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012 - 5/1/1957No. 2 CUC 2 ((Dw) LAND .~ .... Grunt ......... No. 12 D COVENARJ a Relnta to .. ~ ... ~. .. ................ " -. ~ "" Acceptance of Conditlona of Condirionnl Use Grant. (i f THIS COVENANT, hlnde this. .do? of. /;I- by. .Wi.l.liam, .B.oyc.e.. .. 19. ..I AX UtV NO. LTVRH 10: -~.. ~. - City of MuskegowX W182 S8200 Racine Avr. Muskego, WI 53150 and conditions thercof. This covenant s!1a11 run with the land and shall be binding on the Grantors and on ali perwns claiming any cstatc or ~, intcrcst in the Premises by, throuch or under thc Gmntors. OS Ion:: ns thr roid Prcrnixs R~C uzrd ns descrikd in the Conditionnl Lkc Gnnr 1-r NOW, THEREFORE, Grantors hcrcby occrpt tlx raid Conditional Use Grant nnd covenant strictly to comply with nll 01 thc tcmv thC opcrntion d: .a, .t.a.vern ,.and. 1,5.'.x.4.1.' ad.d.i.tio.n..and, .p,aving, .r.equi.r.eme.nts.,. In Witness Whereof, Crnntors have hcreunto set their hnnds and senls thls. .dnv of. , IC? I I! I t 1 ACUNO\-VLEDGMENT INDIVIDUAL I ti Conditione on the Operations Q. Hours of operaclan: b. Performance standards relating to noise, vibration, odor, smoke or dust: c. Water supply requirements I) Provisions lor sewage disposal e. Other. S. Conditions on the Site 'I I a. Street Access (nurnbcr. lwation, design) b. OIT-Street Purlting (location and design including screening thcreol): 'That a 20' area along the north L., I.oaJinll UIIJ Suvicc Arus (Iwiltion IIIIJ L~L,M~~II) J. OutsiJc Storagc of Motcriuls, I'roducts or I<cfusc (location and scrccning rhcrcof) side of the tavern will be paved no later than 2 ycars lronl the date of this approv; c. I~'i11isI~d w~qr:~~41y UIIJ Iwildillg GWLICS, rctaillilly \\,1111s, >tor111 \wcr rm1.t~~~ 1. Landscnping of the Site and Buildings (including plant types, size, spacing) g. Pedestrian walkways. terraces, malls (location and design) h. Signs (Tree standing) Ioc3tion. size, design (including lighting) i. Estcrior Lighrinl: of the SIC. location dcsign and p\vcr j. Otllcr I1 ... .wa.U.keslla.. .County, Wisconsin. and for the use 2nd benefit of the said. .c.;i.ty ..... .of. ..... MU.s.keg0. ....... (City, Viiloge, Town. Gunrvl ' I1 Acceprsncc of Conditions of Conditional Use Grant.'. ... .... ... ......... .Grantors, for the use and benefit of all persons from time to time resident or owning property within the baundariesofthe .......... c.i.f% ......... of^.. ........ ..~!XkegO. (City, Vtllsge, Town. Gunryl in iIs ow right and as agent for the purpose of enforcing these presents on behalf of the above described class of persms. Grantees. The premises affected by these presents (hereinafter called the Premises) are the following descrihd lands in Township. .5. .North, Range. -2.0.. .East, in the County of. .W.auke.sh.a. .and State of Wisconsin. t-wit: A* KEY NO. ETURN 70: " City of Muskego bla W182 S8200 Racine Ave. Muskego, WI 53150 PT S 1/2 SE 1/4 SECTION 5, T%N, RZOE, COM S1/4 COR. E 605.75 FT N15 29'E 203.54 FT THE BGN N15 41.5'E 208.56 FT SN87 33'W 209, 40 FT 514 54.5'W 207.85 FT S87 33' E 206.39 FT T( BGN R330/702 R806/512 WD 9/86 Mail address of the Premises is. ........................................................... 15194 S7060 Hillendale Grantors wrrant and cownant that at the time of the ensealing and delivery of these presents they are all 01 the owners of the Premises and that no other person has any estate or interest therein except by rcamn of casements lor public utilitwzs. bullding restrictions, dedications to the pcblic or pub!ic botiies, insrrumcnts not ol rccord, and mortgages LO bs+s. savings and loen ss~lciutio~~s or insursnce companies. Gmncsrs reprercrt that petirion 017 rllcir behalf was made to the. ...... city^^ ..... .oT~ .Mus~kegO~ pursuant to the Zoning Ccde of che said. there permissible tiot by right but only by Conditional Cse Grant: that in connection therewith Grantors made certain representations and agrccme;-Ls as to site, building and operation plans which were incorporatcd into the Condmonal Use Grant: that based thereon Condirtonel ., 1-7. ., acd rhat a truccopy thersof is an file u,ith the (Clry. VIIIaGc. ~T,,un. tounry1 "" ., for grant of permission to erect and/or conduct on the Premises a use Use Grant No. ,.LZ .\vas issued under date of. ..Plan. .Cammis.s.ion. .or the. .City. ............ a~.. Muskego. ... iciiy. V~II~~~. 'roun. G~~~~I NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and covenant strictly to comply with all of the terms and conditions thereof. This cownant shall run with tile land and shall be bindmg on the Grantors and on all persons claiming any estate or intcrest in the Premises by. through or under the Grantors. as long as the said Premises are used as dcscrhd in the Conditional Use Grant for the .a. .t.ave..r.n...and,. 