CCR2005045.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #045-2005
APPROVAL OF LEASE ASSIGNMENT AND MODIFICATION AGREEMENT
FOR NAVIGABLE WATERS (BIG MUSKEGO LAKE)
WHEREAS, The City entered into a Lease Agreement for Public Access to Navigable
Waters of Big Muskego Lake with the Richard and Lois Bennett Living Trust on January
22,2002; and
WHEREAS, The terms of the Lease Agreement were assigned to 13960 Boxhorn
Drive, LLC in January, 2004; and
WHEREAS, SJS Real Estate, LLC is now the owner of Parcel 2, which is a portion of
the land that is the subject of the Lease; and
WHEREAS, The parties involved agree that SJS Real Estate, LLC is entitled to an
interest in the Lease because of said property ownership; and
WHEREAS, The Finance Committee has recommended that consent be granted for the
Lessor's assignment of rights under the Lease, subject to the Mayor's approval of the
final form of the Lease Assignment and Consent documents, in consultation with the
City Attorney.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby consent
to the Lessor's assignment of rights under the Lease, subject to the Mayor's approval of
the final form of the Lease Assignment and Consent documents, in consultation with
the City Attorney.
BE IF FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
execute the Consent in the name of the City.
DATED THIS 22nd DAY OF February ,2005
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eric Schroeder
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #045-2005 which
was adopted by the Common Council of the City of Muske o.
2/05jmb
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LEASE ASSIGNMENT AND MODIFICATION AGREEMENT
THIS AGREEMENT entered into this day of
200_, by and between 13960 Boxhorn Drive, LLC, a Wisconsin Limited Liability Company
owned by Richard Schim and Deborah M. Schill, hereinafter referred to as "13960" and the City
of Muske go, hereinafter referred to as "the City"; and SJS Real Estate, LLC, a Wisconsin
Limited Liability Company owned by Stephen T. Silber, and hereinafter referred to as "SJS"; as
hereinafter set forth:
WHEREAS, "13960" is the owner ofa parcel of real estate located at 13960 Boxhom
Drive, Muskego, Wisconsin, legally described as follows:
Parce14 ofCertifÏed Survey Map No. 8153, recorded November 8.
1996, in Volume 71 of Certified Survey Maps on Pages 63-67, as
Document No. 2170841, being a part of the SE 1/4 of the NE 1/4
of Section 23, and part ofthe NE 1/4, NW 1/4, SE 1/4 and SW 1/4
ofthe NW 1/4 of Section 25, T 5 N, R 20 E, in the City of Muske go,
County ofWaukesha, State of Wisconsin.
WHEREAS, "SJS" is the owner of Parcel 2 of real estate located at 13970 Boxhorn
Drive, Muskego, Wisconsin, legally described as follows:
Parcel 2 of Certified Survey Map No. 8153, recorded November 8,
1996, in Volume 71 of Certified Survey Maps on Pages 63-67, as
Document No. 2170841, being a part of the SE 1/4 ofthe NE 1/4
of Section 23, and part of the NE 1/4, NW 1/4, SE 1/4 and SW 1/4
of the NW 1/4 of Section 25, T 5 N, R 20 E, in the City of Muske go,
County of Waukesha, State of Wisconsin.
WHEREAS, "the City" entered into a written Lease on January 22, 2002, (herein as "the
Lease"), a copy of which is attached hereto, conveying a leasehold interest to "the City" over the
Parcels of real estate referred to above. At the time ofthe execution of "the Lease", the real
estate described herein was owned by the Richard G. and Lois A. Bennett Living Trust (herein-
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after "Bennett Family Trust".
WHEREAS, the Lessors' interest in "the Lease" by document dated January 26, 2004, a
copy of which is attached, was duly assigned and transferred by "Bennett Family Trust" to
"13960", the purchaser of the property described above as Parcel 4; and
WHEREAS, the parties hereto now agree that "SJS", the owner of Parcel 2, should be
entitled to a Lessor's interest in "the Lease" in view of the fact that a portion of the land owned
by "SJS" is the subject of "the Lease"; and
NOW THEREFORE, based on the premise as set forth above and based on the mutual
promises herein made, the parties now agree as follows:
1. "The City" shall continue to make rental payments to "13960" as provided in
Paragraph VI.A, entitled "Payment for Use" under the terms of "the Lease". Except, said
Paragraph is hereby amended to provide that any increase in the value of the real property as the
result of "the City" making improvements which result in a tax increase, "the City" shall make a
payment to the respective Lessor equal to the tax increase caused by "the City" improvements on
said Lessor's parcel.
2. The rights, obligations, terms and conditions of "the Lease" which pertain to Parcel 4
owned by "13960" are hereby reconfirmed and assumed by "13960", and shall be kept and
performed by "13960".
3. The rights, obligations, terms and conditions of "the Lease" which pertain to Parcel
2 owned by "SJS", are hereby recognized and assumed by "S.TS", and shall be kept and
performed by "SJS".
4. The rights, obligations, terms and conditions of "the Lease" pertaining to "the City"
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as Lessee are hereby reconfirmed and shall remain in full force and effect for the term of "the
Lease" .
5. The term "Lessor" as used in "the Lease" shall apply to both "13960" and "SJS"
in accordance with their ownership interests in their respective parcels of land.
6. As to Paragraph VII.A, of "the Lease", "13960" shall continue to be obligated to
perform snow plowing as set forth therein, and "SJS" is released from all responsibility under
this paragraph. In addition, "13960" shall continue to plow Parcel 2 owned by "SJS".
This Lease and Modification Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, representatives, successors and assigns, and shall be
a covenant runnillg with the land.
Executed by the parties hereto on the date above first written.
CITY OF MUSKEGO:
By:
Its Mayor
By:
Clerk-Treasurer
STATE OF WISCONSIN )
) SS
W AUKESHA COUNTY)
Personally came before me this day of ,2005, the
above named to me known to be the persons who
executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County
My commission expires:
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13960 BOXHORN DRIVE, LLC
By:
Richard Schim, Member
By:
Deborah M. Schim, Member
STATE OF WISCONSIN )
) SS
W AUKESHA COUNTY)
Personally came before me this day of ,2005, the above
named Richard Schim and Deborah M. Schim to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County
My commission expires:
SJS REAL ESTATE, LLC:
By:
Stephen T. Silber, Member
STATE OF WISCONSIN )
) SS
W AUKESHA COUNTY)
Personally came before me this day of , 2005 the above
named Stephen T. Silber to me known to be the person who executed the foregoing instrument
and acknowledged the same.
Notary Public, Waukesha County
My commission expires:
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This document was drafted by:
Harold B. Stein, Attorney
11512 N. Port Washington Rd.
Suite # 103
Mequon, WI 53092
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LEASE AGREEMENT FOR
PUBLIC ACCESS TO NA VIGAßLE WATERS
This agrcclllclI( is entered into by aJl(I between 'J1le Richard G. and Lois A. Bennett Living
1'I1I5t Dated Oclobcr I II, ) 1)99, Lessor and City of Muskcgo, Lessee; and
\VIIERE^S. the I.cssor and City-Lessee wish to provide adcquate access to the waters of
-!Jjg MUJ>J<~cg!~L<:J~_c_- for p..blic use including boatillg and fishing; and
\VJlEREAS, lauds 11\\'l1ed by the Lessor ill the City of Muske go, County ofWaukesha,
\Visconsin, provides ;\11 (Jl'por(ul1ity for boaters and fishers' seeking access to walers of Big Muskego
Lake; and
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WHEREAS, Lessor \Valiants aml,represellts that it has fee simple legal íii1e töthe Ìai1cls"" ,
which are the suhject malter of this lease free and clear of all liens and encumbrances olher than
recorded easements and I eslridions am] I1lllllicipr.1 and zoning ordinances, and real estate taxes jn
year of closillg.
NO\\' TI ) EREfORE, the Lessor agrees to allow the City-Lessee to operate and maintain å
public access site to Big Muskcgo Lake on the following descrìbed propcliy of the Lessor according
to the following terms amI conditions:
1. l'REtvJJSES
The descrì'plioll and localion of the Big M lIskcgo Lake acceSS site are contained in Exhibits-
A and B
, allnched hereto and made a pari herco f this agreement.
H. USE OF TI IE PREtdlSES
A. The City-I.cssec shall allow the public, pursuant to mles and rcgulations of the Cily-'
Lessee alld all applicable govelllll1cntnl agencies as they may apply from time 10 time, to
use tlte acce~;s sire alld will ChéllgC a fee for boallmll1ching. Such fees shall 1101 exceed
the ke e";\1 gel! fi'l City hoar laullches, unless a higher fee is adoplcd by the Common
Counci I.
