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015 - 11/1/1957I1 ........................................ Waukesha ..... .County. Wisconsin, and far the use and benefit of the said. C.i.$Y...~ of^ ...... M!.<kO. ....... II (Ciw. V8lla.c. Tom. Gunrvl IEGISTEY in its own right and as agent for the purpose of enforcing these presents on behalf of the above NO. 2196.974 - .975 described clau of persons, Grantees. RETURN TO: .. V The premises affected by these resents (hereinafter called the Premixes) are the CITY OF MUSKEGO 4rS~'~~~ following described lands in Township. ... North. Range. .20. East, in the County w182 s8'!oo Rzcine r: I! of. .Maukeaba. .and State of Wisconsin, tc-wit: Muskego, WiS. 53150 All that part of the Southeast one-quarter and Southwest one-quarter of Section 9, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows, to-wit: Commencing at the South one-quarter corner of said section; thence South 89O 46' West 213.18 feet: thence North 9O 45' Bast 1760.38 feet; thence North 8l0 19' East 200.28 feet to the goint of beginning of the lands herein described: thence feet; thence South 8O 42' East 130.48 feet; thence South 8l0 18' West continuing North 81 18' East along the centerline of S.T.H. 24 224.70 100.02 feet: thence North 89' 28' 30" West 50.66 feet; thence South 90 45' West 128.00 feet; thence North 80° 15' West 110.00 feet; thence North 9O 45' East 221.86 feet to the point of beginning. Mail address of the Premises is. S76 ................................................................................... W17871 Janesville Road and [ha: no other person has any estate or interest therein except by reason of easements for public utilities. building restrictions. dedications to Grantors warrant and covenant that at the time of the ensealing and delivery of these presents they are all of the owners of thc Premises the public or public bodtes. instruments not of rccord. and mortgages to banks, savingsand 103" assrxiationsor insurance compeniss. Grantors reprcscnt that petttion on their bchalf was made to the .c.i$$! .............. .of: ..!!!U.S.k.~go.. pursuant LO the Zoning Code of the said. citp: ., for grant of permission to erect and/or conduct on the Premises a use there permissible not by right but only by Conditional bse Grant; that in wnncction therewith Grantors made certain represtentations and agreements as to sire, building and op&xion plans which were incorporated into the Conditional Use Grant: that based thereon Conditional (clrS. vllloye. loWn. rSunrgl Use G~nt No. .Is. .was issued under date of. .Recea&r. .3. .. 1952 ... and that a truecopy thereof is on filc with the Plan. .Co.mmissio.n. - .of the. .city .............. of .... ..klSkegQ. (City. Village, Town. Gunryl and conditions thereof. This covenant shall run with the land and shall be binding on thc Grantors and on all pcrsons claiming any estate or NOW, THEREFORE, Grantors hereby acccpt thc said Conditional Use Grant and covenant strlctly to comply with dl of the terms interest in the Premises by, through or under the Grantors. as long 81 the said Premises arc used as described in the Conditional Use Grant for In Witness Whereof, Grantors have hereunto set their hands and seals this^ .g .day of. .X&w , 19..rP the operation of: ..,%e. .BXhibi.t. .A. .... ...... SIGNED AND SEALED IN PRESENCE OF ~ "fi ., /' ....... (SEAL) I '" .(SEAL) , TITLE ......... ...., ... .(SEAL) It J , TITLE ACKNOWLEDGMENT CORPORATION INDIVIDUAL STATE OF WISCONSIN, lSs, STATE OF WISCONSIN, .County./ Personally came before .. .Wadteaha. ... .6unty.}ss. Personally camebef r me this. .day of. ., 19., ., me this. .g .day of. ~~ .- ., 1912 .. President the above named. .Job.!! .... ?.e.. S.t.r.8.s.~.!?r. ...... and. .. Secretary of the above named corporation, to me known to be such persons and pu~- rbrcln conulned. .................... that they executed the same a3 such officers. by its authority. for the officers who executed the foregoing instrument and acknowledged to me known to be the persons who executed the foregoing instrument THIS iNBTRUMEHT WAS DRAFTED BY (SEAL) Barbara J. Sands Exhibi.t A Bulk Puel Oil Plant . Automobile Service Station 40' x 80' Building for Storage and Truck Parking Parking of 3 Commercial Trucks (Semi) 601 x 50' "L" shaped addition 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 2nd Zoning District Map of the above named municipality, pursuant to State Statute, may be approved by the municipality as a Chditional 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. .Plan...Commissh. IAcrmg Body) of the. c%' ............ of ....................... Muskego tCirv. Villaae. Town. Gunrvl .having determined that by reason of the particular nature, character and circumstances of the proposed use, and of the specific and contemporary conditions, grant of such use upon thr terms and conditions hereinafter prescribed would be consistent with the requirements of the Zoning Ordinance: the Premises may be used for the purpose of. .... s.e.e...&Chibit .... 9 ......... ." ................... Now, rhzrefore. IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated, that .... - -. .............. ... .............. GRANTED by action of the ...p.lall the. .1.8. .. .day of^ .JUtX ..... &test: .... ................................................. ............ .caF!u!lris.s.iarrf t .~~, 19. 7.4. .......... .... .... (Seal) Qriginal filed in the office of the ............................................. Plan Commission of the. ............... city of. ................................. Muskego Signed: ................... The CONDITIONS of this Grant are: Recordine Secretarv I. This Grant shall become effective upon the execution and recording by rhe Owners of the Premises of an acceptance hereof in such form as to constitute an effective covenant running with the land. 2. This Grant shall bc void unless proper application, pursuant to the building and zoning codes of the municipality. for of the date hereof. appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within..l2. .months municipality. 3. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code of this 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. Any of the conditions of this Grant which would normally be the responsibility of tenanw of the premises shall be made - a part of their lesae by the Owner, which lease shall contain pmvisiom for catins of the pertinent conditionr to notlfy employees thereof. - "" " """2 """.. lllWUU WIN MWIUIM 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 dispsal: 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: to e. Other: As per plans submittcd/and approved by the Plan Commission June 18, 1974, and on file in the office of the Plan Commission of City of Muskego. the City of Muskego and in the Building Inspector's office in the 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 ol Materials. Products or Refuse (location and screening thereof) e. Finished topography and building grades, reteining walls, storm water run&: f. Landscaping of the Site and Buildings (including plant types, size, spacing): accordance landscape lans approved by the Plan Commission September 3, 1974. ~ ~~~ ~ ~ ~" ~ g. Pedestrian \Val II tways. terraces, malls (location and design) h. Signs (free standing) location. size, design (including lighting), In accordance with the site i. Exterior Lighting of the Site, location design and power' plan approved by the Plan Commission June 18, 1974. J. Orher: The existing automobile service station shall be razed within 30 drys after completion of the new etation, The premises shall be kept neat and orderly at a11 times and parked vehi4les shall be parked in a manner that reduces the appearance of clutter. That new construction and removal of the existing building shall be completod by Docember 31, 1974-t the black top .hall bo inmtalic not later than 15 t 1975 Receipt of a True Copy of this instrument on behalf of the petitioner acknowledged the ..J.... .day or ..... .. /... ...... ..... .....~. ., 9z 1n- ."...... ..& .&:<..C+?+ .&2? ...... .......... ~~ ."...... < 7 ,_ /4" .. Nor:: Where the conditions erc shown on maps. drowinp. photograph.. or similar attechmenu. Enrer: "See Exhibit. =. " .) , *I .. ~ A, Doc. Yo. 7.88 recorded in Vol. 1225, Page .............. I 110a7) CONL .IONAL USE GRANT .~ Grv'rt Number.. .Is.~~~ ... [:!I %.Oo' IMCE e,?' l~.bl.)~.M174end1997WI~.Slau. ." Waukesha ...................... ... ..county, \visconsin, in regard to Premises at. 5.76. .W.l787.1 .J.aaesville. .%a ...... ... .in Township. 5. .Nortll, Range. ... 2.0. .East,. !!6.U.keSha. .County, Statc or Wisconsin.~M~&XYt~x WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to State Statute, may bc approved by the municipality as a Conditional Use tirant in particular circumstances as defined by the standards provide that the premises may not be used of right for the purpose hereinafter described but that upon petition such use in the Zoning Ordinance; and Petition thereforc having been rnadc, and public hearing held thereon. and the .Elm. .Commission. C#k<I<,E WVl .. of the. city ........ of ..................... Muskego ... .having determined that by reason of the particular nature, character and circumstances of the proposed use, and of the specific and contemporary conditions, grant of such use upn the tetnls and conditions hereinalter prescribed would be consistent with the require~nenrs ol the Zoning Ordinance: ((:icy. Vlllagc. Town. County) Now, therelore, IT IS GRANTED, subject to compliance with the term and conditions hereinafter stated, that the Premises may be used for the purpose of. .&?.e. .&hibit ._.. 4.. ___ ....... ..................... .................................. .................. ............................................................ ......... ., GRANTED by action of the ...P.l.a.m cQ~~S.&tJf the. .ci.t.Y ........ .of ..... ....... ........... the. .1.8.. ... .day of. .?Tunc .... ., 19. 74.. %test: ......... '(Seal) ................. ...... ..... - (Mayor. President. Chsirmsnl (Clcy. \'lllcyc,Toun, Cauncy) Clerk "" ~ - "Tiginal filed in the olfice ol the .......................................... Plan Commission .of the.. ...................... City of .......................... Muskego /' (City. vlllsgc, Tm %"my) .". Signed: ............................ p.LAL4.q .............................. ,&%-7' ,Id/ ,. I. This Grant sholl become afkctlvc upon the executlon and rrcordlng by tho Ownan of the Prcmlau of an ncoeptsnco hereof In auoh ferm ~,LI to mqstitute an effective covenant running with the land. 2. This dralit ShMll be Void unless proper application, pursuant to the building and zoning cocles ol the Inunicipality, for of the date hereof, appropriate hlldlnp, slid ZonM Uw and Occupnrlcy Pumlts In wnformlty to this Grant, Is mde wlthln .=... mnonlh9 3. Thls Grant is subJect to amendment and termination in accordance with the provisions of the Zonlng Code of this municipality. 4. construction and operation of the use granted shall be in strict conformity to the approved site, building and operetion plans Rled In mnnaccbn wlch rho Peclclan fer thla Grant, and annexed herem. arbara J. S". ds The CONDITIONS or this Grant are: Recording Secretary I. Any aI the conditions of this Grant which would narnrally be the responsibility of tenants oE the premises shall be made a part of their lease by the Owner, which lease shall contain provlsiona for posting of the pertinent conditions to notify smp&yccr thereof. .- - . . ." .... . "- ............ ." " - . - ". ". "_ .I,.. ..,. 8"" "111111... - '8 X I/ 0 ' DOCUMENT NL STATE BAR OF WISCONSIN FORM 1 - 1882 WARRANTY DEED "" .. ..... .- ... _ CITY OF MUSKEGO, a ~ "" __ This Deed, made between ......................................................... .Munlf.i.Ral..CplrpplsEatjon .................................................................. ................................. .......................................... ......................... ................................................................... Grantor, and. .J.A~K..S~RASS~R..and..MARVlN..S~RASSER .................................. .... .............................. ...................................... ........................................................ ............ ................ ................................................... ....., Grantee, Witnesseth, That the snld Orantor, for n valuable conolderntlon. .o.f ,$.l..and...~.~h.er..go.o.d. a.n.d. .val.u.ak.l.e. c.o.rrs.l.d.e.r,a~io.n ......... conveys to Grantee the following deacrihed renl ertnte In ... .blaukeslla. ... County, Stnte of Wisconain: J .. - Part TnxParcel No: ... HSKC..2196~916 ...... The Northeasterly 132 feet of the following: All that part of the Southeast i of Section 9, Town 5 North. Range 20 East, in the City of Muskego, County of Waukesha, State of Wisconsin, bounded and described as follows: Starting at a point which is North 9' 45' East 1217.76 Eect from a point on the South line of said Section 9, which is North 89O 46' East aud 91.38 feet distant from the i corner on the South line of said Section 9; thence North 80' 15' West 150 feet; thence North 9' 45' East 330 feet; thence South 80° 15' East 150 feet; thence South 9O 45' West 330 feet to the place of beginning. This .. .i.S...n.ot ............ homestead property. (ia) (la not) Together with all and singular the hereditaments and appurtenances thereunto belonging; And.. ... c!tY .. .9f...MU.=kegO........... ........... ...... easements and restrictions and municipal and zoning ordinances, ....... ....... warrants that tile title is good, indefeasible in fee simple and'iiee nnd~;lear of encumhrnllces except recorded and will warrant and defend the same. ............................................ ..... (SEAL) ............................................................... ....................................................... ...( SEAL) I ...................................................... AUTHPNTIOATION Signature(n) ............................................................ . authenticated this ........ day of ............................ 19 ...... ................................................................................ ................................................................................ . ............................................................................ TITLE: MEMBER STATE BAR OF WISCONSIN (If not, ............................................................ authorized by P 700.06, Wla. Stnts.) ............ .By:. ..(SEAL) * ... ............ ~ ~ ..!.. AOKNOWLIDoMINT STATE OF WISCONSIN Waukesha ...................................... County. I 88. Personally came before me thia .. /J! h..... day of ....... hf -q.$I!... .................... 19.q/ .... the above named .Giilrns .. G.....Sal.n.....,....ay.?.r...and..J.ean...K .! ..... .~axa:nda,..Claxk....pS...fb.e...C.t.Fy...~.f..~.~.$k.~~o... ............................................................................. to me known b be the person .s ........ who executed the ~nstrument end scknowlqrlge the anme. G . &-4m k.~) ....... ................................................ ............... ........ cARa.L..R.?..~.!.C!!.o~!.ki .......................... ............ MY Conmission Is uermancnt. (li not, atnte eaplrntion Notnry Puhllc .dWk.?5hL .cou~~t~, wls. date: ...... ..................... ie.W..) -- . ........ .... ............ . ........ -. -, - ...... ........ No. 7. CUG 2 119e71 LA, ..... .. ." ...... I! .___ I ......... /I 'I CORPORATION ... (SEAL) ACKNOWLEDGMENT INDIVIDUAL S. Exhibit A "- Bulk Fuel Oil Plant Automobile Servlce Station 40' x 80' Building for Storage and Truck Parking Parking of 3 Commercial Trucks (Selai) 60' x 50' "L" shaped addition . That the 15 vehicles to be stored outside be parked within the fenced st I. 'That no commercial vehicles be parked outside that create a noise distur area located at the rear of the existing service station. :. That the parking area be maintained free of trash and debris and kept gr to surrounding property such as refrigerated trailer rigs. with dust-proofed sealant and graded. . 'Chat no junk vehicles and/or truck and car parts be placed in the outsid s torage area. ': That the vehicles remaining in the outdoor storage area sllall enter Or e only during normal business hours wl~ich are 7 AM to 7 €'!I Elonday through Friday, 7 AM to 6 PM on Saturday and closed on Sunday except for the tow vel~icles, that a representative of Kristin Downs shall meet with Mr. Strasser to come to an agreement regarding tl~e type of Fencing which wi1.L be established along the property boundary I.lne as per the survey done by Kristin Downs; if no agreement can be reacl~ed the matter will be . That parking blocks or other barriers be establisl~ed to prevent vehicles referred back to the Plan Commission at their next meeting for a decisio encroaching onto the adjoining Kristin Downs property. IlrOriclC tllat the pl.elTIiSCS 111;ly noL he used of light. [or tl~c purpose Ilel.ein;lfter dcscl-ihccl [hut tllac upoll petition such use WIIE1WA.S the Zoning Cixlc and i<~l1irlg DisLrict Map or the abve nalncd lnnu1icipaIiLy, puvmant LO State SLatute, ll1;ly lie appIowcI h.~ the nlunicipali~y as a (i~nclitional Usc Grant in parlicIII:lr circwllstanccs as defined by tile standards in the Toning @l.dinanre; and I .. . ~~ ~~ ~ ~ .~~ .. . . ~~ ." 0. 6. Conditions on the Operations Vehicles to be stored outside to be parked within the 7 PM. The area to the north will not have restrictions on their hours. ' a. Hoursofoperation: fenced storage area and to establish hours from 7 AM to b. Performance stanGards relating to noise, vibration, odor, smoke or dust: that''crkLt2 a noise disturbance to surrounifng ~ro~ertv suck'as refrigerate No com rcial vehicles' e' park d'outsid c. Water supply requirements d. Provisions for sewage disposal: .. trhiler rigs. - This conditional use grant is subject to yearly review. e. Other: Limit drive-in traffic to the rear lots in the "new" two lots holding ar (for disabled vehicles and vehicles being serviced). 