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CCR2009102-Landfill COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #102-2009 A RESOLUTION REGARDING THE FUTURE PARKLAND LANDFILL WHEREAS, Briggs and Stratton Corporation, as successor to Future Parkland Development, Inc., owns property within the City of Muskego known as “Future Parkland Development Landfill” which is subject to the “Final Negotiated Agreement for Future Parkland Development Landfill” which was entered into July 1, 1986, between Future Parkland Development, Inc., Briggs and Stratton, Inc., and the City of Muskego; and WHEREAS, Briggs and Stratton Corporation is interested in selling the property and has an interested and willing buyer; and, WHEREAS, the City of Muskego has an interest in ensuring that all terms of the 1986 Agreement are complied with in regards to the property, including but not limited to approval of any transfer of ownership of the parcel. NOW THEREFORE, THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO RESOLVE AS FOLLOWS: SECTION 1: That the City of Muskego does not object to the proposed transfer of the property located at The North ½ of the Northeast ¼ and the Northeast ¼ of the Northwest ¼ of Section 36, Township 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin. The City of Muskego’s lack of objection is conditioned upon the restriction that the new purchaser shall only utilize the property as it is currently used, which is a closed landfill, unless and until purchaser obtains any and all necessary permits, licenses or approvals from the City, Waukesha County, State of Wisconsin or Federal Government required for any new or changed use. SECTION 2: The several sections of this resolution are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the resolution which shall remain in full force and effect. Any other resolution whose terms are in conflict with the provisions of this resolution are hereby repealed as to those terms that conflict. SECTION 3: This resolution shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS __14TH____ DAY OF ___JULY___, 2009. CITY OF MUSKEGO _____________________________ John Johnson, Mayor ATTEST: ___________________________ Janice Moyer, Clerk RD Published this 23 day of July, 2009 Page 2 of 2