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COPY <br />AGREEMENT <br />(KEGONSA BOULEVARD) <br />This Agreement is entered into this day of <br />2002, by and between the Town of <br />unn, Dan County, Wisconsin, a Wisconsin municipal <br />corporation, (the "Town"), and Ralph and Nusai Runge, <br />William G. Bialas, Frankie Warner, Estelle Lauria <br />Dobeck Tre, Howard L. Foss, Kenneth and Donna Dary, <br />Robert and Carol Fredrickson, Richard A. Marshall, <br />David and Cheryl Hults, Larry and Ellen Greenwold, the <br />Kuhn Revocable Trust, and Peter and Sandra Stanis <br />(collectively, the "Property Owners"). <br />RECITALS <br />Return to - <br />DANE COUNTY <br />RE-GISTER OF DI:EED13) <br />DOC UVIENT it <br />04/13/2002 12:01:22PM <br />Trans. Fee: <br />Exempt 0: <br />Rec. Fee: 53.00 <br />Pages: 22 <br />05/-7 <br />Town of Dunn <br />4156 County Road B <br />McFarland, WI 53558 <br />Parcel Identification No. <br />A. Each of the Property Owners own parcels of real <br />estate located in the Addition to Rock Elm Park <br />Extension Platin the Town. Each Property Owner <br />obtains access to their parcels over the portion of the Kegonsa Boulevard Right -of - <br />Way shown and described in the diagram and legal description attached hereto as <br />Exhibit A (the "Right -of -Way"). <br />B. Each Property Owner desires the Town to discontinue the Right -of -Way pursuant to <br />sec. 66.1003(4), Stats. The Town believes that the public interest requires the <br />discontinuance of the Right -of -Way, and intends to initiate discontinuance <br />proceedings under sec. 66.1003(4), Stats. If the Right -of -Way is discontinued, each <br />Property Owner's parcels would be adjacent to, and have access to, Barber Drive in <br />the Town. <br />C. The parties intend to execute this Agreement before the Town initiates the <br />discontinuance proceedings. Upon the execution of this Agreement, the Town <br />intends to initiate the discontinuance of the Right -of -Way and proceed pursuant to <br />sec. 66.1003(4), Stats. In the event that the Right -of -Way is discontinued, the parties <br />would proceed to perform their obligations under this Agreement. In the event that <br />the Right -of -Way is not discontinued on or before December 31, 2002, this <br />Agreement will be null and void and neither the Town nor any of the Property <br />Owners will have any obligations under the Agreement. <br />RAWERM 126\186\Ag-Vac.cbh.wpd <br />0104021158 <br />I <br />�2163 <br />