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063 - 2/1/1973by. .Ei.scansin..EEle~.tric. .Power. .h,. for the use and bene5r .all persons from t. e to time resident or owninn DroDertv within [he boundariesof the. e', ty ............ .OfL Wt ... - U~LLUGK ... M (C~ry, \Wage, Town. County) ~~~ Waukesha ....................... ~ ~~~ .County. Wisconsin. and for the use and benefit of the said. .ci~t)! ....... .of. ~M.U&e.g.O.. (City. Vlllage. Town. Counryl 11s own right and as agent for the purpcse of enforcing these presents on behalf of thc above descrlbed class of pcrwns. Grantees. Tile premises affected by these presents (hcreinalter called thc Prcmises) are the followmg descri1;d 12ds in lounship. .5. .North, ]Range .2.0.. .East, in the County .Wauk.es.ha. .cnd State of Wisconsin. to-wit: Mushega, Wis. 53150 "' jee attached Exhibit A Mail address of the Premises is^ Grantors warrant and coverant that at the time of the enrealin; and delivery of these pmsents they are all of the owners 01 the Premises and that no other person has any estate or merest therein except by reason 01 easements for publlc utilitis. building restnctions. dedications to the public or public bodies. icstrurnellts not of record, and mortgages to banla. savings and loan associations or insurance companies. Grantors represent that petitlon on their behalf was made to the. ,Ci.t,y ................. .of.. ..Mu.$.k%!? pursdant to the ionins Codc ol the said. .ci.$.y .,for grant of permmion to erect and/or conduct on lhc Premises a use there permissible not by right but only by Conditional Use Grant: that in wnnection therewith Grantors made certain reprcsentotions and agreements as to site, building and operation plans which were incorporated Into the Conditional Use Grant: that based thereon Conditional use Gryt NO ........ .33. Easissuedunderdateof..P.e.br.ua.ry .20. ., 19~~ 73 ....... and thataLruecopythercofisonfilewiththe (Clry, VIll~~c. Town. Caunryl .Cl.t.Y .Cl.e,tk.. ..of the. Ci.t.y ............. .of ..... h!.u.s.ke.g 0. (CltY. Village, TOW. Gunryl NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and covenant strictly to comply with all of the terms and conditions thereof. This covenant shall run with the land and shall be binding on thc Grantors and on all persons claiming any estate or intcreal in the Premises by. thr0uG.h or under the Gra?tors. aqlana asthe said Premises are used as described in the Conditional Use Grant for the operation of: ..e.kc.%.E.%.C.. PoW.!X .dl.$.t.~.~buf.~.o.n.. ..CC.".!.C.?. .... In Witness Whereof, Grantors have hcreunto sct their hands and seals this. :? .day of rP .Cpi--e~ I.l..7J SIGNED AND SEALED IN PRESENCE OF ...... i-Jy .~ ......... Br "" r. .. ....... ........ ..Br .itlow" .(SEAL) . - - .. -. (SEAL) I CORPORATION ACKNOWLEDGMENT STATE OF WISCONSIN, .Mil u 00 !!?ti . . Permonally came tefors me this^ day of. ... ., 19.23.. ......................................... Sol Burstein 9.. ...... Senla. .Vice. President and. .................................................. of rhe obove named corporsrion. LO me known to be such pcrsms and ., Secretary officers who executed the foregoing instrument and acknowledged purposes therein contained. that they executed the Sanw as such officers, by its authprity, for ths H. L. Warhanek < TW15 INSTRYHENT w*9 DRAFTED B" *. rbn:. i J. Sands {SEAL) INDIVIDUAL STATE OF WISCONSIN. ....... Permnnlly crime &fora me this.. .day of. ., 19. ., the above named. ... to me known to be the persons who executed the foregoing instnrment and acknowledged the same. I i W.a.uke.s.h.a. .&unty, Wisconsin, in regard to Premises at. ~.. ...... .in l-ownship. ..5 .... .North, Range. ..z.o. .East ,..... ... \?'auke.s.h.a. ...... .CouI~ty, Statc of Wisconsin, further described as follows: See attached Exhibit A WHEREAS the Zoning Code and Zoning District Map of the abve named municipality. pursuant 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 circurnstanccs as definec by the standards in the Zoning Ordinance; and Petition therefore having been made. and public hearirlg hcld thereon, and the ... .Plan. Cmi~ssion. (Acting t3dY) oi the. .Ci.f.YL ...... of .... .MIJskego.. ... ... (1:lry. VilioGe. TlW", c"",l,y) .having determined that by reason of the particular naturc, character and circunlstrlnccs of the proposcd use, and 01' the spccihc and contclllpwu y conditions, grmt of such use upon the tcrrns and conditions ksreinafter prescribed would be consistent with the reqgirements of the Zoning Ordinance: the Prepises may be used for the purpose of. ... c.0. lrs. t.r.uct.ion ... 