CUG 223 Recorded Fleet Farm 20230404223 Conditional Use Grant
4712635
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
Document Number Document Title RECORDED ON
March 21 2023 10:38 AM
James R 6ehrend
Register of Deeds
5 PGS
Please see attached TOTAL FEE:$30.00
TRANS FEE: 0.00
A parcel of land located in Section 5, Town 5 North, Book Page -
Range 20 East, City of Muskego, Waukesha County, Wisconsin, II II III II I II II I I II
Tax Key No. 2177.996
Recording Area
Vame and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2177.996
Parcel Identification Number (PIN)
VUb
30
�L
This information must be completed by submitter: document title, name & return address, and PIN (if required). Other information such
as the granting clauses, legal description, etc. may be placed on this first page of the document or may be placed on additional pages of the
document. Note: Use of this cover page adds one page to your document and $2.00 to the recording fee. Wisconsin Statutes, 59.517. W RDA 2/96
No. CUG 2 (1967) Conditional Use Grant Grant No. 223
DOCUMENT NO.
Acceptance of Conditions of Conditional Use Grant.
THIS COVENANT, Made this j�&y of FzNW� 2022
By Frank Steeves, Fleet Farm, Grantor, for the use and benefit of all persons from
time to time resident or owning property within the boundaries of the City of
Muskego, Waukesha County, Wisconsin, and for the use and benefit of the said
City of Muskego in its own right and as agent for the purpose of enforcing these
presents on behalf of the above described class of person, Grantees.
The premises affected by these presents (hereinafter called the Premises) are
the following described lands in Township 5 North. Range 20 East, in the County
of Waukesha and State of Wisconsin, to -wit:
THIS SPACE RESERVED FOR RECORDING DATA
TAX KEY NO.
2177.996
t-: l u" TO:
Attn: Planning Department
City of Muskego
W 18 2 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the NE % of Section 5, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2177.996.
Grantors warrant and covenant that at the time of the ensealing and delivery of these presents they are all of the owners of
the Premises and that no other person has any estate or interest therein except by reason of easements for public utilities, building
restriction, dedications to the public or public bodies, instruments not of record, and mortgages to bans, savings and loan
association or insurance companies.
Grantors represent that petition on their behalf was made to the City of Muskego pursuant to the Zoning Code of the said
City of Muskego, for grant of permission to erect and/or 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 and agreements as to the site, building
and operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditional agreements as to site,
building and operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditional Use Grant No
223 was issued under date of April 7, 2022 and that a true copy thereof is on file with the Plan Commission of the City of
Muskego.
NOW, THEREFORE, Grantor hereby accept the said Conditional Use Grant and covenant strictly to comply with all of
the terms and conditions thereof. This covenant shall run with the land and shall be binding on the Grantors and all person claiming
any estate of interest in the Premises by, through or under the Grantors, as long as the said Premises are used as described in the
Conditional Use Grant for the purpose of allowing a gas station and auto service center in the B-3 General Business Zoning
District. - V
In Witness Whereof, Grantors have hereunto set their hands and seals this day of 2021.�
SIGNED AND SEALED IN PRESENCE OF
CORPORATION
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before
me this day of 12012. President
and Secretary of the above name corporation
to me known to be such persons and officers who executed
foregoing instrument and acknowledged that they executed
same as such officers, by its authority, for the purposes
contained.
THIS INgrENT^WAS DRAFTED BY
P'j1� (SEAL)
-------------(SEAL)
Frank Steeves, Fleet Farm
STATE OF WISCONSIN)
C)LACi_,CgU,�l ic_ )SS
WTI CtOUNTY) Personally came before me
this'-7 day of _fQ9 , 202:5 the above named foregoing
r tnLSt r to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
-----------------------6:1
ota Public, State of Wisco sin
My Commission expires Pl)
---------(SEAL)
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before me
this day of , 2022, the above named foregoing
to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
Notary Public, State of Wisconsin
My Commission expires
(Section 59.51 (1) of the Wisconsin Statutes provides that all instruments to be recorded shall have plainly printed or typewritten theron the names of the grantors, grantees , witnesses and notary.
