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CCR1997117COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #117-97 I I I ................................ PROCEEDINGS BY THE COMMON COUNCIL OF THE CITY OF MUSKEGO TO DISCONTINUE AND VACATE A ROAD RIGHT-OF-WAY IN THE CITY OF MUSKEGO. WISCONSIN RESOLUTION BE IT RESOLVED by the Common Council of the City of Muskego, Wisconsin, as follows: That since the public interest requires it, the whole of the Wisconsin, be and is hereby discontinued and vacated as a following described real estate in the City of Muskego, street, to wit: All that part of the Northwest 1/4 and Northeast 1/4 of the Northeast 1/4 of Section 24. Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Northwest corner of said 1/4 section; thence N.87'32'00"E., along the north line of said 1/4 section, 1179.90 feet to a point; thence S.39'58'00"E., 81.32 feet to the point of beginning of the lands to be described; thence continuing S.39°58'00"E., 670.60 feet to a point on the westerly line of North Cape Road; thence N.09°33'08"E., 65.08 feet along said line, to a point; thence N.39°58'00" W., 454.33 feet to a point on the southerly line of relocated Durham Drive; thence Northwesterly 181.17 feet, along the arc of a curve, center lying to the north, with a radius of 1004.93 feet, and with a chord bearing N.55'50'44"W., a chord distance of 180.92 feet to the point of beginning. Containing 27,350 square feet. That the street discontinued and vacated by this Resolution is designated in red on a map hereto annexed, made a part hereof and marked Exhibit "A. I' DATED THIS 27th DAY OF MAY , 1997. 1 ATTEST: AGREEMENT This agreement is made between the Water Bugs Ski Team, Inc. which is a Wisconsin corporation and the City of Muskego. The Water Bugs Ski Team, Inc. are the owners of a pier to be placed at Idle Isle Park (W182 S6666 Hardtke Drive) at a distance of thirty (30) feet from the 5' x 32' pier abutting the boat landing (see Exhibit "A") having a maximum length of thirty (30) feet. The Parks and Recreation Board of the City of Muskego has approved the pier to be placed at the Park between the dates of May 12 through August 28. The Water Bugs Ski Team, Inc. is responsible for the putting in and taking out of the said pier. The owners will allow the City and the public to use this pier at all times that it is not scheduled for exclusive use of the Water Bugs Ski Team, Inc. The Water Bugs Ski Team, Inc. will make four signs, with prior approval of the Parks Director. Two signs will indicate that the swimming area will be closed ten minutes prior to and throughout the practice/show times as posted on the back of the chair tower and at the entrance of the park. The swimming area will be open to public ten minutes after show or practice time unless in the case of a cancelled show or practice. The other two signs will indicate that the pier will be cloaed to public one-half hour prior to and throughout the practice/show times posted at the pier and at the entrance of the park. Pier will be open to public one-half hour after show or practice time unless in the case of a cancelled show or practice. 0 It is agreed that the Water Bugs Ski Team, Inc. is holding the Parks and Recreation Board and Departmental staff, of the City of Muskego, and the City of Muskego, free and harmless from any and all liability and damages that might be incurred by any person using the pier at any time. The City of Muskego, Parks and Recreation Board and Department must be listed on the Water Bugs Ski Team, Inc. insurance as an additional insured. additional insured must be presented to the Parks and Recreation A certificate of insurance listing the City of Muskego as an Board for this agreement to be in effect. It is further agreed that all maintenance and upkeep of said pier will be the sole responsibility of the Water Bugs Ski Team, Inc., and the sign required in Section 9(b) of the usage agreement will be installed with a warning regarding swimming and diving prohibition. It is further agreed that any additional approval of any governmental agency for putting in the pier is the responsibility of the Water Bugs Ski Team, Inc. This agreement is executed on the - day of -, 1997. CITY OF MUSKEGO-PARKS & REC. BOARD e Organization Member ggned this day of n+, 1997