CCR1981002RESOLUTION 1\2-81
APPROVAL OF AGREEMENT BETWEEN CITY OF
MUSKEG0 AND DOI.OTHY VESBACH FOR
SEWER LAGOONS
WHEREAS, the city's lease for lands upon which the
northwest sewage treatment plant is located has ex-
pired, and
WHEREAS, it is necessary that a new lease with
Dorothy Vesbach be executed, and
WHEREAS, the Public Sewer Committee and the Finance
Committee have recommended that the lease be approved,
THEREFORE, BE IT RESOLVED that the Common Council of
the City of Muskego, upon the recommendation of the
Public Sewer Committee and the Finance Committee.
does hereby approve of the lease between the City of
Muskego and Dorothy Vesbach
BE IT FURTHER RESOLVED the Mayor and City Clerk are
name of the City.
authorized to execute the necessary documents in the
DATED THIS ,/dd DAY OF , 1981
FINANCE COMMITTEE
U&L)
Ald Kenneth Steinberg Ald Wayne Radtke
Ald Wayne Radtke
ATTEST :
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AGREEMENT
INDENTURE made this 28th day of January J 1981 by 6 and between DOROTHY VESBACH for herself, her heirs, grantees,
legal representatives and assigns, hereinafter termed "Lessor" and
CITY OF MUSKEGO, a Municipal Corporation, located in Waukesha
County, Wisconsin, its successors and assigns, hereinafter termed
"Lessee".
In consideration of the mutual covenants'herein contained,
it is agreed:
1. That Lessor does lease, demise and let unto Lessee,
the premises described as Parcel I attached hereto, together with
rights of way thereto described as Parcels I1 and 111 attached
hereto, and also the premises described as Parcel IV attached
hereto.
2. Lessee shall hold said lands for a term of not to
exceed 10 years from October 1, 1980 under the terms hereinafter
set forth.
3. Parcel I shall be used by Lessee as a sewer treatment
lagoon system operated under the authority of the State of
Wisconsin Board of Health, together with necessary appurtenances
ther-Pt.0.
4. Parcel I1 shall be used for the purpose of constructing
and maintaining a sewer line or lines thereon as hereinafter
provided. Parcel 111 shall be used for purposes of ingress and
egress to Parcel I1 and thence to Parcel I.
Upon receiving notice of termination of this lease as
hereinafter provided, Lessor may within five days, by notice in
writing, advise Lessee that it wishes the sewer lines to remain in
said right of way and upon termination of the lease, such lines
shall become the property of Lessor.
Lessee shall construct or maintain reasonable gates in
all east-west fences crossing the right of way that existed at the
time of the execution of the original agreement which is March 28,
1967. There shall be no north-south fences along said right of way.
5. Parcel IV shall be nsed for a pumping station for said
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sever system.
6. Lessee shall pay as rent the followiU Sums at the
following times:
Forty and 56/100 ($840.56) Dollars and minus Five Hundred Forty-three
A. Three Thousand ($3,000) Dollars minus Eight Hutldred
and 36/100 ($543.36) Dollars previously paid for a total of One e
Thousand six Hundred Sixteen and 6/100 ($1,616.08) Dollars for
payment of rent through January 31, 1981 on the date of the
execution of this document. 6 B. Seven Hundred Fifty ($750) Dollars on or before the
first day of each month for February, March; April, May, June, July,
August, September, October, November and December of 1981 and for
January, February and March of 1982.
C. Five Hundred ($500) Dollars per month on or before
the first day of each month commencing with the month of April, 1982
and continuing on or before the first day of each month for the
duration of the lease.
7. Lessee agrees to maintain a seven strand barbed wire
fence along the north and easterly sides of lands occupied by it
under this lease, and a four strand fence along the west and south
sides of said land.
8. Lessee covenants and agrees to hold Lessor harmless ..
from any claims against Lessor arising out of the occupancy, use or
maintenance of said sewerage lagoon system or the land upon which
it is located.
9. It is contemplated by both parties that Lessee will
connect its sewerage system to the Metropolitan Sewerage District
I of Milwaukee County when able to do so. At that time or any other
time that Lessor determines it no longer wishes to use the lands
in question in its sewer system, Lessee may terminate this lease
upon twenty days written notice to Lessor.
At the term' ation of this lease xessee agrees to grade the area which it may occupy and
put the same back in the general physical contour that it was at the
time of the original occupancy under the original agreement dated
March 28, 1967.
month in which occupancy by Lessor ceases and the grading referred
to in paragraph nine is completed or if at any time Lessee, by
order of a court or other competent authority, is enjoined or
prevented from the operation of the sewerage lagoon system on the
premises leased, then Lessee may terminate this lease forthwith.
The area shall be restored by Lessee.
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10. All rent under this lease shall cease at the end of the
11. Lessee agrees that in the event the basic tax assessment
of the land value of the lands covered in this lease is increased
during the effective term of this lease that Lessee will pay as
additional rent that amount by which the real estate taxes are
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resultingly increased, provided that Lessor remains the owner thereof.