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B. The Cily-Lessee shall mainlain the access sile in a neat, sanitary, and usable condition,
. and in compliance wilh all City standards.
C. The City-Lessee shall design and mainlainlhc access sile to provide banier-free and
boaling access for persons with disabililies. All fucilities constructed al the access sitê
dill ing Ihe dreclive pel iod of Ihis agrecmcnt shall he handicap accessible.
D. The Cily-J ,cssce Jlefchy :1grecs tIl:1tthe <lccess sile shall include at a minimum 4
launch J:mc(s) and ----.l-- hoarding dock(s), and Ihat designated parking shall be a
lIIinillllllll of, _2~__- car-trailer p:1rking 5t:1l1s of which at least one is accessible to
persons with disabililies. E:1ch 5t:111 sl\<lll be marked "trailer parking" only.
E. The City-I ,('~;~:cc may post signs and posters along the access site to dclineélte th~ access
site fcn pll"'ic IIse allll infonlJ the public ofhoUis of operation, if restricted, and launch
fees cllalg<.xL
F. The City-/ x':~ce ~:"all nol inler fere, reslrain, or restrict the businesses that share the
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leased arca Ii (1111 1101111;11 operations of their respective businesses as it pertains to the
leased area.
The City-Les~cc will have the exclusive rights to the 25 marked vehicle and trailer
park ing arC:l and the boat or Jaunch area. ^ II other parking spots in the leased area shall
be cQU:llly shared on a first come, first served basis by the City-Lessee and the
businesses 1/1<11 exist and prcsently use the remainder of the Jeasedarea. ,~. ." .
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II is understood hy all parties that the leased area is strictly fi)f ingress or egress and
short-term daily parking. No long-tem1 parking in excess of21 hOtirs or stotage of
vehicles, malerials or any other thing tlmt would reduce area capacity shall be allowed.
The Iullo,villg exceptions can be made upon prï:or agreement with involved parties,
which shall /lp! he IIlI/casOll<1bly withheld: Equipmcnt used for work in progress or
.
lIIatc. ia Is hcillg lIsed for WOI k in progress, i.e.: building plOjects or Jake improvemeht
1)f(1jCctS, i.e.: wced hal vesting, clc.
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Ill. OBLIGATIONS OF TilE CITY-LESSEE
A. The Cily-Lessee slJall consider Ihe acccss silc a public access sitc.
B. The Cily-I.esscc aglccs 10 inilinJly OVCI by ami continually maintain fllcaécess, launch
alld six ((,) sit cd lamps.
C. The t~ilyul{"s~:cc "~Iecs to JHovidc a pOIlahle, handicap accessible toile( serviced on a
/11011111 I Y I'asi~:.
D. The Cily.l.c<;scc a~rccs 10 liJlllish ami service trash receplacles.
E. The Cily- Lessee :1grces to provide heavy cquipmcnl help when SJlowf.'\lJs or huildup of
sllowhallb: csn:nlthe ahility of light SIIOW cquipment capahililics; i.c. a pickup truck
SIIOW plow.
JV. LENGTII OF AI mFFr\IFNT ANJJ RJGIJTS OF EAC/lI'ARTY
A. This agllTIIH"1I1 shall hecome effective when signcd by both pm tics and shall be recorded
ill Ihe \Va\lb,~~h;1 Cotlnty Office of the Register of Deeds. This agrcçrncnl shall remain in
dTce! fi,r a pCI ill!! of __20- years and may be modified or rencwed upon wri!(en
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agreclI1cllt ed' bolh pal lies.
V. GENERAL J'ROVISI(>NS
A. This agrccmenl shall not be assigned or otherwise transferred withoulthe prior wriHeE
consenl oflltc olher pmly, which shaH not be unreasonahly withheld.
B. The City-Lessee shall have sole control ofthe method, hours worked, and time and
lJIalllJcr or ;lIJY pcr((mnallce under this ngrccmcnt other than as specifically provided
hcrcin. The Lcssor reserves the right only to inspcc1the premises for the sole purpose of
ensming fI,;,llhe pcrf(mnance is progressing or has becn completed within compliance
o[the agreelllcnt. The Cily-Lcssce asslllnes no responsibility for supervision or direction
() r t he per Ii 11I1I;II1CC () r Ihe agl CC/JICllt to hc perfi)J mct! by rhe Lessor or Ihe Lessor's
cmployecs PI ;1W'lIls. The Cily-Lessee fill thcr ;lgrees III:1t jt will exercise no control over
'he .<:c!ClliPII ;1I1f1 dismissal pflllc I.cssen's cmployees or agents.
