......... p ,,!..; y;7/-Lxj ........... 3 ,>> I 4 / _.,: ..L..I..::.? c.~..-<~.,.:! ...C LC.'..:. (Seal)
...... &e. ..M... ..... :...&& ... .I.IcI....~.air.man.. Charlotte L, Ste ar
.I.,
~. (Mayor. i%esidenc, Chsirmnn)
'ricle..~~ .Ci.ty ..C.l.e.rk.
(ary. Vihw, Town. (:ounty) clerk ""
Origins1 filed in rlrc orrxc or tho ... R.L.On..C~!m~.a.a.ian .......... or GI
Signcd:.
The CONDITIONS of this Grant nre:
I 'I'his Grant shall becomc erfcctivc upon thc cxccution nn(l rccorcl!ng Ihy the Owners of thc Prcmlses of an scccptnncc
hereol in such form as to constitute an effcctivc covcnant runninf; with tllc land.
2. This (knt shall hc void Llnlcss propcr applicnrinn. pursuant to tllc Ixlllcling and zoninf,; cnclcs of the municipality, for
of the date hereof.
appropriate Building. and Zoning Use ond Occupancy l'crmits in conformity to this Grant, is mndc wlthin. .12. .months
municipality.
3. This Grant is subject to amendment and termination in accordancc with the provisions of the Zoriing Code of this
plans filed in connection with the Petition for this Grant. and anncxed hereto.
4. Construction and operation of the use granted shall bc in strict conformity to thc approved site, building and operation
a part of their lease by the Owner. which leax shall contain provisions for posting of thc pertinent conditions to notiry
5. Any of the ccnditions of this Grant which would normally be the responsibility of tenants of the premises shall be made
eniployces thereof. - ........ . "" ..... ." .... "" ~~~~~ .- .......... . __
.1.0(0.1" 18,N IIL..Y.C.
- "
.
"
,Yo. ?.CUG 2 138e71 LAY VENA d Relates to
Grant No. 79 -~ _-
Acceptance of ConditLons of Conditional Use Grant.
THIS COVENANT, Made this., .?..th. .day of. ..Mar. .. 19..80,
by. T0.m ... H ....... Ludwig.
... ... ...
... ...
for [he use and benefit of all persons from time to time resident or owning property within the
.Grantors,
boundariesofthe. .Ci.ty ....... of^.. ..Muskego.
( icy, Vlllsze. Town. County)
in its own right and as agent for the purpase of enforcing these presenrs on behalf of the above
descrikd class of persons, Grantees. RETURN TO:
The premises affected by these presents (hereinaltcr called the Premiscs) are the
following described lands in Township. .5. .Norrh. Ran~c. .?o. .East, i:? the County ii[i 407 ius: 690
of. ............................. Waukesha .nnd State of Wisconsin. to-wit:
All that part of the South East 1/4 of the North West 1/4
of Section 34, in Township 5 North, Range 20 East, in the
City of PIuskego bounded and described as foliows: Conmlencin
at the Southeast corner of said 1/4 Section; thence South 89
19' 40" West along the South lige of said 1/4 Section 334.00
East line of said 1/4 Section 70.17 feet to a point on the
feet to a point; thence North 0 24' West and parallel to the
Southerly right of way bine of Wisconsin State Trunk Highway
No. 36; thence North 64 26' 33" East along the Southerly
line of said right of way 369.00 feet toOa point on the East
line of said 1/4 Section: thence South 0 24' East alone: the East
6
line of said l/ Sect'on'225.4
Mail a&?&%&%%&hsere .... 2s; r.0.m~ ... t...~e~ s-outh ....... g*Eeet 1 .... t,! ,( ................................................ 58) t!?EeF thereof. lace of beginning,
Grantors warrant and covenant that at the tlme of the ensealinc and deliverv of these Dresenrs thev are all of the owners of the Premises
S106 W16440 Muskego Dam Road
.
and that no other person has any estate or intcrest therein except by reason of easements lor public utilities. building restrictions. dedications to
the public or public bodies. ihstruments not of record. and mortgogcr to banks, savings and 10311 assaciations or insurance companies.
Grantors represent tlmt petitian on their behalf was made to the. .ciL.y ............. b of^ ..... MUSkegO.
pursuant to the Zoning Code of the sad City (City. Villogt, .I-uwn. rauntyl ........... .. for grant of permission to erect andfor conduct on the Premises a use
agreements as to site. building and operation plans which were Incorporated into thl: Conditional Cse Grant; that based thereon Conditional
there permissible not by right but only by Conditional Use Grant: that in conncctian thcrcwith Grantors mede certain representations and
Use Grant No. ~~~ 1.9. was issued under date of. .E.&Z.Ua.ry .l.g. , 19 .a,!? and that a rr~~ecopy thereof is on file with the
.... ..... ............................................... Plan Commission .olthc. .Cit.y ........of,. Mu.s.k.e~gO. ...
(City. Vills~c. Town. Gunry)
NOW, THEREFORE, Grantors hereby accept the said Conditional Usc Grant and covenant stricrly to comply with dl of the terms
and conditions thereof. This covenant sIm11 run with the land and shall be binding on the Grantors and an all persons claiming any estate or
interest in the Premises by, through or under the Grantors, as long 8s the said Prclnises arc used as described in the Conditional Use Grant for
thcoperarion o(: .A. .waa.dworking. .cab.inet. .shop .... .... ........
, 19.80. In Witness Whereof, Grantors haw hereunto sct their hands nnd seals thi+!t.$. Jdp\of. .?by
~~~~~~
SIGNED AND SEALED IN PRESENCE OF
...
.......................... ................................. ..............................
CORPORATIOM
.(SEAL)
.(SEAL)
....... ".. .................... ............................................. (SEAL)
, TITLE
.(SEAL)
, TllL.
ACKNOWLEDGMENT INDIVIDUAL
STATE OF WISCONSIN. }s .G,unrg. Perscnolly come before
me this. .day of. ., 19. _,
., I'rcridcnt
., Sccrctary and.
of the above named corporation, to me known to be such persons and
oflicers who executed the foregoing instrument and acknowledged
that they executed the Same as such oficers. by its authority. for the
purposes therein contained.
TH15 INSTRUMENT WA9 DRAFTED BY
Jean Marenda (SEAL)
sr,',-l-r: OF WISCONSIN. .Wa.uke~sha. .taunty. Personally cnme before
mc this. .l.th.dsy of. .May. ., 19..80,
the "bow nomcd. .Tom. .. H... .L.udw.ip.
to mc known to be the persons who executed the foregoing instrument
and nclmowledgcd the same.
Notary Public. State of Wiscvnsin
hly Commission expires. ,!..~t!.~.,!..Z~.~+, ..........
Gra. .nber. .7.9
Sers. bZ.?l. bI 35, bo 74 and 19.97 Wir. Srarr.
........................ Waukesha ~County, Wisconsin. in regard to Premises at. .510.6 .... W1.6.4.40. .Mu.S.k.e~g~o .Dam. .Rd a
." ..~~~ ... .in Township.. .5 ..... North, Range. -20. ..East,. Nauk.e.sh.3.. .County, ...
Statc oi Wisconsin, furthcr dcscribed as iollows:
All that part of the Southeast 114 of the Northwest 114 of Section 34,
Town 5 North, Range 20 East, in the City of Muskego, Waukesha County,
Wisconsin, bounded and described as follows: Commencing at the Southeast
corner of said 114 Section; thence South 89' 19' 40" West along the
West and parallel to the Eastline of said 114 Section 70.17 feet to a point
Southline of said 114 Section 334.00 feet to a point: thence North 0' 24'
on the Southerly right-of-way line of Wisconsin State Trunk Highway No. 36;
thence North 64' 26' 33" East along the Southerly line of said right-of-waq
Oo 24' East along the Eastline of said 114 Section 225.46 feet to the place
369.00 feet to a point on the Eastline of said 114 Section; thence South
of beginning, excepting therefrom a strip of land along the Southline of
the above described property conveyed to the State of 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 purposc hereinafter described but that upon petition such use
may be approved by the municipality 3s a Conditional Use Grant in particular circumstances as defined by the standards
in the Zoning Ordinance; and
Petition thereiorc having been madc, and public hearing held thereon, and the^ ~~~!.?,?~!? Com.?i?.5!.!?.!?
(,\;ring Blciy)
oi the.. city ............ of ............. !?Y.?~ke.8.!?. ......... ....... having determined that by reason of the
of such use upon the term and conditions hersinafter prescribed would be consistent with the requirements of the Zoning
pxtichr nature, character and circumstanccs of the proposed use. and oi thc specific and contcnlporary conditions, grant
Ordinance:
Now. therefore. IT IS GRANTED, subject to com liance with the terms and conditions hereinafter stated, that
the Premises may be used for the purpose of^ .... a. wo.o.8w.o.rki.g .... C.a.b.1.n.e.t ... 8.h.o.~. .....................
(City. Village. Tarn. Counry)
.............. ...... ............................................... ...........
GRANTED by action of the. .Plan. .Commissinmf the ....... .C.i.tx ........ of ........ ~Mu.s~k.ega. ..
the. lst. .day of. .Au.gu.s.t. ...., 19..8.4.. (City. vlllsge. Tow Cuunry1 ......
Attest: .............. ............ (Seal)
A Sa'pntinP
........ .......
-Lean K. Marenda
.rlt!e.. .Ci.ty !Le..rk. ..
.ri~l~..~C.h.air.maa.
(Mayor. Preridanr. Chairman1
(City, Village. Town. County1 Clerk -
Original filed in the office of the..p.l.a.n.,.Co.m.m.i.s.siO.~.. .... .of the. .!XW ......... of .......... ?!!.skego.
(City. Villwc. Town. Cknty)
Slened :~ ... ..............
The CONDITIONS of this Grant are:
Cheryl Schmidt
hereof in such form as to constitute an effective covenant running with the land.
I. This Grant shsll become effcctlvc upon the exccutlon and recording by the Owners of the Prcmisu of an acceprancc
2. This Grant shall be void unless propcr application, pursuant to the building and zoning codes or the municipality, for
appropriate Building, and Zoning Use and Cccupancy Permits in conformity to this Grant, is made within.!?.. months
of the date hereof.
municipality.
I. Thh Crmt lo aubJoot to nrnendrnent and tarmlnatlon In nccordonoa wlth tho provldona of tho ZonlnB 6do of rhln
plans filed in connection with the Petition for this Grant, and annexed hereto.
4. Construction and operation of the use granted shall be in strict conformity to the approved site, building and operation
5. .4ny 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 lease shall contain provisions for posting of the pertinent conditions to notify
emolovees thereof.
6. Conditions on the Operations 3~i~. 4CJ7 i1i.k: 649
a. Hours of operation:
b. Performance standards relating to noise, vibration, odor, smoke or dust:
c. Water supply requirements:
cl. Provisions for sewagc disposal:
e. Other,
i
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:
6. Conditions on the Site
a. Street Access (number. location, dcsign)
b. Off-street Parking (location and tlcsign including screening thereof):
c. Loading and Service Areas (locaticn and dcsign):
(1. Outside Storage ol Ma~eria!~. Proclucts or Relw (location and screenin2 thereol)
e. Finished topgraphy and buildin: grades. retaining walls. storm water run-off.
f. Landscaping of the Slts and Bulldlnga (Inclucllne plont typca. aka, apoclnll):
g. Pedestrian \\~alk~vays. terraces, malls (location and dcsign)
h. Slgns (free standlng) location, size, deslgn (Includlng Ilghtlng):
i. Exterior Lighting of thc Site, location design and power.
.i. Other:
All outside storage prohibited.
i
Receipt of a True Copy of this instrument on behalf of the petitioner
._ ... ., 19..ao.
. . . . . . . . . . . . . . . . . . . . . . . . . .
'dot.:: Where the conditions 811: shown 011 mop. drowinp, photo~rap
No. ZCLlG l,~me,) COND1.. ..<AL USE GRANT 1126608 Gra. -mber. .Zg.. ". - " ~. Sccr. bZ 2). 61.11, 60.74 and 19.97 WI. SLnrr
Before the. .pl.?n. .CO.~.i.SS.i.On. ... of the. .c.itY~ ......... of. :.. .bSk.ego~
IAcrinn Lkdyl ~t~. V~IIW. row". CW~Y)
........................... Waukesha .County, Wisconsin, in regard to Premises at. S.l.Q.~...H~b~.~.a. .MUS.kegO..
Dam Road .in Township. .5. ._..No.th, Range. ...2 9. .East ,..... wi3UkdEL ......... .County. ..............................
State of Wisconsin, further described as follows:
All that part of the South East 1/4 of the North West 1/4
of Section 34, in Township 5 North, Range 20 East, in the
City of Muskego, bounded and described as follows Commencing
atothe Southeast corner of said 1/4 Section; thence South
89 19' 40" West along the South line 8f said 1/4 Section
334.00 feet to a point; thence North 0 24' West and parallel
to the East line of said 1/4 Section 70.17 feet to a point
on tne Southerly right of way l&ne of Wisconsin State Trunk
Highway No. 36; thence North 64 26' 33" East along the
Southerly line of said right of way 369.00 feet to aopoint
on the East line of said 1/4 Section; thence South 0 24'
East along the East line of said 1/4 Section 225.46 feet to
the ulace of bepinning. excepting therefrom the South fifty
(50)' feet therezf. -. -
11266308
of the. ..... Cit.y ............ of ........ Muskega. ........ ..................... having determined that by reason of the
1C1rv. villare. Town. Gunrvl
')riginel filed in the office of the. .R.I.tLLCbId.s.S.l,
The CONDITIONS of this Grant ore:
hereof in such form as to constitute an eKective covenant running with the land.
1, This Grant shall become effcctlve upon the execution and rccordlng by the Owners of the Premises of an ecceptnnce
2. 1-his Grant shall bc 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. .L2. .months
of the date hereof.
3. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code of this
municipality.
4. Gnstruction 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 lease by the Owner, which lease shall contain provisions for posting of the pertinent conditions to notify
employees thereof.
r='~ ~" " ~" ~- ""
.I.D.oU. ,Om .I,.."."
Now, therefore, IT IS GRANTED, subjcct to compliance with the term and conditions hereinaiter stated. that the Premises may bc used for the purpose of. .a...w.o.o.dworking. .cabinet~..shap.*. ....................
............... .... ...................................................... ... -. .....................
GRANTED by action of the.Plan. .Commissionof the ..... City .......... of ...... Muskego.. ......
the. .19.th. ... .day of ... .Eehruar.y. ... ., 1980 ... (Ciry. VillS8e. TOW". co "0)
(Seal)
.. k TI11 I... chPL.r.man ...... (Mayor. Prcddcnr. Cha1rrn.n)
'l'd.~ c.it.y .C.l.e.r.k..
(Cty. Villner. Town. County) Clerk
~~ ~~ ~~ ~ ~~ ~~ ~~~ ~
6. Conditions on the Operations liii 407 iIiii tm
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.
8. Conditions on the Site
a. Street Access (number, location, dcsign)
b. Off-street Parking (locarion and design including screening thereof) ~
c. Loading and Service Areas (location and design):
d. Outside Storage of Materials. Products or Refme (location and screening thereof):
e. Finished 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 dcsign)
h. Signs (free standing) location, size, design (including lighting):
i. Exterior Lighting of the Site, location design and power.
j. Other,
All outside etorage prohibited.
ReceiptofaTrueCopyofthisinstrumentonLehalfofthepetitioner
Note: Where the conditlonsare shown on mopo, drnwinga, phococraphs. or similar actechmenca, Enter: "4 Exhlbit. -
., . ,
':" 0
N~. I cu~qdwar, LAND'~WCENANT Relates to Grant No. 79 " , Acceptance of Conditlons of Condltional Use Gram
THIS COVENANT, Made this. .z.t.h. .day of. ..May.
by. ...To .m. ..H ... .LUdW&. ...
.. 19..8.0,
...
... ... .Grantors,
for the use and benefit of all persons lrom time to time resident or owning property within the
boundariesolthe~ .ci.tJ ....... .of... ..M!&kegQ. < ity. Villaae. Town. Gunry)
.................................... Waukesha ..........
.Id benefit of the said. .c.i.ty. .of.. ...?! uskeg!? .County. Wiswnrin. and for rhe use
....... (Ctry. Vdow Town, Gunty)
descxkd class of persons. Grantees.
In Its ow13 right and as agent for the purpose 01 enlorcing these presents on behalf 01 thc above
The premises sflected by these presents (hereinaltcr called the Premises) are the
following described lands in Township. .5. .North. range^ .2.0. .East, in the County
of. Wa.&.e.sha. and Stare of Wisconsin. [*wit:
All that part of the South East 114 of the North West 114
of Section 34, in Township 5 North, Range 20 East, in the
Cicy of Muskego bounded ana described as follows: Conmlencin
at the Southeast corner of said 114 Section; thence South 89
19' 40" West along the South lise of said 114 Section 334.00
East line of said 114 Section 70.17 feet to a point on the
feet to a point; thence North 0 24' West and parallel to the
Southerly right of way bine of Wisconsin State Trunk Highway
No. 36; thence North 64 26' 33" East along the Southerly
line of said right of way 369.00 feet to-a Doint on the East
6
line of said l/& Section-; thence South 0' 2L' East along the East
line of said 11 Sect'on 225.4 geet 5 t e la e of beginning,
Mail a&&&%~k&i%%is& re ................................................................................................. 2fi rom t e South i ty ( 8) QeeF t.~~~er~eof~:~ fi
S106 W16440 Muskego Dam Road
Grantors warrant and covenant that at the tune of the ensealing and delivery ol these prescnrs they are all of the owners of the Premises
and that no other person has any estate or interest therein except by reason of eaxments lor public utilities. building restrictions. dedications to
the public or publ:c bodies. instruments not of record. and mortgages to banks, savings and loan assxiations or insurance companics:
Grantors represent that perttion on their behalf wasmade to the., .cit.y. ........... .oT. ...... M!JSbegO.
pursuant to the Zoning Code ol the said. city
there permissible not by right but only by Conditional Use Grant: that in conmction therewtth Grantors made certain representations and
., for grant of permission to erect and/or conduct on the Premises a use
agreements as to site, building and operation plans which were incorporated into the Conditional Use Grant; that based thereon Conditional
Use Grant Xo. ~~~ 79. was issued under date 01. .Fehr.U.a.Xy. ..1.9. . 19~ 80 and tha: a true copy thereol is on file with the
(city, viunge. roWn. rounly) ...........
Plan Commission .................................................... .ol the. .c.i.ty .......... ~ofL ..MU.S.k.ego. ...
(City, Village. TOW". Guncy1
NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and covenant strictly to comply wirh all of the terms
and conditions thereof. This covenant shall run with the land and shall be binding on the Grantors and on all persons claiming any estate or
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: .A. .woa.dblorking. .cab.i.net. shop.,. ~.~~~ .~. ... ...... ........
In Witness Whereof, Grantors have hereunto set their handsand Seals this 7.t.h~ .fiol. ...M aY. n- r , 19.8.0.
SIGNED AND SEALED IN PRESENCE OF
.. -. .... ... ...
."
.(SEAL)
(SEAL)
TVPE NAME HERE
IF * CORPORATION.
.(SEAL)
, TlTLE
... I1 "
.(SEAL) ll CORPORATION
J . TITLE
ACKNOWLEDGMENT
STATE OF WISCONSIN, ... JSS. ......
me this.
,.Gunty. P~r.onnIIy oarno bdon
.day of. .. 19., _,
......... ............ ... ...., Preaident
and. ...
of tho above narnod corporadon, to me known to bo mch pcrmona and
., Secretary
offisera who executed the forcgolng instrument and acknowledged
that they oxecutcd rho me 08 ruch officers, by ID aurhorlty, for tho
purpw therein wnuined.
THIS INSTRUMENT WAS DRAFTED BY
Jean Marenda (SEAL)
INDIVIDUAL
STATE OF WISCONSIN, ........ hUhahn ........ Gunty. Pormondly onma bdora
me this. ... l.thday of. .Map. ., 1940.
the sbpve named. ... .%nl..# ..... J,,udw.ig., ....................
}ss.
..... . -. .. - ..... ....
and acknowledged the me.
to me known to bo the permon. who sxeouted ch8 fom6lnp InmtrYmanc
LUDWIG'S ~ABINET SHOP e
S106 W16440 MUSKEG0 DAM ROAD
MUSKEGO, WI 53150
(414)425-2521