0.f ..?.r! .... ekG.t.~.i.C. .P.O)Y.e.C .......... . dlstrlbution center the .... 20th. .day of. F.Cb.rY&.!Y .. ., 1923. NOW. therefore. IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated, that .................................................... ................... .................... ................. GRANTED by action of the.Pl?.*.. c.9.!!!!.k?.i.0.!bf the. %.tJ!.. ....... of ...... MUS.keg.0.. ...... .. rlrlc.Ma. x .... - (Mayor. Prcridmt. Chairman) Original filed in the office of the. .city .Ckr.k.~.~~ ... .......... Muskegs. .............. Signed:.. ......... ... The CONDITIONS of this Grant are: I, This Grant shall become effective upon the execution and recordingky the bwners of the Premises of an acceptance hereof in such form as to constitute an effective covenant running with the land. appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within. .......... 12 months 2. This Cram shall be void unlcss proper application, pursuant to the building and zoning codes of the munici ality, for of the dace hereof. C'ty C erk 3. Thin 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 contaln provisions for posting of the pertinent condiclons to notify " mploym rhrnrroL " wwn lwu EI~UIU~LI "" __ EXHIBIT "A" fifteen (Is), Township Five (5) North, Flange Twenty (20) Past and the All 'that part of the Northwest one-quarter (N&) of Section Southwest onequarter (S*) of Section Ten (lo), Township Five (5) North, Range .Twenty (20) ,&st, City of Muskego, Waukesha County, Wisconsin, hounded and described as follows: Commencing at the north one-quarter (%E) twenty-eight minutes forty-five seconds West (S.S9"2B'b5"W.) a distance comer of said Section Fifteen (15); thence South eighty-nine degrees of seventeen and.forty-five hundredths (17.b5) feet to a point in the center Liae of Woods bad; thence South fifty-eight degrees two minutes no seconds West (S.58*02'OO"W.) on and along the center line of Woods Road a distance of forty-seven and ninety-tuo hundredths (b7.92) feet to the point of beginning; thence continuing South fifty-eight degrees two minutes no seconds West (S.~8'02'OO1'W.) on and ?.long said center line of Woods Road a distance of four hundred fifty-seven and fifty-one hundredths (L57.51) feet to a point; thence North no degrees thirty-one minutes fifteen seconds West (N.00°31'1SW.) a distance of two hundred thirty-eight and sixty-eight hundredths (238.68) feet to a point on the south property line of the Wisconsin Electric Power Company Right-of-way as described in that certain Uarranty Deed recorded in the office of the Register of Deeds for Waukesha line being twenty-five (25) feet south of the north line of said Section County in Volume 106 on Page 232 as Document No. 51328, said south property Fifteen (15); thence South eighty-nine degrees twenty-eight minutes forty- five seconds West (S.S9'28'b5"W.) on and along said south Wisconsin Electric Power Compav Ri ht-of-Way line and parallel with the north line of said Section Fifteen ti ls), a distance of eight hundred forty-three and thirty- five hundredths (Sll3.35) feet more or less to a point on the west line of along the west line of said Wisconsin Xlectric Power Company Right-of-Way. said Wisconsin Electric Power Company Right-of-way; thence North on and a distance of fifty (50) feet to the north line of said Wisconsin Electric Power Company Right-of-way; thence North eighty-nine degrees twenty-eight minutes forty-five seconds East (M.B9"281115nE.) on and along the north line of said Wisconsin Electric Power Company Right-of-way a distance of one thousand two hundred thirty-three and sixty-seven hundredths (1233.67) feet more or less to a point fifiy-eight and thirty-three hundredths (58.33) feet west of the east line of the Southwest one-quarter (S&) of said Section Ten (10); thence South a distance of fifty (50) feet to the point of beginning; subject to Woods Road on the southeast.