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022 - 7/1/1961Pebruary 9, 1973 TO: Regiater of keds FROM: Barb Sands Attached please find conditional use grant #22 and relating land covenant ard $4.00 cash for recording BOW. Please return original to City of Etuskego after recording. Copy of grant & land covenant to Carl Wauer Accepmce'of Conditlons of Condirlc THIS COVENANT, Made this ,.day of. 19. ......I ,~S . 16th January 73 ................... ............................... by. ..&X. l...wa.U.ex.,. .,~,re.~.~.d.~.~.~..~. .M.U.S.k.~.g.~...P.~.~.nd9.~.ing. .h.. .... ... ... .... ... ..... ... ..... - - - .. for the use and benefit of all ~crsons from timc to time resident or owning property within the ,.Grnntors, ............. wau.!se.s.ha.. ........ ........ .County. Wisconsin, and for the use and benefit of the said, .c.i.t.p ....... .of.. ..M us.k%Q- ... .... _, /I in im own right and as agent for the purpose of enforcing these presents on bchalf of the above described class of persons. Grantees. (City. VIIIwe. Town. County) following described lands in Township .s. .Nonh. Range. 20. .Enst. in the County The premises affected by these presents (hcrelnafter called the Premises) are the ...... or. .__, Itaukesha., .._ .and State of Wisconsin. twxit: iAI KEY NO. 3ETYRH To: City of Muskego Post Office Box 25 Muskego, Wis. 53150 - "" Mail addrw of the Premises is. ........................................................................ S81 W21392 Wauer Lane 9. ................................................. Muskego,. I\risconsin Grmtprs warrant and covenant that at the time of the ensenling and delivery of these prescnts they are all of the owners of the Premises and that noother person has any estate or interest therein except by reason of easements lor public utilities, building restrictions. dedications to the public or public bodies. instruments not of record. and mortgages to banks, savings and 10317 aswciations or insurancc companies. Grantors reprelent that petltion on their behalf was made to the.. .... ci .!&. ................ .ol. .Muskego. pursuant to the Zoning Code of rhe said ............... ci t II ... _. for grant of permission to crecc and/or conduct on the Premises a use there permissible not by right but only by Conditional Use Grant; that in conncction therewith Grantors made certain representations and Use Crnnt No. .................... .was issued under date of. ,.hlUar.y. .16. .... 19..23. and chats truecopy thereof is on hie with the agreements as w s te, building and operation plans which were incorporated into the Conditional Use Grant; that based thereon Conditional (city. villscc. row". county) 2h ......... .ci.t.Y....c.kX.k. ...... ..of the. .c.i.tp...... ......... of ...... lrluskega. ....... (City. Villsge. Town. County) NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and covenant strictly to comply with all of thc terms and coditions thereof. This covennnt shall run with the land and &li 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 ns the said Premises are used as described in the Conditional Use Grant for In Witness Whereof, Grantors have hereunto set their hands and seals this. ..... kt. ..day of. ... .F.ehr.uar.y ......... , 19. 7.3 the operation ol: .A .... R.e.nde.r.mg. ,.Elant. ... ......................... .... ........................ SIGNED AND SEALED IN PRESENCE OF .... - "" .. ._ ................. .......... ............. ..... ._ . ................ ....... .. &L-#Uuy/ B n ............................. e?.: ... Ad STATE OF WISCONSIN. ,,, ._ ,.County. } Personally enme before me Lhls ................ ..day of ...... .v... ................. ., 19., ....., ...................... ...... !! .................. ., President and. .................. ................................ of the above u~rpomtlm', to me hwn u1 bo such praonr and Secretary officers who executed the foregoing instrument and acknowledged that they executed the me as such officers. by its authority. for the pu-s therein contained. I. .. " - - ..... ............................. ...................... (SEAL) .. - . - ... - ........................ ...... (SEAL) I, I CORPORATION. Muskego Rendering Co., In W... ....... .(SEAL) , TITLE" ....... .A&.. .... .(SEAL) 'J S ATE OF WISCONSIN. .&:..F..-k+.w&+d Peramally urn. baror. me this ..,. ..&. .day the above named. ..... .................... -. .. - -. .... ........... ........... to me kMwn to bo rho poraona who cxrcutcd the lorepoinp ImtrYmenc and acknowledged the same. n ............................... L fl.:.A;=.& .... : ............. // /' c &fore the. ... ...p.lan... C.=ission .... of the ...... C.Ft.y ........... of. ....... .Muske.g.a..... ............................. (Acrlns Body) (City. Vmllmgc. Town. Counryl ...waukesha .......................... County, Wisconsin, in regard to Premises at. S81. WU392...~aue+...Lane.... ................... :... :: ... ._i ..................... .in Township..S. ......... North, Range..20 ...... .East.... ..... .W aukesha .................Count Y, State of Wisconsin, further described as follows: . .... - ... , ....... ........................ .... ,, .I ~ ..,, , m,,,,, .,,, .,, :i I,'.,, 8' i' >,,:.,I ., ,. ,.,, ,.. ,. ,, . ., ,I.# ,: 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. .&!&~~..cqp~.i.~~+~~ ................ 1 CllW Y of the. .Ci..p .............. of. ........ Mus.kegn ...................... (Clfy. Village. Town. County) ............................ 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 uwn the terms and conditions hereinafter-&scribed would be conistent with the requirements of the Zoning - The CONDITION8 of thh Grant are: Bett; J. Bowjer hereof in such form as to constlrute an effectivc covenant running with the land. 1. This Grant shall bme effectlve upon thc execution and recording by the Owners of the Premises of an acceptance 2. This Grant shall be void unless proper application. pursuant to the building and zoning codes of the municipality, for appropriate B+!ding, and Zoning Use and C-iupancy Permits in conformity to this Grant, is made wi thin.... l2..months , of the date hereof. 3. This Grant+ subject to arriaKhnent 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 connectioq with the Petition for this Grant. and annexed hereto. I. Any of the conditions of this Grant which would normally be the responsibility of tenanu of the premises shall be made i a part of thrlr ImMr by the Owner, which lease shall contain provisionr for posting of the pertinent conditions to notify ~ . employees thereof. ~ ,- - "UWI ilIN'i~kiUlll lorn) Ordinance: Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated, that the Premises may be used for the purpose of .......... rons.tr.uct.isn ... and ...~~~a. t.~~~. .of .... a.. .render.+... .. RJ.a.n.t ................................................................................................................... .................... .. ... the 16% h. .day of Ja.n.u.a.r! .........., 19. ..y. GRANTED by action of the Plan Conmiss ..... ...... ....... ......... ., Atwit: ...................................... ~l~="-~.i~~~.~-~-~~/ .......I_. I._ F~w. Vliiw, Tom. Gunry) Clerk ,> '_, ,,. I Original'filkl in &e office of the ....... c.i.t .f.)r... c.J..lerh. ...... ________.of the.. Xi t of uskego .................... simed:~ ............... ............. ....................... 6. Conditions on the Operations a. Hours of operation: b. Performance standards relating to noise, vibration, odor, smoke or dust: To be minimal with adequate garantees. c. Water supply requirements: d. Provisions for sewagedisposal: To be acceptable to the Building Inspection Dept. 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): .I, ;, d. Exterior Lighting of the Building: .I$ e. Other: All plans to be approved by the Plan Commission prior to construction. ConStructiOn~Of the plant will begin within 12 months from date of the grant. 8. Conditions on the Site a. Street Access (number, location. design): b. Off-street Parking (location and design including screening thereof); c. Loading and Service Areas (location and design); d. Outside Storage of Materials, Products or Refuse (location and screening thereof): Prohibited. e. Flnbhed topography and building grades, retaining .walls, storm water run-off: 1. 