CCR1990098COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #98-90
APPROVAL OF AMENDED LEGAL DESCRIPTION
CABLE LEASE AGREEMENT
WHEREAS, a request has been submitted to amend the legal
Cable Corporation, now known as Ingersoll Industries, Inc., and
description attached to the Lease Agreement between Ingersoll
the City of Muskego (As Amended) dated March 12, 1985, to
include the location of the tower.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Public Welfare
Committee, does hereby approve the legal description as
attached as Exhibit A as the correct legal description under
the lease referred to above.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to
sign the acknowledgement to said change in legal description as
attached.
DATED THIS 24th DAY OF April , 1990.
PUBLIC WELFARE COMMITTEE
Ald. Patrick A. Patterson
Ald. Wllllam T. Smmons
Ald. Edwin E'. Dumke
ATTEST :
City Clerk
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EXHIBIT A
To
LETTER DATED APRIL 16, 1990
FROM GODFREY h KAHN, S.C.
TO THE CITY OF MUSKEGO
THAT PART OF THE NW 1/4 OF SECTION 16, T 5 N. R 20 E. IN THE CITY
OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS
FOLLOWS :
COMMENCING AT THE NORTHEAST CORNER OF SAID Nh' 1/4 SECTION; THENCE
SOUTH 00' 49' 51' EAST ALONG THE EAST LINE OF SAID 1/4 SECTION
1634.75 FT. TO A POINT; THENCE SOUTH 80' 53' 09' WEST 986.01 Fp.
TO THE POINT OF BEGINNING OF THE LANDS TO BE DESCRIBED; THENCE
SOUTH 30' 59' 03" EAST 237.99 FT. TO A POINT; THENCE SOUTH 59'
00' 57. WEST 55.12 FT. TO A POINT; THENCE NORTH 30' 59' 03' WEST
197.16 FT. TO A POINT; THENCE SOUTH 59' 00' 57" WEST 91.87 FT. TO
A POINT; THENCE NORTH 14' 57' 27' WEST 57.67 FT. TO A POINT;
THENCE SOUTH 88' 53' 09' WEST 58.07 FT. TO A POINT; THENCE NORTH
00' 33' 51' WEST 52-62 FT. TO A POINT; THENCE NORTH 80- 539 09'
EAST 178.48 FT. TO THE POINT OF BEGINNING. CONTAINING 0.5323
ACRES.
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d ,- GODFREY & KAHN. s. c.
April 16, 1990
VIA MESSENGER
Ms. Jean Marenda
City Clerk
Wl82 58200 Racine Avenue
City of Muskego
Muskego, Wisconsin 53150
Dear Ms. Marenda:
Industries, Inc. ("Ingersolla), in connection with the proposed
transfer of its cable television assets to Warner Cable
Communications Inc. (aWarner"). In connection with that
transfer, we have had a survey conducted of the real property
leased by Ingersoll from the City of Muskego pursuant to the
lease evidenced by Section 12.19(17)(b) of Chapter of the
Municipal Code of the City of Muskego, as amended by an agreement
dated March 12, 1985 (collectively, the "Lease"). Upon comple-
tion of the survey, a copy of which is enclosed, it was discov-
was the incorrect legal description covering the real property
ered that the legal description currently included in the Lease
leased by Ingersoll. Accordingly, we have had the surveyor
prepare a revised legal description, a copy of which is attached
to this letter as Exhibit A and which is also included in the
survey. It is our understanding that the City of Muskego has
agreed that the attached legal description will be the correct
legal description under the Lease. Please acknowledge such
agreement by having a duly authorized officer of the City of
Muskego execute this letter in the space provided below and
returning a copy of such executed letter to me in the enclosed
self-addressed envelope.
As we discussed a few days ago, we represent Ingersoll
City of Muskego a Consent to Assignment and Release form which we
As we further discussed, we previously forwarded to the
would like executed in connection with the assignment of the
Lease to Warner. To facilitate such execution, I have enclosed
I Ms. Jean Marenda
I April 16, 1990 Page 2
have a duly authorized representative of the City execute the
another copy for execution. I would appreciate if you could also
enclosed form and return it with a copy of this letter in the
enclosed self-addressed envelope.
Please call if you should have any questions.
Very truly yours,
MTE/kk
Encs.
the legal description attached to this letter as Exhibit A shall
be the correct legal description under the Lease.
The City of Muskego hereby acknowledges and agrees that
CITY OF MUSXEGO
By:
(Title)
Dated: , 1990