035 - 1/1/1958p -
THIS COVENANT, Ma thia ........ 2.k.t. ._..day of. .N.o.ve.mb.e.~. ., 19.,,72,
by. ___ .~.!2O.X~.U,, .%. ..!!G*!J%.%.Y.
...
far the use and benefit oi all persona from time to time resident or owning property within the
boundariesal the. ..Ci.;z .... ,.of ...... Muskeg a.
1ty. Vlilage. Town. Counryl
nlauke sha~ .County. Wisconsin. and for the use
and bcncfit althe said .c.i.t)! ....... ~ol. ..... .M.UShg.S.. ...
(City. villsge. Town. county)
;rcribcd c!as of persons. Grantees.
its own nGht and 8s agent lor the purposc of cnforcir.c thesc prcscnts on behnli of thc above T
RETURN TO:
The prmliscs aflectcd by these presents (hereinafter called the Premises) are the
lollqyjm described lands in Township. .s. .North, Range. .,20. .Enst. in the County
of. ............................. Waukesha and State of N'isconFin. tc-wit:
The Nw 150 ft. of the following described premises: That part of the
SW 1/4 of Sec. 9 and Town 5 North, Range 20 East, City of Muskego,
Waukesha County, Wisconsin, bounded as follows to wit: Commencing
at a point in the center line of Highway 214.50' west of and 503.83'
north 9O 30' east from the SE corner of said quarter section,
continuing thence N 00 30' E along center line of said highway, 396.0'
thence south along center line of said creek 394.0' more or less to a
to a point, thence N 860 30' W 148.0' to the center line of creek,
point. thence S abo 30' E 57.0' to the place of commencement and
easterly 33.0' being used for road purposes. The property may
more generally be described as WlPO S77b7 Pioneer Drive.
Mall oddress ai the Premises is. W180 57707 Pioneer Drive ...
and that no other person has any estate or interest therein exccpt by reason 01 easements lor public utilities, building restrictions, dedications to
Grantors warrant and covenont that at the time of the ensealing and delivery ol these presents they are all of the owners of the Premises
the pub!ic or public bodies. i1mrumie:m \not of record. and mortgages to banks. savings and loan associ3tions or insurance companies.
Grantors represent ih3t petition on their behalf was made to the. CiCY ...... .of.. ."uske.go.
pursuant to rhe Zoning Code of the said. Ci.t.y.
there permissible not by right but only by Conditional Use Grant; that I" connection therewith Grantors made certain representations and
., for grant of permmion to erect and/or conduct on the Pwmises a use
agrcements as to site. building and operation plans which were incorporated into the Conditional Use Grant; that based thereon Conditional
city, villSgE. 'roun. ~~~~~1
Use Grant No ..3.5. .was issued under date ol .Nouemb.e.r -21. ., 19~ 22, and that n truecow thereof is an file with the
.Elan..Commissian. .ofthe. .C.i.t.y..... ......... of ... .Mu~kego (CW. Village. Town. County)
NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and wvenant strictly to comply with all ol 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 thc Premises by, throueh or under the Grantors. 8s long as the said Premises are used as described in the Conditional Use Grant for
the operation or: .se.lling. .new. .and. .~e.condi.t.ioned.,~filling .... .........
In Witness Whereof, Grantors have hereunto set their hands and seals this^ .2.&$.. .day of. ........................... , 191.2.
SIGNED AND SEALED IN PRESENCE OF
......... 4 ........... k!b!..@$ .(SEAL)
Georg W. YcNultv -
...... ...
.. - - -. ... ... ...... (SEAL)
...... .(SEAL)
i . TITLE
CORPORATION
ACKNOWLEDGMENT
STATE OF WISCONSIN, lSs.
~CountY.j Personally came before
me this. .lay of. .. ..
., President
19.
and. ~, Secretary
of the abow named corporation, to me known to be such persons and
officers who executed the foregoing instrument arlrf.&nowledged
that they executed the same as such officers. by iis aIjthpritj., ioi the
purposes therein contained. ..
INDIVIDUAL
STATE OF WISCONSIN,
!cJa%aake.sha. .Counry. Personally came before
me this. .30th. day of. .Novemb.er~ ., 19.72..
the above named. ~Gearge. ..!!I .... l'4lrNuLtx.
jSS.
...
to me known to be the persons who executed the loregoing instrument
.~
7
THIS IVSTRUNENT WAS DRAFTED BY Vernon k. Stnnhr
Barbara J. Sands (sE'AL) Notary Public, State of Wisconsin . My Commission expires. .J.~~. y+., .rm ........
r
Before the ...... .p.l.an .h!!m.i~S.S.i.O!l ... .of the. .c.i.t.y ......... of ...... .MUSkCgO .........................
(Acnnn Bdy) (ClZY. VIII.... ran. Co""t"1 ...,
............................ Waukesha ... ..County, Wisconsin, in regard to Premises at .... w18.0. ..$.7.767 .pi.Q.lA&r. .kiV.t
... .in Township..5 ......... North, Range. ..20 ..... East,. .......... ku.kMha County.
State of Wisconsin, further described as follows:
-. The NW 150 ft. of the following described premises: That part of the
i SW 1/4 of Sec. 9 and Town 5 North, Range 20 East, City of Muskego,
Waukesha County, Wisconsin, bounded as follows to wit: Commencing
at a point in the center line of Highway 214.50' west of and 503.83'
continuing thence N Oo 30' E along center line of said highway, 396.0'
north 9' 30' east from the SE corner of said quarter section,
to a point, thence. N 86' 30' W 148.0' to the center line of creek, thence south along center line of said creek 394.0' more or less to a point, thence S 86O 30' E 57.0' to the place of commencement and easterly 33.0' being used for road purposes. The above described property is also known as W180 S7767 Pioneer Drive.
WHEREAS the Zoning Code and Zoning District Map of chc above named municipality, pursuant to State Statute,
pl-ovide that the premises may not be used of right lor the purpose hereinafter described but that upon petition such use
may be approved by the municipality as a Conditional Usc Grant in particular circumstances as defined by the standards
in the Zoning Ordinance; and
Petition therelore havinz been macle, and ]public hearing hsld thereon, and the. .~lan...c.ommissian. ...
(Arrine Body1
or the. CXt.y~ of .......... M~kega. ...
(CltS. VillnCe. Town. County1
.having determined that by reason of the
particular nature, character and circumstances of the proposed use, and ol the specific and contemporary conditions, grant
ol such use upon the terms and conditions hereinafter prescribed would be consistent with the requirements of the Zoning
Ordinance:
the Premises pay be used for the purpose of. !.h.C. .S.?.k .Of .!le. W...a.n.d~ .. r~s.o~~~i .~. i.Qned ... fil~ing. ...
Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated, that
............................. station e!I!.!.P.!.enL ....... ................................................. .................
GRANTED by action of the^ .!?l~a.!L c.C!m!!!i.5.5.iQ.8f the. city ...... .of ..... "AegQ ...
""
the. 2.1.?%. day of^ ?!QV.Wb.C.F.
."
Attesl: ...... (Seal)
.~ ............ %Uq$ .............. /&.< A,\. .
et te J~. ~owygd (Mayor. Prcrldenc, Chairmen!
-rlrle Ci.!Y G.!.K!~.. LI ...
(City, v#Ilsge, Town. Gunfy! Clark
Original filed in the office of the .... ..Plav Comrrrissi0.n ..... of the. ... C.it.y ........... of ...... ..Muskego ......................
(City, Village. Tow my!
Signed: .............. b&:w...pu. ll .
The CONDITIONS of this Grant are: Barbara J. Shds
Re 'ordin Ii I This Grant shall become effective upon the execution and recording by t e Uwner!o?t%Eh%?zof an acceptance %
~~
hereof in such form as to constitute an effective covenant running with the land.
2. This Grant shall be void unless proper application, pursuant to the building and zoning codes of 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. 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
e.2ployees thereof.
appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within ... 12 .... months
",.DID." amN "IL"."
(OVER)
" . P
6. Conditions on the Operation8
a. Hours of operation: See "e ."
b. Performance standards relating to noise, vibration, odor, smoke or dust: See "e."
c. Watersupply requirements Per code. (Also see attached Exhibit "B">
d. Provisions forsewagedisposal Sanitary Sewer (Also sec attached Exhibit "R")
e. Other. There shall not be any painting or repair work as part of
the operation, which might be considered a problem to thc adjoiniII6:
,(: ' property owners, after 8:OO P. M. nor on Sundays.
ll See attached Exhibit "B" - two pagvs.
7 Conditions on the Buildings
a. Facade matcrial oreach I>uildinl:side: ~~i~ti~~
b. Entrances, Design and Location: ~~i~t ing
c. Signs attached to the Building, Location, Size, Design (including lighting) proposed signs
d. Exterior Lightlng of the Builling: must be approved b the Plan Commission.
e. Other. Per code.
8. Conditions on the Site
a. Street Access (number, location, design) ~~i~ti~~
b. Off-Street Parking (location and design including screening thereof): Existing
c. Loading and Service Areas (location and design) Existing
d. Outside Storage of Materials, Products or Refuse (location and screening thereof), T~~~~ wi 11 be
e. To 1nls .R e d topograp y and ulldlng gra es, retainmg walls, storm water rundf: ~~i~~i~~ u side tora e of e uipment. a E., %
f. Landscaping of the Site and Buildings (including plant types, size, spacing), ~~i~ i ng
6. Pedestrian walkways. terraces, malls (location and design) Existing
h. Signs (free standing) location, size, design (including lighting): proposed signs
I. xterlor lghtlng o the ne. locatlon deslgn and power-
j. Other:
yst. bf. apprpvet.by the Pl.an Commission.
Existing
II
Receipt of a True Copy of this instrument on behalf of the petitioner
acknowledged the ... 30th. .day ofL ..~ ~n!PY.eInb~.r ..... ~, 19. 23.
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, I ,.
Notc: Where the conditions arc sho.vn on maps. drawinEs, photographs, or similar attachments, Enter: "See Exhibit.
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