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CUG205-Lakepoint205 II Conditional Use Grant Document Number 11 Document Title Please see attached A parcel of land located in the NW'/4 of Section 1, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, Tax Key No. 2162.997.001 4215572 REGISTER OF DEEDS WAUKESHA COUNTY, WI RECORDED ON June 30, 2016 08:18 AM James R Behrend Register of Deeds 4 PGS TOTAL FEE:$$30.00 TRANS FEE 40 .00 Book Illil1lll1�lll ecording Area ame and Return Address: ;ity of Muskego Atn: Planning Department '.O. Box 749 luskego, WI 53150 2162.997.001 Parcel Identification Number (PIN) ,sec. 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. WRDA 2/96 Relates to No. CUG 2 (1967) Conditional Use Grant Grant No. 205 Acceptance of Conditions of Conditional Use Grant. DOCUMENT NO. THIS SPACE RESERVED FOR RECORDING DATA THIS COVENANT, Made this c�] day of �� , 2016 By Brian Hofineister, Lakepoint Church. Grantors, 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. TAX KEY NO. 2162.997.001 The premises affected by these presents (hereinafter called the Premises) are RETURN TO: the following described lands in Township 5 North. Range 20 East, in the County Attn: Planning Department of Waukesha and State of Wisconsin, to -wit: City of Muskego W182 S8200 Racine Ave Muskego, WI 53150 A parcel of land located in the NW '/< of Section 1, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, known as Tax Key No. 2162.997.001. 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 or 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 205 was issued under date of May 5, 2015 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 religious facilities within a portion of the existing building. In Witness Whereof, Grantors have hereunto set their hands and seals this -1 day of , 2016. SIGNED AND SEALED IN PRESENCE OF CORPORATION STATE OF WISCONSIN) )SS WAUKESHA COUNTY) Personally came before me this day of , 2012. 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. MINTHIS TRIVMENT AS DRAFTED BY il , iLL- u n/ ) (SEAL) Brian Hofineister N ®T _N STATE OF WISCONSIN) 4 )SS .4 WAUKESHA COUNTY) Personall b6f e me this �1 day. of, 2016, the ab •riame�o>fe Qf�Gt✓� 404 IM �tt�fnts�known to be the pe r the fore oing instrument and acknowledge ---- - ---- ---- -- - - - -------------------- Ly Notary Public, State of Wiscon in My Commission expires �` (< - 20 1- -------------------------------------------------(SEAL) STATE OF WISCONSIN) )SS WAUKESHA COUNTY) Personally came before me this day of 2016, 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 manner.) No. Z CUG 1 (1967) CONDITIONAL USE GRANT Grant Number 205 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 W137 S6336 Janesville Road in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin, further described as follows: A parcel of land located in the NW 1/4 of Section 1, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, Tax Key No 2162.997.001. 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 religious facilities within a portion of the existing building. GRANTED by action of the Plan Commission of the City of Muskego the 5th day of May 2015. Attest: l --- ---- - --------------- Sharon Mueller Title Clerk - Treasurer City, Village, Town County) Clerk Original filed in the office of the Plan Commission of the City of Muskego: 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. 025-2015 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: 17. Conditions on the Buildings See attached Resolution #P.C. 025-2015 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. 025-2015 a. Street Access (number, location, design): b. Off -Street Parking (location and design including screening thereof): c. Loading and Service Areas (location an design): I 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 acknowled d the JIAAday ofJ'U V`C, 201h. II I Lip �Yri' CIALLU-n Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11