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' Private access road to S. T. H. 24 is to be maintained in a dust,free condition. Receipt of a True Copy of this instrument on behalf of the petitioner Note: Whm thr mnditlona nre shown on maps, drawings. photoprsphr, or elmilar attachments. Enter: "See Exhibit., ..., .._..." ~ . .~ ~ ~.~ Adopted b js 1-12-73 . a CITY PIAN COMMISSION CITY OP MUSKEG0 MINUTES OP PUBLIC HEARING HELD JANUARY 16, 1973 MUSKEG0 RENDERING PIANT Mayor Gottfried declared the hearing open at 7:44 P. M. PRESEmr Mayor Jerome Gottfried, Alvin Basse, Edward Raimann, Ald. Paul Schaumberg and Donald Yahr. Planning Consultant Joseph Mangiamele and Zoning Officer Gerald Lee were also present. The Recording Secretary read the notice of hearing and petition of Carl Wauer, president of Muskego Rendering Company. requasting a conditional use grant to permit construction of a modern rendering plant. Mr. Wauer was present and in answer to questions from the Coamissioners, he advised that the upper level of the existing plant will be used for truck repair, that the heart of the existing plant will be elimi- n8ted 8ad replaced with the new processing plant, that in the new system all air in the plant will continually be put through scrubbers problem with insects or flies, however, that if the problem should and washers which will eliminate odors and that they have not had 8 occur it could be contrded by the use of sprays. As there -re no further comments, Mayor Gottfried declared the hearing closed at 7:47 P. M. Respectfully submitted, Barbara J. Sands Recording Secretary I January 17, 1973 Mr. Carl Wauer, President S81 W21392 Wauer Lane Muskego Rendering Company Muskego, Wisconsin 53150 h Attached is a copy of the resolution which was adopted by the Plan Commission at their meeting Tuesdayevening, January 16th. I will let you know as soon as I have prepared the c.onditione1 use and land covenant documents which will be recorded with the register of deeds office. Yours very truly, CITY PLAN COWMISSION Barbara J. Sands Recording Secretary b js cc - Mayor Gotffried ". . . . . . . ., W182 S8200 RACINE AVENUE MUSKEGO, WISCONSIN 53150 from the desk of: Barb Sands December 22, 1972 Muekego Rendering Co. To: Lakelad Hub Please publieh the attached notice of public hearing twice - December 29 and January 4 - and furnieh affidavit of publication. Thanka NOTICE OF PUBLIC HEARING CITY OP MUSKEG0 PLEASE TAKE NOTICE THAT THE CITY PLAN COllf.lISSION OP TI& CITY OF MUSKEGO WILL HOLD A PUBLIC WING ON TUESDAY, JANUARY 16TH, 1972, AT 7:30 P. M. AT THE CITY HALL, W182 S8200 WINE AVENUE, TO CONSIDER THE POWNG: Upon petition of Carl Wauer, President of Muskego Rendering Company, fnc., shall the following described property be granted a Conditional Use Grant in accordance with Section 8.16 (7) C. 3. of the Muskego Zoning Ordinance to permit construction of a modern rendering plant? All that part of Section 18. Town 5 North, Range 20 East, City of Comencing at the North l/4 corner of mid Section 18, thence South Muskego, Waukeslx County, Wisconsin, bounded and described as follows: 00°27* West along the North 1/4 line of Section 18, 1327.75 feet; theace North 89003' Bast, 175.00 feet; thence South 1O28' West along herein to be described; thence continuing South 1°28' West along an existing fence line, 932.00 feet to the point of beginning of lands said existing fence line, 400.00 feet to the Bast l/4 line of Section 18: thence continuing along said fence line. South OOQ 30' East, 140.00 feet; thence South &9*03'30" West parallel to the East-West 1/4 line of Section 18, 850.00 feet; thence North 0°57124'1 East, 539.94 feet; thence North 89°03*3(1*1 East parallel to the East-West Containing 10.508 acres of Land. Reserving rights of ingress and egress l/4 line of Section 18, 850.00 feet to the point of beginning. This property may more generally be described as S81 W21392 Wauer Lane. to sa id parcel on existing drives from Wauer Lane and S.T.H. ''24". DETAILED DESCRIVTI3NS ARE AVAILABLE FOR PUBLIC INSPEL"rI0N AT THE CITY CURKeS OPFXCX. ALL INTERESTED PARTIES #ILL BE GIVEN AN OPPORTUNITY M BE HEARD. City Clerk Bette J. Fbwyer dated this 22nd day of December, 1972 PEl U ON P~'C~~IiTI~~L-IJSE GRANT CITY OP MWSKBW AND EXPANSION OF CONDITIONAL USE 0 The undersigned does hereby respectfully petition the City Pl8n Comnission of the City of Muskego, Waukesha County, Wisconsin, to pernit a Conditional Use Grant as provided in Section 6.03 of the Zoning Ordinance of the City of Muskego, adopted October 15, 1963, and as amended, for the following proposed use: TO permit Construction of a modern rendering plant. Location of property: On approximately 10.50 acres in Section 18 The following to be submitted in triplicate: A. That filed herewith and marked "Exhibit A" is a conplete legal description of the property to be granted the Conditional Use. plete written description of the use for which conditional grant is B. That filed herewith and marked "Exhibit B" is an accurate and Com- being requested including pertinent statistics and operational characteristics in accordance with Section 6.03 (2) A. 2. c. That filed herewith and narked Wchibit C" are plana and other drawings showing proposed development of the site and buildings including landscape plans, location of parking and service areas, drivewaye, exterior lighting type of building material, etc. as indicated on the "Checklist tor Approval of Building, Site and Operational Plans" as required by Section 6.03 (2) A. 3. D. That filed herewith and marked "Exhibit D" is an accurate map Of the property drawn to a scale no smaller than 50 feet to the .inch for tracts under five acres, no smaller than 100 feet to the inch for feet to the inch for larger tracts, showing the land in question, tracts over five acres and under ten acres and no smaller than 200 its location, existing zoning, any proposed roads, easements Or dedications and the existing uses of all buildings on such land and the principal use of all properties within 300 feet of such land In accordance with Section 3.06 (2) C. 1. E. That filed herewith and marked "Exhibit E" is a list of the names and addresses of the owners of all properties within 300 feet Of any Section 3.06 (2) C. 2. part Of the land included in the proposed change, as required by Extractive Permit - If this petition is for an application for an Extractive Permit, the following shall be submitted in triplicate in accordance with Sec. 6.07 (3): 1. A full and adequate description of all phases Of the contemplated which will be or might be necessary to carry on the Opetation. Where operation and the specific mention of type of machinery and equipment the operation is to include the washing of sand and gravel, the estimated daily quantity of water required, its source and its diSPQ- sition shall be made a part of this description. 2. A topographic map of the area at a minimum Contour interval Of 5 feet extending beyond the site to the nearest public street Or highway or to a minimum distance of 300 feet on all sides. 3. A restoration plan. That submitted herewith is a fee of $15.00 to defray the cost Of giving notice, investigation and other administrative Processing as if the request is for an Extractive Permit, the fee Shall be required in Section 3.07 (3) of the Muskego Zoning Ordinance except in accordance with Section 6.07 (3) A. Date /d- I+- 7& 662 -3/// ~ Telephone b js 10/71 i . '. 0 .. DXHIBII "A'* UCML DBSCRIPIICM All that part of Sactiom 18, Tom 9 North, Rang# 20 -st, city of *.lroga* wwke.h. County, wi.bOII.in, b0oad.d .a4 demcrilmd as follors: CaoP.acing at tb. Morth 1/4 corner of aid Section 18, thonca Swth West .long the Worth l/4 line of Section 18, 1327.75 feet; thence Rorth 890" Wet, 179.00 foot; thence South 1°28* Wast along an existing fence line, 932.00 foot to the point of beginaiag of lands herein to ba domcribdr thence continuing South 1°28* Mot along said existing fenu line, 400.00 foot to the bot l/4 line of Section 18; them- contiwiag along uid face line, Sorrtb 60030' East, 140.00 feat; then- South 89O03'30" West parallel to the Bast-Woot l/4 line of Saction 18, 8S0.00 foot; theaca Rortb &37*24** Wot, 539.94 feat; thance North 89O03*30'* mt purne1 to the mot-wast 114 line of Section 18, axmo foot to the point of miming. Coatairring 10.508 acre. of 1.116. Rasuviag rights of ingraso ud ogre.. to said puce1 on arioting drivos from Wmar Lane .ad S.I.H. "24". .. 1.8. 1.b. 1.a. 1 .a. 1.0. 1.f . _. . - * c . '- ~iot of names and .Mreouo of amero of all proverties within 300 it. of lrad included in the prapo0.4 ch.ng.. W208 S7931 Hillma~dale Drive Id208 S8015 Hillondale Drivo r(uok.go, WI 53150 ICIokogo, WI 53150 s81 W208S8 Jumswille Rd makego, WI S3150 w2oo -81 Hil1.nd.l. Drive *&.go, WI S31W W208 so121 Hillen&le Drive IQok.go, WI 531SO W208 66307 Hilload~le hive mgk.go, WI ss150 W208 58289 Hillomdale Drivo w208 a241 Hillomdale mive bhskego, WI 53150 *.lr.go, VI s3150 w208 SBlSl Hill.ld.le Drive thokogo, VI UlSO w208 m151 Hill" Drive &okogo, WI 93190 4613 S. Qltbie Rd Waukesh., wl 53186 w208 s8097 Hill~e lrive ml.lrw, WI ssuo 605 W21531 3cao.ville Rd mok.go, VI s3190 W217 S8464 Q#rbu Rd Attn: Walter -to1 ICI&ogo, WI sSl50 1226 W. WiacoaoLa Ave f#ilW8ukn, vf / J , TlTLF ACKNOWLEDGMENT CORPORATION INDIVIDUAL S'rAl'E OF L\'ISC@NSIN. L,. STATE OF WISCONSIN, .r:o~:my.j ~ersona~~y camc before I/L.!-/C%&.d .Cou 32 y i Personally came before me tbis. .day of^ ... ., 19. ., me this^ .6.. .day of ............. .......... c ..... Qw..z- ., President the above named. /-&Le.+ and of the ohovc named corporation. to me known to he such persons and to me known to be the persons who executed the (oregoing instment officers who executed the foregoing instrument and acknowledged and acknowledgsd the same. purposes therein contained. that they executed the same as such officers. by its authority. for the ~, Secrctary ." ......... ...... Bcfore thc~ .P.lan...Cammi~ssinn. of the. .C.i~t... of. .... .hluskeg.o. ... (Acrlnl: Body) (C#w VIII~~E. Town. County) .. \Yaukrsh~a ... ~County, Wisconsin, in regard to Premises at. .S.S1. .11'21392 ... Waue.r. .Lane. ....... ....... in township.^' .... North, Range..?.fl. .East.. Shukesha.. .County, ..... State of Wisconsin, further described as follows: Original filed in the ofice of the. .(7.i..,t.l! c,kr.!!~. ...... Signed: .......... The CONDITIONS of this Grant are: hereof in such form as to constitute an eit'cctivc covcnant running with the land. I This Grant shall become effective upon thc execution and recording by the Owners of the Premises of an acceptance 2. This Grant shall be void unless proper application, pursuant to the building and zoning codes of the mur~icipality, for appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within. ..J.Z..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. Construction and ooeration of the use granted shall be in strict conformitv to the approved site, building and operation [ 5. Any of the conditions of this Grant which would normally be the responsibilityof tenants of the premises shall be made I plans filed in connection with the Petition for this Grant, and annexed hereto. a part of their lease by the Owner, which lease shall contain provisions for posting of the pertinent conditions to notify ~ I .. employees thereof. - "_ - ..................... .. _II "lit w&j I.LtL"~(j~ - 6. Conditions on the Operations 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: ?2;:'1/'!,.. e. Other. I ", / ,,(c I, ,. I All plans Construct grant. 8. Conditions on the Site a. Street Access (number, location, design) b. Off-street Parking (location and dcsign including screening thereof): c. Loading and Service Areas (location and design) d. Outaidc Storage of Materials, Productsor Refuse (location and screening thereof)' Pr.,,r, tr:d. e. Finished tepegra&y ad building grades, retaining walls, storm water run-off: f. Landscaplng 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 o[ the Site, location design and paver: 1. 0th Private access road to S. T. H. 24 is to be maintained irr a dust frt?e condition. Natc: Where thecondirionsare shawnon maps, drawings. photographs. or similar ortachments. Enrer: 'See Exhibit.