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CCR2004201. . . 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. . . . 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) . Date this instrument drafted by: Daniel Flamini Parcel No.2193-979 Project: Lake Access 13 Encroachment . SCALE r- 40' . 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. \\~. ~, 11 q ~ '(I ~\ ~ \~~ ~ ~ '," ~ (p \\ ~ ~ \ \ ~ \\ \ ~ ~ c~ ~ V' '"'- "- LEGEND 0 FOUND IRON PIPE )( FOUND IRON PIN ~ FOUND BRASS MONUMENT . 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OA 7E:O AT IJUSKE:GO, THIS 2 5'; /lOA Y OF' Ii u ~ u ~ 2O(H , SI(MD~~R. V~ MSCONSIN REGlS7E:Ii'ED LAND .svR~ NO. 248B .