CCR1985169AMENDED
RESOLUTION 11169-85
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN
CITY OF MUSKEG0 AND V. AND S. MUMA
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
approve the Agreement between the City of Muskego and Vicky and
Scott Muma as attached hereto and made a part hereof.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute said document in the name of the City.
BE IT FURTHER RESOLVED that this approval is subject to the
approval of the Wisconsin Department of Natural Resources and
the City Engineers.
DATED THIS 23 DAY OF July , 1985. 0 FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. "itchel Penovich
/W+& -
Ald. Ralph Tomczyka"
ATTEST :
City Clerk
7/85
jm
AMENDED
LAND USE PERMIT
FROM CITY OF MUSKEGO TO SCOTT AND VICTORIA MUMA
FOR AND IN CONSIDERATION of the sum of One Hundred and
No/100 ($100.00) Dollars and other good and valuable
consideration to it paid CITY OF MUSKEGO, WISCONSIN, a Municipal
Corporation, Owner, does hereby permit SCOTT AND VICTORIA MUMA,
the right, permission and authority to install, operate and
maintain, subject to plans and specifications approved by the
City of Muskego, and the written approval of the City of Muskego
by the Common Council of the City of Muskego, an underground 8''
drain tile of ASTM F405/AASHTO-M-252 polyethelyne for the purpose
of conveyance of ground water from Lot 149 Lake Meadows
subdivision to the natural creek on the Denoon Park property,
beneath a 30' strip of land, the beginning 30' south of the
Center of the north lot line of Lot 149 thence commencing from
this point a 30' strip of land running From the North lot line of
Lots 11149 and #l50 and parallel to said lot lines extending North
80'27'4'' West 600' to the creek; however, only that portion of
the above that exist on Outlot 111 of The Meadows, being a part of
its premise within the NE 1/4 of Section 31, Township 5 North,
Range 20E, City of Muskego, Waukesha County, Wisconsin.
0
The location of the Land Use Permit with respect to the
premises of Denoon Park is shown on the drawings attached hereto,
marked Exhibit "A" and made a part hereof.
Scott and Victoria Muma covenants and agrees to idemnify and
e save harmless the City of Muskego from any and all claims,
demands and causes or causes of action, loss or damage which may
RD/Land Use Permit/Denoon Park-Muma Page 2
incur by reason of the construction, installation, operation,
repairs and maintenance of the above improvements and all related
or appurtenant equipment on the within described premises;
excepting, however, any loss or damage arising out of negligence
or willful acts on the part of City of Muskego, its successors
and assigns, employees and agents.
The right, permission and authority is also given Scott and
Victoria Muma, to trim and/or remove brush, where in the opinion
of the Mumas, subject to the written approval of the City of
Muskego by the Muskego Parks and Recreation Board, said brush
interferes with the installation or maintenance of such
facilities or present a hazard to such facilities.
The right, permission and authority is also given Scott and
Victoria Muma to cut through the existing walking path in order
to lay the 8" drain tile, with the stipulation that the walking
path be restored to its original condition.
The Mumas and their agents shall have the right to enter the
premises of City of Muskego Denoon Park for the purpose of
exercising the rights herein acquired, but the Mumas shall
promptly restore the premises of Denoon Park to the condition
existing prior to any entry by the Mumas or their agents. The
restoration shall not apply to any brush which may be removed at
any time pursuant to the rights herein granted. The Mumas shall
be liable for making prompt payment for damage, if any, to
vegetation, trail improvements, signs, park improvements and any
other fixtures owned by the City and caused by the acts of the
Mumas, their agents and employees.
. ., RDfLand Use PermitfDenoon Park-Muma Page 3
All notices to the City of Muskego shall be sent by
Certified Mail addressed to the Muskego Parks and Recreation
Board, P. 0. Box 903, Muskego, Wisconsin 53150-0903.
This Land Use Permit shall be binding upon and/or inure to
the benefit of City of Muskego's successors and assigns with all
rights granted to Scott and Victoria Muma and to Scott and
Victoria Muma's successors and assigns. All rights granted to
Scott and Victoria Muma are expressly subject to the terms and
conditions of the Deed conveying title to the above-described
property to City of Muskego, as dedicated to City of Muskego for
Park Purposes as recorded with the Waukesha County Register of
Deeds Office in April of 1979 and to the conditions of the LAWCON
project agreement.
0 IN WITNESS WHEREOF, the said City of Muskego has caused
these presents to be signed by its City Mayor and attested to by
its City Clerk and its corporate seal to be hereunto affixed this
day of , 1985.
IN PRESENCE OF: CITY OF MUSKEG0
By :
Wayne G. Salentine, Mayor
ATTEST:
By :
Charlotte L. Stewart
City Clerk
. RDfLand Use Permit/Denoon Park-Muma
STATE OF WISCONSIN)
WAUKESHA COUNTY )
1 ss
Personally came before me this 23rd I day of July ,
Page 4
198 5.
Wayne G. Salentine and Charlotte L. Stewart, City of Muskego,
known to me to be the Mayor and the City Clerk, City of Muskego,
and acknowledged that they executed the foregoing instrument
pursuant to Resolution No. 169-85 adopted by the Common Council
of the City of Muskego on July 23, 1985.
NOTARY PUBLIC:
My Commission expires:
This Land Permit is accepted by SCOTT AND VICTORIA MUMA by their
signatures this day of , 1985.
BY :
Scott Muma Victoria Muma
Personally came before me this day
of , 1985, the above named Scott and Victoria
Muma, to me known to be the persons who executed the foregoing
instrument and acknowledged the same.
