CUG206-Edgewater HeightsRelates to
rrr rrr. 1) (1047) Conditional Use Grant Grant No.
No.
Acceptance of Conditions of Conditional Use Grant.
THIS CO, NANT, Made this �(P day of , 2016
By [fl , for Edgewater Heights,
LLC
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.
4233869
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
RECORDED ON
September 26, 2016 08:27 API
Tames R Behrend
Register of Deeds
4 PGS
TOTAL FEE:$30.00
TRANS FEE: 0.00
Book Page
l llhl 111IIiYllil'lull
TAX KEY NO.
2241.999
The premises affected by these presents (hereinafter called the Premises) are KE 1 UKN IV:
the following described lands in Township 5 North. Range 20 East, in the County Attu: Planning Department
City of Muskego
of Waukesha and State of Wisconsin, to -wit: W182 S8200 Racine Ave
Muskego, `NI 53150
A parcel of land located in the NE 1/4 of Section 21, Town 5 North, Range 20 East, City of Muskego, Waukesha V,30
u e
County, Wisconsin, known as Tax Key No. 2241.999.
PASKG
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
206 was issued under date of August 2, 2016 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 wetland crossing in an area zoned SW — Shoreland Wetland for a new
city street. SeV%� 2016.
In Witness Whereof, Grantors have hereunto set their hands and seals this day of
1:i7C�� t.r� r.s� tiazicrttTs, Lt_c
SIGNED AND SEALED IN PRESENCE OF --
(SEAL)
—----------- —---
---_____-------- —
MattNeumann �2¢st,�.-�,NL-vn.r•UN Gor/�n.'tcs,
--------- ______l STATE OF WISCONSIN) SO L C
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.
THI TR NT WASDRAFTED BY
1 iDRAF� L V� ''i in (SEAL)
C-
)SS
WAUKESHA COUNTY) Personally came before me
this J day of,V , 2016, the above named foregoing
aye ,.,,?J to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
0utluntu11
'�O'�/t A • ..
re
Notary Public, State of Wisconsip j
My Commission expires ✓ / -7 �
o�,
0 P t W I IS G ��
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 governmemal agency which, dratted such instrument, shall be printed, typewritten, stamped or written theron in a legible
maimer.)
No. Z CUG 1 (1967) CONDITIONAL USE GRANT Grant Number 206
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 S69 W 15651 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 NE 1/4 of Section 21, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2241.999.
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
wetland crossing in an area zoned SW — Shoreland Wetland for a new city street.
GRANTED by action of the Plan Commission of the City of Muskego the 2nd day of August 2016.
Attest:
Sharon Mueller
Title Clerk - Treasurer
(City, village, Town County) Clerk
ous
`et �� ................ Q "
Original filed in the office of the Plan Co mission of the City of Muskegol
Signed:
The CONDITIONS of this Grant are:
Title Aavor
(Mayor, President, Chairman)
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 MMWAUKEE
(OVER)
6. Conditions on the Operations See attached Resolution #P.C. 049-2016
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. 049-2016
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:
8. Conditions on the Site See attached Resolution #P.C. 049-2016
a. Street Access (number, location, design):
b. Off -Street Parking (location and design including screening thereof):
c. Loading and Service Areas (location an 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 the t t day of 2016.
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Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit "
RESOLUTION #P.C. 049-2016
APPROVAL OF A CONDITIONAL USE GRANT FOR NEUMANN COMPANIES INC.
TO ALLOW A WETLAND CROSSING IN THE SHORELAND WETLAND DISTRICT
FOR A NEW ROADWAY LOCATED IN THE NW & NE % OF SECTION 21
(TAX KEY 2241.999 / EDGEWATER HEIGHTS — RACINE AVE. & WOODS RD.)
WHEREAS, On July 13, 2016 a request was submitted by Neumann Companies Inc. for a
Conditional Use Grant to allow a wetland crossing in the SW — Shoreland Wetland District for a
new roadway that is proposed as part of the Edgewater Heights Subdivision along Racine Avenue
and Woods Road (Tax Key No. 2241.999), and
WHEREAS, Said property is currently zoned CPD-6 Edgewater Heights Conservation Planned
Development District and SW Shoreland Wetland District, and said use is a permitted use by
Conditional Use Grant, and
WHEREAS, The SW District states that the construction and maintenance of roadways can be
allowable with a CUG in said district, and
WHEREAS, As part of the plan for the newly proposed Edgewater Heights Subdivision, the
southern roadway, named Edgewater Heights Way, needs to cross a narrow wetland area, and
WHEREAS, The petitioner is working with the DNR to get the required permits for said crossing.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant to allow a wetland crossing for a new roadway located within the Edgewater Heights
Subdivision (Tax Key No. 2241.999).
BE IT FURTHER RESOLVED, The recording of the CUG cannot occur until the City received
proof from the DNR that they are allowing said wetland crossing.
BE IT FURTHER RESOLVED, That the final plat for the subdivision cannot be recorded until the
CUG has been signed and recorded.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Community
Development Department 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: August 2, 2016
Defeated:
Deferred:
Introduced: August 2, 2016
ATTEST: Kellie McMullen, Recording Secretary