085 - 7/1/1982No. z CUG 2 119~171 LANL Relates to Grant No. 85 3: -- ~-
Acwptance of Conditions of Conditional Ure Grant.
THIS COVENANT, Made this. .22nd ....... day of. .J.d $is ......, 1982..
by. ... ............................................................................... Open Pantry Jood Marts of !.J. ............ I nc !.
...
for the use and benefit of all persons from time to time resident or owning proprty uithin the
.Grantors,
boundaricsofthe. ..Ci.tT. .... , of ... .Musk.ego.
mty. Vllhge. Town. Gunry)
klaukesha. .County. Wisconsin. on3 for the use
,nd bcncfit of the said. ... c.i.t.y. :qf. ....... MU.S:&O. ...
deicritrd class of pcrsons. Grantees.
in its own right and as agent for the purpose of enforcing these presents on behalf of the abovc
(ciiy, v, lagc row" &my)
Thc prcmscs 3ifectcd by thesc presmrs (hcreinaftcr called the Prcmiscs) arc the
Of.
following described lands in Township. .5. North, Range. .2.0.. .East. ~n thc County .Wa&.e.s.ha. ~JXI state ~i~~~~~i~,. tO-UiL:
Pt S 112 NE 114 and N 112 SE 114 Sec 2, T5N, R20E, Corn Intersec
Roads, S60 30' W 172.92 ft. S25 30' E 168.96 Ft. S82 30'E 96.34 Ft.
S83 34' E 105.07 Ft. N25 W289.08 Ft to bgn. R209/579
I
Mail addless of the Premisfs is S66 W14501 Janesville Road
and that no other person has any estate or interest therein erccpt by reason of easements for publc utilities, building restrictions. dedications to
Grantors warrant and covenant that at the time oi the ensealing and delivery of these prcscnts they are all of the ow>ers of the Premises
the public or public bodies, instruments not of record, and mortgages to banks. savii?gsand loan associatioisor insurmce companies.
Cranto:s represen; that petition on rhcir lbehalf uas made to the. .c.i.t.y ........... .of.. ..MUSk.egc?.
pursuant to thc Zoning Code of the said. city. ., for grant of permission to erect and/or conduct on the Premises a use
agreelnents as to site, building and operation plans which were incorporated into the Conditional Use Grant: that based rhcrean Conditional
there permissible not by right but only by Conditional Use Grant: that in connection therewith Grantors made certain representations and
Gty. \i,liaac. Town. County1
.........
Use Grmt No. .8.1 ... was issued under date of. ..s.hllJr .6.... ....... ~, 1.82 ., ar.d that a truccopy thcrcof is on file with tile Plan. .Comi.s.s.i.on.. ..of the. .cr.t.y ............. of .... ..Mu.s.k.egO, ... (Cw. Vdage. Town. Gunry)
ahd conditions thereof. This covmant shall run with the land and shall bc binding on the Grantors and on all pcrsons claiming any cstatc or
NOW, THEREFORE, Grantors hereby accept the =id Conditional Use Grant and covenant strictly to comply with dl of the terms
intcrcst in thc Premises by. through or under the Grantors, as long as the said Prcmises are ussd as described in the Conditional Use Grant for
the apcration or: .S.~f.r.s.e~.~i.~.e. .ga.s.r*l.in.e.. .~.uL.l.eC .... in. .mmer.t;.i.~.n. ~i.t.h. .cona.ni.en.s.e. .s.~D:
In Witness Whereof, Grantors have hereunto set their hands and seals this. .day of. , 19~
SIGNED AKD SEALED IN PRESENCE OF
...
.. - - ., . . ,
CORPORATION
.(SEAL)
ts of Wis., Inc.
. TITLE President ..... ...... .(SEAL)
._ .. ... (SEAL)
, TlTLE
ACKNOWLEDGMENT INDIVIDUAL
and. .. Secretary
of the abovc named wrporation, to me known to be such persons and
officers who executed the foregoing instrument and acknowledged
purposes therein contained.
that rhey executed the same as such officers. by its authority. lor the
THIS INSTRUMENT WAS DRAFTED BY (SEAL) Jean Marenda
ST,\TE OF WISCONSIN.
.Gunry.)= Personally Came More
me this.. ...... ,.day of. ................. 19.. ...,
thc above nnmcd.
... ...
to me known to be the persons who executed the foregoine instrument
and aclmowlcdccd the same. .
I.
Notary Public, State of Wirconsin ..
MY Gmmission expires. ./.Q/.S~J..E.~. ............
Before the. ...................... Comission of the. City ............. .................... Muskego of. (h~rinf My) """ (City. V8Ilage. Town. (hntyl
.Ma.&esha. .~County, Wisconsin, in regard to Premises at. .$66.. .W.~~~.~.~~...J.ar?e.sri~.~.e. .Rd:
.in township..^^. .5 ..... .North, Konze ..... 20. .East,. .huke.Sh.&
Sratc of Wisconsin, further described as lollows:
.County,
Pt 5112 NE 114 and N1/2 SE 114 Sec 2, T5N, RZOE, Corn Intersec
Roads, S60 30' W 172.92 ft. S25 30' E 168.96 Ft. S82 30'E 96.34 Ft.
S83 34' E 105.07.Ft. N25 W269.08 Ft. to bgn. R2091579
provide that the premises may not be used of right lor the purpose hereinafter described but that upon petition such use
WHEREAS the Zoning Code and Zoning Lktrict Map of the above named municipality. pursuant to State Statute.
may be approved by the municipality as a Conditional Usc Grant in particular circumstances as defined by the standards
in the Zoning Ordinance; and
Petition therefore having been made, and public hearing held thereon, and the ...~.~.a xl... ~~,T(rmi.$.$:.isB. .........
(Amna Eds)
of the. ... C.i.ty.. ...... of ........ muskeg^. .~. ........ ..having detcrmined that by reason of the
of such use upon the term and conditions hereinafter prescribed would be consistent with the requirements of the Zoning
particular nature, character and circumstances of the proposed use, and of the specific and contemporary conditions, grant
Ordinance:
[CilY. VIII.%E. TOW". Gunry)
Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated. that
the Premises may be used for the purpose of. .... self.~s~r~ice..~saline..a.utl~t. .in...comction ......
GRANTED by action of the..&U..~.ShX.. .of the ... .C.it.Y ............. of ........ M.V.6kCgQ. ................
.. .with..a..conuenFence..s~ar.e _ ............................................................................ .......................
the. .hth.. ... .day of. ... .......... _, 19..82. (City. Village. Town. County)
Signed :...~ .... .... ~~$Ll~:c~&k / ........
The CONDITIONS of this Grant are: /P ' ean K. Marenda
I, This Grant shall become effective upon the execution and recordhg by the Owners of thc Prcmises of an acceptancc
hereof in such form as to constitute an elfcctive covenant running with the land.
2. This Grant shall be void unless proper application, pursuant to the building and zoning codes ol the municipality, for
appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within..LZ. ..months
of the date hereof.
1. 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 Petitlon for this Grant, and annexed hereto.
5. Any of the conditions of this Grant which would normally be the responsibility of tenanu 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.
.ItD.OU* ,lRN .IL..YI."
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 Lightingof the Building: Limited to a Height of Eight Feet (8')
e. Other. Gable roof on front of addition to blend with existing building.
8. Conditions on the Site
a. Street Access (number, location, design)
b. Offstreet 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): None permitted,
e. Finished topography and building grades, retaining walls, storm water run-off:
1. Landscaping of the Site and Buildings (including plant types, size, spacing)
g. Pedestrian walkways, terraces, malls (location and design)
except for dumpster located behind fence.
No fill permitted in creek.
h. Signs (free standing) location, size, design (including lighting).
i. Exterior Lighting of the Site, location design and power: Not to overspill site.
1. Other: - Prohibit piling of snow against adjacent building. - Extend fence to adjoining building. - Canopy over gas islands to be gable-styled to match building
Receipt of a True Copy of this instrument on behalf of the petitioner
acknowledged the..fdLrC .day of. .lZh?.!/. .....,. ., 195%
:w.&E:4h.. 7 ...
*I ~.w'~te: Where the conditions are shown on ,drawings. photographs. or similar atcachrnents, Enter: "See Exhibit
v i
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