CCR1989219.-
AMENDED
COMMON COUNCIL- - CITY OF MUSKEG0
RESOLUTION #219-89
AUTHORIZING EXECUTION OF AGREEMENT
(Hillendale Drive - Sewer/Dalsbo)
WHEREAS, Robert Dalsbo has requested the property at W191 S6496
Hillendale Drive be allowed to connect to sanitary sewer, and
WHEREAS, use of the public road right-of-way is needed for
installation of the sewer, and
WHEREAS, the Public Utilities Committee has recommended that
sanitary sewer be made available to the Dalsbo property
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego does hereby direct the City Attorney to prepare
an Agreement between Dalsbo and the City to allow connection to
sanitary sewer at W191 S6496 Hillendale Drive to include that the
private lateral from the City's main to the house will be the
property owner's responsibility, and all costs involved in the
with this project over and above 12% of the total theoretical
connection and all engineering, attorney bills, etc. connected
assessment will be the responsibility of the property owner.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
City.
authorized to sign the necessary documents in the name of the
DATED THIS 22nd DAY OF Augu s t , 1989.
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PUBLIC UTILITIES COMMITTEE
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Ald. Harold L. Sanders
I Ald. William T. Simmons
Ald. David J. Sanders
I ATTEST :
I City Clerk
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AGREEMENT
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UHEREAS, Robert Dalsbo referred to as "DALSBO", wishes to
construct a certain sewer lateral, part of which w*ill be on
property owned by the CITY OF MUSKEGO, hereinafter referred to as
"CITY"; and
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UHEREAS, under the following terms and conditions, the CITY
is willing to allow the construction of such a lateral. I/' -.
NOW, THEREFORE, for valuable co sideration, acknowledged by
both parties,
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IT IS AGREED $5 FOLLOWS:
1. That DALSXI shall cause a sewer lateral to be
constructed from the sewer main at the end of Hillendale Drive to
the property descr',jed on/xhibit "l", which at the time of
execution of this Agreement is owned solely by DALSBO, so as to
connect the residezce t ereon to sewer service within the
property described on Exhibit "2" all under the direction and as
required by the City Engineers of the CITY or its properly
authorized representative; that said sewer lateral shall be
constructed solely at the expense of DALSBO, who shall obtain all
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necessary governmental /I; approvals, all to the satisfaction of the
City Engineers or rts representative; that said lateral shall be
constructed as approved by the City Engineers and/or its
representative and under its supervision and all CITY property
shall be restored to the condition required by the City
Engineers; ehat said construction shall be inspected by the City
Engineers or its representative and all c0.st.s to the CITY
including /but not limited to, fees of the City Engineers, City
Attorney, reserve capacity assessment, permit fees, recording
fees as estimated on Exhibit "3" due to this project shall be
paid by DALSBO upon receipt of the bill, and upon execution of
this Agreement, DALSBO shall deposit with the CITY the sum of
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.$ -0 - , which the CITY may draw on to pay said fees as
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incurred and any balance left in said account after all bills
are paid, if any, shall be returned to DALSBO.
2. That said entire lateral shall be completely constructed
within 12 (twe1ve)months from the date of this Agreement or this
Agreement is null and void and all amounts held by the CITY
forfeited to the CITY as liquidated damages. That all of said
sever lateral shall be maintained by the owner of said parcel
described on Exhibit "1" to the CITY'S sole satisfaction by
DALSBO and their successors in interest to the parcel described
in Exhibit "1" and this agreement as to said maintenance shall be
a covenant running vith the land. -
3. That DALSBO is responsible for the expenses of the
construction stated above, the completion of the construction
stated above and all of the fees and costs referred to above and
maintenance of the lateral in the CITY'S right-of-way and shall
inderonify and hold harmless the CITY 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 the
attached Exhibit "1 ".
6. That DALSBO is responsible for execution of Resolution
#218-89 and all conditions contained therein.
Dated this day of , 1989.
By :
Robert Dalsbo
a STATE OF WISCONSIN)
) ss.
COUNTY OF WAUKESHA)
Personally came before me this day of
1989 the above named Robert Dalsbo, to me known to be the person
who executed the foregoing instrument and acknowledge the same.
NOTARY PUBLIC, STATE OF WI
My commission expires
Dated this day of , 1989.
CITY OF MUSKEGO
By :
WAYNE G. SALENTINE, Mayor
By :
JEAN K. WRENDA, Clerk
STATE OF WISCONSIN)
) ss.
COUNTY OF WAUKESHA)
Personally came before me this day of
1989 the above named WAYNE G. SALENTINE as MAYOR and JEAN K.
MARENDA as CLERK of the CITY OF MUSKEGO to me known to be the
persons who executed the foregoing instrument and acknowledged
the same.
MCC: M-DalsboAg
NOTARY PUBLIC. STATE OF WI
Hy commission expires:
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 821 9-89
AUTHORIZING EXECUTION OF AGREEMENT ,’
(Hillendale Drive - Sewer/Dalsbo) I’
WHEREAS, Robert Dalsbo has requested the proper/t; at W191 56496
Hillendale Drive be allowed to connect to sanitary sewer, and
WHEREAS, use of the public road right-of-way is needed for
installation of the sewer, and
WHEREAS, the P recommended that
sanitary sewer
NOW, THEREFORE on Council of the
City of Muskeg Attorney to prepare
an Agreement b allow connection to
sanitary sewer e to include that the
private latera house will be the
property owner ts involved in the
connect ion and Is, etc. connected
with this proj of the property
owner.
BE IT FURTHER erk are hereby
City.
authorized to n the name of the
DATED THIS
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PUBLIC UTILITIES COMMITTEE
Ald. Harold L. Sanders
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ATTEST : 1
City Clerk
8/89
jZ
Ald. William T. Simmons
Ald. David J. Sanders