CCR2004201.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #201-2004
APPROVAL OF REVOCABLE OCCUPANCY PERMIT
Sowinski - Lake Lot Access #13
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Public Works Committee, does hereby approve the attached
Revocable Occupancy Permit for Jareth Sowinski for retaining wall encroachment on
Lake Lot Access #13.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the document in the name of the City.
DATED THIS DAY OF 23rd November ,2004.
SPONSORED BY
PUBLIC WORKS COMMITTEE
Ald. Chris Buckmaster
Ald. Nancy Salentine
Ald. Neil Borgman
This is to certify that this is a true and accurate copy of Resolution #201-2004 which
was adopted by the Common Council of the City of Muskego.
11/2004jmb
Document Number
REVOCABLE OCCUPANCY PERMIT
Exempt from fee: s.77.25(12) Wis. Stats.
. A6035 (DT1551) 98
ccupant Name and Address:
Jareth Sowinski
S.74 W.17426 Lake Drive
Muskego, WI 53150
Agency Name and Address:
City of Muskego
P.O. Box 749
Muskego, WI 53150
Highway
Michi Drive Extension This space is reserved for recording data
Return to
Municipality
City of Muskego
Sean E. McMullen
P.O. Box 749
Muskego, WI 53150
City of Muskego Parcel Identification Number/Tax Key
Number
MSKC 2193-979
Encroachment Location:
Lake lot Access 13 (Mskc 2193-979), being a part of the Northeast 1/4 of
8ection 9, Town 5 North, Range 20 East, being an extension of Michi Drive 30 feet in width.
Encroachment Description:
Retaining wall encroachment into Lake lot access 13.
Bounded and described as follows: Commencing at the Southeast comer of said Lake Lot access 13; thence N 14033'00" W along the
East line of said lot 28.06 feet, to the point of beginning; thence S 74056' 19" W 1.35 feet; thence N ] 5003'4]" W 27.07 feet; thence N
74056'] 9" E 1.60 feet, to said East lot line; thence S 14033'00" E along said East line 27.08 feet, to the point of beginning.
The use and occupancy of road right of way under this permit is conditioned upon the Occupant's compliance with
these provisions:
1. This permit only authorizes the described encroachment to remain temporarily within the Lake lot access
13(extension of Michi Drive) right of way by up to 1.60' feet, however, if the described encroachment is
damaged from any cause whatsoever, to the extent that repair costs would be equal to or greater than 50% of
the assessed or estimated value of the described encroachment at the time of said occurrence, then it cannot
be repaired, re-erected and/or replaced anywhere within the existing road right of way.
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2. In the event that the City of Muskego deems it necessary to revoke this permit on the basis of a need to
expand capacity or improve safety, the City of Muskego reserves the right to give notice regarding the
removal of the described encroachment. The City of Muskego may terminate this permit upon (30) days
written notice to the Occupant. The Occupant shall remove the described encroachment maintained under
this permit within the time specified in the notice.
If the City of Muskego determines that the installation or use of the described encroachment authorized
under this permit increases the difficulty of road maintenance, creates conditions adverse to the best
interest of the highway users, the general public, or presents a threat to road safety, then the
Occupant, upon notification by the City of Muskego shall promptly remove the encroachment from the road
right of way
Failure by the Occupant to comply with the provisions of this permit is cause for the City of Muskego to
terminate this permit and to require the Occupant to take immediate action to clear the right of way to a
safe condition.
3.
4.
5. Issuance of this permit shall not be construed as a waiver of the occupant's obligation to comply with
any more restrictive requirements imposed by local ordinance.
Encroachment area is to be used for open/green space only.
including, but not limited to materials, equipment,
Furthermore, within 15 days of approval, asphalt parking and driveway areas shall be removed from within
3 feet of the property line, and said area shall be restored and maintained in a vegetative cover.
6. Storage of any kind, will not be permitted,
vehicles, recreational vehicles, boats.
(Signature) (Signature)
(TÜle) (TÜle)
(Print Name) (Print Name)
(Date) (Date)
State of Wisconsin )
-) ss
County)
On the above date, this instrument was acknowledged
before me by the named person(s)
Mark A. Slocomb (Mayor) Date
(Signature, Notary Public, State of Wisconsin)
(Print or Type Name, Notary Public, State of WIsconsin)
(Date Commission Expires)
Janice Moyer (Clerk/Treasurer)
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Date
this instrument drafted by: Daniel Flamini Parcel No.2193-979 Project: Lake Access 13 Encroachment
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SCALE r- 40'
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PLA T OF SURVEY
LEGAL t:JESCRPT1ON
All that part of the Northeast v., of Section 9, Town 5
North, Range 20 East, Waukesha County. Wisconsin, bounded
and described as follows: .
commencing at the East v., corner of said Section 9,' thence
South along the East line of the Section 109.70 feet to the
center line of Janesvlïle Road formerly known as County
Trunk Highway "A ';. thence S 63"21' Walong said center line
'00" E 674.30 feet; thence N 14"33' W 925.59 feet to the place
~ 1 ßOOOO , I of beginning of the right of way hereinafter described;
20. \ \ thence S 78000' W 15.02 feet; thence N 14"33' W 335.94
rIg feet; thence N 78'00' E 20.00 feet; to a point on the
10 ~ r.P
shore of Little muskego Lake; thence S 18"29' E along said
...... shore 145.87 feet; thence S 14"33' E 190.86 feet; thence S
~ 78'00' W 15.02 feet to place of beginning.
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I HUiEBY comrr THAT I HA~ .svli'~ THE ABC~ DESCli'lBED PROPEIi'TY
AND THA T THE ABCif' MAP IS A Tli'UE Ii'EPRESOITA"ON THE:Ii'EOF' AND
SHOWS THE SIZE: AND LoeA"ON OF' THE PROFf:Ii'TY. ITS EXTFIi'IOR. THE
LoeA T7ON OF' ALL ~Sl8LE STli'UCTtlIi'ES AND OII.IE:NSlONS OF' ALL PRINCIPAL
BUILOINGS THF:REON. BOUNDAIi'Y ÆNCF:S. APPAli'ENT EASEJlENTS AND
Ii'OAOWA ~ AND ~Sl8LE ENCIi'OACHMENT. IF ANY.
TIllS .svR~ IS MADE: F'OIi' THE EXCLUSI~ use OF' THE Pli'ESCNT Ot+NEli'S OF'
THE PROFf:Ii'TY. AND ALSO THOSE: WHO PUli'CHASE. MOIi'T'GAGE:, 0Ii'
CLIAIi'ANTa: THE mu: THERETO MTHIN ONE (I) !'FAIi' FROM DA 7E: HEli'EOF.
OA 7E:O AT IJUSKE:GO, THIS
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SI(MD~~R. V~ MSCONSIN REGlS7E:Ii'ED LAND .svR~ NO. 248B
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