086 - 10/1/19821h 2 CUG 1 r19e7) COh IONAL USE GRANT 1.2%0?!52 0 Grant Number. ........... 86
~
Serr. 62 23, 61.15. 60.7.1 and 19.97 Wir Stars.
........................... Waukesha ~County. LVisconsin, in reg:ard to Premises at. .WL.8Q...S7.7.0.5.. .P.i.~n.eer. .Dr.i.Ve.
... ... ... ........... in Township. 5. herei north, lian-c. .?Q. East.. .w.a.L!!!fi?s.???. County.,
Statc of Wisconsin. further described as follows:
See Exhibit "A" Attached.
pcovide that the premises may not be used of right for the pupse hereinafter described but that upon petition such use
WHEREAS the Zoning Code and Zoning District Ma? of the above named municipality, plursuant to State Statute,
may be approved by the mr~nicipality as a Conditional Use Grant in particular circumstances as clehfied by the standards
in the Zoning Ordinance; and
Fetition therefore having been made, and public hearing held thereon, and the. .Elan. .Commissian. ......
of the ........ ci.t"Y. .......... of .........M U.Sk.eg0.. ... .............. .having determined that by reaon of the
particular nature, character and circumstances of the proposed use, and of the specific and conternpxary conditions, grant
of such use upon the terms and conditions hercinafter prescribed would he Ccixisient with the recyircments of the Zoning
Ordinance:
(.Actins Bid\.)
~ .. (Ciry, villsgc. Town. Gunry)
Now, therefore, IT IS GRANTED, wbject to compliance with the tcrnls end conditions hereinafter stated, that
the Premises may be used for the purpose of..mdLi.-.fami~.y .... usE...a f.. .the...~xis.t~..b.~~~ing, ....
?'he CONDITIONS of this Grant are: U
hereof in such form as to constitute an effective covenant running with the land.
I, This Grant shall become effective upon the execution and recording by the Owners of the Premises of an acceptancc
2. This Grant shall be void Llnless proper application, pursuant to the building and zoning codes of the municipality. for
appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within.12. months
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.
9, Any of rhe condltlans of thls Grant whlch would normally be the respondblllry of tenanu of the premises shall be made
o part of their lease by the Owner, which lease shall contain provisions for posting of the pertinent conditions to notify
employees thereof.
"l,",." ,1111 .i,ll"l,,
x".
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LEGAL DESCRIPTION
EXHIBIT "A" .
A55365
The following described real estate situated in the County of Waukesha,
That part of the Southeast 1/4 of the Southwest 1/4 of Section 9,
Township 5 North, Range 20 East, Waukesha County, Wisconsin, bounded and
described as follows:
Commencing at a point 17 chains 56 links Norih of the 1/4 Post on
the South side Of Section 9, said pofht being in the center line Of
Waterford Road; running thence North 11' East along the center line of
be described; thence rursinq North 11O East rlan3 the center line of the the Waterford Road 69.67 feet to the point of beginning of the land to
Waterford Road 65.97 feet to a point: thence North 83O30' West 138.0 feet
to a point; thence North 6O30' East 4 feet to a point; thence North
83O30' West 69.24 feet to a point; thence South 6O30' West 5 feet to a
point; thence South 3-3/4O West 63 feet to a pqint; thence South 82'30'
East 198 feet to the point of beginning. Excepting the South 1 foot thereof.
page 434 and which deed described the conveyed property as:
Township 5 North, Range 20 East, bounded and described as follows:
on the South side of Section 9, said point being in the center line of
Waterford Road 134.64 feet to a point; thence North 83O30' West 138 feet
the Waterford Road; thence North 1l0 East along the center line of the
to the point of beginning of the land to be described, continuing thence
North 83'30' West 69.24 feet to a point; thence North 6O30' East 5 feet to
a point; thence South 83O30' East 69.24 feet to a point; thence South
6O30' West 5 €eet to the point of beginning. This description established
the North line of Horn Brothers' lot, also known as Creamery Lot.
of Section 9, Township 5 North, Range 20 East, Waukesha County, Wisconsin,
bounded and described as follows:
the South side of Section 9, said point being in the center line of the
waterford Rwd; thence North 1l0 East along the center line Of the
Haterford Road 134.64 feet to the point of beginning of the land to be
described; thence North 83.30' West 138 feet to a point; thence North
6O30' East 1 foot to a poht: thence South 83O30' East,to a paint in the
center line 1 foot to the point of beginning. Including however, such -
center line of the Waterfurd Road; thence South 11' West along said
lying principally on the above described lands and extending to the North.
lands a8 lie belw a brick etore and dwel,ling, frame garage and shed
msin, to-wit:
And also excepting therefrom that part conveyed by Deed in Volume 490.
That part of the Southeast 1/4 of the Southwest 1/4 of Section 9,
Commencing at a point 17 chains and 56 links North of the 1/4 Post
ALSO excepting that part of the Southeast 1/4 of the Southwest 1/4
Commencing at a point 17 chains 56 links North of the l/4 Post on 1 i
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f
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PAL;E 1-(con't) .
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EXHIBIT "A" coned.
A55365
LEGAL DESCRIPTION CONTINUED ! REEL 539 IWE 142 PAGE TWO
4
Also excepting therefrom the following taked for road purposes:
3e interest in the well in the following tract of land in Waukesha
vounty, Wisconsin, described as: That part of the South 1/2 of Section
9, Township 5 North, Range 20 &at, lying between the Owners East
property line and a line 33 feet West of, measured normal to, the
following described reference line: Commence at the South I./4 corner
of said Section 9; thence 215.07 feet North 89" 46' 05" West along
the section line to a point on the forward tangent of a curve on said
reference line; thence 210.65 feet North 9' 42' 22" East along the
forward tangent to the point of t8ng4?nCy; thence continuing North 9'
42' 22" East on the reference line to the owners North property line.
Except that land lying South of the owners South property line.
AND also excepting: Fee title in and to the following&act of land in
Waukesha County, Wisconsin, described as: That part of the South 1/2
of Section 9, Township 5 North, Range 20 East, lying between the owners
East property line and a line 33 feet West of, measured normal to, the
follcming described reference line: Commence at the South 1J4 Corner
of said Section 9; thence 215.07 feet North 89" 46' 05" West along the
section line fo a point on the forward tangent of a curve on -said
reference lfie; thence 210.65 feet North 9" 42' 22" East along the
forward tangent to the point of tangency; thence continuing go 42'
22" East on the reference line to the Owners North property line.
Except that land lying South of the Owners South property line.
This parcel contains 0.01 acre, more or less, exclusive of lands
previously conveyed or dedicated for highway purposes. Also a limited
higtnsay ~SQ-; for the right to constnct, cut and/or fill slopee, !
including for such purpose the right to operate necessary equipment i
thereon, the right of ingress and egress, as long as required for such
public purpose, including the right to preserve, protect, remove, or i
plant thereon any vegetation that the highway authorities may deeia '': i
necessary or desirable. %is easement is to terminate upon the coapletkwi
of this project or on the day the highway is open to the traveling
public, whichever is 'rater. In and to the followhgttact of land kr
Waukesha County,. Wisconsin, described as: A strip of land 5 feet ,h
widrnying Westerly of and adjacent to the above described parcel.
I
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THIS COVENANT, Made this. .1.9.Ch. .dag of .... .OCtOber. .. 19.82.
by. .E... .Verno.u..Ed.er.
... ... ...... ....
..... ... ... ... Grantora,
for the use and benefit of all persons from time to time resident or owning property within the
boundaries the. ... City .......... .of .... .MUkega. (City, Villsgc. Twn. County)
Waukesha ............................ .......... .County. Wisconsin. and lor the use
Muskego.. bcncht of the Said. ..city .of. ... ." ................ ...... (City. vii1agc. roun. County1
desirlhed class of persons. Grantees.
in its own right and as agent lor the purpose of enlorcing these presents an behalf ol the above
The premircs offeiected by these prescnts (hereinafter cailed the Premises) are the
following descrihcd lmds in Township. .5. .North, Range. .20. .East. in the County
0 f~ .Wa&.e~ha. md State of Wisconsin. [*wit:
1ET"RN 10: Jean Mar enda
City of Muskego // n
P. 0. Box 25 n-
Muskego, WI 53150
See Exhibit "A" Attached.
................................................................................................................. Mail address of the Preriscs is. W180 S7705 Pioneer Drive, Muskego, WI 53150
acd tht no ocher person has any estate or interest therein except by reamon of casements for public utalliies, buildin:: restrictions, dedications to
Grantors warrant and covenant that at the time of the ensealing and delivery of time prescnts they are all ol thc owners ol the Premises
the p.:bl:c or piodic hcjie;, ;:,struI:mn:s not of recold, and Irortgagees to banks, savings and loan assoclatiol-.sor insurance c.impanics.
Grwtors represcnr dint pcnrio? on :Imr Luha!f was made to the. ..c.i.t.Y. .......... of^ .. .M~Usk.%O..
pursuarlt to the Zonil,g Code 0: ;he szid. C.i.ty. lor grant of permmion to er~: and/or conduct on thc Premises a use
agrecrncnts as to sitc, bui1dir.g and opcration plans vhich wcre incorporated into the Cand>tionsl Clse Grant: that based thereon Conlitional
there permissible not by right hut only by Conditional Use Grant: that in connection therewith Grantors made certain representations md
use Crmt NO. .86. .izs issued under datsof. .k!.Xb..X .1.9.. ., !9..82. and that a truecopy thercolison file wiih ike
(city, v,l:a,;e, .Town. County)
.........
.Plan. .Commis.sian. .of the. .. ci.r.y ............ .of.... ."JSkkegQ. iCiry, Villnqe. Town. Coui>ryl
and conditions thercof. 7his cowzmt shall run with the land and shall be binding on the Grantors and ca all persons claiming any esr-1~ or
NOW, THEREFORE, Grantors hereby accept the said Conditional Use Grant and covenanr strictly to comply with nil of thc terms
interest in the Premises by. through or mder the Grantors, 3s long as the said Prcmises are used as described in the Conditional Use Gmx lor
tile operation .MuLt.i.-.fa.mi.l.y. .~.e. .of. .the. .exis.ting. &xuc.tur.e... ....
In Witne,ss Whereof, Grantors ha\v hereunto set thcir hands and seals this. .3.!. day ol .tJ..s!c..!. st , &A.
SIGNED ASD SEALED IN PRESENCE OF
.... - ..
... ......
CORPORATION
J
ACKNOWLEDGlllENT
STATE OF WISCONSIN,
.County. Personally came before
me this., .day of. .. 19. .......
... .... President
and .................................................................................... Secretary
Iss.
of the above named corporation. to me known to be such person3 and
amcers who executed the lomgolng Inamment and acknowledged
that they executed the simc os such officers. by its authority. lor the
purposes rherein contained.
INDIVIDUAL
STATE OF WISCONSIN.
.~.Cl.&e..&.h..a. .County. Personally came bclore
me thio. AI.&' .day al. .&2.r,!..!.. .._~~ ., 19.s.3,
}%
the above named. .E.U.c.r.C.f.t .p.,...L dC..C.,.xr.
.................................... "..*..... ....................................................................
and acknowledged the aarne.
to me known to be the persons who executed the loregoing instrument
c36Ll&d&..&i&'3 .". ". .....
-. . __
Notary Publlc. State of Wisconsin ., x , I , - .
My Comm!ss!on cxp~res ..... .l.Cl.~..+.k.B..3~. ___ ... I .\
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LEGAL DESCRIPTION
EXHIBIT "A"
e
A55365
v The following described real estate situated in the County of Waukesha,
nsin, to-wit:
That part of the Southeast 1/4 of the Southwest 1/4 of Section 9,
Township 5 North, Range 20 East, Waukesha county, Wisconsin, bounded and
described as follows:
the South side of Section 9, said point being in the center line of
Commencing at a point 17 chains .56 links NorLh of the 1/4 Post on
Waterford Road: running thence North 1l0 East along the center line of
the Waterford Road 69.67 feet to the point of beginning of the land to
be described: thence runninq North 1l0 East along the center line of the
Waterford Road 65.97 feet to a point; thence North 83O30' West 138.0 feet
to a point: thence North 6O30' East 4 feet to a point; thence North
83O30' West 69.24 feet to a point; thence south 6O30* West 5 feet to a
point; thence South 3-3/4O West 63 feet to a point; thence South 82O30'
East 198 feet to the point of beginning. Excepting the South 1 foot thereof.
