CCR1990214I COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 1/21 4-90
KKISTI
WHEREAS, t
Inc. has a
into an Ag
attached,
corporatio
WHEKEAS, t
NOW, THERE
City of Mu
Committee,
"Agreement
Kristin Do
Water Syst
BE IT FUKT
authorized
they belie
believe as
DATED THIS
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H
'V 'e
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DOWN HOMES ASSOCIATION, INC. AND CITY OF MUSKEG0
APPROVAL OF AGREEMENT BETWEEN
(Water System)
e membership of the Kristin Down Homes Association,
thorized the officers of said corporation to enter
eement with the City of Muskego, a copy of which is
onveying the assets of the water utility owned by this
to the City of Muskego, and
e Public Utilities Committee has recommended approval.
ORE, BE IT KESOLVED that the Common Council of the
kego, upon the recommendation of the Public Utilities
does hereby authorize the Mayor and Clerk to sign the
n Homes Association, Inc. and to Incorporate Said
to Assume Certain Assets and Liabilities of the
m Into a Municipal System", as attached.
ER RESOLVED that the Mayor and Clerk are further
e to be in the best interest of the City, and they
to make any changes in any of the closing documents
not a material change in the agreement.
25th DAY OF September , 1990.
PUBLIC UTILITIES COMMITTEE
Ald. Daniel J. Hilt
Ald. William T. Simmons
Ald. David J. Sanders
ATTEST :
City Clerk1 ~
9/90
jz
I RESOLUTION I KRISTIN DOWN HOMES ASSOCIATION, INC.
BE IT RESOLYD that the Kristin Down Homes Association, Inc., a
Non-profit Wisconsin Corporation, held a properly noticed and
called meeting of its membership on the day of ,
1990.
BE IT E'LIRTFR RESOLVED that a quorum of said membership at a
properly noticed meeting of the same did authorize, by the vote
necessary, 1 and , two
officers of1 said corporation, to enter into an Agreement, a copy
of which is1 attached-hereto and made a part hereof, conveying
assets of the water utility owned by this corporation to the City
of Muskego ,on the terms and conditions therein stated and to
deem necessary to close the same.
execute anyl and all documents or take any other actions that they
BE IT !?UFCH!ER RESOLVED that said officers are also authorized to
enter any almendments to said Agreement which they, at their sole
discretion, believe to be in the best interest of the corporation.
DATED this day of , 1990.
!
KRISTIN DOWN HOMES
ASSOCIATION, INC
i By:
I President
I am t~he Secretary of said corporation and I hereby certify
that said Resolution was passed and adopted at a properly noticed
meeting of paid corporation at which a quorum was present by the
vote indica:ted.
I Secretary
AGREEMENT TO ASSUME CERTAIN ASSETS AND LIABILITIES OF I KRISTIN DOWN HOMES ASSOCIATION, INC. AND TO
INCORPORATE SAID WATER SYSTEM INTO A MJNICIPAL SYSTEH
THIS AGREEMENT is entered into this day of #
1990, by anb between KRISTIN DOWN HOMES ASSOCIATION, INC., a
Wisconsin nbnprofit, nonstock corporation (hereinafter referred to
as "ASSOCIATION") and the CITY OF MUSKEGO, Waukesha County,
Wisconsin (bereinafter referred to as "CITY").
1 RECITALS WHERE&, the ASSOCIATION presently operates a private water
system serving the domestic water needs of those subdivisions
known as KJISTIN DOWN SUBDIVISION legally described in Exhibit A
attached hdreto and incorporated herein by this reference
(collectively, the "SUBDIVISION"); and
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WHERE$, the ASSOCIATION is desirous of conveying and
dedicating !to the CITY certain of its water service assets and
facilities
: and (the "ASSET'S")
more particularly described in the attached Exhibit B I
WHEREAS, the members of the ASSOCIATION at its meeting on I I by the necessary vote authorized certain of
I its officer's to enter into this Agreement providing for the
transfer of: the ASSETS to the CITY upon the term and conditions
set forth kerein; and
authority, lpursuant to its Articles of Incorporation and By-Laws
to enter into this Agreement: and
WHEREA, the ASSOCIATION represents that it has the right and
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WHEREAS, the CITY has determined it to be in the best I
interest 06 their citizens and specifically to be in the best
icterest of; the members of the ASSOCIATION that the ownership and
operation df the ASSETS be transferred to the CITY to be operated
as a part of the existing water utility presently operated by the
CITY: I
NOW, 'II-EE.XEFORE, the parties hereto agree and covenant as
follows: 1
1. TRANSFER OF TITLE. The ASSOCIATION Will transfer the
ASSETS to the CITY at a closing to take place at the CITY AALL on
or before the day of , 1990 (the "CLOSING"). At
the CLOSING
ownership of the ASSETS.
of those attached hereto as Exhibit C to transfer in the form
the ASSOCIATION will execute instruments of conveyance
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2. WARRANTY OF TITLE. The ASSOCIATION warrants and
represents khat as of the date of execution of this Agreement, the
ASSOCIATION
warrants that It will take no action to encumber the ASSETS after
shall remain true at the time of CLOSING. The ASSOCIATION also
the CITY, and such warranties and representations the same to
of conveyance, and full right and authority to convey instruments
encumbrances, except as may be indicated in said liens and
has good right and title to the ASSETS free from all
the ASSETS br their fitness or utility for any purpose, and the
makes no wa!ranties or representations regarding the condition of
CLOSING it will have no debts or liabilities. The ASSOCIATION
the CLOSING. The ASSOCIATION also warrants that at the time of
agrees that, it has inspected the ASSETS and is fully satisfied
appropriate )rior to the CLCSING. The CITY acknowledges and
ASSETS evep.1 though some such repairs may have been necessary or
responsibiliity for all repairs and maintenance relating to the
CITY agrees to accept the same in AS IS condition and assume full
with the condltion thereof.
