CCR2007074AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #074-2007
APPROVAL OF ACCESS AGREEMENT BETWEEN
THE CITY OF MUSKEGO AND LYLE FICKAU
WHEREAS, The Access Agreement, as attached, has been reviewed by the Finance
Committee and has been amended and recommended for approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the Access Agreement between the City and Lyle Fickau as amended.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Access Agreement in the name of the City.
DATED THIS 10TH DAY OF APRIL ,2007.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eileen Madden
Ald. Neil Borgman
This is to certify that this is a true and accurate copy of Resolution #074-2007 which
was adopted by the Common Council of the City of Muskego.
4/07jmb
--
ACCESS IAGREEMENT
THIS AGREEMENT is made by and between the City of Muskego, a
Wisconsin Municipal Corporation in Waukesha County, and Lyle Fickau.
The property, which is the subject of this agreement, is described as follows:
Engel Conservation Land:
SEE ATTACHED LEGAL DESCRIPTION - Exhibit A
Tax Key No. MSKC 2238.992
INTENT: The intent of this agreement is to provide access to adjacent
farmland (Tax Key No. MSKC2239.999) situated west of the Engel
Conservation Land that is leased by Lyle Fickau from others for farming
purposes.
DESCRIPTION: lands subject to agreement are depicted in Exhibit Band
described as follows: A 25-foot wide access drive from Henneberry Drive
northward and westward through the subject property to leased lands
described above shall be available free of charge for ingress and egress for the
purpose of planting, managing, and harvesting crops on farmlands within Tax
Key No. MSKC2239.999 as depicted in Exhibit B.
LIABILITY INSURANCE: Lyle Fickau shall, at his own expense and at all times
during the term of this access agreement, maintain in full force a policy or
policies of insurance, written by one or more responsible insurance carriers,
which will insure the City of Muskego against liability for injury to or death of
persons or loss or damage to property occurring in or about the demised
premises. The liability under such insurance shall not be less than $1,000,000
for anyone person killed or injured, $1,000,000 for anyone accident and
$1,000,000 property damage. A certificate of insurance to this effect must be
on file with the Engineering/Building Inspection Department prior to entering
said property.
ASSIGNMENT: This agreement shall not be assigned by Lyle Fickau to
another without the expressed written consent of the City.
TERMS AND RENEWAL: The access of said property shall ~ for the term of
one year, free of charge, commencing on the,~'3 day of (~ý'0. 2007,
and ending the 31 st day of December, 2007. This agreement is subject to
automatic renewal. Lyle Fickau shall notify the City of Muskego' onservation
Coordinator to renew the agreement.
Fickau Access Agreement
Pursuant to Resolution #074-2007 passed and approved on April 10,2006 by
the Comm/on CO~~cil of the City of Muskegp, this lea, is hereby executed this
day of -~ '-:e'I.\ " , 2007, 1/ I
; i
Jj
"""'"
~ Ag G
'. of Muskego
John R. Johnson, Mayor
Page 1 of2
----,
--
EXHIBIT A
MSKC 2238.992, City of Muskego Engel Conservation land (in part)
lEGAL DESCRIPTION:
THE E 50 AC OF S1/2NW1/4 EX 6 AC AS DESCR IN VOL 167/210 OF DEEDS
SW1/4SW1/4 NE1/4 W1/2NW1/4SE1/4 & THE E 30 AC N1/2SW1/4 SEC 20 T5N
R20E 104 AC. 3159382 PRO 5/04 3307715 WARANTY ESMT DEED 8/05
3317602 DEED RESTRICT 9/05 3317766 COR DEED 9/05
Exhibit B
Access for Lyle Fickau through
Engel Conservation Property
~ Access route
COMMON COUNCIL - CITY OF MUSKEGO "
t'
RESOLUTION #074-2007 <\'
~J
APPROVAL OF ACCESS AGREEMENT BETWEEN \.
THE CITY OF MUSKEGO AND LYLE FICKAU
WHEREAS, The Access Agreement, as attached, has been reviewed by the Finance
Committee and has been recommended for approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the Access Agreement between the City and Lyle Fickau.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Access Agreement in the name of the City.
DATED THIS DAY OF ,2007.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eileen Madden
Ald. Neil Borgman
This is to certify that this is a true and accurate copy of Resolution #074-2007 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
4/07jmb