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. OH-Street Parking (locationanddesign includingscreeningthereof), Parking area be maintained c. Loading and Service Areas (location and design) d. Outside StorageofMaterials, Productsor Relrlse (location and screening thereor), N~ j unk vehicles and e. Finished topography and building grades. retaining walls, storm water rtln-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. Exterinr Lighting of the Site, Incatinn dcsign and power. j. Other: Parking blocks or other barriers be established to prevent free of trash and debris and kept graveled with dust-proofed sealant and graded. truck and car parts be placed in the outside storage area. vehicles encroaching onto the adjoining Kristin Downs property. ~~~ ". I~eceiptofa'l'rr~cCopyolrhis instrumcnt on lbehalfof thc Ipetitioner acknowledged the~.'?.[?. .day of.,&&,?z.!..!hL ., 19. ?/ ' .- -, I. I) Relates to NO. z cue .? 11987) LAND VENANT GrantNo. 15 - * Acceptance of Condirlons of Conditional Use Grant. .- -~ " THIS COVENAWT. Mvlede this. .day 01. by. .Jack. .S.rr.ass.e.x. .and. .Mar?ria..S.trass.ar. ~,!9. ., ... ... .Grantors, for the use and benefit ol a!l persons from time to time resident or owning property within tk boundanesol the .Ci.~y ...... .OL~ ..... Mus.kego.. ... (CiY, villsg.. Town. Gunry) Wau.kes.ha. benefit of the said. .Ci.t~. of. .... .M.uskego.. ..... .County. Wisconsin. and lor the use . (Ciw. Vi1 age, Town. Gunrvl dcrcrihfd chs oi persons. Grantees. VI ITS own right and as agmt for the pr:rposc of cnfc>rcin~! rhcse prcsents on brhu:f oi thc abovc The prcmiscs aflected by these pr;scntp (hcrcinslcer callcd the Premises) arc the lo!lowing clescl~iherl lands in Tmmslip. .5. North. Range. .29. .East, in the County Waukesha, .................... .and Sratc cl Wisconsil?. tc-wit: .... ,f!., ,.':> ... -. . ., .AX ME" NO . cll8i S8200 Racine Muskego, WI 53150 __I~_ ...... ...;_..F_..C.. " The .Northeasterly 132 fei:t of tile following: All that part of the Soucheast k of Section 9, Tdwn 5 North, Range 20 East. in the-City. of Mu'sl;ego, County of Ilaukesha, State of Wisconsin, bounded an8 described as -follows: Starting at a point which is North 9' 45' East 1217.76 feet from a point on the South line of said Section 9, which is North 89' 46' East and 91.38 feet distant from the !t corner on the South line of said Section 9; thence North 80' 15' West 150 feet; thence Nnrth 9 45; "0"" E3st 330 feet. thence South 80° 15' East.150 feet; thence South 9 ~~ ~~~~ -~ "" West 330 feet to the place of beginnlng. Mail address ai the Prrmiscs is. .s.?.h .w1.7.87.1.. .~J.a.n.e..S.V.i.l.l..e. .R@a.d.x. T.?? ..K..W. 1!.?19.6:.?.7.6 Grantors warrant and covenant that at the timc oi the ensealing and delivery of thcse presents thcy are a11 of the caners oi the Prcmisss and th3t no other person has any estate or interest therein except by reason of easements for public utilities, building restrictiolls, dedications to the puh!~ or p;Llic boriics. instrumelm nct al record. and morcgagcs to banks, ssvings and loan assocmtions or insuraticc comjanics. Cuanrars reprcsent that petition on their bshalf was made to the. .... c.i..t$. ........... .of.. .M.U.S.k.e.go pursuant to thc Z0lair.g Code of the said.Pl.an. .C.C!mm.iSS.iQ.n. ., lor grant ai permmion to mct and/or conduct on the Trcrnises a use there pcmissible not by right but only by Conditional Gse Grant; that in camcctton thercwith Gmntors made certain repwcntations and agrccments as to site, building ar.d opcratian plans which were incorporated i,Xo the Canditlonal Cke Grant: that bascd thcrcon Coildltioil3I Llsc Grant Sc .15. ~ns issued under istc oi. ... , 19. ., on3 thtn truc<:r;~y rhercdism hlc vxit:? tl:c (Cii,.. ViilO%, Tsun. County1 Plan. ..C.o.mmis.s.ia.n. ..of the. .Ci.tY.. ....... .of.... .M.u%k~eg.e (City, viiiaae. TOW". Cnunry1 and cmdici0r.s thereof This wwnmt shall run with the land and shali bc binding on the Grantors and on all persons claminp any estate or NOW, THEREFORE, Grantors hereby accept thc said Conditional L'se Grant and wvenant strictly to wrnply with ail of the terms intcresr in thc Premises by. through or under the Grantors. as long as the said Prcrnises are used as described in the Condttioml Use Gmnt for thc 0pe:ation ol: .e.?P.a.!.?..!.o.?.. .!.F.d ..al?.C.Fd.!!C.F.! t.0 .... c.O.F.d.~.~.~.~.n!1.. .?.?.e. &.?.a,*..!.. !.1.5 .... t.0. ad.d. .2. .? In Witness Whereof, Grantors lhnve hcreunto set their hands and seals this. ..&& .day of. ./>&!-e7..&:-.. , 19. ?{ SIGNED AND SEALEV IN I'I1ESEiiCE OF ... .(SEAL) (SEAL) Replaces Doc. No. 897 c L6 recorded in ~~f~~~ Plan Commission ...... ................... ... .............. .of the. musk of City Muskego (Acting Eodyi (Ciry, Village. Town. Counry) Waukesha ... ..County, Wisconsin, in regard to Premises at. .............. S76 W17871 Janesville Road ..... .in To\vnship. .......... 5 North, Range. .zo ..... East,. ... Waukesha .Co~nty. kate oi Wisconsin, further described as follows: Exhibit A Bulk Fuel Oil Plant Automobile Service Station 40' x 80' Building for Storage and Truck Parking Parking of 3 Commercial Trucks (Semi) 60' x 50' "L" shaped addition .~ That the 15 vehicles to be stored outside be parked within the fenced StO' !. That no commercial vehicles be parked outside that create a noise disturb, area located at the rear of the existing service station. I. That the parking area be maintained free of trash and debris and kept gra' to surrounding property such as refrigerated trailer rigs. I. That no junk vehicles and/or truck and car parts be placed in the outside with dust-proofed sealant and graded. storage area. ). That the vehicles remaining in the outdoor storage area shall enter or ex only during normal business hours which are 7 AM to 7 PM Monday through Friday, 7 AM to 6 PM on Saturday and closed on Sunday except for the towe Mr. Strasser to come to an agreement regarding the type of fencing which vehicles, that a representative of Kristin Downs shall meet with will be established along the property boundary line as per the survey done by Kristin Downs; if no agreement can be reached the matter will be referred back to the Plan Commission at their next meeting for a decision .I Y Y provide that the premises may not be used of right for the purpse hereinafter described but that upon petition such use may be approved by the municipality as a Conditional Use Grant in perticular circumstances as defined by the standards in the Zoning Ordinance; and Petition therefore having been made, and public hearing held ther-eon, and the. P1a.n~ .c.omm.iss.ion ........ ~. . (Acring mdy) of the. ..C i.tY ............. of ......... ..Muskego. .......................... .having determined that by reason of the particular nature, character and circumstances of the proposed use, and of the specific and conternpxary conditions, grant of such use upon the terms and conditions hereinafter prescribed would be consistent with the requirements of the Zoning Ordinance: Now, thereforc. IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated, that the Premises may be used for the purpose of ...e xe.a.es.i.0.n .... and .... a.E.e.*!!EC.*t. .t.o. cond.i.t.i.o.na1.. ........ GRANTED by action of theP1a.n. .~.o.~!~*.s.i.o.n.of the ........................ city of ........................................... (City. \'illage, Town. Guniy) g.r-a.n.~...#.i.,$ .... t.0 .... add. .. two ..l.ot.S.,.. .L 0.!.8...?9 .... ad .... 4.0.. ........................................ ................................ %i.. uskego the ....... Tth. .... dav 0L.M.a.y ......................... _, 19 ... 9.1. (CITY, Vdlaae, Town. County) Attest: Qriginal filed in the omce of the^ ............. ~.. ........ ofthe. .. ......... ............... of. City Muskego ". Signed:.. .. The CONDITIONS of this Grant are: I. This Grant shall become effective upon the execution and recording by the Onncrs of the Premises of an acccptance hereof in such form as to constitute an effective covenant running with the land. 2. lhis Grant shall be void unless proper application. pursuant to the building and zoning cgdes of the municipality. for of the date hereof. appropriate Bullding, and Zoning Use and Occupancy Permicl in conformity to this Grant, is made within. .months 3. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code of this munlclpality. 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. Any of the conditions of this Grant which would normally be the responsibility of tenanb of the premises shall be made a part of their lcare by the Owner, which lease shall contain provisions for posting of the pertinent conditions to notify employees thereof. ~ .. ." .. -. ~ ~- .