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CUG231 Werks Autosport 20250507L01 231 Conditional Use Grant 4815130 REGISTER OF DEEDS WAUKESHA COUNTY, WI Document Number Document Title RECORDED ON April 30 2025 09:32 AM James R 6ehrend Register of Deeds 6 PGS Please see attached TOTAL FEE: $30.00 TRANS FEE:$0.00 A parcel of land located in Section 16, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, Tax Key No. 2223.994.004 Book Page IWI�IRNIII�I�llll�i�l cording Area me and Return Address: ity of Muskego ttn: Planning Department O. Box 749 uskego, WI 53150 2223.994.004 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 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. 231 Acceptance of Conditions of Conditional Use Grnant. THIS COVENANT, Made this 9 "—day of IJYR k L , 2025 By Chris Lowson, 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: NO. S SPACE RESERVED FOR RECORDING DATA FAX KEY NO. 04 01063 Attn: Planning Department City of Muskego W182 S8200 Racine Ave Muskego, WI 53150 A parcel of land located in the SW '114 of Section 16, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, known as Tax Key No. 2223.994.004. 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 231 was issued under date of April 2, 2025 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 auto sales and auto service in an existing multi -tenant building located in the Muskego Business Park. In Witness Whereof, Grantors have hereunto set their hands and seals this ( d of AnrJ 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 INSTRUMENT WAS DRAFTED BY AN d ►- 6 �� (SEAL) --------- ---------- (SEAL; 2025. Chris Lowson (print name) STATE OF WISCONSIN) )SS WAUK SHA CO, TY)9 Personally came before me this[May oft*/� (�� 2025, the above named G1f �jto me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, State of WiN", ra I My Commission expi ar-u< J cl�� T'i� ------------------------- •-E� ------ �?rfy��-_Tj 9A STATE OF WISCONN� WAUKESHA COUNTY) >r ally came before me this day of , 2025, 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 231 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 W184 S8365 Challenger Drive in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin, further described as follows: A parcel of land located in Section 16, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, Tax Key No 2223.994.004. 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 "auto sales and auto service in an existing multi -tenant building located in the Muskego Business Park. GRANTED by action of the Plan Commission of the City of Muskego the 2nd day of Apri4,Mg!n��,, Attest: - ---- -- --- -- --- '- Richard Petfal r-------------- ----_* nn � --- - --- -- - ------------------------------ Title Mayor Kerri Roller r(Mayor, President Chairman) a ' Title Clerk °O`°`�UKES�P\�` (City, Village, Town County) Clerk City ��1�11I111111�``\ Original filed in the office of the Plan Conymissio of City of Muskego. Signed: of AQ'MJ fiat 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. 018-2025 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. 018-2025 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: S. Conditions on the Site See attached Resolution #P.C. 018-2025 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 the 11.V-W— day of L_, 2025. ---------------------- ------------------------ 17 & Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit A ." EXHIBIT RESOLUTION #P.C. 018-2025 APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT AND CONDITIONAL USE GRANT FOR WERKS AUTOSPORT LOCATED IN THE SW Y4 OF SECTION 16 (W184 S8365 CHALLENGER DRIVE / TAX KEY NO. 2223.994.004) WHEREAS, A submittal was received from Werks Autosport for a Building, Site and Operation (BSO) Plan Amendment and Conditional Use Grant (CUG) located at W184 S8365 Challenger Drive / Tax Key No. 2223.994.004, and WHEREAS, The M-2 General Industrial District allows for automobile sales and/or service as a Conditional Use Grant and WHEREAS, The petitioner's request includes auto service/repair and auto sales, and WHEREAS, The 2020 Comprehensive Plan identifies this area as industrial uses and the proposal is consistent with the Plan, and WHEREAS, The petition is for moving a business into an existing multi -tenant building in the industrial park, and WHEREAS, The business will operate as an auto maintenance, repair and sales facility, and WHEREAS, The inside of the building will include a front lobby, office assembly room, an auto display area for six vehicles and four service lifts, WHEREAS, There is no site or building changes or improvements proposed with the new business moving in, and WHEREAS. On the outside of the building there are three spaces along Challenger Drive with autos for sale and six spaces in front of the building for customer parking, and WHEREAS, Eight spaces are available in the back of the building for vehicle service staging. THEREFORE BE IT RESOLVED, The Plan Commission approves of a Building, Site and Operation Plan and Conditional Use Grant for Werks Autosport at W184 S8365 Challenger Drive / Tax Key No. 2223.994.004. BE IT FURTHER RESOLVED, That no outside storage of any parts or equipment are allowed at any time. BE IT FURTHER RESOLVED, That any future building, site or use modifications may require separate Plan Commission review. BE IT FURTHER RESOLVED, All loading and unloading of the vehicles will take place near the rear of the business. BE IT FURTHER RESOLVED, No junked, wrecked, damaged, unrepairable or inoperable vehicles are allowed to be stored on -site. BE IT FURTHER RESOLVED, Any building or site signage (temporary or permanent) will require further review and approvals. BE IT FURTHER RESOLVED, A yearly annual review will be required to ensure all conditions of Approval from this Resolution are being adhered to. BE IT FURTHER RESOLVED, A copy of said plans must 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, A Business Registration and Reserve Capacity Assessment (RCA) Survey must be completed prior to the business opening. BE IT FURTHER RESOLVED, 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 2, 2025 Denied: Deferred: Introduced: April 2, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager