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037 - 7/1/1963Ii Acceptance of Conditions of Conditional Use Grant. THIS COVENANT, Made this ./#day of L4-X ., 19. .8.2 .I by. ..P.a.yne. ..&. .D.a.l.a.n.. ". .Grantors, for the use and benefit of all wersons from time to time resident or owning property within the boundariesofthe .c.i.t.Y...~ ....... .of... ..... .M".?.k.!?g? i (City, Village. Town. Counrsl ............................. Naukesha .Caunty, Wisconsin. and for the use and bencfit of the said~ .Ci.t.y ...... of^ ...... h.s.ke.ga. ... ICiry, Viila~e. Tow. County1 described class of persons, Grantees. in its own right and as agent lor the purpose of eniarci,q these presents on behalf of the above The premiscs affected by these presents (hcrcinafter called the Premises) arz the foliowln:: descrll-d 13ntls ill Township. -5. Jiorch. Range. ..z.o. .East. in the Coun:y of. .Wauke.sha. and State ai Wisconsll:, LO-wit: 1 AX RE" NO. ETUR" TO: - 2- W.182 58200 Racine Ave. City of Muskego Muskego, IJI 53150 Mail addrcss of the Prcmiscs is. ....................................................................... W217 S8425 Crowbar Road 3rd that no other person has any estate or interest therein except by reason of easements ior public utilities. building TCSL~~CT~OPF. dedicarims to Cr:lntors v.:lrra;lt md cuvcn~nt that at thc timc oi thc enscaling and dclivcq uf thcx lprc:.::~tb thcy ;~rc all of thc UU'~LTS of rhc Prcmi,cs the public er !public bojiss. i:mrunw:ts not ol record. at~l mortgoges to banls svvi,>:s an? !>XI dssuciacIO:m or insur~n~c co~npanics. Crcmtori :cp:csc!;t that pctltion on their bchlf was made to thc. ... c.ily. ........ .of. .M.U.S.k.e.g.O. pursuunt to the Zmxng Code of the =id. (city. V#lk;?, Turn. C,unrv1 ... ,c.i.ty. ., iorgrant of pcrm~ss~o? to Crct endlor conduct on the Premises a use agreements as to site. building ar;d operation plans which were incorporated mto the Condirionai Cse Grant; that b3sed thereon Condirisrldl thzre permissiblz not by right brlt only by Condltionsl L'se Grant; that in ccnmction thercwith Grantors made ertain rcprcsentatiox a."d L'sc G::in; Xo. 3.7. ~wcs issued undzr dare or. ., 19. , and that a trucc-opy tlicrmi is on file with the pl.an. .C.amm.iss.ian. ... .of the. Ci.t.y ........ of ........ Mw.s.k.e go (w~, V~IIW. -rown. ~~~~~1 NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and cowznant strictly to comply .with ail of the terms and conditions thereof. This co.-enant shall TUP with the land and shall be binding on thc Grantors and an all persons clsimil?: any cstacc or the operation of: interest in the Premises by, through or under the Grantors, as long as the said Premises arc used as dcscribed in the Conditional Use Grant lor ." In Witness Whereof, Grantors have hereunto set their hands and seals this day of. , 19. SIGNED AND SEALED IN PRESENCE OF ." ... ... ... .... CORPORATION ." .(SEAL) Payne 6 Dolan (SEAL) urd A.Reesman , ,,,,,Vice-Presidel .(SEAL) .(SEAL) . Gsvin C;. Renish r,rLESecretary ACKWOWLEDGMENT (SEAL) INDIVIDUAL ST/.TE OF WISCONSIN. ... ... }... me this. .day of. ...... ... the above named. ., 19. _, ,.County. Peramally carno before ......... .,. .^,: ... to me known to be the pirlcru biho aec$c+he foregoing lnrtmment J I' A . cel of la-< located in the XE 1/L and SE 1/L of Se-lion 13. TSti. ~lg~, City oi ?lus.ke 'County, h'isconsin; ana. a parcel of land located in the SI4 114 of the SL' 114 of Section 7 T5!i, R20E. City of Yuskego. llaukesha Co., Visconsin as the Rh' 1/L and SI.' Section 18, TjX, R20E. City 0 uskego, liaukesha a. Co.. Wisconsin; and a parce land located in # " described in VOl. 1010. page 297 of Deeds. - Pitll1541Y' ,1169 That part of the Southwest 1/4 of Section 18. Township 5 North. Range 20 City of Yuskego. Waukesha County, Wisconsin, bounded and described as East, and the Southeast 1/4 of Section 13, Tocnship 5 Korth. Range 19 East, follows: Beginning at a point in the west line, 1070.52 feet South of the Northwest corner of the said Southwest 114 of Section 18; thence Korth 87O 20' 39" East 820.83 feet to a point in the centerline of Crowbar Road; thence South 06' 03' 21" East along the said centerline. 959.91 feet to a p~oint in the centerline of Croubar Road; thence South 06' 03' 21" East along the Hizhway 24; tnence the South 73' 57' 31" west along the said centerline said centerline. 959.91 feet to a point in the centerline of State Trunk said Southr:est 114 of Section 18; thence South 74' 04' 56" West along the of %fate Trunk hizhuay 24, 924.00 feet to a point on the west line of the Ko:th 01' 37' 21" West 1322.85 feet to a point; thence Korth 87' 25' 13" centerline of said State Trunk Highway 24, 652.39 feet to a point; thence Ea'st 632.26 feet to the point of beginning, subject to Crowbar Road along the Last boundary, State Trunk iiighway 24 along the South boundary and exceptinp therefrom the Milwaukee Electric Railwav and Lieht Conpanv right-of-way as described in Deec recordc;~ in ~'olomt 109 of Deeds on page 561. and In Deed recordeZ In Volume 259 of Deeds on gaze 561, as follovs: All chat part of the Southwest Of S'ection To;rnship ~~~~h, Range 20 East. and of che'Southeast lIL Of 13. ship 5 North. Range 19 East. described as follows .. Coxnencing at a point on the west line of the southvest '1' of of said I/& section: running thence norch 73' .3' Eas: 913.88 fee: Section 18 aforesaid; 2139.6 feet south of the n0rt:fiWes.t corner to a point in the center line of the hxehsay; thence so'uth alone said center line 11 -8 feet to a point; thence porch 73' 3' East thence south 73' 3' West 1112.23 feet to a point on .the 1102.7 feet to a point; ther,ce north 105.06 feet to a point. centerline of the highway; thence south 13.85 feet, thence South Secrion 13 aforesaid. thence ~03th 79 feet to a point. thence 73' 3' Vest 1582.19 feet to a point in the Southeas: Of north 73' 3' East 675 feet to the section and COLT line and place of beqinning, edst line of aforesaid South.--est )/L of Section 18. -%ere the Also the fullouine tract o'f land Co-sencinn at a point 02 the S.?=e is intersected by the ce-~ter line of the old rie5t-of-zav of the Vi1va;lkee an$ Beloit Rai:road Cor.;~~v; thence sorrh L'6.86 fee:; thence South 72' 'Jest : 17.7 feet co the center of the hiqhL-ay; thence Northeasterly alonR the center of said highway land conveyed by the foregoi7.q descriptions con:ainine 5-26 125.3 feet; thence easrerly to the place of beginnine; all of the acres. more or less. All the lands hereby intended LO be co3veyed lie within the boundaries of the old rieht-Of-vay Of the Hilaaukee and Beloit Railroad. as the same is -located on and across said Seccion 18. Tom of Muskego. and said Section 13. TO.-T of 'Jernon. aforesaid. ayd now fenced and occupied by said way. grentee fgr ar. electric rail;.ay and trans-;ssion line riRht-Of- e i.u. IC .L ~1~7) GOEL SNAL USE GRANT Gr. Number. ?.! - -. Seca. b2 11. 61.11, 60.74 end 19.97 \Vi3 Srarr. lWore thc. 'Ian ................ .of the. ............... of .................... Muskeg.0. City (A~mg Bdgl (C,ry. V,llagE, Town. County) Waukesha .Co:,nty, Wisconsin, in regal-d to Premises at. NW corner o CrowEar ~8d. .& W217 S84$5 Cro bar ................................................................ fiwy. L ... ...... .in l-ownsllip. ....... 5 .~ort~l, l<nngc ..... 20. .East.. ...... W.a~.ke.~h.a. .(hnty, State of Wisconsin, further described as follows: A parcel of land located in the NE 114 and SE 1/4 of Section 13, T511, R19E, City of Muskego, Waukesha, Co., Wisconsin; and a parcel of land located in the NW 1/4 and SW 114 of Section 18, T5M, RZOE, City of Muskego, Waukesha County, Wisconsin; ana, a parcel of land located in the SW 114 of the SW 114 of Section 7 T5N, RZOE, City of Muskego, Waukesha Co., \,Jisconsin as described in vol. 1010, page 297 of Deeds. That part of the Southwest 114 of Section 18, Township 5 North, Range 20 East, and the Southeast 114 of Section 13, Township 5 North, Range 19 East, City of Muskego, Gjaukesha County, Wisconsin, bounded and described as follows: Beginning at a point in the west line, 1070.52 feet South of the Northwest corner of the said Southwest 114 of Section 18; thence North 87O 20' 39" South 06' 03' 21" East along the said centerline, 959.91 feet to a point in East 820.83 feet to a point in the centerline of Crowbar Road; thence said centerline, 959.91 feet to a point in the centerline of State Trunk the centerline of Crowbar Road; thence South 06' 03' 21" East along the Highway 24; thence the South 73O 57' 31" west along the said centerline of state Trunk Highway 24, 924.00 feet to a point on the west line of the said Southwest 114 of Section 18; thence South 74' 04' 56" West along the centerline of said State Trunk Highway 24, 652.39 feet to a point; thence North 01' 37' 21" West 1322.85 feet to a point; thence North 87O 25' 13" East G32.28 feet to the point of beginning, subject to Crowbar Road alonp. the East boundary, State Trunk Highway 24 along the South boundary and excepting therefrom the Milwaukee Electric Railway and Light Company WHEREAS thc Zoning Cocle and Znning District Map nf the above namfd municipality, ptl!suent to Stale Statute. puovidc that the premises may not he used of right for thz purpose hereinaftc:. dcscrilxd but that tipon pctition such use may kc approved by the municipality as a CondiLionnl USC Gtant in patticular circumstances as d-sned by tlie stmdaids in the Zoning Ordinance; and Petition therefore having been ndr, and public hearing hcld thereon, and the. .Plan Cornmiss ............. ion ........ of the. ....... of ............................ Muskego ........ ....... .having detcrrnined that by reason of the particular naturc. character and cixutnst3nces of the pro:?oscd USC, and of the s:xcik and contemimorary conditions, grant of such use upon the term and conditions hereinafter prescribed would be consistent with the req;:irements of the Zoning Ordinance: city (,\cting 1>3dS) (Gry, Vdlane. Town, County1 the Prcmises may be used Tor the purpose of. ..r~.n.t;.i.nu.d. .minin.g. .and. .p.r.o.c.e~ssing. .s.an.d .and. .gr.ave Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated. that .... ... ~xt.e..n..s.i.o.n. ..o.f. ..a.c.~e.s.~.o.r~ .... usa. .I.p.a.r.t.ab.le.. .as.p.hal.t. .p.lan.t.) and e~xp~ansi0.n. .o.f.~.araa,.. GRANTED by action of the~P.l.an. .Co.mmi.s.sinnof the. .C.i.t.y..~ ....... of ..... MnS.ke.g.Q.. the. ...l. SI.. ........ day of. .... AUgU.6.C ............. ., 19. -8.Q (city. Vlliafe. Town. Lunryl Attest: ..LuL. .xY .Aa,.ck. (Seal) 3 Wa e G. e~" ..... ....... 