1.
I.
3. REkOGNITION OF BEPJEFITS; CONSIDERATION. The CITY
acknowledges and agrees that the ASSETS have a value at least
equal to th:e charges ("WCA CHARGES") that otherwise would be
imposed on !such members for becoming connected to the CITY'S water
system and ifor water capacity through the municipal water service
of the CITY. The CITY further acknowledges and agrees that the
CITY and arleas outside the SUBDIVISION will benefit from the
transfer to: the CITY of the ASSETS at least to the extent of such
value. Therefore, in consideration of the transfer of the ASSETS
to the CITY, the CITY shall credit each lot within the SUBDIVISION
against the: WCA CHARGES an amount equal to 100% of such charges
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attributable to each and every lot within the SUBDIVISION, except
that with rispect to any such lot upon which no dwelling unit has
been constructed as of the date hereof, the foregoing credit shall
be limited to Five Hundred Twenty-Two and No/100 ($522.00)
Dollars. At the CLOSING, the CITY shall deliver to the ASSOCIATION
a CEKl'IFICATE AND WAIVER in the form of that attached as Exhibit D
for each loi within the SUBDIVISION.
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I 4. ASSUMFTION OF RESPONSIBILITY. After the CLOSING has
occurred, the CITY shall assume full title ownership of the ASSETS
and all reskonsibility for the water service needs of the
subdivisions known as KRISTIN DOWN SUBDIVISION. The CITY hereby
agrees that! the quality and quantity of water being supplied and
water service being furnished will be as required by the Wisconsin
Administrative Code and as may be regulated by the Wisconsin
P1;Slic Service Commission.
5. RES?O?JSIBILITY FOR WATER USAGE. The ASSOCIATION agrees
that special assesssents may be levied against all properties
benefited bb any future projects performed by the CITY (including,
but not limited to, those properties now owned by members of the
ASSOCIATION') and the credit against the WCA CHARGES described
above shall1 r!ot constitute a waiver of the CITY'S right to levy
and collectlany future special assessments (including water
capacity as?essments) not representing any portion of the WCA
CHARGES described above. The ASSOCIATION further acknowledges
that on the execution of this Agreement and thereafter, all water
users within this system will become customers and users under the
municipal wAter system of the CITY and subject to all rules,
charges, connection costs, costs of meters and related connection
costs such as meter horn and internal plumbing, etc. and
regulations; thereof as uniformly applied.
acknowledges that it is aware of all rights it and its members may
have under Chapter 32 of the Wisconsin Statutes, but agrees that
the benefit! resulting from this transfer of the ASSETS to the
CITY including, but not linited to, the credit against the WCA
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6. EMThTKT DOMAIN RIG€TS WAIKD. The ASSOCIATION
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CHARGES sha,ll be deemed equal in value to the ASSETS being
dedicated And, therefore, other than the consideration described 0 in this Agreement, is requesting no further compensation and any
further rights under Eminent Domain Law or similar laws are hereby
waived. I
I 7. SU,RVIVAL AND ENFORCEMENT OF TERMS. The terms of this
Agreement which are not completely performed upon the transfer of
title of tlie ASSETS of the ASSOCIATION to the CITY shall survive
the transfer of said ASSETS and shall continue to be enforceable.
IN COdSIDERATION of the mutual covenants and promises herein,
we have set1 our hands and seals on the date first above written.
KRISTIN DOY- HOME
ASSOCIATION,, INC.
I CITY OF MUSKEGO
By: I By:
I President Wayne G. Salentine, Mayor
By: I By:
Secretary Jean K. Marenda, Clerk
THIS INSTRU'EXT WAS DRAETED BY:
Attorney D4nald S. Molter, Jr.
ARENZ, MOLTlER, MACY h RIFFLZ, S.C.
Waukesha, Wisconsin 53187-1348
720 N. East/ Avenue, P. 0. Box 1348
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EXHIBIT A
Lots nurrbered one through eighty-three and Outlots one, two,
three Tnd four in "Kristin Down", a part of the Northeast
1 /4, Soctheast 1 J4, Southwest 1/4 and Northwest 1/4 of the
Southeast 1/4 and the Southeast 1/4 of the Southwest 1/4 of
Section 9. Tom 5 North, Range 20 East, City of Muskego,
Waukesha County, Wisconsin, according to the Plat thereof
recorded on June 10, 1976 in Vol. 43 of Plats at Pages 84
through 06 as Document Xo. 954014. Also X!547/854 QCD 6Jb3 I i I I
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Localtion: Outlot I, access from uisth ct.
Well1 Depth: 1400 Ft.
Wrlll Dianeter:
Well1 Pumping test data:
8 In.
Dap: 5/7/77
Stptic Water Level: 282 Ft.
Rrmping Water Level: 480 Ft.
&ing ate: 500 GPH m Type: Oil lubricated line shaft
Fump duty poht:
Pump
pres?- tar& size: 5000 Gal.
~1-c motor: 75 Xp, 460 Volt
colu? diameter: 6" x 2 1/2' oil tubing PLEIF
setting: 490 Ft.
Pap "fg .-. h mode1 : ~ori-~ackkon 8' l&Q.
400 GPH @SO9 pt. 2.5i Stage
Welll8o. 2
Well
Loation: Outlot 3, access from St. Leonzrd's Dr.
depth: 900 It.
Eel1 Diazeter: 8 In.
well -pins test data: Test date: Yxck 1978
static eter ?eye:: 310 Ft.
,FlZqiEg vater level: 360 Ft.
kk?hq rate: 80 GR4
~mp I type : S&ners*le
P- Jyzg. .S moScl: FEDA hI'S5-14-VXS
duty point: 610 fu.. @ 80 GX
500 R.
1~31~111 diceter: 3 In.
Eledric nctor: 2G Ep, 460 Volt
-~~ess~r Q* size: 5000 Gal.
RGEERT h MiELKE, INC.
E239 N1812 Rockwoo6 Dr.
Corsul t ing Engineers
Waukesha, WI 53188-1113
October 25, 1988
......... .... ...
...............................
and..C.I.?..Y, ,DF ...M.US.I(E C.ormra.t.i.aa ...
.... ....
...............................
Witnesseth, 'I
........................... Cne dollar and .oth
conveys to Grantee the foll
County, State of Wisconai
out lots 1 and 3.
the Southeast On<
Southeast One-qu:
One-quarter of St
County of Waukesl
Tax Key No. 2196.
2196.
This ..................... is not
(is) (la no1
~. . " I #de
I I
G. I I
:. .!.
...
....
...
....
I ....
t)
Together with all and
And.. .K.~.i.sti.!..D.
warrants that the title is go
I
easements and re,s l
and ail1 warrant and defend
Dated this I ... I
..... ......... .. ~. . . ~ . ".
between .......................................................... KRISTIN DOWN HOMES
,a. .N.Q.n.-DE.O.f.i.t. .W.i.$.C.R!ISin ..........
..................... ,., Grantor.
............. ....... ...
o.,. .a...wisc.o.ns.in. .~.unl.cipal. ...
............. ...
........ ..... ......
............................... ,., Grantee,
t the mid Grantor. for a valuable eonaideration.0.f
.. ....
ing described real estate in .Wa.u.ke.sh.a. nLTuRN1O City of Muskego
.g9.0.d .a.r?d. .va.l.uabl.e, .consideratior!
P. 0. Box 903
Muskego, WI 53150
Tax Parcel No: ...................................
ristin Down, being part of the Northeast One-quarter,
ter, Southwest One-quarter and Northwest One-quarter of
quarter and the Southeast One-quarter of the Southwest
tion 9, Town 5 North, Range 20 East, City of Muskego,
, State of Wisconsin.
30 - Outlot 1
32 - Outlot 3
__.. homestead property.
aingular the hereditnmenta and appurtenances thereunto belonping;
..... od, indefeasihle in fee simple and free and clear of~enrumhranrer except recorded ow.n.,.Homes. .A~s.s.o.~i.a.t.i.o.n., .I nc..
trictions and municipal and zoning ordinances,
the same.
...
I
dny of .. .......... .................................. ...... 19. KRISTIN DOWN HOES ASSCIATI~N, INC.
I
...... ..... ... (SEAL) BY:^ ... I (SEAL)
1 ................................................
................................... ...... (SEAL) By!
...... .......................... ... I I AUTHENTICATION
... ... __(SEAL)
... ... ....
ACKNOWLEDGMENT
~ ................ ........................................... I ! I 1 ss. ............................................................................... ~- ...................................
" I County.
authenticated thie ........ day of ................. ., 19 ...... l'ersonnll? rnme before me this ............ .day of
I ...... ... ........................................................... .. _, 19 .._._ the abort namd
. I ...............
...............................................................
TITLE: NENBER STATE B.4R OF n'lSC.ONSIN
............. ... .............................
.... ................................................
(If not, ..................................................... I
authorized by 6 706.06, Kin. Stats.) ............ ....................................
to me know to be the person ..... who exerutcd the
foreroinr in3trunlcnt nnd acknorrledpp the same.
THIS INSTRUMENT WAS DRAFTED BY
......... ... ...... ... ... ............................................................ Attorney DonaldlS. Molter 1 ......... Jr 1. .....
W.aukesha.,. .MI. .53.18.7.=13.48 ................... Notary publir ........
P. 0. Box 1348 I . ... ........... ...
.........
(Simalurrr may be authedticatpd or arknoaledrpd. Both hl!- C.ommission is permanenl. (If not, state expiralim
~.County. Xi?..
10. Srosl ddree I
1l.TuFgcdmbs I
12 La m.16) 1 Bk rn.(tJ
Aa! me I
13. hn- TMV I
14. hUdF4bll - md drds:
ld4mpeilmrcss6yl
Outlots 1 and 3, Kristin Down, being part of the Northeast One-quarter, Southeast One-quarter, Southwest One-quarter and Northwest One-quarter of the eoutheast One-qu'arter and the Southeast One-quarter of the Southwest One-
qxarter of Secti'on 9, Town 5 North, Range 20 East, City of Muskego, County of
Waukesha, State of Wisconsin.
T~Y upv Yn. 7~9~1 170 - nt+l-t 1 . 77QF 1?7 - fir+ I++ 7
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DISTRICTSUPERVISOR'S COPY
"-.-I- """ ~-.-,- .. .. .~. . . "::v."-~?"."rZ_
AFPlDhVlT AS TO CONSTRUCTION LIENS AND AS TO POSSESSION
WISCONSIN DIVISION
, belng first duly sworn, deposer md nyt:
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of Kristin Down kmes Association, Inc.,,,orporation,whichLrthc I
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KRISTIN DOWN I ......................... :orporatlon ..............................
.c*. .Of, .MCSkEG0.. . a ... .......................
HOI I
... ..I.
..., w . '1.
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DIU OF SALE
ME5 ASSOCIATION INC. a Non-Profit Wisconsin ........................ ).........I.. ......................................................
................................................................ ,, Seller. hereby conveys u,
............................ .. ...................... .................................. isC.??.s1? .. Mun1c?.pa1. ,~o~F!?.rat.1o?...Buver.for1roodmdv~luablcwnsider~tion
I
Seller hereby warranls and
right to sell the same and Seller will W~ITM~ and defend the same agsinrt the lauful claims and demands of all persons. except none.. repyerents that Seller owns said personal propeny free and clear of all liens and encumbrances. thal Seller has
...... ...... ....... ...... ... I
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.......
No;: The above warranty applies oby to tille. if there are an) Mher warranties or rrpresentationr as IO othcr characteristics of the personal
..
propeny. a separate agreemen1 musl 'k drahed.
Dated this .... .I.. .... day of
......... ...........
.......... ! ..
I ......................... I
ACKNOWLE+EMENT
TATE OF WISCONSIN
................. .a nonally came before me this .....................
Byof .... .......................... I 19 .....
................. ! ... ..
IC abovcd named ..... .. I ....
....... I .......... ..
! .......................................... ...
,me know robe thepcnon .... ~ . . who executed the
,regoing instrument and acknowledged thr same. I
..... ! ..
............. ! .... ..
bury Public, ...... ... .I. ........ Coun~), Wisconsin
I) Commission.. .............. ' ..................
..
I I
0 Ignature(r) of ..... ...........
AUTHENTICATION
... itk'isiiN'DoWN'~ol.lis ASSKIATION, INC.
BY!. (SEAL)
. , 19
.
.
ACKNOWLEDGEMENT
STATE OF WISCONSIN
... . County
Personally came betore me this .
day or ..... .I9
the above named
......
lomeknonntobt(h
.. .- ..
.. ... ....
IC perron .. who eacculed the
loregoing inrwmcnl and achouledgcd the same.
.
Notar) Public, .........
My Commission ,
Count). H'lsconsin
... .. .... ....
THIS INSTRUMENT WAS DRAFTED BY.
Attorney Donald S. Molter, ,. Jr.
P. 0. Box 13118 .......... ...... ..
EXHIBIT "B"
Location: Outlot 1, accttss from ltristin ct.
Well
Dimetar: 8 In. Woll
Jkpth: 1400 Ft.
Pumping test data: Well
Da?: 5/7/77
Sqtic Water Level: 282 Ft.
ming Water Level: 480 Ft.
Rate: 500 GPU m /we: oil lubricated line shaft
Fump setting: 490 F't. Pump
duty poht: 400 GPM 6609 F't. Paq~ "fg: 6 mode1 : Bp?ori-5acfion 8" eQ. -' Si. Stage
mp Elvic motor: 75 Hp, 460 Volt
column diaxeter: 6" x 2 1/2" oil tubing
presr,"e t2n.k size: 5000 Gal.
Well 'Wo. 2
betion: Outlot 3, access from St. LeonLtd's Dr.
well ++a: 900 Ft.
Fell piGeter: 8 In.
xell punpins test dzta:
Tes; date: #cch 1978
static kzter level : 310 pt.
-pmPinq v+ter level: 360 Ft.
prsping rate: 80 GPM
Pap m: Submersible
PJ=P Kfg. h moecl: REbA Nh65-15-VK6
Fuq settins: 500 Ft.
FXE? ~ln? dizzeter: 3 In.
E1ect:ic notor: 20 Ep, 460 Volt
hesslirt size: 5000 Gal.
PmC? duty point: 610 R. I! 80 GPM
RGEKE3.T 6 WLKE, PIC.
Corsulting Engineers
E239 N1812 Rockwod Dr.
Vaukesha, WI 53188-1113
October 25, 1988
I EASEUENT
THIS )INDENTURE, made this day of , 1990, by
and between KRISTIN DOWN HOMES ASSOCIATION, INC., a Non-profit
Wisconsin Corporation, hereinafter referred to as party of the
first part, and CITY OF MUSKEGO, hereinafter referred to as party
of the sedond part.
1
j WITNESSETA:
WHEREAS, the party of the first part, KRISTIN DOWN HOMES
~~~~c~~~I&, INC., owns an easement interest in real estate
located ir! the City of Muskego and described as follows:
All t;hzt part of Lot 80, Kristin Down, being part of
the Northeast One-quarter, Southeast One-quarter,
South’west One-quarter and Northwest One-quarter of the
Soutd;east One-quarter and the Southeast One-quarter of
the S,outhwest One-quarter of Section 9, Town 5 North,
Range 20 East, City of Muskego, County of Waukesha,
Tax Kley No. 2196.126
State, of Wisconsin.
Descriibed as follows:
A 10 Ifoat wide ingress and egress and watermain
of Lot 80 of Kristin Down Subdivision.
easeinezt, adjacent and parallel to the West lot line
WZ?.ElX, party of the second part has requested from the
party of the first p+rt a permanent easement for water main and/or
transsissiDc line pur2oses including cocskruction, repair,
maintenanci end reconstruction of the water main and/or
tracsmissibc line.
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NOW, TEEFOE, party of the first part, in consideration of 1
the sum of OS: D0LW.S and other good and valuable consideration,
the receipt whereof is herehy acknowledged an5 confessed, do grant
ane convey ucto the party of the second part, forever, a permanent
easement for water main and/or transmission line purposes
including Lsnstruction, repair, maintenance and reconstruction of
the water nzin az6/or transmission line in the City of Muskego,
Waukesha C?c:ty, Wisconsin, on, over and in the following
described rezl estate:
All that part of Lot 80, Kristin Down, being part of
the Northeast One-quarter, Southeast One-quarter,
Southwest One-quarter and Northwest One-quarter of the
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the Southwest One-quarter of Section 9, Town 5 North,
Southeast One-quarter and the Southeast One-quarter of
Range 20 East, City of Muskego, County of Waukesha,
Tax Key No. 2196.126
State1 of Wisconsin.
Described as follows:
A 10 foot wide ingress and egress and watermain
easement, adjacent and parallel to the West lot line
of Lot 80 of Kristin Down Subdivision. I USE OF LAND
Party of the first part consents to the entry of the
employees,
part or its assigns, for an incidental to the the second
workmen, agents or independent contractors of party of
party of the second part, and the statutes of the State of
to the ordinances of the City of Muskego, the regulations of the
right to make such use of land included in said easement, subject
and/or transmission line, but reserve to themselves the water main
repair and maintenance and reconstruction of said construction,
constructiin, repair, maintenance and reconstruction thereof.
prevent inkress or egress, thereto for the purpose of
Wisconsin As will not disturb or interfere with such water main or
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The parties ex?ressly acknowledge that the party of the
second par' ney allow others not parties to this easement to use
the easemekt for the pilrposes indicated above.
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THIS ;S2EhTL'RE, upon its acceptance by the party of the first
part, shali be binsing upon and inure to the benefit of the
parties heieto, their respective heirs, successors and assigns. I
1 IN WITLTSS WKEFEOF, party of the first part has executed this
indenture the day ax3 year first above written. I
KRISTIN DO~X HOMES
ASSOCIATIOK, INC.
i By:
I President
By:
Secretary
STATE OF WiSCOh'SIS )
COUNTY OF AXJKESFA )
1.5s.
I
EXtil5lT c/ P
a
e
0
r
the above
Per sc
ASSOCIATIC
foregoing
THIS INSTF
Attorney I:
ARENZ, MOL
720 N. Eas
Waukesha,
lally came before me this
lamed
day of , 1990,
i, INC. to me known to be the persons who executed the
instrument and acknowledged the same.
, as Secretary, of KRISTIN DOWN HOMES
=President, and
NOTARY PUBLIC, STATE OF WI
My commission expires:
JK%T WAS DMED BY:
xald S. Molter, Jr.
'ER, MACY h RIFFLE, S.C.
I Avenue, P. 0. Box 1348
qisconsin 53187-1348
EXHZIT -3- e
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I EASEHENT
THIS Ib’DENTURE, made this day of , 1990, by I
I and between KRISTIN DOWN HOMES ASSOCIATION, INC., a Non-profit
Wisconsin 4orporation, hereinafter referred to as party of the
first part, and CITY OF MUSKEGO, hereinafter referred to as party
of the second part. i
I WITNESSETH:
WHERE&., the party of the first part, KRISTIN DOWN HOMES
ASSOCIATIO?, INC., owns an easement interest in real estate
located in Ithe City of Muskego and described as follows:
All t4at part of Lot 81, Kristin Down, being part of
the Northeast One-quarter, Southeast One-quarter,
Southwest One-quarter and Northwest One-quarter of the
Southeast One-quarter and the Southeast One-quarter of
the Sodthwest One-quarter of Section 9, Town 5 North,
Range 120 East, City of Muskego, County of Waukesha,
Tax Key No. 2196.127 State lof Wisconsin.
Descr3,bed as follows:
A 10 5oot wide ingress and egress and watermain
easeme-t, adjacent and parallel to the East lot line
of Lot’ 81 of Kristin Down Subdivision.
WE.?.EP+, party of the second part has requested from the
party of tie first part a 2ermanent easement for water mair. and/or
transmissid= line purposes including construction, repair,
maintenance and reconstruction of the water main and/or
transmissidr. line.
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NOW, ~ERE?ORE, party of the first part, in consideration of I
the sum of IOSE DOLLAX and other gaod and valuable consider3tion,
t3e recei?ti whereof is hereby acknowledged and confessed, ds grant
and convey icnto the party of the second part, forever, a permanent
eesement fdr water main an6/or transmission line purposes
includinq construction, repair, maintenance and reconstruction of
the water &ic ane/or transmission line in the City of Muskego,
Waakesha Co~nty, Wisconsin, on, over and in the following
descriSed 2,eal estate:
All tA,at part of Lot 81, Kristin Down, being part of
Southwest One-quarter and Northwest One-quarter of the
the Northeast One-quarter, Southeast One-quarter,
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EXi%Z!T
the Svthwest One-quarter of Section 9, Tom 5 North,
Southeast One-quarter and the Southeast One-quarter of
Range 20 East, City of Muskego, County of Waukesha,
Tax Key No. 2196.127
Stateiof Wisconsin.
Described as follows:
A 10 foot wide ingress and egress and watermain
easement, adjacent and parallel to the East lot line
of Lot 81 of Kristin Down Subdivision. I 1 USE OF LAND
Party of the first part consents to the entry of the
employees, ' workmen, agents or independent contractors of party of
the second
construction,
part or its assigns, for an incidental to the
Wisconsin hs will not disturb or interfere with such water main or
party of the second part, and the statutes of the State of
to the ordinances of the City of Muskego, the regulations of the
right to make such use of land included in said easement, szbject
and/or transmission line, but reserve to themse:ves the water main
repair and maintenance and reconstruction of said
constructiAn, repair, maintenance and reconstruction thereof.
prevent inkress or egress, thereto for the purpose of
I
I
The p!rties expressly acknowledge that the party of tke
second part may allow others not parties to this easement tt use
the easenek: for the purposes indicated above.
pzrt, shall be binding upon and inure to the benefit of the
parties he!eto, their respective heirs, successcrs and assisns.
indeature lhe day and year first above written.
I
TSIS IK3EI.PTURZ, upon its acceptance by the party of the first
I IN WIThTSS WKEFEOF, party of the first part has execute3 this
I
KRISTIN DOWi HOMES
ASSOCIATION, INC.
I By: I Prcsident
I
STATE OF WISCONSIN ) , )ss.
COUNTY OF WAUKESHA
By:
Sezretary
-2-
EXiliElT (5
the above
ASSCCIATIO
foregoing
Perso
:Is TH INSTR
Xttorriey D
P.E,VZ, MCL'
720 N. €as
Waukesha,
.ally came before me this
.amed
day of
:President, and
'. INC. to me known to be the persons who executed the
nstrument and acknowledged the same.
, 1990,
, as Secretary, of KRISTIN DOWN HOMES
NOTARY PUBLIC, STATE OF YI
My commission expires:
WAS DF AFTED BY :
mr.+ld S. Molter, Jr.
