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064 - 3/1/19731' . --- '. ti0.2 WC 2 118671 LAND COVENANT . Relates to Grant No. 64 A" Acceprancc of Condirions of Conditional Use Grant. THIS COVENANT, Made this. 6t.h. .day of. ................... March by ..John..L ~Wa.lsh. for the use and bencfit of all persons iram time to time resident or owninc property within clle boundariesoithe. .Ci.%.Y ........... af~. ..??!V.S~keg!? Gry, Vlllafe. lbwn. counry1 .Nauke.s.ih.a.. ...... ........ .County, Wisconsin, and for the use 4 benefit 01 the said .c. i.ty ....... of^ ......h! U.S.kegQ. Its own right and as agent for the purpose ai cniorcing these presents on behalf D GIY. Vlllagc, Town. Gunry) described class of persons. Grantees. RETURN TO: The prenxses affected by these presents (hercinaiter called the Premise following described lsnds ~n Township. .>. .K\:orth, Range..Z.O. .East, ~n 01. .w.aUk!%Sha. .ard State oi U'isconsin, tcwit: Lot 9, Block C, Maclen Meadows Subdivision Mail address of the Premises is. ...................................................................... S69 W12832 Woods Road ... ... and thzt no other person has any estate or interest therein except by reason of easements lor public utilities. building restrictions, dedications to Grantors warrant and covenant that at the time 01 the ensealine and delivery of these presents they are all of the owners of the Premises the public or public bodics. Instruments not oi record. and mortgages to banks, savings and loan associations or insurance companies. Grantors re!msnlx that pct>r10:1 on their behali was made to the. ..ci.ty!. ........... .of. .Muskego.. pursuant to thc Zoni:>g Code ai the ssid. C.i.t.)! ., [or grant of permissic3 to erect andlor conduct on the Premises a use there permissible not by right but only by Conditional L'sc Grant; chat in connection therewith Grantors made certain reprcsentmions and agrecmenls as to site, building snd operation plans which were incorporated int3 the Conditional Use Grant; that based thereon Conditional ., 19. 73. and that a truecopy thereof ison file with the (ClLY. vlllogc. Tnwn. 6unrg) L'se Grant NO.^^^ h4.. .\\'as issued under datc ai. .M.ar.C.h. h,. .Ci.t.Y. .C.krh. .oi the. C.i.t.)! ............. .oi.... ... M.USke.g.0.. (city. village, Town. Gunryl NOW, THEREFORE, Grantors hcreby accept the said Conditional Use Grant and covenant 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 pcrsons claiming any cstate or the operation 01: .a. .two.. .family.. xesidence. intcrest in the Premlses by, through or under the Grantors, as long a3 the raid Premises urc used as described in the Conditional Use Grant lor In Witness Whereof, Grantors have hereunto set their hands and seals* .ki" ~&y of. .%fi::C-r..h.~ , 19.?3.. ... .......... SIGNED AND SEALED IN PRESENCE OF Bette J. Bowver ... CORPORATION ACKNOW STATE OF WISCONSIN, Is5. .County. Personally came belare me this. .day 01. .. ..... .. President 19. of the above named wrporacion, to me known to be ouch persona end and. ., Secretary oRlssn who srsrutmd thm fonmlns Imtrurnms end asknovlsdnsd that they executed rhe Same BS such officers. by It5 suthorlty. for the purposes thereh contained. THIS lNSTRUHENT WAS DRAFTED n" Barbara J. Sands (SEAL) .(SEAL) (SEAL) ,DCIMWT , TITLE INDIVIDUAL Personally came before , lS..?.3 the above named. .. ........ ... .......... to mc known to bc the persona who executod the foregoing lnlrrumcnr ........................ ..... Pt tP .l W"PV My Commirrion expires Namy Public. State of Wir$ns ................................. %h Ph! of the^ %.y.. ........ of ...................... Muskeg.0~ G~Y. Villaao. Town. Counw) .having dctermined that by reason of the ... .of the. City ................ of. ~..Muske.@ (Air)ng Mil (city, wage. ‘Town. GW,) Waukesha ~~~~ ..... .County, LVisconsin, in regard to Premises at. .............................................. S69 W12832 Woods Road in ‘Township. ... .North. range.^.. 20 ..... .East,. Waukesha ........ .County. State of Wisconsin. further described as follows: Lot 9, Block C, Maclen Meadows Subdivision WHEREAS the Zoning Code and Zoning District Map of the above 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 circumstances as deSned by the standards in the Zoning Ordinance; and Petition thererore having been made, and public hearing held thereon, and the. plan. CO~m.!Ki.SS.iOr! (Acrlng Bods) particular nature, character and circumstances of the proposed use. and of the specific and contemporary conditions, grant of such use upon the term and conditions hereinafler prescribed would be consistent with the requirements of the Zoning Ordinance: Original filed in the office of the .............................. City Clerk ..... of the ..... ....... ..... Signed:.. . ................ The CONDITIONS of this Grant are: //- I. This Grant shall become effective upon the execution and recording by the 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 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 withid2. months 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 responsibilityof tenancs 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 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, laation. Size, Design (including lighting): d. Exterior Lighting of the Building: e. Other. Section 8.01 (7) C. 10. of the Muskego Zoning Ordinance: is dominantly single family in appearance; the second unit does not 10. Two family residence, provided the architectural character exceed 800 square feet of residential floor area; and one person in each unit is related to a person in the other unit by blood, marriage or adoption. 3. Conditions on the Site a. Street Access (number, location, design) b. Off-street Parking (location and deign 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-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) loc~tion, size, design (including lighting) i. Exterior Lighting of the Site, location design and power. j. Other. Receipt of a True Copy of this instrument on behalf of the petitioner acknowledged the .... &r. .dsy of. .&n:.k.. ... ... .., 19-73. tL Nore: Where the conditions arc shown on maps. drawings. photographs, or similar attachments. Enter: 'Sce Exhlbit