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C. Tile Lessor aglces 10 save, kcC'p h;lIJHless, defend, and indemnify Ihe Cily-Lessee and all
. its officers, cmployees, {lml agcllts againsl any and "lIli"hilily claims, and costs
whalever kind ami mllure, for injury 10 or tlc:1lh of any person or persons; and for Joss or
dam<lge 10 ;IIIY propelty occulTing in conncclion wilh or in <IllY way incident to or arising
oul (1(" the L(:s$('r's occupancy, \1se, service, opel alioll, or performance of work in
connection \Vilh Ihis agreement. The Lessor shall be responsible for obtaining jhstitá.ríee
ftlr <lny improvements or slructures Jocated on Ihe suhject propcrty pJaced and used by
Lessor-
The Cily-I ,csscc agrees 10 save, keep harmless, defend, and indemnify the Lessor and all
ils offin.'ls. employees, and agenls againsl allY and alliiabi)ity claims, and costs
whalever Lind :llHlllatlllc, for injury to or death of any person or persons, ahd for Joss or
dmllage III all)' (I[('pclly occUlring in COIlI1cctioli wilh or in Clny wClY incident to or adsing
. oul ()rthe t ïtyLessce's occupancy, use, service, operation, or performance of work in
cOllncction wilh Ilti~ agreement The City-Lessee shall be responsiule for obtaining
inSlllallCC lì)1 allY ilJlprovemcnts or structures located on the subject property placed and
usee! hy Cil y-Lessec.
Each p:1lly will carry public liability insurance including protection for bodily injury and
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j1wprrty damage ill an amount of not less than $J ,000,000 per occurrence. A Certificate
~lSUJaI}CC naming the City-Lessee as alJ additional insured shall.ue~vt1o IheÆ~!!Y- . ,.~.
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Lessee on the City's approved form providing for wrilten notice to the City-Lessee 30
days in advance of full or p:ulial callcell<1tion.
D. 11 is understood hy all parlies, the Ci ty- Lessee and the Lessor, Ihatthis lease of thê area
is a shill ed use lease for ingress & egress and parking on the described area. Neither
pall y elll dislllpt, reS!1 ic( or dCIIY fiee described use of this mea.
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VI. PA YivJENT FOR! ISE
A. The City-Lessee <1grecs to pay the amount of $2000 for all due consideration arid
use of Ihe leased j'wpc.ly during the first yearofthe lease. The amount.wíll increase by.
. ':: .Ü:; ~fi-
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- (If the 111 ipr ycm's lease amount yemly cc,mmcllcing with the second year of thë
!c;JSC e;wh year unless olhel wise negotiated by the pal ties. If City-Lessee causes
illlpWVCIIH"lIls 10 be made to the leased area which causes <U1 increase in the value ofthe
Ical )11(1l'nl)' which callses a tax increasc, in addition to the paymcnt for use referred to
aho\'c. III(' ( 'it .v-lessee shall pay ;111 (lJnolJnt to the Lessor equal to the tax increase
caw;cd hy tl1(" (Ily-Lcsscc's improvemcnts. The payments referrcd to in this paragraph
shall he II1:III!. 1111 the <ble Ihis Lease js executed for Ihe first year and annually thereafter
olllhe S;IIIII' d:I\' 11'1 lite n:lI1ailling tcrm (If the Lease.
VII. OTJlER f'v1UTI',\1 LY MìHFED UPON CONDITIONS
A. The Lessol :Jgll"('~; 10 plow the access lOad and all other paved SUI faces at the site. On a
regular amI lilllely basis. the City-Lessee agrees (as slated in III ObJigntions ofthe City,
par;Jgraph ,~) 10 help (llIt in hcavy snow conditions. Although the Lessor is responsible
for normal SIIOW ICllHwal, they do IIOt have ice or pre-stonn sail and/or sand equipment.
The City-Lessee sl1311 include the leased area iH the regular saIL and/or sand schedule for
Boxhwn Drive.
