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013 - 10/1/1957THIS COVENANT, Made thls .............. .day of. ............ 91 by. A,".d.r.eY. 0.s.chma.n.n. (A~u~d-Ma~r~ S~u.p.p.e~r~...C.1~ub.). ., 19. ~~~., .... ... ... for the use and benefit of all persons from time to time resident or owning property within the .Grantors, boundariesoithe. Y.L a ..................................... (Cw \'illaga. Tom. Counts) Muskego Waukesha ................................ Id benefit ai the sad. .c..% t.Y. .of. .~~~M!Ls.k.e.@ .County. Wisconsin. and for the use ....... iCll". Viilase. Town. Count") in its own nght and as agent for the purpose of enforcing these presents on behalf oi the above TAX KEY NO. descrikd class of persons, Grantees. I RETURN TO: "-~ Ab. The premises affected by these presents (hereinafter called the Premises) are the city Of Muskego Or' followmg described lands m Township. ..>. .North. Range. .?.o .East. in thc County W182 S8200 Racine or. .Wg~uk.e,s.ha and Sure or Wisconsin. to-wit: Muskego, WI 53150 PT NE 1/4 SEC 15 T5N R20E PARCEL 2 CSM 5359 V43/110 2.81 AC Mail address of the Premises is. 579 W15851 Aud-Mar Drive .................... and that no other perxln has any estate or interest therein except by reason of easements for public utditics, building restrictions. dedications to Grantors warrant and covenant that at the time of the ensealine and delivery of these prcsents they are all of the owners of the Prcmises the pubiic or public bodies. instrummts not of record, and mortgages to banks. savings and 103" assmiatrms or insurance companies. Ccan:.m repmcnt that pctition on their behalf was made to the .... c.i.ty.. ............ .OT MLlskes? pursuant to the Zoning Cad: of the said. for grant of permission to erect and/or conduct on the Prcmws a use agreements as to site, building and operation plans which were incorporated into the Condirianol Use Grant: thst based thereon Conditional there pcrmissible not by right but only by Conditional Kse Cmnt: that in Connection therewith Grantors made ccrtain rcpresentarions and City (Clry, \'48,:e, l'oun. Coun,y) ............... use Gmnt No. ... 1~3 .\vas issued under date of ........... ......... ...., 19 .9.1., and that a truecopy thereof is on file with the 9-17 Plan Commission ................................................ ... of the. ................... ................ ...... City .of.... Muskego (City. Village. Tom. Gunry) ar,d conditions thereof. This covena:x shall run with the land and shall be binding on the Grantors and on all persons claiming any esta:e or NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and covenant strictly to comply with all of the terms interest in the Premises by, through or under the Grantors, as Ion as the said Premiszs are used as described in the Conditional Use Grant for thcoperationof: e~x.P~a~nsion Of ... supper .......... .............................. ... In Witneas Whereol, Grantors have hereunto set their hands and seals this. ..3..f?..E. .day of ...A,. e.rF.&.W , 19. .%i SIGNED AND SEALED IN PRESENCE OF ... .(SEAL) -. ... (SEAL) I CORPORATION ACKNOWLEDGMENT INDIVIDUAL IJaukesha STATE OF WISCONSIN. }ss. .............................. me this .... 30 tbay of. 91 ..County. Permnally came before December .._, 19., ._._., and. .!.!.*.v.o..n. .!!.?.. .0.~.!7h.V.4.?.n. ., sscmmry .. President ....................... ,Aud.r.eJ. .x:. ,Os.c.h.man,!!,. cf thc nbow nanicd corporation, to mc known LO be such pcrsonsanrl officers who executed the foregoing instrument and acknowledged that they executed the some 83 such officers. by Its authority. for rhc purpse~ therein conmined. . , TlTLL .(SEAL) PT NE 1/4 SEC 15 T5N R20E PARCEL 2 CSM 5359 V43/110 2.81 AC provide that the premises may not be used of right for the purpose hereinafter described but that upon petition such use WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to State Statute. 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 therefore having been made, and public hearing held thereon, and the. .Plan...Co.rnmi.ssion (4c1inq Bod>) ................................. of the. ... .Cit.y. ...... of ......... ..Muskego ..having determined that by reason of the particular neture, character and circumstances of the proposed use, and of the specific and conteworary conditions. grant of such use upon the terms and conditions hereinafter prescribed would be consistent with the requirements of the Zoning Ordinance: [City. Villa~e. Town. Gunry) Now, therefore, IT IS GRANTED, subject to compliance with the term and conditions hereinafter stated, that the Premises may be used for the purpose of. .CX?.+.fi.@.i.!?.G.. .LC. ,.C?.fi.S.&.E.U.G.f .... a... b.Li.hi.i.nS. ..%idi.t.iff.R.,.Ci.t .................................... . .... ...th .e. .S.!PP.p.': .... FlUP~~ ............................................. GRANTED by action of thePl.an.~..c.o.m.~.iS.S.!.O.~.of the. .c.i.tY. ....... of ....... k!U.!.k.e.t.Q. ... the. ........ 1.7 .day of. ..?.C.P.tS.!b.S.':. .., I9 ... 9.1.. (ClCY, VillS*.. TOW". C"""tY) ".." ......... ......... (Seal) .... rt u.A ~ .G.:. ....... 0- c::~LK~@ ....... i ,' ,." - (Mnyor. President. Chsirmsn) T>c!e.!kEC!!.!f ;.ci.t..Y. ..c.kr.k.. (Chy. Vlll IIC Town. County) Clark ... Original filed in the office of the. .P.l.a.n. .Co.mmL.s.s.ia.n .... .of the. .City. ......... of ...... Mu.s.kagn. (City. Village. Town, Cynryi Signed:.. ... .[k&~/.kd:???.:!:~.. ..... The CONDITIONS of this Crent 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. appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within. months 2. lhis Grant shall be void unless proper application, pursuant to the building and zoning codes ol the municipality, for 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. Constructlon and operation of the use granted shall be In etrict conformity to the approved site, buildlng and operation plans filed in connection with the Petition for thls Grant, and annexed hereto. a parr of thelr lease by the Owner, whlch leaae shall contaln provlslons for posting of the perrlnent cTdltloM to notify 5. Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises shall be made ..... ll employees thereof. \, ,ID"."" mH .,,..",I, 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. Subject to rquirements in the original conditional use grant. 7 Conditions on the Buildings existing material and design. a, Facadematerialofeachbu,ldingside: Shall be architecturally compatible with the 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) parking lor. to include log parking spaces b acktopped by October/November b. Off-street Parking (location anddesi n includingscreening thereof the asphalting Of the c. Loading and Service Areas (location and design) 1992. d. Outside Storage of Materials, Products or Refuse (location and screening thereof) e. Finished topography and building grades. retaining walls, storm water runaff: 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: 1, Add 8 evergreen trees along the west lot line. j. Other: Receipt of a True Copy of this instrument on behalf of the petitioner acknowledged the. ...... ~.. .day of. .~~~. ."...". ..." ... ., 19. c . . . . . . . . . h'dte: Where the condi~ions arc shown on maps. drawings. photographs, or similar atrachments, Enter: "See Exhibit 1 1