page 434 and which deed described the conveyed property as:
Township 5 North, Range 20 East, bounded and described as follows:
on the South side of Section 9, said point being in the center line of
the Waterford Road; thence North 1l0 East along the center line of the
Waterford Road 134.64 feet to a point; thence North 83O30' West 138 feet
to the point of beginning of the land to be described, continuing thence
North 83O30' West 69.24 feet to a point; thence North 6O30' East 5 feet to
a point; thence South 83O30' East 69.24 feet to a point; thence South i
6O30' West 5 feet to the point of beginning. This description established
the North line of Horn Brothers' lot, also known as Creamery Lot.
And also excepting therefrom that part conveyed by Deed in Volume 490,
That part of the Southeast 1/4 of the Southwest 1/4 of Section 9,
Commencing at a point 17 chains and 56 links North of the 1/4 Post
<
ALSO excepting that part of the Southeast 1/4 of the Southwest 1/4
~ af Section 9, Township 5 North, RaEge 20 East, Wzukosha County, Wisconsin, 1 bounded and described as follows:
!
Commencing at a point 17 chains 56 links North of the 1/4 Post on
the South side of Section 9, said point being in the center line of the i
waterford Road; thence North 1l0 East along the center line of the
Waterford Road 134.64 feet to the point of beginning of the land to be
3escribed: thence North 830301 West 138 feet to a point: thence North 'I:' I
6O30' East 1 foot to a point: thence south 83O30' East.to a point in the
center line of the Waterford Road; thence South il0 West along said
center line 1 foot to the point of beginning. Including however, such
lands as lie below a brick store and dwel,ling, frame garage and shed
lying principally on the above described lands and extending to the North.
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i PAGE l-(con't)
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d EXHIBIT "A" contd.
A55365
LEGAL DESCRIPTION CONTINUED
Also excepting therefrom the following taked for road purposes:
?e interest in the well in the following tract of laad in Waukesha
"ounty, Wisconsin, described as: Thet part of the South 1/2 of Section
9, Township 5 North, Range 20 East, lying between the owners East
property line and a line 33 feet West of, measured normal to, the
following described reference line: Commence at the South l/4 corner
of said Section 9; theace 215.07 feet North 89O 46' 05" West along
the section llne to a point on the forward tangent of a curve on said
reference line; thence~210.65 feet North 9' 42' 22" East along the
forward tangent to the point of tangency; thence continuing North go
42' 22" East on the reference line to the owners North property line.
Except that land lying South of the owners South property line.
AND also excepting: Fee title in and to the followingaract of land in
Waukesha County, WisconsLn, described as: That part of the South 1/2
of Section 9, Township 5 North, Range 20 East, lying between the Owners
East property line and a line 33 feet West of, measured normal to, the
following described reference line: Commence at the South 1/4 corner
of said Section 9; thence 2l5.07 feet North 89" 46' 05" West along the
section line to a point on the forward tangent of a curve on-said
reference lihe; thence 210.65 feet North 9" 42' 22" East along the
forward tangent to the poiat of tangency; thence continuing 9O 42'
22" East on the reference line to the Owners North property line.
Except that land lying South of the owners South property line.
This parcel contains 0.01 acre, more or less, exclusive of lands
previously conveyed or dedicated for highway purposes. Also a lbited
highway easanent for the right to construct, cut and/or fill slopes,
including for such purpose the right to operate necessary equipment
thereon, the right of ingress and egress, as long as required for such
public purpose, including the right to preserve, protect, remove, or
plant thereon any vegetation that the highway authorities may deem
necessary or desirable. This easement is to terminate upon the completiw
of this project or on the day the highway is open to the traveling
public, whichever is :,rater, 'In and to the followingtract of land Zn
Waukesha County,. Winconsin, described as: A strip of land 5 feet ,in
vidtl$lying Westerly of and adjacent to the above described parcel.
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END