13. The City-Lessce agrees to honor all Boxho01;membership cardsqisplaJ;eJton the
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dashboal <.Is of vehicles towing trailers (IS paid launch fees tIll U Dcccmbér 31, 2002..
VIII. TAXES AND ASSESSMENTS
The Lessor shall pay all propcrty laxes and special assessments ;JIHJ specinl charges when
tlue.
L'C MORHìA(ìES M'-iD on IER LIENS
The Lessor sltall. at all times tltlling the tcnn ofihis leasc, keep lhe property free and clear
orallY lJIollg:lgCS ;IIHJ!III 1I(lter liells supni(!f to the light lIfthe Cily-Lessee.
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X. SUCCESSORS M'-JD ^SSJ(ìNS
This lease shalllw billdillg upon ;-I/Jd illme to the bCJ1cf.il of thc pmtics }}Slel~~!J~.lheir
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respective heirs, ICj1Il'Snltali \'CS, successors :lud assigns, ;1Ild shall be a covenant runniJÍg with the
land.
SIGNED TIllS 2;<-'--7 \)^ y ur- .:J~L!'!-~~~~1'---'-------' 20lUl.
By: ., '.'
THE CHARD G. AND LOJS A. BENNETT
:lJ;~;?~~999
{; , -./7 C ~2 ~- c-7tf-c-':-' .(/ '7 ;:.I.é-n.-?~
~~ ,~::;i~~,;j?~9r. ~ét'4 ""f'~
""""", /- ,\\'\ 1111"
1crk-Trcflsurer ~",~ t..'Í)';IM 303"0-",
~ s~ ..----...... '-II- ~ g ~r: ...... -<.p ~
ACKNOWLEDGEMENT g
n. \ 1 9 n \. % ACKNOWLEDGEMENT
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S f W. .) - Z , : 0 :::
laic 0 I~COII~III :;; (). ~ ~ :.Þ ::
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<s. ~ tJL\ It V 1 0 . f.i' È
W;mke.<;lm County ) ~ C~"',
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. /7/J /I ~",' V V 'y-. 3~ ~~~
f'cr.:ollally carnc bC'forc IIIC Ilw: ~...(,- . ay '(~II', \\\\\'\'\
::Si1./J} t:R&~, 200 ...:?,hc "f,I'\,(" """..-,11 )avi.('i!-'VW'Angelis
a"d Jcan K. "',lIcnda 10 mc )c""",n 10 l.e '1,C' I'n~(Jns ",1'0
cxccutcd Ihe r()l('l~oing im:II1.",..n' "",I acknowledged Ihc salllC.
CITY OF l\'1USKEGO:
~~-~7 ~~// .~ø"'-' --,=---~--'=--~. _m_. ..---'-- David L. De Augdis, MaY(lr
él-l/;~gl/;L- (?l /) / /10 tÝé/e~~()
.._----_.~....._. .- - .._-.----
(name P-' inted)
N.'lalJ' Public _/..t./ /lp/../C$h.."!-f.:,{",,ty, Wis.
"'y Commission is IK,m:!II..IIL (If "01. stale c)(l'iraliOIl
dale 7 - LZ _u n.' ..Ãt!~.)
\\"",n";,,,,/.' ;
~"'~",\)')SIM .:1.0111",..., $'~~ --.:i'~ S' :t'.t- ~
ff ') 119::)~~
== <( CI":; -0 -
State of Wisconsi" ) ~ (fl ~..,.. 6- : 0 g
55. ~ ~ .. 1 0 ~ i À ;:
Waukesha C{'u"ly ) % ~ /",~y ~
~ 'VL --..0 *' nÁ ~ "'""V 3\--\\'0 ~~
J~~II'ally {Õ}I1!C hefore me I"is~;( '(lay or""""IIII"""'\\\"\
--.J(l1lJI.Lß11f?d{. ,200 2J.hc nhove namcd ~,Ta]~ruLL~~ L;iiJ1JL.B~] 1Jf.;6&
" mc known 10 be the pcrson(s) who execuled the
'Icgoing i"slnJlllcnl and acktwwlcdgC',d the same.
é!h1lCgltt.~_1!l2.:_a2~PSCJÆ./
{1I:nnt" p-,illted}
Notary P,,"lic _LLJI1.<J.líe~ &.Mml1ly. Wis.