~~ 11','<1,1 ,111, P,ilrlllrl 6. Conditions on the Operations Vehlcles to be stored outside to be parked within the a. Hoursofoperation: fenced storage area and to establish hours from 7 AM to b. Performance standards relating to noise, vibration, odor, smoke or dust: c. Water supply requirements trailer rigs. d. Provisions for sewage dispsnl e. Other. This conditional use grant is subject to yearly review. Limit drive-tn rraffi.c to the rear lots i.n the "new" two lots holdi.ng ar (for disabled vehicles and vehicles being serviced). PM. The area to the north will not have restrictions on their hours. , i<, ' that create a noise disturbance to surrounylng property such as refrigerate No com ercial vehicles be parked,outsid 7 Conditions on the Buildings a. Facade material of each building side: b. Entrances, Design and Location: c. Signs attached to che Building, Location, Size, Design (including lighting): d. Exterior Lighting of the Building: e. Ocher: 8. Conditions on the Site a. Street Access (number, location, design) b. OffStreetParking(locationanddesignincludingscreeningthereof): Parking area be maintained c. Loading and Service Areas (location and design): d. Outside Storage of Materials, Products or Refuse (location and screening thereof) N~ j unk vehicles 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 Lighcing of the Site, location design and power' j. Orher: Parking blocks or other barriers be established to prevent free of trash and debris and kept graveled with dust-proofed sealant and graded. truck and car parts be placed in the outside storage area. vehicles encroaching onto the adjoining Kristin Downs property. Receipt of a True Copy of this instrument on behalf of the petitioner acknowledged the..d..L?. day o~...~~~~~~.~~..~~~" .. 19. .?/ 'i . . ,--" Replaces Doc. No. 88 recorded in LIL COVENANT of Conditions of Conditional rnGrWO 11661 476"""- THIS COVENANT. Made this.. ................ 18th .day of. June ................. by. ... JC!hn.. .p... .S.t.EAS#.tX ...... ......... ... ... ... for the use and benefit of all persons from time to time resident or owning property within the boundariesoi the. ci.t.y ............ .ofL .M.".ek.?g!? 1ciry. Villag., 1ovn. &my) ........................................ Waukesha ,..... ~County. Wisconsin, and lor the use and benefit oi the said. ci.tv .. or. ..... M.u!dk?@?. Icily. VIIIagc. Town. Gunry) in its own right and as agent for the purpose of enforcing these presents on behal described class oi perrons. Grantees. RETVRH TO: iollowing described lands in Township. _.. 9 .North. Range. .20. .&st. The premises affected by these resents (hereinalter cnlled the Premiscs) are the CITY OF MUSKEGO oi. .waars.ha. .and State of Wisconsin, fewit: All that part of the Southeast one-quarter and Southwest one-quarter of Wisconsin, bounded and described as follows, to-wit: Commencing at the Section 9, Town 5 North, Range 20 East, City of Muskego, Waukesha County, South one-quarter corner of said section; thence South 89O 46' West 213.U feet; thence North 9' 45' Bast 1760.38 feet; thence North 8l0 19' East 200.28 feet to the oint of beginning of the lands herein described; thenc continuing North 81g 18' East along the centerline 0f.S.T.H. 24 224.70 feet; thence South 8O 42' East 130.48 feet; thence South 81° 18' West West 128.00 feet; thence North 80° 15' West 110.00 feet; thence North 9O 100.02 feet; thence North 89O 28' 30" West 50.66 feet; thence South 90 45' 45' East 221.86 feet to the point of beginning. ....... ....... UseGrantNo. ~~~ .Is. .was issued under date oi. -December. -3. ., l957.., and that a truecopy thereof is on file with the ~lan ...(;.o. .mmis.s.ian. .r .of the. .City ............. of... .Muskem .(SEAL) .. -. ._ -. .(SEAL) , TITLZ ....... -. ............... ..... ... ,- ... ... .... ...... .(SEAL) . TITLE CORPORATION ACKNOWLEDGMENT INDIVIDUAL STATE OF WISCONSIN. STATE OF WISCONSIN, Persanally came before .Wa.ukeaha. .County. personally can,e ... ... }ss. me this., ,.day of. ., 19 ... ., me this. .f .day of. .... .?&" _, 1974 and. ._._ Of rhe above named mrporstion. to me known to be such persoqsand tome known to bc the persons who executed the foregoing inStNment officers who executed the foregoing instrument and scknowlidged and acknowledged the =me, /I .,. ... .. President the above named. ... .JQh.?3., ..P.F.. ..~.ka.#.SL.F. ......... ., Secretary , 3 ... A, Doc. No. a688 recorded in Vol. 1225, Page a' .,, ..- Waukesha ..................... ..... ..County, \'disconsin, in regard to Premises at. .s.7.6. .w.1787.1. .Jir.llC.S.Y~~~~. ..bi ... ..in Township ... .