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087 - 10/1/1982. 1. Relates to 1. W3K!5 ~b. 1 CUG 2 (1~71 LAh JOVENANT - Grant No. 87 DOCYHENT~ Acceptance of Conditions of Conditional Use Grant. TH15 SPACE RESERYED FOR AECORDINC DATA ..... THIS COVENANT, Made this^ .Nth. .day of. .O.ctaber. ., 19.82. by. ..the. ..c..i.!X ..Q.f. .bS.k.egQ. .... .... ... .Grantors. for the use and benefit of all persons from time to time resident or owning property within the boundariesof the. .C.itiy ........ .oi ......... Muskego. ... ICY V~llagc. Town. County) .... ... .... .County, Wisconsin. and for the use d benefit of the said. ...city. ,.of. ... .MU.SkgO. ....... ..... in its own right and as agent for the purpose of enforcing these presents on behalf of the above describcd class of persons, Grantees. LTURN TO: (City. VI lap. Town, County) follo%ing desczibcd lane% m Townhip. .5. ..r\.orth, Kange. .20. .East. in the County The premises affected by these presents (hereinalter called the Premises) are the or. Waukesha and State of Wisconsin. t-wit: Part of the southeast 114 northwest 114 of Section 16, Town 5 Wisconsin, described as follows: Commencing at the southeast North, Range 20 East, City of Muskego, Waukesha County, creating an area 50 feet by 100 feet east and parallel to corner of the Municipal Police Department building and said building. Mail address of the Premises is. W183 S8150 Racine Avenue ... and thnt no orher person has any estate or interest therein except by reason oi easements ior public utilities, building restrictions. dedications to Grantors warrant and covenant that at the time of the ensealing and delivery 01 rhcse prcsents they are dl oi the owners of thc Prcmises thc pubiic or public bodies. mstzunwlts xt of recorJ. and mortgagees to banks. savings and !om zssociations or insurance companies. Cmnrars represe!>t that 2ctltion on rhelr hehalf ula~ made to thc. .... .c.i.ty... ....... oi. ..!&&ego. pursuant to tl:e Zomng Code of the said. agreements as to Fitc, buildlng and Operation plans which were incorporated into the Conditimal Use Grant; that based thercon Condltia,d there permissible not by right but only by Condmonnl Csc Grant; that in connection therewith Grantors made certain representations and Cse Grant No. ...& 7. .vws issued under dete of. ..Oc.t.o.b.er. .19 ., 19~.8.2. and that a t~~copy thercof ison file with ttle (SlL).. Vlllrge. Town. Catlnry) ........... City ... ._.. iorgrant of permiwon to erect and/or conduct on the Premises a L;se ................................................... Plan Commission .of the. Ci.ty~~ ....... h of^ .. .Muskego. (City, Village, Town. Caunry) NOW, THEREFORE, Grantors hereby accept thc said Conditional Cse Grant and covenant strictly to comply with ell of the terms and conditions thereof. This covenant shail run with the land and shall be binding on the Grantors and on a11 persons claiming any estate or intrrest in thc Premises by. throuzh or under the Grantors, as long as the said Premises arc used as described in the Conditiond Use Grant for theoperation of: .1.9.9. .ft... .televis.ion. .mw.er.-. ...... ...... ~~~ ~~~~~~~ In Witneas Whereof. Grantors haw hereunto set their hands and seals this. .19.t.h~. .day of. .Oc.tob.er.. , 198.2. 5IChZD AND SEALED IN PRESENCE OF ... ... &Lz -... ~.dAt.z&-. .(SEAL) Wavn G. Salentine. Mayor "tte L. Stewart, Clerk TIPS NAME "ERE IF A CORPORATION, .............. .(SEAL) , TITLE CORPORATION ACKNOWLEDGMENT INDIVIDUAL STATE OF WISCONSIN, .County. Personally came before me this. .day or. ". ., 19. ....., .. President and. ... ...... .. Secretary lss. of tk above named corporation, w me known w be such persona and ofiscn who uccurcd the foregolng In*tntmcnt and acknowledged purposes therein contained. that they executed the %me as such officers. by its authority. for the THIB INSTRYHENT WA8 DRAFTED B" (SEAL) Jean K, Marenda . i. 0 N". 