E.-., MACY h RIFFLE, S.C. "
Avenue, P. 0. Box 1348
'isconsin 53187-1348
I EASEUENT I
THIS L-DENTURE, made this day of , 1990, by
and betweer! KRISTIN DOWN HOMES ASSOCIATION, INC., a Non-profit
Wisconsin yorporation, hereinafter referred to as party of the I
first part,
part. of the second
and CITY OF MUSKEGO, hereinafter referred to as party
WITNESSETH:
WHEREdS, the party of the first part, KRISTIN DOWN HOKES I
I ASSOCIATIOP;, owns an easement interest in real estate located in
the City of Uuskego and described as follows:
All tiaz part of Lot 36, Kristin Down, being part of
the Northeast One-quarter , Southeast One-quarter,
Southwest One-quarter and Northwest One-quarter of the
Southezst One-quarter and the Southeast One-quarter of
the Soczhwest One-quarter of Section 9, Town 5 North,
Range 23 East, City of Muskego, County of Waukesha,
State of Wisconsin.
Tax Key No. 2196.082
DescrilSed as follows:
A 10 $03 wide ingress and egress easement, parallel
and aqjrcent to the East property line of Lot 36 of
Kristlr. Down Subdivision.
WEEXEX, party of the second part has reqsested from the
party of tie firs: pzrt a permanent easeneat for water min and/or
transnissid:. line purposes including ccnstruction, repair,
maintenance! Z!IE reconstruction of the water main and/or
transmissid- line.
the sum of l0SE DOLL>.R and other good and valucble consideration,
the receipt wkerezf is hereby acknowledgrd and confessed, dc grant
a-d conveyluzco the party of the secand part, fcrever, a permanent
easement fdr water nzin and/or transmission line purposes
including JoF.struction, repair, maintenance an2 reconstruction of
the water E;? and/or transmission line in the City of Muskego, I.
Waukesha Coirr.ty, Wisconsin, on, over and in the following I
described ;e21 estate:
All ,425 part of Lot 36, Kristin Down, being part of
the Nor:he?st One-quarter, Southeast One-quarter,
Southwest One-quarter and Northwest One-quarter of the
I
I
NOW. TEEFORE, party of the first part, in consideration of I
I
e
e
0
I
Southeast One-quarter and the Southeast One-quarter of
the Southwest One-quarter of Section 9, Town 5 North,
Range 20 East, City of Muskego, County of Waukesha,
State ,of Wisconsin.
Tax Key No. 2196.082
Descrilbed as follows:
A 10 f;mt wide ingress and egress easement, parallel
and adjacent to the East property line of Lot 36 of
Kristiln Down Subdivision. I I I USE OF LAND
Party of the first part consents to the entry of the
employees, workmen, agents or independent contractors of party of
the second part or its assigns, for an incidental to the
construction, repair and maintenance and reconstruction of said
water main I and/or transmission line, but reserve to themselves the
right to Eke such use of land included in said easement, subject
to the ordkances of the City of Muskego, the regulations of the
party of tde second part, and the statutes of the State of
Wisconsin as will not disturb or interfere with such water main or
prevent indress or egress, thereto for the purpose of
construct id:, repair, maintenance and reconstruction thereof.
I
1
The pdrties expressly acknowledge that the party of the
second part1 may allow others not parties to this easement to use
the easeme?.: for the purpcses indicated abave.
I
I
I upon its acceptance by the party of the first
upon and inure to the benefit of the
respective heirs, successors and assigns.
party of the first part has executed this
intenture t/he day and year first above written.
I
I
STATE OF WI'SCONSIN )
COUXTY OF ,!XKESHA )
I
)ss.
KRISTIN Doh?; HOMES
ASSOCIATION, INC.
By:
President
ay:
Secretary
0
0
e
the above
ASSOCIATI(
Persc
foregoing
THIS INST:
Attorney 1
A-SENZ, MO:
720 N. Ea:
Waukesha,
ally came before me this day of , 1990,
a med
, as Secretary, of KRISTIN DOWN HOMES
, INC. to me known to be the persons who executed the
nstrument and acknowledged the same.
, am President, and
NOTARY PUBLIC, STATE OF WI
My commission expires:
UU I
3C I
LT
SF w
PENT WAS DRAETED BY:
Iriald S. Molter, Jr.
ER, MACY & RIFFLE, S.C.
fisconsin 53187-1348
Avenue, P. 0. Box 1348
-3-
EASEMENT
THIS lIh’DENTURE, made this day of , 1990, by
and betweek KRISTIN DOWN HOMES ASSOCIATION, INC., a Non-profit
Wisconsin Corporation, hereinafter referred to as party of the
first part, and CITY OF MUSKEGO, hereinafter referred to as party
of the second part.
I
I WITNESSETH:
WHEREAS, the party of the first part, KRISTIN DOWN HOMES
ASSOCIATION, owns an easement interest in real estate located in
the City Jf Muskego and described as follows:
I
1 All that part of Lot 37, Kristin Down, being part of
the Northeast One-quarter, Southeast One-quarter,
Southwest One-quarter and Northwest One-quarter of the
Southyast One-quarter and the Southeast One-quarter of
the Southwest One-quarter of Section 9, Town 5 North,
Range 20 East, City of Muskego, County of Waukesha,
State of Wisconsin.
Tax Key NO. 2196.083
Described as follows :
A 10 ifoat wide ingress and egress easement, parallel
and a2jzcer.t to the West property line of Lot 37 of
Kristlir. Down Subdivision.
WEEPS, party of the second part has recpested from the
party of the first 2zrt a permznent easement for water main and/or
transmisslor line pcrposes including construction, repair,
maintenancL and reconstruction of the water main and/or
transmissiLn line.
I
I
.I
NOW, TEEFORE, party of the first part, in consideration of
the sum of M’E DOLLAR and other good and valuable consideration,
the receiFt whereof is hereby acknowledged and confessed, do grant
ar.d convey1 unto the pzrty of the second part, forever, a permanent
easement fbr water mzin and/dr transmission line purposes
inclcding construction, repair, maintenance and reconstruction of
the water Lin and/or transmission line in the City of Muskego,
Waukesha County, Wisconsin, on, over and in the following
described !ea1 estate: I
I
I
All tpzt part of Lot 37, Kristin Down, being part of
the Nprtheast One-quarter, Southeast One-quarter,
Southwest One-quarter and Northwest One-quarter of the I
the Southwest One-quarter of Section 9, Town 5 North,
Southeast One-quarter and the Southeast One-quarter of
Range I20 East, City of Muskego, County of Waukesha.
Tax Key No. 2196.083
Statelof Wisconsin.
Described as follows :
A 10 foot wide ingress and egress easement, parallel
and adjacent to the West property line of Lot 37 of
Kristin Down Subdivision.
I USE OF LAND
Party of the first part consents to the entry of the
employees,
constructior, repair, maintenance and reconstruction thereof.
prevent ingress or egress, thereto for the purpose of
Wisconsin as will not disturb or interfere with such water main or
party of tie second part, and the statutes of the State of
to the ordinances of the City of Muskego, the regulations of the
right to make such use of land included in said easement, subject
and/or transmission line, but reserve to themselves the water main
repair and maintenance and reconstruction of said construction,
part or its assigns, for an incidental to the the second
workmen, agents or independent contractors of party of
I
I
I
I
I
I
1
-&ies expressly acknowledge that the party of the
The p7L- second part may allow others not parties to this easement to use
the easeme7.t €or the purposes indicated above.
part, shall( be bin2ing upon and inure to the benefit of the
parties her‘eto, their respective heirs, successors and assigns.
THIS K!3E?;TU2E, upon its acceptance by the party of the first
I
I WIiEXOF, party of the first part has executed this
and yea: first above written.
KRISTIN DOW ROES
ASSOCIATIOh’, INC.
By:
President
STATE OF WIISCOXSIY )
COUNTY OF WXJKZSF?? )
I
1 ss
By:
Secretary
a
0
Personally came before me this day of , 1990,
the above named , as President, and
ASSOCIATION to me known to be the persons who executed the
foregoing instrument and acknowledged the same.
I , as Secretary, of KRISTIN DOWN HOMES
I
THIS INSTF
Attorney f
ARENZ, MOL
720 N. Ea:
Waukesha,
NOTARY PUBLIC, STATE OF WI
My commission expires:
J.EhT WAS DRAETED BY:
mald S. Molter, Jr .
:ER, MACY 6 RIFFLE, S.C.
: Avenue, P. 0. Box 1348
qisconsin 53187-1348
-3-
EXPET @/
. ..
I
0
0
e
CERTIFICATE AND WAIVER
FOR VALUE RECEIVED, the City of Huskego, Wisconsin, a
Wisconsin, hereinafter referred to as "CITY", does hereby
municipal corporation organized under the laws of the State of
acknowledge! confirm and certify that the persons and real
property described on the attached Exhibit "X" shall be and hereby
are foreverldischarged from any obligation to pay the CITY those
particular special assessments known as Water Capacity Assessments
("WCA") now1 existing against said properties in the amount of Five
Hundred Twenty-Two ($522.00) Dollars each, and the CITY does
hereby forever waive any and all such impositions relating to said
real property.
PROVIDED, HOWEVER, that the foregoing Certificate and Waiver
(i) shall apply only to the extent of Five Hundred Twenty-Two and
No/100 ($522.00) Dollars with respect to any buildable lot
described oy said Exhibit "X" which is connected to said municipal
water system after the 31st day of December, 1990: and (ii) shall
not prevent 1 the CITY from imposing upon said persons and real
property certain assessments relating to the future improvement
and operatiyr. of said municipal water system, fairly and uniformly
applied accyrding to the laws of the State of Wisconsin,
including, but not limited to, water user charges, special
assessments and water capacity assessments.
IN WITYZSS WREOF, the undersigned, pursuant to the
authority vysted in De by 2uly adopted Resolution of the Common
Council, has exec2ted this Certificate and Waiver as the official
act of the YITY this day of , 1990.
CITY OF MUSKEGO
ATTEST : I I
I
Jear. K. Harhzi.?, Clerk
Wayne G. Salentine, Mayor
1. I ii96.04?
0177 S7675 Xrlstin !rive Frcderilck 6 Joan We ncr
9. 11 96.055
Philip & V. 'fiedrcfwki 571 W17835 St. Leonard6 Court
hJ6keg0, W ,53150
10. 2196.056
Jack 6 Sally Hordlni Sl? W17803 St. Leonard Court
hrrskego. UI 53150
11. 2196.057
Chester C. Link
1960 S. Elm Grove Rd.
New Berlin. UI 53151
~ ~ .~~
12.
219b.058
Reno Berg 577 U17727 St. Leonzrd Cmrt
. ~~ ~
Muskego, W ~53150
2196.059
13.
El77 S7733 Kristin Drive
N;&o~EE h L. KobriEer
Xzskego. k7- 53150
14.
2196.060
Scoct h Sr;san Patulski
wi77 S7751 Kristin Drive
Huskego, VI 53150
15.
2196.061
8. I 16.
17. i
2196.063
Earle &lK. Van Gilder W177 s7799 Krlbtfn Drive
Huskego! 01 53150
18. I 2196.064
U177 S7813 Kristin Drive
Darold & Carol Heisel
Muskego! KI 53150 I
19. I 2196.065
Briah &ICarlene Larson
578 W17824 Kristin Drive
Muskego! EI 53150
20. -~ ~ 2196.066
Nidolas & Kathleen Kleibor
W178 S7796 Kittery Court
Huskego./ L1 53150
21. I
2196.067,
25.
2196.071
Junes & Lois Seefeldt
W178 S7785 Kitten Court
Murkego, 53150
26. 2196.072
David 6 C. Bofmeistcr W178 57791 Kittery Court
Muskego, i?'l 53150
27. " -
2196.073
Gene A. Fink
W178 S7809 Kictery krt
Huskego, WI 53150
28.
2196.074
Greg 6 P. Strieghorst
VI78 S7827 Kitterg Coat
M-iskego, WI 53150
29. 2196.075
Robert L. Sisson
P. 0. Box 196
S78 VL7022 Kristin Drive
Fuskego. W1 53150
2196.076
30.
Ron 6 Eeili Bongiot,xi
U179 57859 Kristin Co;-t
"xskego, k? 53150
32.
2196.078
I r
EXHIBIT "X"
33. I 41. 2196.079
Kenneth I& Marlene YI11lms
2196.087
W178 S7876 &istin Court
Richard E. Karel S78 Y17761 Canfield Court
Huskego! PI 53150 Hu8kego, UI 53150
34. I 2196.080
Loufs T! hrleben
~170 S7868 Kristin Court
Huskego! Si 53150 I
35.
2196.081 1 I
Edward & P. Mastrostefano
W178 S7862 Kristin Court
Muskego, 53150
36. 1 2196.082
~2. & sdrkra Mic\ael
W178 578'56 Kristin Court
Huskego.1 GI 53150
37.
Clark & lP=el~ Krieger
578 Wi7812C Kristin Drive
k~kego,) bii 53150 I
30. I
40.
2196.0861
I
42.
2196.088 John h Nancy Verre
S78 U17733 Canfield Drive
Muskego, vl 53150
43.
2196.089
Jame6 E. hderson
578 U17707 Canfield kive
Muskego, WI 53150
ut.
2196.090
Larry h Lon2 Snyder
S70 W17675 Canfield Drive
Easskego, b? 53150
45.
2196.091
Serncri J. Homztin
S7B W1763? Caeield Drive
kskego, VI 53150
k6.
2196.092
Xicherd 6 Sasa Ertel
Wdskego, KI 53150
S78 V17603 Canfield kiv~
47.
2196.093
I(erce:'J & Jr?fitt Grey
Ui75 S7886 CEnfield 3zise
Musicego. h'l 53150
48. 2196.094
Kev',a h Ellen Rutzen
k'175 S7870 Cestle Gler
Xuskegc, Wi 53150
EXHIBIT "X"
.= I .
e
0
09. 2196.095
hdu Chriotine Drake
MI75 S7852 Castle Glen
Huskego,/ WI 53150
50. I
2196.096
W75 S78'38 Castle Glen
Edvard E Jean Ward
Huukego, 53150
51.
2196.0971
W175 S7820 Castle Glen Donzld J. Ekbitzke I1
Ucskego, Ui 53150
52.
Dennis 2196*0981 h Je23 Perinorlc
U175 S78D€ Castle Glen
Huskego, I Vr_ 53150
53.
2196.099,
Dzniel J! Venne
W175 S779Z Castle Glen
Mcskego, b- 53150 l-
54. i
2196.1001
Beonp h J- Gz~berlain
X175 S7784 Castle Glen
Huskego. 53150
55.
2196.101 I
i
57.
2196.103
Urn. 6 Carole Klovas
U176 67795 Castle Glen
Muskego, KI 53150
58.
2196.104
D6-l M. Rm-in6ki
VI76 S7809 Castle Clea
Muskego, WI 53150
59.
2196.105
. ~.~~
Christopher Rice/K. kright
W176 S7823 Castle Gler
Uuskego, VI 53150
60.
2196.106
E&-ard h Deborah Cet~
W176 S7841 Castle Glen
Wcskego, WI 53150
61.
2196.107 h. J. Custavson
W176 Si865 Czstlf GIEZ
hskega, kl 53150
2196.108
62.
Thomcs h Pzzel; C1e;;eEce
S78 a7652 Canfield kive
kskego. WI 53150
63.
2106.105
I
65.
~~ U177 S789 Canflrld hive
mskcgo, I liI 53150
66.
Thomas &I Kathleen Sampson
W177 ST026 Canfield Drive
Huskego, 1 b? 53150
I
2196.1121 I
67.
2196.1131 Dou las & H. Lerendowski
w17 7 S7802 Kristin Drive
Huskego, 53150
68.
I
2196.1 14, - ..
George R$cich
w176 S7788 Kristin Drive
Muskego, iki 53150
69. I
W176 S7?7,4 XriEtin Drive
mskego, L, 53150
70.
2196.116
Eu ese Cic5on U1$6 S77612 Kzis:in Drive
Muskego, &Ti 53150 I
71.
2iC6.117
72. j
2196.118 , I
Edskega, 53150
73. 2196.119
Thomas Peftrykovski W76 S771k Kristin Drive
Huskego, Wi6consin 53150
70.
2196.120
Michael T. Smith
S77 W17629 SK. Leonards Drive
Muskego, U1 53150
75.
2196.121
Settimio d Joann Murk
Hilskego, KL 53150
S77 W17605 St. Leonard Drive
76.
2796.122
Steven h Dianz Xleber
S77 W17573 St. LeoDards Drive
Xcskego, VI 53150
77.
2196.123
Clifford F. Y~tgstczpit
577 W1756i St. Leonircs Drive
ksskego, hl 53150
78.
2196.124
K&acl & brz mitt=
Mcskego, VI 53ijO S7i k17566 SC. Leonzr& Drive
??.
2196.125
I I I
\
EXHIBIT "X"
l
81 2196.127
Arthur Velman S76 W17616 St. Leonatds Drive
Muskcgo,l VI 53150
82.2196.,128
Gary b Cynthia Kuko~6ki
Muskego, El 53150
S76 W17638 st. konards Drive
83.2196.129
Richard E. Robert
W176 S7678 Kristin Drlve
Muuskego,l U'I 53150