4k?Lx/-)r71~.YC!"~ .rirlc. .C.hai.rma.n. J an K. Marenda (Mayor. Preridcnr. Chairman) 'rd..Ci.ty. .Clerk.. - (city, Kllage, Town. C*""tY) Clcrk Original filed in the office of the .. Elan ... C~0~~~~o.n. .of the ...... CLty ........... of .... ?&&e. o (City. VIIlmye, Town. Can& Signed ;... .... The CONDITIONS of this Grant are: hereof in such form as to constitute an effective covenant running with the land. I. This Grant shall become effectivc upon the execution and recording by the Owners of the Pwmises of an acceptance 2, This Crmr shall be 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. .!..?.. .months 3. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code of this municipality. 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 a part of their lease by the Owner, which lease shall contain provisions for posting of the pertinent conditions to notify 5. Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises shall be made employees thereof. ....................... 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. 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) 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&: f. Landscaping of the Site and Buildings (including plant types, size, spacing) g. Pedesrrlan wslkwsys, zerraccs, malls (locatlon and design): h. Signs (free standing) location, size, design (including lighting) i. Exterior Lighting of the Site, location design and power. J. Ocher: I Receipt of a True Copy of this instrument on behalf of the petitioner acknowledged the ... .... day of^ ... ... ". ., 19. -. h 'oie: Where the conditions nre shown on maps. drawings, photographs. or similar ettschmencs. Enrer: 'See Exhibit as de6cribed In Deed recorccd in Volume 104 of Deeds on Page 561. an? In Deed recorded in Volume 259 of ~eeds on ?aae 561, as follows: All that part of the Southvest I/& of Sectlon 18. Toanship 5 Township 5 North, Ranee 19 East. described as follows North. RanEe 20 East. and of the Southeast of Section '30 Conaencinp, at a point on the vest line of the southwest of Section 18 aforesaid; 2139.6 feet south of the nortfiwest corner of said l/L secrion; running thence north 73' -3' E.?St 913.88 feet to a point in the center line of the highway; thence south alone said center line 11.8 feet to a point; thence porch 73' 3' East 1102.7 feet to a point. the-nce north 105.06 feet to a point; thence south 73' 3' West 1112.23 feet to a point on the centerline of the hiRhwey; thence south 13.85 feet; thence South Section 13 aforesaid. thence south 79 feet to a point; thence 73' 3' Vesr 1582.19 feet to a point in the Southeas: Of of beginning, north 73' 3' Eesc 675 feet to the secrion and to~?i line and place Also the foiloi-ine. tracr o'f land Co-rrencinp at a 2oint on the SRZ~ is inccrsec:ed by the ce~cer line cf the old rie5t-of"dav of eas: line of aforesaid Soucbxesr 1/1, of Section 18. where the the Yilwaakee anc Beloit Railroad COF.;Z-,V; thence so.~:h L'6.86 fee:; thence Sourrh 72' "lest ; 17.7 feet to the cenre: of the hig5c.ay; thence Xortheasterly along the center of said highway 125.3 feet; thence cas-erly to the place of beginnine. all of the acres, more or less. All the lands hereby intended to be land conveved by the foregoi>e descriptions containine 5.26 Hilsaukee and Beloic Railroad, as the szne is located on and conveyed lie vithin the boundaries of the old right-of-way Of the across said Section 18, T0w-1 of Muskego. and said Section 13. Town of Vernon. aforesaid, and now fenced and occupied by said grantee for an electric railxay and transmission line riEhC-Of- way. 0 11 2330375 Please see attached /I 98JUN18 AH 8221 Nune md RFhvo Adk City of Muskego P.O. Box 749 Muskego, WI 53150 Attn: Sandi Asti See attached legal exhibit A Moil nddrcss of thc Prcmircr is. .w217. .s84.25. Cr.owbar ...D rive.. ... ... ....... ... ... Cruntorr wxmnt and cwcnmt thnt BL thc timc of thc cnxnlinc ond delivery 01 cl1c5c prcssnrs rhcy orc 011 01 rhc owners 01 rhc Prcmia and char no ocher perwrn has ony cscocc or inccrcsc rhcrcin crccpc by rcoson 01 csxmcncs lor public utiliries. building rcstrlcrions. dedlatlon, to rhc public or public Wicr. instruments not cr record. and nlorcgager IO banks. snvln~s oncl Ian aIYriacions or lnsuranc~ companiu. Cranrors rcprcsclrc rhor pctirioml on rlxir be!loll woa mods 10 the. .Citz ..................... .of.. ..................... Muskego .... pursuonc co clx Zoning Code of chc rcid. Ci!.E lor gronr 01 permission ro crccc and/or conduct on thc Prernlxs a YSC rhcrc pmmissiblc nor by right buc only by Conditional Ux Cronc: rhor in connccclon rhcrcwlrh Crsnrors madc ccrcain rcprueototionr ond Use Cranc No, acrecmcnu ns co sire. bullding end opcrcrrion plans whlch werc incorporored into rhe C-ndirionsl Ux Gmnr: thor bod rhcrcon Condirionol 3 7A IC1tr. vlll~m, TOW". County) ......... ............. .wos irrucd m~erdore or. .. J.? .X! +FY. .. 20.. .. 19.9.8,. nnd rhor a cruccopy rhcrcof is on Tdc wirh tla Plan Comission .............................................. ,.or hc., .!%x, ............... or ..... Muske9.0. ....... ....... (aty. VIII~~~:~.~~. G~~~~I NOW, THEREFORE, Crnntors hcrcby accept the said Conditlonol Use Grant nnd covennnt strlctly to comply with all 01 rhc ccrms and conditions rlrrcof. This COVC~~O~C shrill rtw with rhc lund and siull lx LindinC on the Grantors und on oll pcxrso~x cluimin,, .% nny CJtillC 01 chc opcrotlon 01: .a!!!en.drne.nc-..~f. .C.!JG.. .~n...a~~.lr?w...cap.a~~,~~ incx.e.as.e. .a.f .an...as~bal.t~0g4s~a~~~€~#~. .225.. .t.~ Inlcrcsr In rlx Prcnrirs by. rllrouch or under chc Cronrors. os long os rhe soid Prcmirs orc uad 03 ducrilxd in rlx Condirionul Use Cronr lor .... In Witncsa Whcrcof, Cronrors hove hcrcrmo xc rhclr hands ond seals this., ... .day of. ......... ... , 19. SICKED AND SEALED IN PRESENCE OF _. ...... ............ ,.%dd ..... B.?.. .Hugh,?. .... (SEAL: 'ZZiinP' -.... ._ ....... ............ ..... Payne & Dolan, Inc. ...-..--.-. ............................................................................... (SEAL: . - -. . -. , I, A CO"l.O".IION. T"Pt HAYS 11'11 ... ...... ......... ... ... ... ~~Y-ne.,.&..Dolan,,..lnc,..,, ... .................. (SEAL > . TI'ILC ........... ...................................................... .. ..___....... .................................................. ,.(SEAl. J . TITLI CORPORATlON ACKNOWLEDGMENT INDIVIDUAL SShTE OF WISCONSIN. me this ................ .,day 01 ........................................................ I9 ......... ..................................................................................................... Prealdant ol the abvc nalned carpratloll. to me known to Lu mlc pcrmcj and and. Sccrctery orrlccrr who uccuccd tllc rorcEOinc Insrrumcnr uc~;nowlcdpcd ....................................................... purparcs clwein conraincd. thnr they excured the some DI such emccrr. by 11s nurlrorlry, lor the 7"OS INSTIIUUCNI WAS ORA1110 II" (SEAL) Sar?di Asti L4.hAdC.2h.k srxm OF WISCONSIN. ma thla .... 1-I .......... duy of ........ ...................... tho abvo named. ................................. ................ .......... to nce known to le the person3 who creeuted dlc forccofng Instrulncn .................. .....""_ "... ...................... ................................ ............. OII~ oclmowlcdzcd rhe some. ..... Q%. .Q.:.d,.&.. ............. c/ Nocnry Public. Scorc or Wisconsin - MY Commission cxplru., ............. r' .-.i-.O./ ....... /hr Now. Llicvcforc. 1T IS GRANTED, suljccc to compliance with tI1c tcrnls oncl conditi(,ns~;cscinoltcr swtecl. that tIlc 1%cmisfs nv used lor thc purpose of. .ame~.~e.nt...of...a. COndi.tional..Use..to..allow..a ..~a~a.G!y, .......... the. ,?Oth. ... doy of. .January ..... .... I9 ........ Y8 .- - increase of an asphalting plant from 225 tons per hour to 350 tons per hour ............................................................. GRANTED I)y nction or L~C. ??.!!-. ~PF~Sl?&!!. .of Lhc. city Attcst': ... ............. (Sed) 'rlcle. %.Y.G.~ ..l._..__l.____ (hl")n,.. l'.1..l'I."l, n>olr,mm) -. ... ._ (Cl,*. \~,ll",;c,'r*," .I,. (:IUI,,yJ f'><,!l 6, Conditions on tllc Operations See attached bxhibit B (Resolution #p.C. 07-98) a: Hours of operation: b. Performance standards relating to noise. vibration. odor, smoke or dust: c. Water supply requirements: d. Provisions lor sewage disposal: other. As indicated in Conditional Use Grant #37 a. Facadc material of each building side: b. Entrances, Design and Location. C. Signs artadxd to the Building. Location. Size. Design (including IighLinG) d. Exterior Lighting of the Building: c. Other: As Indicated in Conditional Use Grant #37 ,( : Receipt ora True Copy of this instrumcnt on bchnlf of the pctiiibncr acltnowledgcd the. day of ; lrlth, Mey .......... ......... .................... .&..~n. .d... .&. ., In!!! I Exhibit A & A parcel of la-d locared in the SE 1/L and SE I/L of Sec'ion 13, T51;. r;]g~, city oi ?lus.~ejO Vaukesha, Co., h'isconsin; and a parcel d land located in County, L'isconsin; ana, a parcel of land located in the SI: I/& of the the ~h' 1IL and SI; 1/L of Section '18, T52, R20t. City of :luSkego, I:aukesha SI; 1/L of Section 7 T5!<, RZOE. City of Yuskego, 1:aukesha Co.. 1.isconsin as described in vol. 1010, page 297 of Deeds. That part of the SOu:h~.est 114 of Section 18, Tovnship 5 Sorth, Range 20 East, and the Southeast 1/4 of Section 13. Tocnship 5 Corth. Range 19 East, Citv of Yuskego, h'aukesha Counry. h'isconsin, bounded and described as folloL~s: Beginning at a point in the west line, 1010.52 feet South of the IJorthwest corner of the said Southwest IIL of Section 18; thence Korth 87O 20' 39" South 06' 03' 21" East along the said centerline. 959.91 feet to a point in East 820.83 feet to a point in the centerline of Crowbar Road; thence the centerline of Crcubar Road; thence South 06' 03' 21" East along the said ceoterline, 959.91 feet to a point in t he centerline of State Trunk Highvay 24; tnence the South 73' 57' 31" vest along the said centerline of state 1rcr.k hizhcay 2L, 924.00 feet to a point on the west line of the said Southr:est 1/4 of Section 18; thence South 74' OL' 56" Kest along the centerline ci said State Trunk Highvay 24, 652.39 feet to a point; thence iiorth OIo 3;' 21" h'est 1322.85 feet to a point; thence Korth 87' 25' 13" East 632.26 feet to the point of beginning, subject to Crovbar Road alony. excepting therefrom the Milwaukee Electric Railvav and Liehc Conpanv the East boundary. State Trunk liighway 24 along the South boundary and .1 right-of-way as described in Dee6 rtcordc6 in !'olomt IC'!' of 'Depds on page 561, and jn Deed recorded in Volume 259 of Deeds on Daze 561. as follows: ~11 [\at part of che Sourhuest 11' of SectLon '8. To"'nship ~~~th, Ran~e 20 East. and of the Southeast 'IL of 13* Tovnship 5 North, Range 19 East. described as fol10'5 Section 18 aforesaid; 2139.6 feet south of che norrbuest corner ~0,sencin~ at a point on the west line of the so~~th~est "' of of said 1/L section; running thence norLh 73' .3' Eas: 9l3.88 .fee: to a point in che center line of the hlrz5vay. thence south alone szid center line 11.8 feet to a point; thence Porch 73' 3' East 1102.7 feet to a point. the,nke north 105.06 feet KO a point, thence south 73' 3' Yest 1112.23 feet to a point on .the centerline of the hiehway; ~llence south 13.85 feet; thence South 73' 3' West 1582.19 feet to a point in the Southeas: I/' of Section 13 aforesaid. thence ~03th 79 feet to a point. thence north 73' 3' East 675 feet to the 'sec:ion and toL7 1 ine and Place of beg i nni ng ; Also the folloGine tract 0.f land Co-zencine at a point 03 the s2=e is intersected by the ce~ter line of the old rie*C-of--av of e?st line of aforesaid Souc5;.est 11' of Section 18. WLlere che che Vilua;rkee an$ Beloit Rai:road Corr;cnv, thence s0.J-h ''6.86 hiqhcay, thence Sortheasterlp alon~ the center of said highway fee:; thence South 72' &'est :17.7 feet to the ceqrer of the land conveyed by the forep,oi:c descriptions conCainine 5-26 '25.3 feet; thence easzerly to the place of beEinninP; all Of the acres. more or less. AI1 the lands hereby intended KO be Kil;-eukee and Beloit Railroad, as the same is '.located on and cO7veyed lie wichin the boundaries of the old rieht-of-vay of the aCT0s.s sald Section 18, Tow of nuskego. and said Section l3. grantee for an electric rail.-.ay and trans-ission line riEht-Of- TG'J? of Vernon. aforesaid. and nov fenced and occupied by said .. V>" I e -. RESOLUTION #P.C. 07-98 APPROVAL OF AN AMENDMENT OF A CONDITIONAL USE FOR MINING AND PROCESSING OF SAND AND GRAVEL TO ALLOW A CAPACITY INCREASE OF AN ASPHALTWG PLANT FROM 225 TONS PER HOUR TO 350 TONS PER HOUR FOR PAM\IE AND DOLAN, MC. WHEREAS, The Plan Commission approved of a conceptual amendment to a building, site and operation plan for a new asphalt batch plant with an increased capacity of 225 tons per hour to 350 tons per hour on the Payne and Dolan property at Janesville Road and Crowbar Road. and WHEREAS, The existing building, site and operation plan is under a conditional use and the replacement of the existing batch asphalt plant is considered a substantial change to the existing operations requiring an amendment to the existing conditional use WHEREAS, A public hearing for said conditional use was scheduled prior to the Plan Commission meeting, dated January 20, 1998, and WHEREAS, The property is zoned B-4, Highway Business, and said use is permitted by conditional use. THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amendment of an existing conditional use for a new asphalt batch plant with a 350 ton per hour capacity for Payne and Dolan at the Janesville Road and Crowbar Road site. BE IT FURTHER RESOLVED. That said plans are approved as submitted and a copy of said plans be kept on file in an address file in the Building Department and all aspect of this shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall resdt in the imposi!ion of fines of S!00 psr dzy, the initiation of legal action, or both. Plan Department City of Muskego Adopted 0 1-20-98 Defeated Deferred 01-12-98