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CCR2005221. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #221-2005 APPROVAL OF REVOCABLE OCCUPANCY PERMIT Michael Hughes/Amy Loizzo BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve the attached Revocable Occupancy Permit for Michael J. Hughes and Amy E. Loizzo for a deck encroachment into a drainage easement. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the document in the name of the City. DATED THIS 22nd DAY OF November ,2005. 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 #221-2005 which was adopted by the Common Council of the City of Muskego. /'/ iÎí -Treasurer 11/2005jmb Document Number REVOCABLE OCCUPANCY PERMIT <empt from fee: s. 77.25 (12) Wis. Stats. A6035 I DT1551) 98 Owner Name and Address: Michael J. Hughes and Amy E. Loizzo 2603 N. nnd St. Wauwatosa WI 53213 Agency Name and Address: City of Muskego P.O. Box 749 Muskego, WI 53150 Highway Drainage Easement This space is reserved for recording data Return to County Waukesha Municipali ty City of Muskego Sean E. McMullen P.O. Box 749 Muskego, WI 53150 City of Muskego Parcel Identification Number/Tax Key Number MSKC 2180-092 Encroachment Location: S70 W19283 Kenwood Drive, Lot 32 of Kenwood Place, being part ef the Southeast 1/4, and Southwest 1/4 of the Southeast 1/4 of èction 5, T5N, R20E, in the City of Muskego, Waukesha County, Wisconsin. Encroachment Description: Deck encroachment into Drainage easement. Deck to encroach into easement by not more than 4.00 feet, as depicted on attached drawing labeled Exhibit "A" The use and occupancy of Drainage easement under this permit is conditioned upon the Occupant's compliance with these provisions: 1. This permit only authorizes the described encroachment to remain temporarily wi thin the 30' Drainage easement along the South line by a distance of not more than 4 feet as measured from the Northerly line of said easement. Furthermore, 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 wi thin the existing Drainage easement. . In the event that the City of Muskego deems it necessary to revoke this permit on the basis of a need to expand capacity, perform maintenance work 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 wi thin the time specified in the notice. 3. I f 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 users, the general public, or presents a threat to safety, then the Occupant, upon notification by the City of Muskego shall promptly remove the encroachment from the Drainage Easement. 4. 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 Drainage easement, and return it to previous condition. 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. 6. In the event the City of Muskego needs to do work inside said Easement. Owner will be given thirty days to remove the Deck at owner s expense. If not removed within thirty days, contractor has the right to remove at owner s cost. . (S i qna t ure) (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) Charles H. Damaske (Mayor) Date (Signature, Notary Public, State of Wisconsin) (Print or Type Name, Notary Public, State of Wisconsin) ~nice Moyer (Clerk/Treasurer) (Date Commission Expires) Date proj ect: Kenwood Drainage Easement this instrument drafted by: Daniel Flamini Parcel No.2180-092