074 - 12/1/1977THIS COVENANT, Made this. ..-E.th .day of. .- I ,.... December , 1917..
by. Xichard. .Knud.sen.
... .Grantors,
for the use and benefit of all persons from time to time resident or ownine property within the
baundaricsofthc .C.i.t.y ......... of:^ .M.uS.k.e.?a. IC~~~, vxBPl. row". 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
dcscribcd class of persons. Grantees.
followin: described lands in Towunship. -5. .North. Range. .2.@ .East. in the Count)
Thhe premises affected b, these presents (hereinafter called the Premises) are thc
of. Maukesha. and State of Wisconsin. tewit:
W188 SG909 Gold Drive
Part of the Southeast 1/4 of Section 5, township 5 I!orth, rany,e
South 220 feet, thence Nest 1Y8 feet? thencc North 220 feet: thence
20 East, commencing 22 feet South cf 1/16 post on East side, thence
E.ast 198 feet except volume 604/407 of deeds, .SO acres, R217/77.
Mail addressofthe Premises is. .?!.1.8.8 .s.6..9.0.~. .Gd.d. .h?j...Y.!..,. ..~U.S.k.!%LQ..~. .h.l.. ..5.3.1.5..0.
and that no other persan has any estate or interest therein except by reason of casements for public utilities. building restrictions, dedications to
Grantors warrant and covenant that at the time of the ensealing and delivery of these presents they are all of the owners oi the Premises
thc pdzc or pnb!i: barlie.. imt:Llments not of record, and mortgages to banks. savings and loan zssociations or insurance companles.
Grantors represclt that pcrition on their bc%li was made to the. City. ...... ~~~~~ .of: .Muskego..
pursuant to the Zacing Cole 31 the sad.
there permissible not by right but only by Conditional Use Grant; that in conncction therewith Grantors made certain representations and
agreements as to sne. building and operation plans which were ~ncorporated into the Conditional Use Grant: that based thereon Conditional
(City. VlllSae, low". Gunty1 .City ., for grant of permission to erect and/or conduct on the Premises a use
Use Grant No Zit .\\,asisruedrlndcrdatcof. .!k.C.C.!?b.er .6. ., 19. .?.?and thata truecopy thcrcofison file with tlc
.Ci+y. .Cl.crk. or the. .City ............ .of .... .Muske~n. (city. V~II~~, -row". ~~~t~)
and conditions thereol. lhis covenant shall run wnh the land and shall be binding on the Grantors and on a11 persons claiming any estate or
NOW, THEREFORE, Grantors hereby accept the said Condnional Use Grmt and covenant strktly to comply with all of the terms
intcresr in the Premises by, through or under the Grantors. as long as thc sai$,.Premlses arcused 3s descrihcd in the Conditional Ux Grant for
thr OpcratiOn of: .A I>upd:.e..x.
In Witness Whereof, Granrors have hereunto SCT their hand3 , 19.7.8.
h ~.($EAL)
~~~~~~~
....
..... (SEAL)
TYPE NAME HERE
IF 1. CORPORATION.
... .(SEAL)
. TlTLE
... ... .(SEAL)
. TlTLF J
CORPORATION INDIVIDUAL
ACKNOWLEDGMENT
STATE OF WISCONSIN. ls5,
.County.] Personally came before
me chis. .day of. ...
., Presldenr
., 19. _.
end., .... _, Secretary
of the above namcd corporation. to me known to be such persons and
officers who executed the forcgoing instrument and acknowledged
that they executed the same as such oficers. by its authority, for the
purposes therein contained.
TH15 INSTRUMENT WAS DRAFTED B"
Jean Marenda
(SEAL)
TATE OF WISCONSIN.
......................................... ,.6~np.}~~' Pcrsonelly came before
me this. .& .ds of...&&.&.yT .......... 19.28.
the above named. +!Cr".Cr4:.?! ....... A... ??:s.&J. .... ..................
My Commission expires ..... -. ..
Ueforc thc. l la!!^ c"r?T.i??j:o?? .of thc. .c.i?V~ ..... ~ol .............. MuFkevc ! ...... :.,...
(Amns Body) (city, WIW rown. C~U~CYI
Waukesha ... .County, Wisconsin, in regard to Premises at. ....................................................... W1R8 56908 Cold Drive .........................
.in Township ... .? .... .North. Range .... .?.!? .East ,.... ... !~!.(?.!k%?.h.!? ..... .County, ...
c+ltc oi Wisconsin, furthcr descrihed as follows:
W186 SG909 Gold Drive
PartofheSoFtTeTsy 1./4 of Section 5, t0wnshi.p 5 North, ranre
20 East, commencinp. 22 feet South of 1/16 post on East side. thence
East 198 feet except vclurne 604/407 of deeds, .SO acres: P217/72.
South 220 feet, thence !Jest 198 feet, thence North 220 feet? thence
WHEREAS the Zonin; Codc and Zoning District Map of the above named municipality, pursuant to State Statute,
provide that the premises may rrot bc used of right for the purpose hereinafter described but that upon petition such use
may be approved by the municipality as a Conditional Usc Grant in particular ci1-cumstances as dcfined by the standards
in the Zoning Ordinance; and
Petition therefore having been made, and public henring held thereon, and the&.ldn. .~.nmmi.ssinn. ...
of the. Ciry. .... of. ........ .Kuske~~o... ... ...... .having determined that by reason of the
particdar nature, character and circumstances of the proposed use. and of thc specific and contemlxxary conditions. grant
of such use upon the term and conditions hereinafler prescribed would be consistent with the requirements of the Zoning
Ordinance:
(\ct,ng BAY)
(City. Village. Tuun. County)
Now. therefore, IT IS GRANTED, subject to compliance with the terms and conditions Ihereinafter stated, that
the Premises may be used for the purpose of. .prmit.ting. the ... ex.i.s.t.i.nq, .s$.pu.c.tu.l?e. zt.0. .&...used.
GRANTED by action of the.~Elarl. .Commissiamf the ... .Ci.ty .......... .of .... I<usk.epo ..................
........ .as...a...Gupl.ex ..... ............ ... .............. ....... ... ........ .~.
the. .6.t.h .day of^ .... !kCe.?lhC.r ., 19..7.7. e*
/ Attest: .......... .......... .............
A%,
'. Jero . J Cr:'
(Seal) 'J.6.q. .:.. ......... &. Bet e J. Bow er ~%tlc. .C.h*r.ma.n...
(Mayor. President. Chairman)
TiCk..C.i.n! .C.i.e.rk.
(City. Village, To?. County) Clerk
Plan Commissj,on
-$tan Marenda Signed: '~..:' .-%.?A::LJ:~!~:
The CONDITIONS of this Grant are:
1. 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.
appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within. .2q. months
2. This Grant shall be void unless propcr npplication. pursuant to thc building ond zoning codes of the municipality, lor
of the date hereof.
munidpallry.
3. This Grant ir subject to amendment and termination in accordance with the provisions of the ioning We of this
4. Construction and operation of the use granted shall be in strict conformity tn 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. .by of the conditions of this Grant which would normally be the responsibility of tenantS of the premises shall be made
. /1 employees thereof.
.I_." ,911 .I.."." - -
b:t 266 i~m0u;j
- ___
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:
h. 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:
i. 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 thc Sitc. location design and power'
J. Other:
Drafted by LJean Marenda
,~ ...
Receipt ofi'Tme Cophf this instrumynron hehalfof the petitioner
............ ., 19..2.8.
..... . .
Note: Where the conditions are shown on maps. drawings. photographs, or similar attachments. Enter: "See Exhibit
- ..... W