NOTARY PUBLIC:
My Commission expires:
I
::J
I 'L
RES01 XTION #169-85 ,/
i' /'.
/'
/
I
AUTHORIZING EXECUTION OF AGREEMENT..,BETWEEN
CITY OF MUSKEG0 AND V. AND
i
BE IT RESOLVED that the Common Council ok the City of Muskego,
upon the recommendation of the Finance\Committee, does hereby
approve the Agreement between the City of Muskego and Vicky and
Scott Muma as attached hereto and made a part hereof.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute said document in the name of the City.
BE IT FURTHER RESOLVED that thi,s approval is subject to the
approval of the Wisconsin Department of Natural Resources.
/
\
DATED THIS DAY OF /' 9 1985.
/
ATTEST :
jm
I
/ /
/
i /i FINANCE COMMITTEE
I
Ald. Edwin P. Dumke
Ald._Mitchel Penovich
LAND USE PERMIT
FROM CITY OF MUSKEG0 TO SCOTT AND VICTORIA MUMA /
FOR AND IN CONSIDERATION of the sum of One Hundrgd" and
No/100 ($100.00) Dollars and other good and valuable
consideration to it paid CITY OF MUSKEGO, WISCONSIN, a Municipal
Corporation, Owner, does hereby permit SCOTT AND VICTORIA MUMA,
the right, permission and authority to install, operate and
maintain, subject to plans and specifications approved by the
City of Muskego, and the written approval'of the City of Muskego
by the Common Council of the City of Muikego, an underground 8"
,'
i~
thelyne for the purpose
Lake Meadows
noon Park property,
30' south of the
0 49 thence commencing from
g From the North lot line of
id lot lines extending North
ver, only that portion of
The Meadows, being a part of
ion 31, Township 5 North,
County, Wisconsin.
mit with respect to the
he drawings attached hereto,
agrees to idemnify and
and all claims,
e demandand causes or causes of action, loss or damage which may
..
i
e
i
0
0
. RDILand Use PermitfDenoon Park-Muma Page 2
incur by reason of the construction, installation, operation,
repairs and maintenance of the above improvements and all related
or appurtenant equipment on the within described premises;
excepting, however, any loss or damage arising out of negligence
or willful acts on the part of City of Muskego, its successors
and assigns, employees and agents.
The right, permission and authority is also given Scott and
Victoria Muma, to trim andfor remove brush, where in the opinion
of the Mumas, subject to the written approval of the City of
Muskego by the Muskego Parks and Recreation Board, said brush
interferes with the installation or maintenance of such
facilities or present a hazard to such facilities.
The right, permission and authority is also given Scott and
Victoria Muma to cut through the existing walking path in order
to lay the 8" drain tile, with the stipulation that the walking
path be restored to its original condition.
The Mumas and their agents shall have the right to enter the
premises of City of Muskego Denoon Park for the purpose of
exercising the rights herein acquired, but the Mumas shall
promptly restore the premises of Denoon Park to the condition
existing prior to any entry by the Mumas or their agents. The
restoration shall not apply to any brush which may be removed at
any time pursuant to the rights herein granted. The Mumas shall
be liable for making prompt payment for damage, if any, to
vegetation, trail improvements, signs, park improvements and any
other fixtures owned by the City and caused by the acts of the
Mumas, their agents and employees.
". RD/Land Use PermitIDenoon Park-Muma Page 3
All notices to the City of Muskego shall be sent by
Certified Mail addressed to the Muskego Parks and Recreation
Board, E'. 0. Box 903, Muskego, Wisconsin 53150-0903.
This Land Use Permit shall be binding upon and/or inure to
the benefit of City of Muskego's successors and assigns with all
rights granted to Scott and Victoria Muma by this Permit being
transferable. At the time of the sale of this property, the new
landowner must enter into a separate land use permit with the
City of Muskego. All rights granted to Scott and Victoria Muma
are expressly subject to the terms and conditions of the Deed
conveying title to the above-described property to City of
Muskego, as dedicated to City of Muskego for Park Purposes as
recorded with the Waukesha County Register of Deeds Office in
April of 1979 and to the conditions of the LAWCON project
agreement.
This Land Use Permit shall terminate at the end of ninety-
nine (99) years from the date of this agreement unless terminated
earlier by the written mutual consent of both City of Muskego and
Scott and Victoria Muma.
IN WITNESS WHEREOF, the said City of Muskego has caused
these presents to be signed by its City Mayor and attested to by
its City Clerk and its corporate seal to be hereunto affixed this
day of Y 1985.
IN PRESENCE OF: CITY OF MUSKEG0
By :
Wayne G. Salentine, Mayor
_. - RD/Land Use PermitIDenoon Park-Muma Page 4
City Clerk
ATTEST:
By :
Charlotte L. Stewart
STATE OF WISCONSIN)
WAUKESHA COUNTY )
Personally came before me this 23rd day of July , 1985.
Wayne G. Salentine and Charlotte L. Stewart, City of Muskego,
known to me to be the Mayor and the City Clerk, City of Muskego,
and acknowledged that they executed the foregoing instrument
pursuant to Resolution No. 169-85 adopted by the Common Council
of the City of Muskego on July 23, 1985.
1 ss
NOTARY PUBLIC:
My Commission expires:
This Land Permit is accepted by SCOTT AND VICTORIA MUMA by their
signatures this day of 9 1985.
BY :
Scott Muma Victoria Muma
Personally came before me this day
of , 1985, the above named Scott and Victoria
Muma, to me known to be the persons who executed the foregoing
instrument and acknowledged the same.
NOTARY PUBLIC:
My Commission expires: