CUG201201
Document Number
Please see attached
Conditional Us_ 3rant
Document Title
A parcel of land located in the NW % of Section 35, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2298.988
4162149
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
RECORDED ON
August 24, 2015 09:14 AM
James R Behrend
Register of Deeds
6 PGS
TOTAL FEE:$30.00
TRANS FEE: 0.00
Book Page
Recording Area
Name and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2298.988
Parcel Identification Number (PIN)
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 he placed on this first page of the document or may he 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. 201
Acceptance of ditions of Conditional Use Grant.
�92015
THIS COVENANT, Made this day ofl
By Mark and Pam Godsell.
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.
DOCUMENT NO.
SPACE RESERVED FOR RECORDI:
TAX KEY NO.
2298.988
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 NE t/4 of Section 2, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2298.988.
)ATA
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
201 was issued under date of August 4, 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 agritourism operations.
In Witness Whereof, Grantors have hereunto set their hands and seals this day of A V Oi/t S'_ , 2015.
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.
THIS,IlejR��UMNWAS )��RAFTED BY (SEAL)
A----��=--s---------------------------------(SEAL)
Mark Godsell
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before me
this _ day of L. 2015, the above named foregoing
to me known to be the persons vjjWgff0jjLed
thg foregoing instrument and achnowledgefta
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Notary Public, State of Wisconsin m At
My Commission expires _C�- 2�d = �41L I G
v�®g Sco
Pam Godsell
STATE OF WISCONSIN)
)SS
WAUIESF A COUNTY Personally came before me
this � day o t(S, 2015, the above named foregoing
to me known to be the persons who executed
the foregoing winstrument strument and �cknowledged the same.
-------- W_
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pYA'Ut ko� e-'I
Notary Public, State of Wisconsin
My Commission expires g
4 4-4
(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,
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 I
....-. \
No. Z CUG 1 (1967); CONDITIONAL USE GRANT Grant Number 201
Secs. 62.23, 61.35, 60.74 and 59.5 . ; is. Stats.
Before the Plan Commission of the City of Muskego, Waukesha County, Wisconsin, in regards to Premises
at S105 W15585 Loomis Drive 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 35, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2298.988.
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
agritourism operations.
GRANTED by action of the Plan Commission of the City of Muskego thy 4th day of August 2015.
Attest:
KathyChiav rotti
Mayor `
SS,�Ei9S61t1lltlf,9 "I,f
---------------------—y------------------------- Title Ma ,, !U.,''�f.
Sharon Mueller (Mayor, President, Chairman)••''••.,0�„
Title Clerk -Treasurer — Q' `i� T4$'
(City, Village, Town County) Clerk
Original filed in the office of the Plan Co mission of the City of Muskego'',.,,�� UK6N�P"
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)
IF6. Cbnditions on the Operations See attached Resolution #P.C. 042-2015
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:
7. Conditions on the Buildings See attached Resolution #P.C. 042-2015
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:
8. Conditions on the Site See attached Resolution #P.C. 042-2015
a. Street Access (number, location, design):
b. Off -Street Parking (location and design including screening thereof):
c. Loading and Service Areas (location an design):
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 �� day of� S 2015.
-------- -- ------------llv�------9—----------
V�<<� e (M����1. (e
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #P.C. 042-2015
APPROVAL OF A CONDITIONAL USE GRANT FOR MARK AND PAM GODSELL
TO ALLOW AGRITOURISM OPERATIONS ON THEIR PROPERTY
LOCATED IN THE NW % OF SECTION 35
(TAX KEY 2298.988 / 5105 W15585 LOOMIS DRIVE)
WHEREAS, On June 26, 2015 a request was submitted by Mark and Pam Godsell for a
Conditional Use Grant to allow agritourism operations at the property located at S105 W15585
Loomis Drive / Tax Key No. 2298.988, and
WHEREAS, Said property is currently zoned A-1 Agricultural District, and said use is a permitted
use by Conditional Use Grant, and
WHEREAS, Their agritourism activities include allowing members of the public to come to their
farm to learn about and experience farming and farming related activities, and
WHEREAS, The activities/events that are offered on this property as part of the agritourism use
are:
• Educational tours, field trips, and birthday parties on the farm
• A Community Supported Agriculture Program (CSA)
• A school classroom hatchery program
• Classes on gardening, sustainability, and chicken keeping in backyards
• Selling pumpkins and inviting people to watch blacksmithing, butter churning, rope
making, broom making, and wool spinning in the fall; This typically occurs in the month of
October for three (3) weekends
• Farm dinners with food raised on the farm, and
WHEREAS, There is parking on -site for over forty (40) vehicles if needed.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant to allow agritourism operations at the property located at S105 W15585 Loomis Drive / Tax
Key No. 2298.988.
BE IT FURTHER RESOLVED, That any future changes, additions, and/or expansions to the uses
on the site must be discussed with planning staff to ensure compliance with their approvals and
depending on what any proposed changes, additions, and/or expansions might be, Plan
Commission re -review may need to occur, including possibly needing an amendment to the CUG
for this property.
BE IT FURTHER RESOLVED, That if any problems and/or complaints arise in the future this item
can be brought back to the Plan Commission for discussion to address any problems at hand.
BE IT FURTHER RESOLVED, Any possible future signage would need a permit and would be
treated the same as roadside stands within the A-1 district, unless other approvals are granted by
the Plan Commission as part of the CUG.
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 4, 2015
Defeated:
Deferred:
Introduced: August 4, 2015
ATTEST: Kellie McMullen, Recording Secretary