$ .... .Noltll, Icangc ... .2.0. .East,. h!W!kCSha... ... .County, ...... State or Wisconsin,&&*&=- Sxhibit, A Bulk Puel Oil Plant Automobile Service Station 40' x 80' Building for Storage and Truck Parking Parking of 3 Commercial Trucks (Semi) 60' x 50' "L" shaped addition WHEREAS the Zoning Code and Zoning District Mapof the above named municipality, pursyant to State Statute, provide that the premises may not be used of right for the purpose hereinafter 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. .Plan. .Commission. ..... (Acting Body) ol the. city .............. of ...... Muskeao ........................................... having determined that by reason of the (City. Village. Town. Carntv) particular nature, character and circumstances of the proposed use, and of the specific and contemporary conditions, grant of such use upon the terms and conditions hereinafter prescr'ibed would be consistent with the requirements of the Zoning Ordinance: the Premises may lx used for the purpxe of. .%Le... &Chihit. .A Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated, that .... ........ ................. ... - -. ................... ........... GRANTED by action of the. .P.k.n. the. .... 1.8.. ... .day of .... .JUllt: ... f$yest: ................................... ............................... .cQt!UUi.S.S.hsi the. .ci.$.Y. ...... .of ..... ..MU.S.kegO. ...... ... ., 19. 74. ........ ... (Mayor. Prcridmr. Chsirmonl ., ii ...... .... Original filed in the office of the .............................................. Plan Commission .of the. ................ City of ........................ Muskego 8' (r <./LA L... $p J?? dd.. Signed: ............................. ..... (City. V!llsgt. T ,County arbara J. S ds The CONDITIONS of this Grant are: Recording Secretary 1, This Grant shall become effective upon the execution and recording by the Owners of the Premises 01 an acceptance hereof in such form as to constiLute an effective covenant running with the land. appropriate Building. and Zoning Uae and Occupancy Pennltr In rronformlty to this Grant. Is medc wlthln..n. months 2. This Grant shall be void unless proper application, pursuant to the building and zoning codes of the municipolicy, lor of the date hereof. 3. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning &de of this nunlclpallty. t. Construction and operation of the use granted shall be in strict conformity to the approved site, building and operation dans filed in connection with the Petition for this Grant, and annexed hereto. ;. by of the conditions of this Grant which would normally be the rcdponsibllity of tenanfi of he premises shall be made I part of their lease by the Owner, which leans shall contaln pmvialonr for pwtlnp of rho portinant condlclanr to notlly mplayeea thereof. ....... ....,.. .. -__ _.__ , . I1 1 .. 6. Conditions on the Operations a. Hours of operation: b. Performance standards relating to noise, vibration, odor, smoke or dust: c. Witer 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.Oher. As per plans submitted/and approved by the Plan Commission June 18, 1974, and on file in the office of the Plan Commission of the City of Muskego and in the Building Inspector's office in the City of Muskego. to 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): J. Ouwlde Storage of Materials, Products or Reluse (location and screening thereof): e. Finished topsgraphy and building grade?. retaining walls, storm water run-off: f. Landscaping of the Site and Buildings (including plant types, size, spacing)' rn accordance with landscape lans approved by the Plan Commission September 3, 1974. ~. ~~~ g. Pedestrian \val P cways, terraces, malls (location and design) h. SiBnl (free Branding) location, alrc, derlgn (Including Ilghtlng): In accordance with the site Plan approved by the Plan Commission June 18, 1974. i. Exterior Lighrlng of the Slte, locetion den@ and power. J. Other: The exiat4ng automobile service station shall be razed within JO dry8 rfkir completion of the new 'station. vehi&leS shall be parked in a manner that reduces the appearance of clutter. The premfaea shall be kept neat and orderly at all times and parked Fb8t nCI coastroction .ed rCrOv01 of the existing building shall be *Ot later than 15 * 1975 Receipt of a True Copy of this instrument on behalf of the petitioner acknowledged the.*> I .day of. 2 <..:?:: ...., 19.&! completed ?q? December 31, 1974-t the black top shall be installe -9 3- I .... .... ....... ............... <4..fi.:!..&.?~:%. .+!..:.. t ".L ................ / d...". Note: Where the-conditions we shown on maps. dmwinga, photogrsphr, or aimilar attachmenu. Enter: "See Exhibit. - 1. ' b9