065 - 7/1/1973d
. .< .. 0
5. Relates to
N~. z CUG LAND COVENA~. Grant No. 65
' Acceptance of Conditions of Conditional ~4m4j46 IYb61 323"-
THIS COVENANT Made this.
by85b,2B Gerald * ................................ R. Loebel
." .Grantors,
for the use and benefit o( all persons lrorn time to time resident or owning property within the
boucdariesofthe. c.&%y~. ..... of^. ..Mu.?.k%o. ...
(Ciry, Villagc. Town. County)
............................. Waukesha ........... ..... .County. Wisconsin, and for the use
in its own right and as agent for the purpose of enforcing these presents on behalf of the above
described class of 9erzons. Grantees.
followlng described lands in Township. 5. North. Range..Z.o.. .East. in the County
The premises aKected by these presents (hereinafter called the Premises) are the
or. ..................... Waukesha and state of \\'isconsln. tO-wlt:
RETURN TO: .i'
City of Muskego Y: ,;
P. 0. Box 25
Muskego. Wis. 53150
Commencing at the W 1/4 corner of Section 21; thence N88°45'16"E
along the \V 1/4 line of Said Section 1981.49 feet to a point on the
centerline of Parker Road; thence S 12°08'00" W along said centerline
W along the aforementioned centerline 513.95 feet; thence N 88°45'16"E 41.26 feet to the place of beginning; thence continuing S 12°08'00"
728.92 feet; thence N 01°14'44"W, 500.00 feet; thence S88°45'16" W,
610.00 feet to the place of beginning and containing 7.684 acres.
Excepting and dedicating therefrom a strip of land 40 feet in width
lying Southeast of and adjacent to the above described centerline of
Parker Road.
Mail address of the Premises is. .W~l81. .S.9U4..P.ar.~~...Dri.ue..
Grantors warrant and covenant that at the time of the enxaling and delivery of these presents they are all of the owners of the Premises
and that no other person has any estate or interest therein except by mason of easements for public utilities, building restrictions, dedications to
the pub:^ or public bodies. instruments not of record. md mortzoges to banks. uvings and loan ashociations or insurance companics.
Grantors represent that pctitmn on their behalf was made to thc. c.i.t.y. .......... .of...M.u.s.keg.o.
pursuant to the Zoning Code of the said. .c.i.t.Y
there permissible not by right but only by Conditional Use Grant; that in connection therewith Grantors made certain representations and
., for grant of permmion to erect and/or conduct on the Premises n use
.was issued un rd te of Wovembe);d.k;id 19~ and 72 that n truecopy thereofison filewith the
cltv. V,II~~~. Town. GUWI ...
and opcration plans which w incorporated in D the Conditional Use Grant; that based thereon Conditional
........ ..................... .". .of the. "',y ..: of (City. Village, l'own. County)
and conditions thereof. This covenant shall run w~th the land and shall be bmdinc on the Grantors and on a11 persons claiming any estate or
NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and covenant strictly to comply with all of the terms
interest in the Premises by, through or under the Grantors. as long as the said Premlses are uscd as described in the Conditional Use Gront lor
In Witness Whereof, Grantors have hereunto set their hands and seals this. .day of. ... ,19. ...
the operationof: ..l.n.b.O.~r .S.t.Q..tage. of. .r.ecr.eatianal. ..equipment .... .e.t.~....
SIGNED AND SEALED IN PRESENCE OF
................
..... /d -. .............................. H/& .(SEAL) -
.. ._. .... .... (SEAL)
. -. . - -. ....... :..(SEAL)
, TITLE ..
... .(SEAL)
. TITLE J
CORPORATION
ACKNOWLEDGMENT INDIVIDUAL
STATE OF WISCONSIN.
Personally came before Personally came before
me rhla. .day of. .. 19. . ....., me thla. .y ,.day of. ... ., IP..?.?.
.................
and. ., Secretary
ol the above named corporation, to me known to be such persons and
TU18 INlTRUHENT W1l DRWTED eV
.............................. purposes therein contained.
thar they executed the same as such officers, by its authority, for the
and acknowledged the same. oficers who executed the foregoing instrument and acknowledged
to me known to be the persons who executed the foregoing instment
(SEAL) ... ... ......
Notary Public. State of Wisdnsin4/'Lffi7
My Commlsslon explrea.
~
Before the^ ............ ......... of. ................ ". ... ... Plan commission the. City Muskego
(Acring Body) (Ciry, villogc, Town. County)
Mauke~sha.. .County, Wisconsin, in regard to Premises at..Wi8 .Sg1.34. .Pa~rker. .Di.i.ve.
.in Township. 5 ..... NoIth, liange. 20. .East.. Maukesha. ... .County,
%tc of Wisconsin, further described as follows:
Commencing at the W 1/4 comer of Section 21; thence N88' 45'16" E
along the West 1/4 line of said Section 1981.49 feet to a point on
the centerline of Parker Road; thence S12O 08'00"W along said
S12008100"W along the aforementioned centerline 513.95 feet; thence
centerline 41.26 feet to the place of beginning: thence continuing
S88°45'16"W, 610.00 feet to the place of beginning and containing
N88045'16"E, 728.92 feet; thence NOlo14144'W, 500.00 feet; thence
40 feet in width lying southeast of and adjacent to the above
7.684 acres. Excepting and dedicating therefrom a strip of land
described centerline of Parker Road.
WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to State Statute,
providc 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 defined by the standards
in the Zoning Ordinance; and
Petition thereforc having been made, and public hearing held thereon, and thc. .P.l.a.n. .c.Q."!!li.S.S.hn. .....
(r\ciinp Rdb)
of the. CW .... of...^^ .... .Muske.g.O. ....... Gw. Villa~e, To*". Counrv)
.having determined that by reason of the
particular nature, charactcr and circumstances of the proposed use. and of thc specific and contemporary conditions, grant
of such use upon the terms and conditions hereinafter prescribed would be consistent with the requirements of the Zoning
Ordinance:
Now, therefore, IT IS GRANTED, subjest to compliance with the erms and conditions hereinafp stated, that
the Premises may be used for the purpose of ............................................................................................... indoor storage 01 recreatlonal eq.ulpme.n.g.r$.tc
." .......................... ...........
GRANTED by action of the.Plan
the.. .21s.t .... ..day of..No.vemher.
Aftest: n
......... .................................................................
I' (Mayor. President. Chslrrnm)
."."
(Seal)
Tho CONDITIONS of thls 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 eliective 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 Permicl in conformity to this Grant. is made within d.4. ..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.
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 he made
employees thereof.
" " . "" ".
"ll.".u ,OH "I,..""..
PEEL 046 lHA6E 327 1 1
6. Conditions on the Operations ~,,t Applicable
a. Hours of operation:
b. Performance standards relating to noise, vibration, odor, smoke or dust:
c. Water supply requirements
d. Provisions lor sewage disposal
e. Other.
7 Conditions on the Buildings
Not Applicable
a. Facade material of each building side:
b. Entrances, Design and Location
c. Signs attached to the Zuilding. Location, Size, Design (including lighting) :
d. Exterior Lighting of the Building:
e. Other.
8. Conditions on the Site Not Applicable
a. Street Access (nurnbcr, 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-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) location, 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
4 acknowledged the ..... i!...- day of. .., .., 19.13..
. . . . . . . . , . . . . . . . . . . ......... ...~~ ............... ...... .......
Note. Whrrc the cnnrlitions arc show, on map?, drawings. photographs. or similar attachments. Enter: 'See Exhlbit