My Commission is I't.""I\I1C'II'- (If IInl. stale cxpimtion
date: 7- /L-.2M..s=.)
This document was dmOcd hy I )a\'ill L Dc Angclis, City of MlIskego,W J 82 S8100 R"cine A venue, Muskego,
Wisconsin 53 J 50.
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C.S.IVI. 8153
P N<CEL 4
- 1101--':;>" ~ 7-[
IL12
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PARCEL 1
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EXHIBIT "A"
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LOIS BENNETT mCI1ARD RtST PROPERTY
ENT)
LIVING 1.
ACCESS EASEM (BOA T LAUNCH
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. 1" = 150' SCALE:
11/21/01
V 12/05/01 RE.
/13/01 REV. 12
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Kxllihi( "ß"
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A/llhal pall orthe Southcast ~ of the Northeast ~ of Section 23, and part oHhe
Southwest %ofllle Northwest Y. ofSeclion 24, Town 5 NorÚI, Range 20 Easl, in
the City of J\1uskcgo, Waukesha County, Wisconsin, bounded and described as foHows:
COIIIIBcncing at the Southwest corner of Parcell, Certified Survey Map No,
8) 53, sai(1 point :1IS0 being the point of beginning oflands described herein; thence North
02028'25" \Vc$1 along the West line of said r~ITÇcl 2, 226.76 feet; thence NOJth
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71 025'32" West 189.05 feci; Ihence South 3Y'] ]' 08" West 4 1.74 feet; thence North
71025' 32" West 350.77 feet 10 a poinl on a meander Jine on Big Muskego Lake; thence
North 26028'05" !'flst, along said meander line, 189.46 feet to an intersection of meander
Jines; thence Nmth 04032'41" East along said meander line, I 1.12 feet; thence SOU111
7700] '50" Easl 2Jtl.IO fed; thence Soulh I }<'13'02" Wesl 92.09 feel; thence South
71025' 32" East 3 I R.JJ fecI; thence Soulh 10"'33 '35" Wc.,>t 65.15 feel; thence South
02028'25" En~t :;?l<1.R.1 feci, 10 Ihe Norlh lighl-of~way line of Box horn Drive; thence
SoutJ. S7"32'3tr' West along said right-or-way 1ine 50.00 fcd to the point of beginning.
Also including Ih(l::e l:lIIds lying between ~aid meander line and lakeshOlc on Ihe
casemcnl Jillcs cxlcmkd. C()[}laining 96,591 squarc fcel (2.22 acres) more or less as
measured to the IIw:IIHJer lillc.
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Daniel R. Flami"i E '.S f( S-2186
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January 2k.. 2004
TO: CITY OF MUSKEGO
RE: LEASE AGREEMENT FOR PUBliC ACCESS TO NAVIGABLE WATERS
LOCATED AT S90W13960 BOXHORN DRIVE, MUSKEGO, WI 53150
On January 5, 2004, The Bennett Family Trust and Richard Schim executed the
attached document and based upon those representations, the Common Council
adopted Resotution #12-2004 on January 13,2004. a copy of which is attached.
That Bennett and Schim were mistaken end the buyer af the property in qU6stion
was, in fact, 13960 Baxhorn Drive, LLC. a LlC owned ontirely by Richard Schim
and Deborah M. Schim. Therefore, the parties declare the 8ssignment of January
5, 2004 nulf and void and of no effect and acknowledge that the City has not and
should not mðka any payments per that egreement. The parties also
aCknowledge that the City is not ín default as to the under(yiog agreement and
ehoutd make tha payment originally due on or before January 1, 2004 within a
reasonable time after the Common Council approves ofthis new assignment. It is
anticipated that tOtS wtU happen at the Common Council meeting of January 27,
2004.
On March 24, 2003 The Bennett Family Trust sold Tax Key No. MSKC 2254;998.004
to 13960 Soxhorn Drive, LLC. The sale included the boat launch tease dated
January 22,2002 with the City of Muskego. All rights, all clauses, all
responsibilities and all proceeds are now the sole property of 13960 Baxhorn
Drive, LtC; and, aftf88Sor's rights and responsibilities were assigned to 13960
Baxhorn Drive, LtC as of March 24, 2003, including the right to receive any Isase
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Buyer: 13960 Soxhorn Drive, LLC
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06 arah M. Schim, Authorized Representative
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TOTAL P.03