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072 - 6/1/1976...... by. .................................... ........ Raymond .................. G. Erdmann ............ ........ I for the use and benefit of all persons from time to time resident or owning propeny within the .__ ,.Grantors, . boundaries of the. c.it .Y.. ..... .of ........................... Muskego ... (City, VIiisgc. Town. County) ............................ Waukesha ....... and benefit of the said. .ci.ty .... .of. ..................... Muskego .County. Wisconsin. and for the use ...... (City. VtII.pe, Town. County1 I its own right and as agent for the purpse of enforcing these presents on behalf of the above demlhcd class of persons, Grantees. The premises affected by these restnts (hereinafter call d the Premises) are he following described lands in Township. .5 .North. Range. ........ 20 .East, in the County RETURN TO: of. ............................. Waukesha .and State of Wisconsin. tc-wit: Muskego, WI 53150 NE 114 of Section 25 Mail address of the Premises is. .ssa. Wl2.m". .L.oomi.S.~..I?Oad, .." "u.skego., .wi.sc.o.ns.in.. Hales Corners Post Office Grantors warrant and covenant that at the time of the ensealing and delivery of these presents they are all the owners of [he premises and that no other Person has any estate or interest therein except by reason of easements for public utilities. building restrictions, dedications to the public or public bodies. instruments not of record. and mortgages to banks. savings and loan asmiations or insurance companies. Grantors represent that @tton on their behalf was made to the. .City. ........... .of.. .Muskego. pursuant to the Zonmg Code oi the said. .City ..lor grant of permission to erect andlor conduct on the Premises a use there permissible not by right but only by Conditional Use Grant; that in connection therewith Grantors made Certain representations end (Ciry. Vdlsgc. Town. Gunryl agreements as to sit uilding and operation plans which were inwr rated i t the Condi o I use Grant; that based thereon Conditional .='as issued under date of. .......................... ~~., 19 76" .. ~~., and that a true copy thereof is an file with the Use Grant No. ............... 72 City Clerk ............................... .of the. ................... C1ty .of..... ......................... Muskego ...... (City, Vmliage. Town. County) SIGNED AND SEALED IN PRESENCE OF .......... ...... ..... ... """ ... .... ." ...... ........ ... .......... CORPORATION ........................................ t"' .(SEAL) "". .... ... (SEAL) TYPE NAME "ERE IF A CORPORATION. .......... ... ... ... .(SEAL) .......... ...................... ...... .(SEAL) ACKNOWLEDGMENT INDIVIDUAL STATE OF WISCONSIN. .County. 1" Personally came before me this. day of. ... ., 19. ."", and. ., President of the above named corporation. to me known w be such pcrmns and ., Secretary officers who executed the foregoing instrument end acknowledged purposes therein contained. that they executed the same 8s such officer,. by It* aurhcrlty, for the ... ... ......... T",S lNSTRYHENT WAS DIAPTLD B" (SEAL) Barbara J. Sands ...... he above named. &! ., 19% - .. -. ..... ... tome known w be the personswho executed the foregoing insttumenc .......................... %otary Public. State of Wiswnd , Plan Commission .of the. City ............. of. Muskego ... ..... ... ................... ...................... (Acring Body) (City. Village. Town. Gunrv) ., ... Waukesha. ..~ .County, Wisconsin, in regard to Premises at. .s9.8..M.l257.8. .Lr?ami.S. .RQad.. ......... ....... ... in Township. .?.. ... .North, Range .............. 20 East,. ......................... Waukesha .... .County, Scatc of Wisconsin, further described as follows: NE 114 of Section 25 of the. c.it.y ..... of ......................... Muskego (City. Village. Town. Gunry) .having determined that by reason of the particular nature, character and circumstances of the proposed use, and of the specific and contemporary conditions. grant of such use upon the tern and conditions hereinafter prescribed would be consistent with the requirements of the Zoning Ordinance: Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated, that the Premises nyy be use for the p rpose of.^ ..................................... retail repai.r .and., ..sales .... 0.f .motor .V.e.h.~.cles.~. ..... motorcyc es ani sma~f engines ................................................................................................................................................ .............. GPgTED by action of the%!.!. co!!?!!%?.d!?!!of the... .City .......... ..of ....... M.U.Sk.%Q. ................. Attest: _._ (Seal) the. ............ .day of. ....................... June ... _, 19. 7.6. an.. .... ..i Tdc i.ty.. .Ckr.k. ............... (City. Villsgc, Town. County) Clerk Original filed in the office of rhe..p.l.a.n.,.C~.i.~.~$li~n. ... .of the.. .C.ktJ! 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 mning codes of the munici ality, 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. appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within .... lz..months 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 employees thereof. IllBWlY IWN VIIIIYIH - 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-off: f. Landscaping of the Site and Buildings (including plat types, size, spacing) g. Pedestrian walkways, terraces, malls (location and design) h. Signs (free standing) location, size, design (including lighting): Receipt of a True Copy of this instrument on behalf of the petitioner acknowledged the ......... .day of ..... ..................... 19"". ~ . . .. . .. . Conditional Use Grant #72 Exhibit A Conditions applicable to the building, site & operation: surfaced up to the edge of the right-of-way within 60 days and that 1. That the area in front of the existing building be hard a bond in the amount of be provided to assure such hard surfacing. traffic from cars on the premises. 2. That permanent barriers or railing be erected to separate road a minimum height of 18" to 24". 3. That existing -evergreens be replaced with mature global yews - type and that the-premi-ses-be maintained in a-clean-and tidy condition. 4. That -there .shall .be no outside .storage on the .premises- of- any=- 5. That used cars on display be parked away from main highways .. .- and along the west edge of the hard surfaced area. 6. That the entire building shall be repainted white and the only signs permitted shall be: masonry -frames :under - existing refl~ectLng- light f~ixtures :- such. .to be made -by a .pro€essii;onal~:sign~-p.ainter -and-to include one or .two words -in a band..form to read,=for.-example, "!:Tires j-Batteries, Tune-up", etc. Circular panels and .one-rectangular panel inserted in existing or In lieu of the above, the east wall of the building may include two long inset siqns not to exceed the width of the brick frame nor a height of 2 (two feet). Two signs paintedon the circular tower of the building reading "Erdmann's Motors" or "Erdmann's Motor Center", signs not to exceed 18" in height. Small informational signs on windows and glass doors - not advertising or sale type signs. 7. That no other building or structure on the premises shall be used for these purposes except the main building.' Remaining buildings shall be used and maintained as residential. 969238 n I. ,'.