CCR1984029RESOLUTION #29-84
AUTHORIZING THE PURCHASE OF PARCEL OF LAND FOR
BASS BAY SEWER PROJECT (Martins)
WHEREAS, the Council approved the purchase of a parcel of land
November 22, 1983, and
from Brent S. Martins for the Bass Bay Sewer Project on
WHEREAS, Mr. Martins has requested the Easement be amended to
indicate for sewer purposes only.
THEREFORE, BE IT RESOLVED that the Common Council of the City
of Muskego, upon the recommendation of the Finance Committee,
does hereby approve the city's purchase of the property of
Brent S. Martins as stated in the Relocation Order for the
purchase price of $-0- and that the Mayor and Clerk are
authorized to sign any legal documents in the name of the city
and hereby waives any contingency in the Amended Offer to
Purchase and approves of the same.
DATED THIS A$i+h DAY OF F&h\~d , 1984.
U FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Mitchel Penoviph
P,M Ib /J& Ald. Charles Colburn
ATTEST :
City Clerk
2/84
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1s .. ........... Muskego . .... ..................................
3 herebyolien 10purchrPe1~~~li~~~~~(..a~)..eaaem~u.t .in .CcF.tain..e.r:Q.ecF.t ...........
4 inrht .Ci.t.r .... d. .. .?W.kes~. . ........ ................................... county d Ws:
2 The undersigned Buyer, . , .cI.Ty .OF:. ML!$.I(EGo . . , . . .........................
Wisconsin. 1 Waukesxa
5 mort particularly described 83: .$.e?.. a!.Fac.h!?(i. e.a.?er?.?n.t
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7 ... ............... ..............................................................
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Y ...............................................................................................
I Dollurr (S .o., ..... 1 and on be terms and conditions as followr:
2 EarneslmoneyolS o...oo. .. ,ttndcredherewirh.AdditionaleamertmoneyofS, Q.-.Qg. . ..XGKfi&R"X
,) aI*cpriceol "- """""""""_"" """" _"" """" No/100 ... ...........................................
.\ . wlwc~xuKxxnxxxxu~"sm.
4
b LhlS oh and shall be uansmitttd IO lhc listing broker upon such acceptance.
5 lirhiso~eristheresul~oiac~b~kerage,then1IImoneypaidherewiUlshallbeheldinUlessllin~bmtcr'avrutlecwniuntilchs~eccp~ ~ ~ ~ ~ , and rht balance in cash a1 cloaing or as hercafkr s<
......... OF.THE.ESSENcE.AsTo,~ r;drimoNpli MoNEy.p.AyM.~NT,,L,EdA.L p.os.s.Ess.l.oN~.occu~p;c~
DATE OF CLOSING. (Svike hose not a licablt THEBUYER'SOBLIGAT~ONTOCON~~~DE~~STRANSACT~ON ISCONDITlONEDUPONTHECONSUMh4ATlONO. FOI.I.OWINC.. . - " - ..... -. (If rhis ofler is subset to financing, percolation (est. specific zoning or YE, approval of recorded building and ULC restrictions nnd wvenanu.
ocher conlingency. 11 must be staled here. U none. 80 starc.)
. March
...
3.- The .Can.tr.aF:t.QF...S~.a~1. F.es!.QK?. the, .~aw."..a."r!.g~.~de.~.,t.O..i~~,.F!F.ese.nt. .....
~ondi.ti.on.i~.c~cldi.ng..rep.l?.~.i~g..?.~y,.s?d.,. .shru~s.,..~o~.~oll,,.lfr.l!ds.c~!ee,. .
..... Limbers .,.. and..f.enc.ing,.. ........................................................................
.4.- ..T.he..exi.s~ing.ho.lding..tank.rnus.~ .~~n.Cinue..L~. r.ema.in..s~esab!.~.,. .......
..... ....... .............. ........ ..... ........
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........... .. .... ..................................................... I - 1 Buyer agrecslhal unlessolhenvise specified, Buyer will pay a11 CosLsolKcurinpny finMcinplo(hosittn~pcmitGed by law.and lopsdom al' I necessary to expedltt such financing.
. ...................................................... I ADDITIONAL ITEMS lNCLUDED IN SALE: .WX
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....... ..... .... .... ........ 0 Seller shall. upon'payrnent olthe purchase price;convey'Lhe propny by~~mnWW~pkibW6~ freeand clear I) I liens and encumbrances. ercepung: municipal and zoning ordinance#, recorded eucmenb lor pu'alic utilities lox14 adjacent IO ude and rea
2 lines, recorded building and use restrictions and covenanu. gcneral uxcr levied in chc year oiclosi~ and ............. 3
.actached aaserncnt.~
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4 Legal possession of propeny shall bc delivered to Buyer on dale or closing.
5 It IS understood Ihe propeny is now occupied by .. .O.Wne.rS, . ...........................
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under [oral lease) (wrilrcn lease). which lems are: ..........................................................
................ .... , ,I ..
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EASEMENT
THIS TNDENTURE, made this day of 9
1984, hy nnd betwecn BRI-NT C. MAHTTNS and JEANNE A. MARTINS,
husband and wife, as joint tenants and FALK CREDIT UNION, hereinafter
referred to as party oE the first patt and CITY OF MUSKEGO, located
in Waukesha County, Wisconsin, hereinafter referred to as party of
the second part.
WITNESSETH:
WHEREAS, the party of the first part, BRENT G. MARTINS and
JEANNE A. MARTINS, owns a parcel of real estate and FALK CREDIT
UNION, holds a mortgage on said real estate located in the City
of Muskego and described as follows:
SEE ATTACHED L.EGAL DESCRIPTION MARKED EXHIBIT "X"
WHEREAS, party of the second pnrt has requested from the party
of the first part a permanent easement for sanitary sewer purposes
including construction, repair, maintenance and reconstruction o€
the sewer (and a temporary construction easement);
NOW, THEREFORE, party of the first part, in consideration of
the sum of ONE DOLLAR and other good and valuable consideration, the
receipt whereo€ is hereby acknowledged and con€essed, do grant and
convey unto the party o€ the second party, forever, a permanent
easement for sanitary sewer purposes including construction, repair,
maintenance and reconstruction oE the sewer (and a temporary con-
struction easement) in the City of Muskego, Waukesha County, Wisconsin,
on, over and in the following described real estate:
SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "Y"
USE OF LAND
Party of the first part consents to the entry o€ the employees,
workmen, agents or independent contractors of party of the second
porL I'or l1nd I.ncl.clc11~n1. LO chc! colluLruction, rcptllr end lrltlLnLcnurlcc
and reconstruction of said sewer and will not disturb or interfere
with such sewer or prevent ingress or egress, thereto for the purpose
of construction, repair, maintenance and reconstruction thereoE.
The parLies cxpressly acknowlcdge that the party o€ the second
part may allow others not parties to this easement to use the ease-
ment lor the p~~rposes :indicated nhve.
Martins
.. All that part of the Northeast k of Section 15, Town 5 North, Range
Wisconsin, described as follows:
20 East, in the City of Muskego, County of Waukesha, State of
Beginning at a point, 241 feet East and 407 feet South of the quarter
post on the North side of said Section 15; thence running East 80 feet;
thence South 50 feet; thence West 80 feet; thence North 50 feet to
the place of beginning, AND
All that part of the Northeast k of Section 15, Town 5 North, Range
20 East, in the City of Muskego, County of WAukesha, State of Wisconsin,
described as follows:
Beginning at a point 241 feet East and 457 feet South of the quarter
post on the North side of said Section 15; thence running East 80 feet;
thence South 50 feet; thence West 80 feet; thence North 50 feet to the
place of beginning.
ALSO a right of way in common with others, 20 feet wide in the Southeast i of Section 10, Town and Range aforesaid, the centerline of which
Beginning at a point on the section line, 484 feet East OE the k is described as' follows:
post on the South side of said Section 10, and thence running North
2' West, 270 feet.
ALSO a rieht of way in common with others, 30 feet wide in the Northeast i of aforesaid Seciion 15, the centerline'of which is described
as follows:
post on the North side of said Section 15, and thence running South
Beginning at a point on the section line, 484 feet East of the 1:
2' East. 42 feet: thence West 258 feet: thence South 606 feet to
the Lake Shore. '
EXHIBIT "Y"
All that part of the Northeast k of Section 15, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
bounded and described as follows:
Beginning at a point which is 241 feet East, and 407.00 feet South
of the North corner of said Section 15, said point being the
Northwest corner of Lot 21, Blk "1" "Martin Bass Grove, an un-
recorded plat; thence continuing South along the West line of
said lot, 25.00 feet; thence Easterly and parallel to the North
of said lot, 25.00 feet; thence Westerly along the Noth line of
line of said lot, 80.00 feet; thence North along the East line
said Lot 21, 80.00 feet to the place of beginning containing 0.05
acres. Together with a temporary construction easement being a
jacent to the Westerly line of lands as described on Doc. No.
10.00 foot wide strip of land lying Easterly parallel and ad-
1057309, beginning at the Southwest corner o€ said lands and
extending Northerly 75.00 €eet to the point of termination.
I,
.r
THIS INDENTURE, upon its acceptance by the party of the first
'I) part, shall. be hinding upon and inure to the benefit of the parties
hereto, their respective heirs, succe~sors and assigns.
IN WITNESS WHEREOF, party of the first part has executed this
indenture the day and year first above written.
RHENT G. MARTINS
JEINNE A. MARTINS
STATE OF WISCONSIN )
)ss.
COUNTY OF WAUKESHA )
Personal.ly came before this day of 9
1984, the above named BRENT G. MARTINS and JEANNE A. MARTINS, to
me known to be the persons who executed the foregoing instrument
and acknowledged the same.
NOTARY PUBLIC, STATE OF WI
My commission expires:
FALK CREDIT UNION
By :
STATE OF WISCfINSTN )
)ss.
COUNTY Ok' WAUKI<Sl{A )
Personally came before me this day of 1
1984, the above named
oE FALK CREDIT
UNION, to me known to be the persons who executed the foregoing
instrument and acknowledged the same.
TH IS IN 6TRUMENT WA
-
RAFTE SD :D BY:
NOTARY PUBLIC, STATE OF WI
My commission expires:
Attorney Donald S. Molter, Jr.
Waukesha, Wisconsin 53187-0766
720 Clinton Street, P.O. Box 766