CCR1992152COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #152-92
APPROVE TRANSFER OF BIG MUSKEGO LAKE DAM
WHEREAS, the City of Muskego and the Wisconsin Department of
Natural Resources entered into a Memorandum of Understanding
relating to the repair and transfer of the Big Muskego Lake Dam
in Resolution #219-86; and
WHEREAS, the required quit claim deeds have been obtained and
the final repairs are scheduled; and
WHEREAS, the City is prepared to accept transfer of the dam.
NOW, THEREFORE, BE IT RESOLVED that the Common Council Of the
City of Muskego does hereby accept transfer of the Big Muskego
Lake Dam and assume future responsibility for operation and
maintenance of the dam.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to
sign the attached transfer documents in the name of the City,
subject to review by the City Attorney. a
DATED THIS DAY OF , 1992.
SPONSORED BY:
Mayor Wayne G. Salentine
This is to certify that this is a true and accurate copy of
Resolution #152-92 which was adopted by the Common Council of
the City of Muskego.
- 6/92cac
City Clerk
Deferred 06/09/92
Deferred 06/23/92
\ COUNCIL - CITY OF MUSKEGO
RESOLUTION #152-92
WHEREAS, the and the Wisconsin Department of
Natural a Memorandum of Understanding of the Big Muskego Lake Dam
in Resolution #219-86; and
have been obtained and
of the dam.
maintenance of the dam.
subject to review by the City Attorney.
DATED THIS DAY OF
Salentine
\
This is to certify that this is a true and accurate copy of
Resolution #152-92 which was adopted by the Common ouncil of
the City of Muskego. a
6/92cac
City Clerk
OEZARTMENT OF NATURAL RESOURCES
BOX 7921
. STATE OF WISCONSIN
, MAOISON. WISCONSIN 53707
OF OWNER OF DAM
See page 1 (attached)
STREET OR ROUTE
See paqe 1 (attached)
See Paqe 1 (attached)
Muskeqo Lake Dam
CITY, STATE. ZIP CODE
NAME OF DAM
TOWNSHIP
DAM OWNERSHIP TRAhSF.ER APPLICATION
(Sectim 31 .IB,Wi? Is.)
FORM 3500-13
REV. 7.76
NAME OF STREAM
See pages 2 and 3 (attached)
REASONS FOR PROPOSEOTRANSFER:
1. To end longstanding confusion and controversy concerning who the owners of this
dam is and who is responsible for its maintenance and operation.
0
2. The City of Muskego (after transfer) will assume future responsibility for
operation and maintenance of the dam.
APPLICANT'S SIGNATURE
, see page 1 (attached)
DATE
NAME OF NEW OWNER
City of Muskego
STREET OR ROUTE
W182 S8200 Racine Avenue
CITY. STATE. ZIP CODE
SIGNATURE OF NEW OWNER DATE
Descriution of Land: Page 2
Parcel A:
All that part of the Northeast 114 of Section 33, Town 5 North, Range 20 East,
City of Muskego, County of Waukesha, State of Wisconsin, bounded and described
as follows:
Commencing at the Southeast corner of the Northeast 114 of Section 33; thence
South 87' 51' 54" West along the South line of said Northeast one-quarter
700.94 feet to a point on the centerline of the Muskego Canal by C.S.M. No.
4524; thence North 23' 22' 49" East along said centerline 686.31 feet to the
point of beginning of the Parcel hereinafter described; thence North 69' 55'
15" Weet 40.06 feet; thence North 20' 04' 45" Eaet 40.00 feet; thence South
69' 55' 15" East 86.00 feet; thence South 20' 04' 45" West 40.00 feet; thence
North 69' 55' 15" West 45.94 feet to the point of beginning. EXCEPT those
land6 lying Easterly of the ordinary high water mark of the Westerly Shore of
the Muskego Canal and Big Muskego Lake.
0
Parcel B
All that part of the Northeast 114 of Section 33, Town 5 North, Range 20 East,
City of Muskego, County of Waukesha, state of Wisconsin, bounded and described
as follows:
Commencing at the Southeast corner of the Northeast 114 of Section 33; thence
South 87' 51' 54" West along the South line of said Northeast one-quarter
Page 3
700.94 feet to a point on the centerline of the Muskego Canal by C.S.M. No.
4524; thence North 23' 22' 49" East along said centerline 686.31 feet to the
point of beginning of the Parcel hereinafter described; thence North 69' 55'
15" West 40.06 feet; thence North 20' 04' 45" East 40.00 feet; thence South
69' 55' 15" East 86.00 feet; thence South 20' 04' 45" West 40.00 feet; thence
North 69' 55' 15" West 45.94 feet to the point of beginning. EXCEPT those
lands lying Westerly of the ordinary high water mark of the Easterly Shore of
the Muskego Canal and Big Muskego Lake. Said premise6 being a part of
Certified Survey Map No. 4524, recorded May 25, 1984 in Volume 36 of Certified
Survey Maps on Pages 136, 137 and 138 a8 Document No. 1258337, and all lands
comprising the privately-owned boat landing lying easterly of the easterly
boundary of this description.
As a material consideration for thi6 conveyance, all activities on the quit-
claimed property shall be restricted to the operation, maintenance, removal
and replacement of the dam and shall not in any way interfere with the use of
the boat landing.
AGREEMENT OF TRANSFER
OWNERSHIP TRANSFER OF THE BIG MUSKEG0 LAKE DAM between the State
of Wisconsin's interest and the City of Muskego is contingent on
the performance of concrete repairs currently needed on the dam
by the Department of Natural Resources (DNR). The repairs
currently needed have been jointly determined by DNR and City
engineers. The work is to be performed by a qualified contractor
skilled in such work who will be reimbursed by the DNR. It is
understood by the parties that this repair work cannot be
completed under current water conditions but will be completed at
the earliest possible date. Signing of this Agreement
constitutes acceptance of the Dam Transfer by the City of
Muskego, subject to the completion of this work.
The City of Muskego agrees that the DNR shall not be responsible
for the maintenance, operation or performance of the dam
following the repairs of the concrete outlined above and the
completion of the transfer.
Signed this day of , 1992.
0 Natural Resources
Wayne Salentine, Mayor
City of Muskego