CCR2005121.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #121-2005
RESOLUTION AS TO REVOCABLE OCCUPANCY PERMIT
Sowinski
WHEREAS, The Common Council approved the attached Revocable Occupancy
Permit for Jareth Sowinski, S74 W17426 Lake Drive, on November 2~~, 2004 with the
adoption of Resolution #201-2004; and
WHEREAS, The City desires to exercise its right to revoke the permit
because in accordance with NO.6 of the Revocable Occupancy Permit, the
encroachment area has not been returned to green space; the asphalt parking and
driveway areas have not been removed and restored and maintained in a vegetative
cover within 15 days of January 5, 2005.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Public Works Committee, does hereby
exercise its right to revoke the occupancy permit for Jareth Sowinski because in
accordance with NO.6 of the Revocable Occupancy Permit, the encroachment area
has not been returned to green space; the asphalt parking and driveway areas have not
been removed and restored and maintained in a vegetative cover within 15 days of
January 5, 2005.
BE IT FURTHER RESOLVED That the Common Council authorizes the
Engineering/Building Inspection Director to take the necessary steps to complete the
revocation.
DATED THIS DAY OF ,2005. June 14th
SPONSORED BY
PUBLIC WORKS COMMITTEE
Ald. Chris Buckmaster
Ald. Bob Melcher
Ald. Neil Borgman
This is to certify that this is a true and accurate copy of Resolution #1~~1-2005 which
was adopted by the Common Council of the C' W of Muskego.
6/05jmb
Document Number
REVOCABLE OCCUPANCY PERMIT
xempt from fee: s.77.25(12) Wis. Stats.
A6035 (DT1551) 98
Occupant Name and Address:
Jareth Sowinski
S.74 W.17426 Lake Drive
~uskego, W153150
Agency Name and Address:
City of ~uskego
P.O. Box 749
~uskego, WI 53 I 50
Highway
~ichi Drive Extension This space is reserved for recording data
Return to
City of Muskego
Sean E. McMullen
P.O. Box 749
Muskego, WI 53150
Municipality
Parcel Identification Number/Tax Key
Number
MSKC 2193-979
City of ~uskego
Encroachment Location:
Lake lot Access 13 (Mskc 2193-979), being a part of the Northeast 1/4 of .ection 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 15003'41" W 27.07 feet; thence N
74056' 19" 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:
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1. This permit only authorizes the desc:ribed 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.
5.
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
wri tten 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.
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 oJ:dinance.
Encroachment area is to be used for open/green space only.
including, but not limited to materials, equipment,
Storage of any kind, will not be permitted,
vehicles, recreational vehicles, boats.
. 2.
3.
4.
6.
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 :[estored and maintained in a vegetative cover.
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(Signature) (Signature)
(Title) (Title)
(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) ~anice Moyer (Clerk/Treasurer) Date
Project: Lake Access 13 Encroachment this instrument drafted by: Daniel Flamini Parcel No.2193-979