CCR2010014-Necessity-Lemke
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #014-2010
RESOLUTION OF NECESSITY
(Lemke)
WHEREAS, The Little Muskego Lake Dam and outflow channel of Little Muskego Lake are
abutting properties known as the Lemke properties (Tax Key Nos. 2195.996.001 &
2195.997), and
WHEREAS, The dam and channel are within a known floodplain area and the upkeep and
maintenance of these areas are critical to the downstream areas of the City of Muskego,
and
WHEREAS, The 2020 Plan shows this area along the Little Muskego Lake dam to be a
crucial area to the City of Muskego to incorporate into lake access and view sheds along
the heavily traveled Janesville Road, and
WHEREAS, The 2020 Plan states that parcels in these recommended lake access
locations are looked to be purchased by the community as funds become available,
development takes place, and/or properties go up for sale.
NOW, THEREFORE, THAT THE COMMON COUNCIL, WAUKESHA COUNTY,
WISCONSIN, HEREBY RESOLVES AS FOLLOWS:
1. That this Resolution is a resolution of necessity in accordance with 32.06(1)
and 32.07(2), Wisconsin Statutes;
2. That it is hereby determined that it is necessary for the City of Muskego to
acquire fee simple title for the purchase of land for floodplain and park
purposes;
3. That it is also necessary, in the furtherance of the above-stated public
purpose, for the City of Muskego to acquire fee simple title to the following
described real estate: See attached legal descriptions and map marked
Exhibit A.
4. That the City of Muskego will acquire, by condemnation in accordance with
Chapter 32, Wisconsin Statutes, if necessary, the above-described interest
in the above-described real estate from the record owners thereof, and from
any and all other persons or entities who may have a record interest in said
real estate.
BE IT FURTHER RESOLVED, That it is not the intention of the City of Muskego to utilize
condemnation for the purchase of the Lemke properties. The resolution of necessity is a
mechanism to start the purchase process only. If a willing seller/willing buyer purchase
agreement cannot be made between the parties initially, the City of Muskego will not
pursue the ultimate condemnation process, as this procedure is not the method approved
by the Common Council for this property unless the Council takes further action to approve
Reso. #014-2010 Page 2
condemnation.
BE IT FURTHER RESOLVED, That the Council will meet to approve an offer to purchase
and to approve the funds for the purchase before an offer to purchase is deemed valid.
TH
DATED THIS ___ 9 _____ DAY OF _____FEBRUARY____, 2010.
SPONSORED BY:
Mayor John R. Johnson
This is to certify that this is a true and accurate copy of Resolution #014-2010 which was
adopted by the Common Council of Muskego.
_____________________________
Clerk-Treasurer
Reso. #014-2010 Page 3
Exhibit “A”
Mskc 2195-996-001
Part of the Southwest ¼ of Section 9, Town 5 North, Range 20 East Commencing at a point in road S 67º 45’ W 187.5 feet
from the S ¼ line which is 1721.14feet North of the South ¼ post; thence N 12º 09’ W 620.58 feet; thence N 79º41’ E 115.5
feet; thence N 12º 13’ W 20 feet to the lake; thence S 79º03’ W 136 feet; thence S 18º 22’ E 151 feet; thence S 44º 24’ W to
the Southwest corner of Panetti lot; thence N 18º22’ W 151 feet to the lake; thence S 28º33’ W 153.85 feet; thence S 38º16’
E 68.5 feet; thence S 15º10’ E 277.7 feet; thence S 25º 46’ E 142 feet; thence N 67º 45’ E 156.30 feet to the point of
beginning Ex 25 feet Right of way R2432/542 Quit Claim Deed 5/97, 3079890-94 Quit Claim Deed 10/03, 3118521-25 Quit
Claim Deed 1/04, 3396560-69 Correction Deed 6/06, Excepting 0.08 acres sold to the County 3376856 Warranty Deed
4/06
Mskc 2195-997
Part of the Southwest ¼ of Section 9, Town 5 North, Range 20 East Commencing in the center of road S 67º 45’ W 247.58
feet from the S ¼ line which is 1721.14 feet North of the South ¼ corner; thence N 15º 13’ W 447.5 feet to the place of
beginning; thence S 44º 24’ W 33.5 feet; thence N 18º 22’ W 151 feet; thence N 44º 24’ E 67.5 feet; thence S 18º 22’ E 151
feet; thence S 44º 24’ W 34 feet to the beginning, also all lands lying between North line of above lot and lake and right-of-
way R2432/540, Quit Claim Deed 3079895-99, Quit Claim Deed 10/03 3118526-30, Quit Claim Deed 1/04 3396570,
correction deed 6/06