CCR1985109RESOLUTION 11109-85
AUTHORIZING ACQUISITION OF EASEMENT
(Boszhardt Lane Sewer Project)
WHEREAS, the City wishes to enter into an Agreement with Victor
Lemke and Margaret Lindhorst as to bringing sewer service to
dwellings owned by Lemke and Lindhorst on Boszhardt Lane, and
WHEREAS, it is also necessary to obtain an Easement from Lemke
to provide said sewer service.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby approve the acquisition of an Easement
from Victor Lemke for the Boszhardt Lane Sewer Project, and
authorizes the Mayor and Clerk to execute the necessary
documents to obtain said Easement, subect to favorable
recommendation of the Plan Commission.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
hereof.
to execute the Agreement attached hereto and made a part 0
DATED THIS aypn DAY OF 1985.
NANCE COMMITTEE
win P. Dumke
Ald. Ral'pMomczyk n
I Ald. Mltchel Penovlch
ATTEST :
4
City Clerk
5/85
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AGREMENT
WHEREAS, VICTOR N. LEMKE a/k/a VICTOR LEMKE and BETTY MAE
LEMKE a/k/a BETTE LEMKE, husband and wife, hereinafter referred to
as "LEMKE" and MARGARET LINDHORST, a single person, hereinafter
referred to as "LINDHORST", and the CITY OF MUSKEGO, hereinafter
referred to as "CITY" wish to reach an agreement as to bringing
sewer service to dwellings owned by LEMKE and LINDHORST; and
dwellings in question can be facilitated through the cooperative
WHEREAS, the bringing of the said sewer service to the
efforts of the parties in granting easements, constructing sewer
lines and paying the costs of construction and other related
costs ;
NOW, THEREFORE, for valuable consideration acknowledged by
all parties,
IT IS HEREBY AGREED AS FOLLOWS:
1. LEMKE shall grant at no cost to the CITY a permanent
hereof and marked Exhibit "A-1" and execute the documents attached
utility easement in the form attached hereto and made a part
documents shall be executed simultaneously with this document.
hereto, made a part hereof and marked Exhibit "A-2"; these
third (1/3) of the reasonable and necessary cost of maintaining
2. LINDHORST by this agreement hereby agrees to pay one-
the present private road in its present gravel condition; said
road described in a document which is recorded in the Office of
the Waukesha County Register of Deeds in Volume 596, Image 424 as
Document No. 377358. That this agreement by LINDHORST is based
upon the fact that three private residences, including hers, are
now being served and if other users are served in the future, her
responsibility for maintenance would change proportionally in
proportion to use of said road.
main in Janesville Road along approximately the middle of the
easement described in Exhibit I'D" to a point described as MH
(Manhole 1 2.
3. The sewer main in question shall run from the existing
laterals to the two dwellings located on property owned by them at
their expense within 180 days after construction of the main by
laterals; LINDHORST's lateral from said point will be constructed
the CITY and LEMKE shall be responsible for maintaining said
Exhibit "X" and specially assessed to LINDHORST and LINDHORST
by the CITY to the northern edge of said easement described in
agrees to construct the sewer lateral from the end of the City's
construction at LINDHORST's expense within 180 days after
LEMKE also agrees to execute a temporary construction easement in
construction of the main by the CITY to the LINDHORST dwelling;
the form, a copy of which is attached hereto, made a part hereof
From said point, LEMKE shall have COnStrUCtea sewer
and marked Exhibit "Y"; The CITY shall be responsible for
maintaining the LINDHORST lateral from MH (Manhole) 2 as shown on
Exhibit "D" to the LINDHORST property line after LINDHORST pays
for the construction costs of said lateral: LINDHORST shall at all
times be responsible for mintaining the lateral on the LINDHORST
property.
4. LEMKE and LINDHORST hereby agree to a wavier of special
assessment notice and hearings under Section 66.60(18), Wis.
Stats. as follows:
WAIVER OF SPECIAL ASSESSMENT NOTICES AND HEARINGS UNDER
SEC. 66.60(18), WIS. STATS.
In consideration of the construction by the City of
Muskego, Wisconsin, of the following proposed public improvement,
described as: sanitary sewer in the easement described in Exhibit
"A-1'' from the sewer main in Janesville Road to the point
described in Exhibit "Dm as MH (Manhole) 2, we, the undersigned,
described in Exhibit "B" and "C" attached hereto and made a part
hereby admit that this improvement will benefit our property
hereof, in the City of Muskego and consent to the levying of
special assessments against our premises under Sec. 66.60, Wis.
dollar amount per lineal front foot as charged on the
Stats., for the cost of this improvement which shall be the same
lateral to LINDHORST from the point described in Exhibit "D" as MH
Project and the actual cost of the 0 (Manhole) 2, a copy of said exhibit being attached hereto and made
a part hereof and as further described in Exhibit "X" which is
LINDHOR~T'S is 60 feet. That LEMKE's special assessment shall be
also attached hereto; LEMKE's front footage is 67.5 feet and
67.5 feet times the dollar amount per lineal foot charged on the
assessment shall be 60 feet times the dollar amount per lineal
foot charged on the Ladwig Drive Sewer Project plus
the actual cost of the lateral to LINDHORST from the point
described in Exhibit "D" as MH (Manhole) 2.
T.adwie. Drive Sewer
Ladwig Drive Sewer Project and LINDHORST's special
In accordance with Sec. 66.60(18), Wis. Stats., we hereby
i waive all special assessment notices and hearings required by Sec.
66.60, Wis. Stats., and we further agree and admit that the
benefit to our properties from the construction of this
improvement is in proportion to the lineal footage thereof.
5. This document shall be recorded with the Waukesha County
Register of Deeds and the obligations of LEMKE and LINDHORST
hereunder shall run with the lands described as stated on Exhibit
"B" and "C" attached hereto and made a part hereof.
Dated this day of , 1985.
'0 VICTOR N. LEMRE
a/k/a VICTOR LEMKE
BETTY MAE LEMKE
a/k/a BETTE LEMKE
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#'Exhibit D"
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EXISTING TREES AND SHED
ARE NOT TO BE DAMAGED DUE
T OF THIS PROJECT SHED
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