CCR1989246COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION fi246-89
AUTHORIZATION TO EXECUTE AGREEMENT (RESOLUTION fi219-89)
AMENDMENT TO FINAL RESOLUTION #218-89 AND
(Hillendale Drive - Sewer/Dalsbo)
WHEREAS, Robert Dalsbo is in the process of selling his
property addressed at W191 S6496 Hillendale Drive with closing
to be within the next two months, and
WHEREAS, Robert Dalsbo has requested that execution of the
Final Resolution #218-89 and Agreement Resolution fi219-89
adopted by the Common Council on August 22, 1989 be the
responsibility of the prospective new owners.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego does hereby approve execution of an amendment
to Final Resolution #218-89 to allow execution by the
prospective new owners of this property and to allow for an
extension of time for execution of the Resolution to November
1, 1989 and an amendment to Resolution #219-89 to allow for the
execution by same.
insertion of the names of the prospective new owners and 0
DATED THIS 12th DAY OF September , 1989.
Wayne G. Salentine, Mayor
ATTEST :
City Clerk
9/89
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AGREEMENT
WHEREAS, Brian L. h Patricia A. Katcha referred to as
"KATCHA", wishes to construct a certain sewer lateral, part of
which will be on property owned by the CITY OF MUSKEGO,
hereinafter referred to as "CITY"; and
WHEREAS, under the following terms and conditions, the CITY
is willing to allow the construction of such a lateral.
NOW, THEREFORE, for valuable consideration,
both parties,
.>
IT IS AGREED AS FOLLOWS:
acknowledged by
1. That KATCHA shall cause a sewer lateral
constructed from the sewer main at the end of Hi
to be
llenda le Drive to
the property described on Exhibit "l", which at the time of
execution of this Agreement is owned solely by KATCHA, so as to
connect the residence thereon 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 KATCHA, who shall obtain all
necessary governmental approvals, 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 costs 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 KATCHA upon receipt of the bill, and upon execution of
this Agreement, KATCHA shall deposit with the CITY the sum of
$ -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 KATCHA.
2. That said entire lateral shall be completely constructed
within 12 (twelve) 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
sewer lateral shall be maintained by the owner of said parcel
described on Exhibit "1" to the CITY's sole satisfaction by
DALSBO and their successars in interest to the parcel described
in Exhibit "1 " and this agreement as to said maintenance shall be
a covenant running with the land.
3. That KATCHA is responsible for the expenses of the
0 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
indemnify and hold hamless 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 KATCHA is responsible for execution of Resolution
H218-89, as amended, and all conditions contained therein.
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Dated this day of , 1989.
By :
Brian L. Katcha
By :
Patricia A. Katcha
STATE OF WISCONSIN)
COUNTY OF WAUKESHA)
) ss.
Personally came before me this day of
1989 the above named BRIAN L. h PATRICIA A. KATCM. 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 MUSKEG0
By :
WAYNE G. SALENTINE, Mayor
By :
JEAN K. MARENDA, Clerk
STATE OF WISCONSIN)
COUNTY OF WAUKESHA)
) ss.
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.
Personally came before me this day of
NOTARY PUBLLC, STATE OF WI
My commission expires:
MCC: M-DalsboAg
COMMON COUNCIL - CITY OF HUSKEGO.
RESOLUTION #246-89 ..
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AMENDMENT TO FINAL RESOLUTION #218-89-AND ~' .
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AUTHORIZATION TO EXECUTE AGREEleNT (RESOLUTION #219-89) -
(Hillendale Drive - SewerjDalsbo)
WHEREAS, Robert Dalsbo is in the process of selling his.
property addressed at W191 S6496 Hillendale Drive with closing-.
to be within the next two months, and
WHEREAS, Robert Dalsbo has requested that:.execution of. the - -
Final Resolution 6218-89 and Agreement Resolu,cion #219--89
adopted by the Common Council on .August 22, 1989 be th~e -
responsibility of the-prospective new owne'rs.~-- -
NOW. THEREFORE, BE IT RESOLVED that the Common CounciL of .the
City oE Huskego does hereby approve execution^ of.an amendaent
to Final Resolution 6218~-89 to allow exqcutiorby the . -
prospective new owners of this property and to allov fot an
extension of time for execution. of th.e- Resolution to Noveaber
1, 1989 and an amendmenc to Resolution t219-89 to alIow for th-e
insertion of the names of the prospective new owners and
execution by same. - _.
DATZD THIS 12 th DAY OF September- , 1989.
..
a
Wayne G. .Salentine, hayo or . .
ATTEST: .~
-
City Clerk
9/89
jz
..
EXHIBIT 1
PAFCEL 2 OF CERTIFIED SURVEY MAP NO. 5919, BEING A DIVISION OF A
PART OF THE SE 114 OF THE N/E 114 OF SECTION 5, T5N, R20E, IN THE
CITY OF MUSKEGO. WAUKESHA COUNTY. WISCONSIN RECORDED 8/11/89 IN
VOLUME 48 OF CERTIFIED SURVEY MAPS PAGES 191, 192 and^ i 93'AS
DOCUMENT NO. 1549759.
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EXH HIS IT 2
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EXHIBIT 3
FEES TO BE PAID UPON EXECUTION OF AGREEMENT:
Attorney Donald Molter $1 50.00
(Check made payable to the City of Muskego)
Recording Fee $1 4.00
(Check made payable to the Register of Deeds)
(Credit given in the amount of $602.91)
(12% of total front foot assmt. of $5,024.21)
NO AMOUNT DUE
FEES TO BE PAID UPON OBTAINING A PERMIT:
Sewer Lateral Permit $25.00 2
plus lO+/ft. over 100'
Street Opening Permit $400.00 or $600.00
depending on the size (not refundable)
Permit Fee $40.00
Connection Fee $500.00
FEES TO BE PAID AT TIME OF SEWER CONNECTION:
RCX
(Reserve Capacity Assessment - currently $1,770.00)
PAYMENT OF FRONT FOOT ASSESSMENT:
See Resolution 6218-89
SEWER USAGE :
Placed on tax bill annually
(Currently $375.00 for single family residence)