CCR2026.026-Road Dedication Mystic DrCOMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #026-2026
STATUTORY ACCEPTANCE OF ROAD DEDICATION
OVER SMUKOWSKIISCHMIDT PROPERTIES
LOCATED ON MYSTIC DRIVEIMYSTIC COURT
WHEREAS, THIS RESOLUTION pertains to a certain Certified Survey Map (CSM 1353),
prepared by Wisconsin Land Surveyor, Thomas Inman, dated December 8, 1970, depicting
three (3) Lots along with a parcel reserved for a road, hereinafter the ("CSM"); that a copy of the
CSM is attached hereto and made a part of this Resolution; and
WHEREAS, the current owners of the properties, Smukowski and Schmidt, wish to dedicate the
property reserved for a road listed on the CSM over their respective properties to the City of
Muskego; and
WHEREAS, Section 66.1024 of the Wisconsin State Statutes, allows for a reservation to become
a dedication to the City if an executed deed contains language stating that land is reserved for
a future road dedication, in addition to, an acceptance of the dedication by the Common Council,
having jurisdiction thereof, in the form of a Resolution; that the current deed of the Schmidt
property contains road reservation language such that the parties wish to dedicate said land to
the City by means of the State Statute; that a Resolution therefore is required and passed by
the Common Council to achieve dedication of the land in accordance with said State Statute;
that a copy of the Schmidt deed is attached to and made part of this Resolution; and
WHEREAS, the condition of the land that is reserved for a road, is currently a gravel driveway
for access to the southern property, Parcel 2 of CSM 1353, which is not constructed to city
standards, specifications or ordinances; that as such, the reserved land will be dedicated and
accepted by the City under the following restrictions and conditions:
• That all maintenance of the current gravel driveway, despite dedication, is the sole
responsibility of the owners.
• That any additional land divisions or construction/development on Parcel 3 of CSM 1353,
require a full improvement of the road, at the developer's expense, to the conditions,
specifications and ordinances of the City of Muskego and meet all inspections standards
for construction by the City, in its sole discretion.
• That upon any future complete public roadway improvement and approval by the City, the
City will take over all maintenance of the right-of-way, like all other dedicated roads in the
City of Muskego.
• That within a reasonable amount of time but no longer than thirty (30) days of the signing
of this Resolution by the City Clerk, the owners of the properties will execute an
Indemnification and Release of all liability, for bodily injuries and property damage
occurring on the right-of-way, to remain in effect until the City approves of and takes over
maintenance of a fully constructed road in accordance with the terms and conditions
stated herein, in favor of the City and prepared by the City Attorney.
• That all restrictions and conditional stated herein shall run with the lands
Resolution #026-2026
Page 12
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does
hereby accept dedication of the land reserved for a road as depicted on the attached CSM under
the conditions and restrictions as stated herein this Resolution.
DATED THIS 14th DAY OF APRIL 2026.
SPONORED BY:
ALDERMAN BOB HAMMEL
This is to certify that this is a true and accurate copy of Resolution #026-2026 which was
adopted by the Common Council of the City of Muskego.
Kerri Roller, City Clerk