12. That the Lessor shall indemnify and hold harmless the
Lessee and its officers, agents, and employees for any claim by or
on behalf of Walter Vesbach, his heirs and/or assigns for any claim
that he is entitled to any portion of any payments made or to be
made under this lease. That the Lessee shall promptly inform the
Lessor of any claim made under this paragraph and the Lessor shall
at its expense provide the Lessee and its officers, agents, and
employees with 8 full defense to any such claims including but not
limited to payment of any costs, attorneys fees, and similar expenses.
That the Lessee may deduct from the payments to be made under this
lease any damage incurred under this paragraph and costs, attorneys
fees, and similar expenses included under this paragraph. That in
the event the lease is for any reason terminated and a claim is made
against the Lessee under this paragraph, the Lessee's rights under
this paragraph continue and the Lessee shall have a lien on the
lands in question to secure payment of any damage, costs, attorneys
fees, or similar expenses incurred by the Lessee and not paid by
the Lessor.
IN WITNESS WHEREOF, Lessor has hereunto set her hand and
seal and Lessee has caused these presents to be executed by its
duly authorized officials and its seal to be hereunto affixed, all
on the day and year first above written.
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
jss.
Personally came before me this 28th day of Januarv ,
1981 the above named DOROTHY VESBACH to me known to be the person who
executed the foregoing instrument and asknowledged the same.
/
t CITY OF MUSKEGO
By :
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By :
CHARLOTTE STEWART, Clerk
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
)ss.
Personally came be€ore me this day of 1
1981 LI,~ above named JEROME J. GOTTFRIED, Mayor, and CHARLOTTE
STE~JAR'T, Clerk, of the CITY OF MUSKECO, a Municipal corporation, to
me known to be the persons who executed the foregoing instrument and
to me known to be the Mayor and Clerk of said City of Muskego, and
acknowledged that they executed the foregoing instrument as such
officers as the deed of said City, by its authority.
NOTARY PUBLIC, WAUKESHA COUNTY, WI
My Commission:
THIS INSTRUMENT WAS DRAFTED BY:
Att0rnc.y Donald S. Molter, Jr. 1.
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PARCEL I
All that part of the Southeast % of Section 16, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, described as follows:
Commencing at the Southeast corner of Section 16;
340 feet more or less to the point of beginning;
thence Westerly along the South line of Section 16,
thence continuing Westerly along the South line of
Northerly along said East 1/8 line 960 feet more or
Section 16 to the East 1/8 line of Section 16; thence
935 feet more or less North of the South line of less; thence Easterly 980 feet to a point which is
Section 16,; thence Southerly and parallel to the East
1/8 line of Section 16, 935 feet more or less to the South line of Section 16 and point of beginning
containing approximately 21.3 acres.
PARCEL 11
All that part of the Southeast t of Section 16, Town
County, Wisconsin, described as follows:
5 North, Range 20 East, City of Muskego, Waukesha
A 30 foot strip of 1and.abuttin measured normal to
and lying East of the East 1/8 P me of Section 16
North line of the following described real estate:
from the South right-of-way line of Woods Road to the
All that part of the Southeast .I. of Section 16, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, described as follows:
Commencing at the Southeast corner of Section 16;
340 feet more or less to the point of beginning;
thence Westerly along the South line of Section 16,
Section 16.to the East 1/8 line of Section 16; thence thence continuing Westerly along the South line of
Northerly along said East 1/8 line 960 feet,more or
935 feet more or less North of the South line of
less; thence Easterly 980 feet to a point which is
Section 16; thence Southerly and parallel to the East
South line of Section 16 and point of beginning
1/8 line of Section 16, 935 feet more or less to the
containing approximately 21.3 acres.
PARCEL 111
All that part of the Southeast f of Section 16, Town
County, Wisconsin.
5 North, Range 20 East, City of Muskego, Waukesha
A strip of land 30 feet in width, as measured normal
to, lying Easterly of the followmg described line:
Beginning at the Northwest corner of the previously
described parcel for City of Muskego Sewage
Stabilization Pond; thence North, along the East 1/8
line of Section 16, 360 feet, more or less, to
North 80° West, 95 feet; thence North 48O West, 130 Northeast corner of the W. Fillman Property; thence
feet more or less to Southerly right-of-way line of
Woods Road.
PARCEL IV
All that part of the Northeast % of Section 16, Town
5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, described as follows:
Commencing at the point of intersection of the
Southerly right-of-way line of Woods Road and the
Woods Road being 66 feet wide; thence Southwesterly East line of said Section 16, said right-of-way of
along the Southerly right-of-way line of Woods Road,
aforementioned right-of-way line, 68 feet more or
65 feet; thence Southeasterly at right angles to
along the East line of Section 16, 95 feet more or
less to the East line of Section 16; thence Northerly
and the point of beginning.
less to the Southerly right-of-way line of Woods Road
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