CCR1986264RESOLUTION /1264-a6
APPROVAL OF AGREEMENT BETWEEN CITY OF MUSKEG0
AND CARTERIWEIHER
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Sewer Committee, does
hereby authorize the Mayor and Clerk to execute the attached
agreement between the City of Muskego and Thomas J. and Nancy
K. Carter and Robert T. and Joyce A. Weiher pertaining to the
construction of a sewer lateral.
AJA. HaroldVL.'
AGREEMENT
WHEREAS, THOMAS J. CARTER 6 NANCY K. CARTER, his wife, and
ROBERT T. WEIHER 6 JOYCE A. WEIHER, his wife, wish to construct a
certain sever lateral, part of which will be on property owned by
the City of Muskego; and
WHEREAS, under the following terms and conditions, the City
of Muskego is villing to allow the construction of such a
lateral.
NOW, THEREFORE, for valuable consideration, acknowledged by
both parties,
IT IS AGREED AS FOLLOWS:
1. That Thomas J. Carter 6 Nancy K. Carter and/or Robert T.
Weiher 6 Joyce A. Weiher shall cause a sever lateral to be
constructed in the ditch of the City right-of-way along McShane
Drive from an end of a sewer main to the east of the property
described on Exhibit "I" to the vest property line of Parcel 2
described on Exhibit "I" , all under the direction and as required
by the City Engineers of the City of Muskego or its properly
authorized representative; that said sever lateral shall be
constructed solely at the expense of Thomas J. Carter 6 Nancy K.
Carter and/or Robert T. Weiher 6 Joyce A. Weiher who shall obtain
all necessary governmental approvals including that of the State
of Wisconsin and all to the satisfaction of the City Engineers or
its representative; that said lateral shall be constructed as
approved by the City Engineers and/or its representative and
under its supervision and all City property shall be restored to
the condition required by the City Engineers; that said
construction shall be inspected by the City Engineers or its
representative and all fees of the City Engineers due to this
project shall be paid by Thomas J. Carter 6 Nancy K. Carter
and/or Robert T. Weiher 6 Joyce A. Weiher upon receipt of the 6' &5
bill. fl$
i
Q" ,\b
2. That said lateral shall be constructed within- 14
months from the date of this agreement and prior to the issuance
of any building permits for construction upon Parcel 2 of
attached Exhibit "1" and connection of the residence located on
Parcel I of Exhibit "1" shall take place prior to nine months
from the date of this agreement; both Parcel 1 and Parcel 2 of
Exhibit "1" are subject to any and all City connection fees,
reserve capacity assessments, permit fees and any other
assessments; that that portion of the lateral from the property
line on each parcel to the building shall be the property of the
ovner of said parcel who shall be responsible for the maintenance
of the same; as to the lateral from each of the property lines of
each of the parcels to where it connects to the City of Muskego
sewer main, that portion of the lateral upon the property of the
City of Muskego shall be maintained by Thomas J. Carter 6 Nancy
K. Carter and/or Robert T. Weiher 6 Joyce A. Weiher and their
successors in interest to the parcels in question and this
agreement as to said maintenance shall be a covenant running with
the land.
3. That Thomas J. Carter and Nancy K. Carter and Robert T.
Weiher and Joyce A. Weiher are all jointly and severally
responsible for the expenses of the construction stated above,
the completion of the construction stated above and all of the
engineering fees stated above and maintenance of the lateral in
the City's right-of-way and shall indemniEy and hold harmless the
City of Muskego from any claims growing out of said construction
and maintenance.
4. That this agreement shall be binding upon and inure to
the benefit of the parties hereto, their heirs, personal
representatives, successors and assigns.
5. That this document shall be recorded with the Waukesha
County Register of Deeds as to the property described in attached
Exhibit "I".
Dated this "- day of , 1986.
""
THOMAS J. CARTER NANCY K. CARTER
-2-
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
)ss.
Personally came before me this day of "
"" 9
1986, the above named THOMAS J. CARTER 6 NANCY K. CARTER to me
known to be the persons vho executed the foregoing instrument and
acknowledged the same.
NOTARY PUBLIC, STATE OF WI
My commission expires: ___"_
Dated this day of ""I 1986.
ROBERT T. WEIHER
STATE OF WISCONSIN
"- ""
JOYCE A. WEIHER
)ss.
COUNTY OF WAUKESHA )
Personally came before me this
""
day of
""
1986, the above named ROBERT T. WEIHER 6 JOYCE A. WEIHER to me
known to be the persons vho executed the foregoing instrument and
acknovledged the same.
-
NOTARY PUBLIC, STATE OF WI
My commission expires: "-
Dated this day of
""
1986. v
CITY OF MUSKEG0
Wayne G. Salentine, Mayor
By:"""""
Charlotte L. Stevart, Clerk
STATE OF WISCONSIN
COUNTY OF WAUKESHA )
)ss.
-3-
Personally came before me this 0 1986, the above named WAYNE G. SALENTINE as MAYOR and CHARLOTTE
day of
L. STEWART as CLERK of the CITY OF MUSKEG0 to me knovn to be the
persons uho executed the foregoing instrument and acknovledged
the same.
NOTARY PUBLIC, STATE OF WI
My commission expires: -
THIS INSTRUMENT WAS DRAFTED BY:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY 6 RIFFLE, S.C.
916 Clinton Street, P. 0. Box 1348
Waukesha, Wisconsin 53187-1348
-4 -
. .
CERTIFIED SURVEY MAP NO.
a division or Certlfled Survey Map NO. 1330 In the Northwest 1/4 of the
Southwest 1/4 Or Section 12. Town 5 North, Range 20 East, In the City
or Muskego. Uaukesha County, Ulsconsln.
. . .,.
EXHIBIT "1 "
LEGAL DESCRIPTION
PT SW 1 /4 SEC 12 T5N R20 E COM SW COR TH N 1331.69 FT TH N86
10'E 864.06 FT TH N3 50' W 50 FT THE BGN TH N3 50' W 200 FT
TH N86 10'E 225 FT TH S3 50' E 200 FT TH S86 1O'W 225 FT TO
BGN 1.03 AC CERT SURV 9/44 VOL 1220/559 DEEDS