2 CiIC 1 113671 COP JONAL USE GRANT .~ L. .c Number. .8..7 Cecs. b2 21. 61.31. 60.74 and 1997 wi$ Stars. ....................... Waukesha .County, \I/isconsin, in regard to Premises at. w183. .?.81!.0. .?aC.in~.~ Av.enue. ........... in 'Township .... -5.. .... Nosth, tkqe ..... .2.0. .East,. .... Nauke.:sha. .... .County, State of Wisconsin. further described as follows: Part of the southeast 114 northwest 114 of Section 16, Town 5 Wisconsin, described as follows: Commencing at the southeast North, Range 20 East, City of Muskego, Waukesha County, corner of the Municipal Police Department building and creating an area 50 feet by 100 feet east and parallel to said building. WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to State Statute, may be ap;)roved by the municipality as a Conditional Use Grant in particular circumstances as dehed by the standards provide that the premises may not be used of right for the purpose hereinafter described but that upon petition such use in the Zoning Ordinance; and Petition thereforc having been made, and public hcarin:: hcld thereon, and the. .P.l.a~~Commis.s.ian IAcrinE UdY) of the. .... ..c.ity ...... of ..... JhS.k.eg0 ............ ............. .having determined that by reason of the of such use upon the terms and conditions hereinafter prescribed would Le 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: city, \'illagc. T0ou.n. Counry) the Premises may be used for the purpose of. ...!3XC.L.i!Jg. .a. .l.% .... f.L .t. el.e.VfS.i.On ... t.0.We.r. .................. Now, therefore. IT IS GRANTED, subject to conlpliance with the terms and conditions hereinafter stated, that GRANTED by action of theplan. ;.amiS.S.i.Q.nof the. ... c.itJ! ...... of ..... .~!U.Sk.ego. ... ':. '~1~ .. .;F&4%* T~~I~ S..-CJ ... .Mayor.. .J?~z:e. .:... (ieal) ......................... ................................................................................. ...... the. .19.th. .... day of ..... .D.C.ther ........... ...., 19..8?. (City, Vdlage. Town. Gunryl Attest: ... (Mayor. I'residenr. Cho~mian) T~CI~... .. Cit~ .Cl.erk. ..... (Ciry, Vi1 age. Town. Caunry) Clerk Original filed in the oliice of the~.Plan..Connliss.i.an. .of the ... .c.iC.p.. ..... of. .... .H.U.SkegO. n 11 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 acceptance appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is made within..~.z.. .months ?. Tllis Gant shall be void unless proper application, pursuant to the building and zoning codes of the municipality, for of the date hereof. 3. This Grant is subject to amcndment and termination in accordance with the provisions of Lhe Zoning Codc or 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, whlch lease shall contaln provlslons for posting of the pertinent condlcions to notlfy 5. Any of the conditions of this Grant which would normally be the rerrponsibility of tenapts of the premises shall be made employees thercof. .Il"l,.l* ,,,* .I,.."ll, 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 attachcd 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 plant types, size, spacing); g. Pedcstrisn welkweya, terracer, malls (location and deaign) h. Signs (free standing) location, size, design (including lighting). i. Exterior Lighting of the Site. location design and power: j. Other. Subject to the removal of the existing tow er Receipt of a True Copy of this instrument on behalf of the petitioner acknowledged the. .1.¶...~ .day of. .Clrtob.er. .~. ., 19..82 ? hlote: Where the conditions are shown on maps, drawims, photographs, or similar atmchents. Enter: "See Exhibit, i/ "