1.5.'.x,4.l1 ddi.ti.o.n .... and .... paving. .resu.~~r.eme.nts.,.. In Witness Whereof. Grantors have hereunto set their hands and seals this^ day or^ , 19. SIGNED AND SEALED IN PRESENCE OF ......... ...... William Bovc .(SEAL) . - - .... .. (SEAL) TIPS NAME HEl4< IF A CORPORATION. . - - - -. ... .(SEAL) , TITLE .._ .(SEAL) , TITLE CORPORATION ACKNOWLEDGMENT INDIVIDUAL STATE OF WISCONSIN. ... }ss. .County. Personally came before me this^ .dey of. ... ... .. 1% ...... ... ..... ... ., President and. ... ...... .. Secretary of the shvz named corporation, to me known to be such persons and officers who executed the foregoing instrument end acknowledged purposes therein contained. char thcy executed the same as such officers, by its authority. lor the THIS INSTRUMENT WAB DRAmED BY' (SEAL) Before the.;., Plan ........................ Commieoion ..... .d thC .... ..,/. city ..dzsz,. ..Of .................................................. Muekego llllqllll ....... /.., .........., (Acting Body) (Cirv. Vlllase. Town. Guntvl .......................... Waukaaha ...... County. Wlsconaln, In regard to Prernlaea et ...... b1.1.94..d~.~R.O...~.~~~~n.d~.~~. ......... ........ ." ... .in Towship. ...$ .... North, Range ..... 20. ..... East ,..... ... .!!?.!k.%sh.+? ............ County. Statc of Wisconsin, further dcscribed as follows: PT S 1/2 SE 1/4 SECTION 5, T5N, R20E. COM S1/4 COR. E 605.75 FT N15 29'E 203.54 FT THE BGN N15 41.5'E 208.56 FT SN87.33'W-209, 40 FT S14 54.5'W 207.85 FT S87 33' E 206.39 FT TO BGN R330/702 R806/512 WD 9/86 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 purpose hcreinafter described but that upon petition such use may be approved by the municipality as a Conditional Use Grant in particular circumstances as defined by the standards in the Zoning Ordinance, and Petition thereforc having been made. and public hearing held thereon, and the^ ~Pla~...Co~mmis.si.o.~.. ...... ("Cting Rdy) of the. .City ........... of ......... Muskego. ........................ .having determined that by reason of the of such tlse upon the tcrms and conditions hcreinafter prescribed would bc consislent with the reql.iircments of the Zoning particular nature, character and circumstances of the proFosed use, and of the specific and contemprary conditions, grant Ordinance: (Cirv. vtlls~c. Town. Cauncy) t.low, thcrcfore. IT IS GRANTED, subject to compliancc with the terms and conditions hereinafter stated, that the Premises may be used for the purpose of. .a.. 15.!...?(...41.' .a.dd.if.i.o.n...t.o..t.he. .e.X.iS.ting. .str?l.C.t!Xg .......... GRANTED by action of the.P.1a.n. C.QW.is.si.on. ..... of the. ... City ... of.^ ........ ?!!E keg0 .................... .and. .park.i.ng .requiremen+s -.... ............ ...... ........................... ... ......... Lhe. d6.tb .day of. .......... ?!.?.Y .... (City, Village. Town. Gunty) ....., l9..89 Attest: T#tlc...G! .Ci.t.%. .Cl.e.r.k.. (City. Village. Town. Caunry) Clerk 2. This Ci-nnt shall be void unlcss propcr application, pursuant to the building and zoning codes of the munici ality, for , appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within ..... 12 .month: of the date hereof. II Original filed in the office o[ the. .Plan. C.ommis~s~i0.n ...... .of the. ... ..Ci.ty ......... of. .... .Nus.k.ega. Signed :... ........... 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 constitute an effective covenant running with the land. 3. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning 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 lease by the Owner, which lease shall contain provisions for posting of the pertinent conditions to notify employees thereof. ". ; .I.olr"r. l8,N .,L..".LL ~- IOMRI .- 6. Conditions on the Operations --=---I- - ,Y a. Hours of operation: b. Performance standards relating to noise, vibration, odor, smoke or dust: c. Water supply requirements: d. Provislons 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, design) b. Off-street Parking (location and design including screening thereof) That a 20' area along the north 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-ff: 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. side of the tavern will be paved no later than 2 years from the date of this approva Receipt of a True Copy of this instrument on behalf of the petitioner acknowledged the ........ .day of. ..................... .., 19 ..... ... Note: Where the condirmnz are shown an maps, drawings. photographs. or similar attachments. Enrer: "See Exhibit