CCR1986243c’
RESOLUTION #243-86
APPROVAL OF AGREEMENT BETWEEN CITY OF MUSKEG0
(SEWER LAGOON ABANDONMENT)
AND DOROTHY VESBACH
upon the recommendation of the Public Sewer Committee, does
BE IT RESOLVED that the Common Council of the City of Muskego,
hereby approve of the Agreement between the City of Muskego and
Dorothy Vesbach concerning the sewer lagoon abandonment as
attached hereto and made a part hereof, with the $40,000
payment to Vesbach to be the responsibility of the Sewer
Utility.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to execute said Agreement in the name of the City.
BE IT FURTHER RESOLVED that if said Agreement is not signed by
Dorothy Vesbach within 30 days of the date of this approval,
said approval shall be null and void.
DATED THIS I]& DAY OF , 1986.
PUBLIC SEWER COMMITTEE
ATTEST:
City Clerk
11 I86
jm
AGREEMENT
WREREAS, the CITY OF HUSKEGO, her'einafter referred to as
"CITY", and WALTER VESBACA 6 DOROTAY VESBACH entered an agreement
dated March 28, 1967 vhereby the CITY leased certain lands from
Walter & Dorothy Vesbach and which the CITY operated a sever
treatment facility; and
WHEREAS, DOROTHY VESBACH, hereinaEter referred to as
I'VESBACH", is the successor in interest to Walter Vesbach and
Dorothy Vesbach a6 to ovnership of the land affected by the above
mentioned agreement and to the interest of Walter d Dorothy
Vesbach in the agreement stated above; and
WHEREAS, the CITY and VESBACA entered an additional
agreement concerning said property dated January 28, 1981; and
WHEREAS, VESBACH is at the time of execution of this
document, the sole owner of all interests in the real estate in
question and the ovner of all of the interests in the agreements
stated above other than that of the CITY; end
WHEREAS, as a part of the agreements stated above, the CITY
agreed to make certain restoration to the property in question at
the termination of said agreeme'nts; and
L'HEREAS, the CITY ha.s made certain restoration as to the
property of vhich VESBACR is fully informed; and
WHEREAS, the CITY is villing to make all restoration
required by said agreements, but VESBACH has requested a cash
payment in lieu of any further restoration and responsibility by
the CITY under said agreements.
NOW, THEREFORE, for valuable consideration acknovledged by
each party,
IT IS HEREBY AGREED AS FOLLOWS:
1. That on execution of this agreement, the CITY will pay
VESBACH $40,000.
2. That on execution of this agreement, the two agreements .e stated above shall terminate and the CITY shall have no Eurther
0 responsibility under said agreements, the payment of said $40,000
being in lieu of any further responsibility on the part of the
CITY.
3. That VESBACH has received a copy of the letter attached
hereto and marked Exhibit "A"; that VESBACH hereby releases the
CITY and/or any of its agents, officials, or employees from any
further responsibility under the agreements in question and as tO
the property in question.
4. That VESSACH warrants and represents that she is the
sole owner of all interests in the lands subject to the
agreements of Harch 28, 1967 and January 28, 1981 and the sole
owner of all interests in said agreements other than that of the
CITY.
5. That this agreement shall be binding upon and inure to
the benefit of the parties hereto, their heirs, personal
representatives, successors and assigns.
Dated this - k& day of +y,, - , 1986.
CITY OF MUSKEGO
BY :- ""
Wayne G. Salentine, Mayor
By:
Charlotte L. Stewart, Clerk
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
)ss.
Personally came before me this day of
1986, the above named WAYNE G. SALENTINE, as Mayor, and CHARLOTTE
L. STEWART, as Clerk, of the CITY OF UUSKEGO, to me known to be
the persons who executed the foregoing instrument and
acknovledged the same.
-
NOTARY PUBLIC, STATE OF WI ny commiasion:
-2-
Dated this "" day of ""
, 1986.
"
DOROTHY VESBACB
-
STATE OF WISCONSIN
COUNTY OF WAUKESHA )
15s.
Personally came before me this day of
1986, the above named DOROTHY VESBACH, to me known to be the
person who execute the foregoing instrument and acknovledged the
same.
NOTARY PUBLIC, STATE OF WI
Hy commission: - ~
THIS INSTRUHENT WAS DRAFTED BY:
Attorney Donald S. Molter, Jr.
ARENZ, HOLTER, MACY & RIFFLE, S.C.
916 Clinton Street, P. 0. Box 1348
Waukesha, Wisconsin 53187-1348
-3-
September 2, 1986
Mr. Charles Pape
Southeast District Engineer
Department of Natural Resources
2300 N. Martin Luther King, Jr. Drive
Milwaukee, WI 53212
Dear Mr. Pape:
This is to advise that the sludge removal has been completed
at both the Woods Road Treatment Plant lagoon and the
McShane Treatment Plant lagoon in accordance with all plans
and specifications.
Yours very truly,
Wayf;e G. Salentine
Mayor
WGS f ca
cc: City Clerk
Ald:rmen
Mr. Tom Renner - Ruekert h Mielke