Section 59.513 similarly requires that the name of the person who, or governmental agency which, drafted such instrument, shall be printed, typewritten, stamped or written theron in a legible
No. Z CUG 1 (1967) CONDITIONAL USE GRANT Grant Number 223
Secs. 62.23, 61.35, 60.74 and 59.97 Wis. Stats.
Before the Plan Commission of the City of Muskego, Waukesha County, Wisconsin, in regards to Premises
at W195 S6460 Racine Avenue in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
further described as follows:
A parcel of land located in Section 5, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2177.996.
WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to
State Statute, provide that the premises may not be used of right for the purpose hereinafter described but that
upon petition such use may be approved by the municipality as a Conditional Use 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 Plan Commission of the
City of Muskego 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 terms 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 may be used as described in the Conditional Use Grant for the purpose of allowing a
gas station and auto service center in the B-3 General Business Zoning District.
GRANTED by action of the Plan Commission of th®Richard
ske o the 7tl' day of April 2022.
.�L
Attest: (Seal)
als ', Jr. ``0F 111M1� !'!''
---�oller
------� -- -I Title Mayor y
-------
K�.............� •� ,��,����
(Mayor, President, Chainnan) (J C
Title Clerk = i f GpFtPO��� •:•�
(City, Village, Town County) Clerk '. � '
•i 1
Original filed in the office of the Plan Co PV(
ity of Muskego'i`�C%KES�P.��`���`
11/111I1111Wt N\
Signed:
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.
2. This Grant shall be void unless 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 N/A 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.
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 shall contain provisions for posting of the pertinent
conditions to notify employees thereof.
NIEDECKEN 467N MILWAUKEE
(OVER)
6. Conditions on the Operations See attached Resolution #P.C. 025-2022
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 See attached Resolution #P.C. 025-2022
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:
18. Conditions on the Site See attached Resolution #P.C. 025-2022
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. Finish topography and building grades, retaining walls, storm water run-off:
f. 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 the Site, location design and power:
j. Other:
Receipt of a True Copy of this instrument on behalf of the
petitioner acknowledged t e day of i'� `l, 202/3
----------------------------- -
- -----------------------------
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit "
RESOLUTION #P.C. 025-2022
APPROVAL OF A CONDITIONAL USE GRANT FOR FLEET FARM
LOCATED SOUTHEAST CORNER OF RACINE AVENUE AND COLLEGE AVENUE
(TAX KEY 2177.996)
WHEREAS, A request was submitted by Frank Steeves of Fleet Farm for a Conditional Use Grant
(CUG) for the purpose of allowing a gas station and auto service center within the approved Fleet
Farm development at the southeast corner of Racine Avenue and College Avenue / Tax Key
2177.996, and
WHEREAS, The property is currently zoned B-3 General Business District, and gas station and
auto service center uses are a permitted use by Conditional Use Grant, and
WHEREAS, A Public Hearing was scheduled for April 7, 2022, and
WHEREAS, A Building, Site and Operation (BSO) Plan was approved by the Plan Commission at
the regularly scheduled meeting on March 1, 2022 via Amended Resolution PC 023-2022, and
WHEREAS, As part of the BSO approval the Plan Commission discussed and approved the
structures, architecture, colors, site layout, and business operations including deliveries and the
overall retail use of the site.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant for a gasoline service station and service establishment for automobiles within the Fleet
Farm development located at the southeast corner of Racine Avenue and College Avenue / Tax
Key 2177.996.
BE IT FURTHER RESOLVED, That all conditions of approval from Amended Resolution PC 023-
2022 remain in effect.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file and that all aspects of this
plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted: April 7, 2022
Defeated:
Deferred:
Introduced: April 7, 2022
ATTEST: Adam Trzebiatowski AICP, Planning Manager