CCR19981370 COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #137-98
APPROVAL OF LEASE AGREEMENT WITH KARL THIESENHUSEN
FOR LEASE OF PARK ARTHUR
WHEREAS, Karl Thiesenhusen leased Park Arthur park land in 1997 and wishes to
lease the same property in 1998; and
WHEREAS, The Lease Agreement, as attached, has been reviewed by the Parks and
Recreation Board and the Finance Committee and both entities have recommended
approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Parks and Recommendation Board and the
Finance Committee, does hereby approve of the Lease Agreement with Karl
Thiesenhusen for lease of Park Arthur park land.
BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Lease
Agreement in the name of the City.
BE IT FURTHER RESOLVED That the revenue collected for said lease in the amount
of $750 will be placed in the Park Dedication Account as required by the DNR.
DATED THIS 28TH DAY OF JULY , 1998.
SPONSORED BY:
FINANCE COMMllTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #137-98 which was
adopted by the Common Council of the City of Muskego.
7/98jmb
I I'
0 LEASE
THIS AGREEMENT is made between the City of Muskego Parks and Recreation
Board, Lessor, and Karl Thiesenhusen, Lessee
The property which is the subject of this lease is described as
follows, to-wit:
PARK ARTHUR:
Parcel 1:
Parcel 2:
e "
The Northwest 1/4 of the Northeast 1/4 Section 4, Town 5
North, Range 20 East in the City of Muskego, County of
Waukesha, State of Wisconsin
EXCEPTING THEREFROM Certified Survey Map No. 4239 recorded
October 27, 1982 in Volume 33 of Certified Survey Maps on
pages 248, 249, and 250, as Document No. 1195041.
FURTHER EXCEPTING THEREFROM that part conveyed in Quit Claim
Deed recorded October 29, 1982 on Reel 513, Image 895, as
Document No. 1195365.
That part of the East 1/2 of the Northeast 1/4 Section 4,
Town 5 North, Range 20 East, in the City of Muskego, County
of Waukesha, State of Wisconsin, described as follows:
Beginning at the 1/8 post on the North side of said
Northeast 1/4 of Section 4 and thence running south on the
l/8 line 35 chains and 58 links (2414.28 feet) to the East
and We6t 1/4 line through said Section 4; thence East on
said 1/4 line 7 chain6 and 30 link6 (481.80 feet); thence
North parallel to said l/8 line 36 chains and 58 links
West on said Section line 7 chains and 30 links (481.80
(24.28 feet) to the North line of said Section 4; thence
feet) to the place of beginning. EXCEPTING THEREFROM the
South 950.00 feet of the above described parcel
TOTAL AREA TO BE LEASED IS 46 ACRES AS OUTLINED ON EXHIBIT A, AND
ACCORDING TO THE FOLLOWING FOUR SECTIONAL CONDITIONS:
Section A: No row cropping allowed. City will provide a grass cover
(14 acres) seed that lessee must plant and cut.
Section B: Refer to Special Conditions, Item #3.
(13 acres)
Section C: Row cropping allowed with the exception of 25' grassy
(15 acres) waterway as staked out by the Parks & Recreation Department.
Rent will be $50.00 per acre.
Park Arthur Lease 2
0 1 1 (4 acres)
Section D: Only the cutting of the grassland will be allowed.
Total Acres = 46
RENTAL: The rental of said property shall be for the term of one (1)
year, commencing on the 1st day of January, 1998, and ending the 31at day of
December, 1998, with payment due on that date.
SPECIAL CONDITIONS: (1) Any chemical usage be approved by the Parks
h Recreation Director prior to application.
(2) All erosion control and/or fanning methods as
recommended by the City's soil erosion
inspector be put in place and practiced.
(3) The existing trees and woodland areas are to
be left as is.
LIABILITY INSURANCE: Lessee shall, at his own expense and at all times
during the term of this lease, maintain in force a policy or policies of
insurance, written by one or more responsible insurance carriers, which will
damage to property occurring in or about the demised premises. The
insure Leesor against liability for injury to or death of persons or loss or
liability under such insurance shall not be less than $1,000,000 for any one
person killed or injured, $1,000,000 for any one accident and $1,000,000
property damage. A certificate of insurance to this effect must be on file
with the Parks and Recreation Department prior to entering said property.
RIGHTS AND PRIVILEGES: The Lessor or anyone designated by them shall
1 /and/or the farming methods being used.
have the right of entry at any reasonable time to inspect their property
year, the Lessee shall have the right of entry for the purpose of the mual
harvesting of crops seeded before the termination of the lease in accordance
with normal farm practices, or to sell his interest in such annual crops
whether to the Lessor or to the succeeding Lessee provided the Lessee does
not interfere with normal field operations of the succeeding season.
If this lease is terminated before the end of the normal production
If this lease is terminated before the Lessee shall have obtained the
benefits from any labor or formerly agreed upon expense he incurred in
operating the farm, according to contract or agreement with the Lessor
during the current lease year, the Lessor shall reimburse the Lessee for
such labor or expense. The Lessee shall present, in writing to the Lessor,
his claim for such reimbursement at least thirty (30) days before the
termination of this lease.
If the land is not used for active cropping, a grassy cover crop must
be planted on the land, acceptable to the Parks and Recreation Board. If
the land will be placed in the "set aside program" all N.R.C.S. guidelines
must be followed. 0 ASSIGNMENT: This lease shall not be assigned by the Lessee without the
express written consent of the Parks h Recreation Board.
Park Arthur Lease 3
0 RENKWAL: This lease is not subject to automatic renewal.
Fursuant to Resolution #- passed and approved on bY
the Cormnon Council of the City of Muskego, this lease is hereby executed
this - day of , 1998.
-744 w7-
Lessee
Jerald Hulbert, President
Parks & Recreation Board
David L. De Angelis, Mayor