CCR1991174COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #174-91
APPROVAL OF CERTIFIED SURVEY MAP
(Agenten)
WHEREAS, a Certified Survey Map was submitted on May 30, 1991 to
create a two-parcel plus outlot division in the NE 1/4 of
Section 12, and
WHEREAS, the Plan Commission has recommended approval subject to
approval from the City of Franklin guaranteeing sewer service to
Public Works and Public Utilities Committees, and
the lots, and subject to approval by the City of Muskego's
WHEREAS, the Finance Committee has reviewed the attached
agreements as submitted by the City Attorney and has recommended
approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Plan Commission
and the Finance Committee, does hereby approve the Certified
Survey Map to create a two-parcel plus outlot division in the NE
1/4 of Section 12.
BE IT FURTHER RESOLVED that this approval is subject to the City
of Franklin guaranteeing sewer service to the lots and subject
Utilities Committees.
to approval by the City of Muskego's Public Works and Public
BE IT FURTHER RESOLVED that this approval is subject to
execution of the attached agreements and subject to receipt of
all fees required by Section 10 of the Land Division Ordinance
and approval of the City Engineer.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute the documents in the name of the City.
DATED THIS 15TH DAY OF JULY , 1991.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
e ATTEST :
AGREEMENT
WHEREAS, the owners of certain properties within the City of 0 Muskego, hereinafter referred to as "Muskego", are desirous of
obtaining sewer service: and
WHEREAS, the City of Muskego at this time is unable to
provide said sewer service to the properties in question: and
WHEREAS, the City of Franklin, hereinafter referred to as
"Franklin", is at this time able to provide sewer service to said
properties.
NOW, THEREFORE, BE IT RESOLVED, for valuable consideration
acknowledged by each party as follows:
1. That the properties to be served are designated as Lot 1
and Lot 2 on the attached copy of a Certified Survey Map, which is
made a part hereof and marked Exhibit "1". That Franklin will
provide sewer service connection to said properties upon written
request of Muskego.
2. That Franklin will bill Muskego at the same time and in
0
the same amounts for the local sewer service charges for said
properties and the same will be paid by Muskego in the same manner
and in the same amounts as other properties are billed in Franklin
for the local sewer service charges. The charges billed to Muskego
will not include the portion of the sewer service fee which is
that fee for the Milwaukee Metropolitan Sewerage District,
hereinafter referred to as ""MSD". The MMSD operation and
maintenance charges will be billed directly to Muskego and the
deductions from capacity purchased by Muskego from MMSD will be
deducted against Muskego.
3. This agreement shall terminate upon Muskego being able to
Dated this hr# day of JULY , 1991.
provide sewer service to the properties in question.
CITY OF MUSKEG0 ~ITY OF FRANKLIN
AGREEHEUT
WHEREAS, the City of Muskego, hereinafter referred to as
"Muskego', wishes to provide sewer service to two properties
located within the City of Muskego: and
WHEREAS, the only manner in which said service can nou be
provided is by connection to the City of Franklin sewer system;
and
hereinafter referred to as "Owners", are all of the Owners of said
properties designated as Lot 1 and Lot 2 on the attached copy of a
Certified Survey Map, which is made a part hereof and marked
Exhibit "1"; and
WHEREAS, all of the Cmers are desirous of obtaining sewer
service.
NOW, THEREFORE, for valuable consideration acknowledged by
all parties, IT IS BEaEaY AGREED AS FOLLOWS: 0 1. That the Owners of said properties shall pay to Muskego
sewer service charges which at this time shall be uniform to all
similar situated MuskeSo properties: that Muskego reserves the
right to change the sever service fees in a non-uniforn manner
with other properties in Muskego in the future if it determines at
that time that this method of charging is fair and reasonable.
2. Prior to Muskego making written request of the City of
Franklin for connection to its sewer system by these properties, a
connection fee as required by the Muskego ordinance shall be paid;
if the City of Franklin has any connection fee or similar fee, the
property owner is responsible for the same and not Muskego.
3. The properties in question are subject to certain reserve
capacity special assessments which have been levied against the
sane and payment for the same is due and owing pursuant to the
requirenents of said resolution.
4. The Owners shall be responsible for installation of their
own laterals in compliance with the ordinance and rules and
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regulations of Muskego and as may be required by the City of
0 Frank1 in.
5. The Omers of said properties agree that if sewer service
becomes available to said properties by connection to Muskego’s
sewer system, they, at their own expense, will disconnect from the
City of Franklin system and connect to the Muskego system and pay
all connection charges, assessments, etc. due to said
disconnection and reconnection: all charges caused by this
disconnection and reconnection shall be specially assessed,
charged as special charges or collected in any other manner seen
fit by Muskego against the properties affected.
6. This agreement shall be executed in recordable form and
shall be a covenant running with the land and shall be recorded
with the Waukesha County Register of Deeds.
Dated this 1L-r~ day of JULY , 1991.
I CITY OF MUSKEG0
Wade G. Salentine, byor
J n K. Marenda. Clerk
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
)ss.
Personally came before me this Ib@L day of
1991, the above named Wayne G. Salentine, as Mayor, and Jean K.
MarcnZa. as Clerk, of the City of Muskego, to me known to be the
- Dersans vko executed the foregoing
same.
instrument and acknowledged the
NOTARY PUBLIC, STATE OF WI
My commission expires: 7-a-E
Owner
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Gwner
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&/2$ -w W&+" //&4cL/Rfl& <P cu j 0 Owner Owner
STATE OF WISCONSIN )
COUNTY OF WAUKESRA )
1991, the above named f./M 83
)ss.
Personally came before me this ,
me known to be the persons who execute imtrunent
and acknowledge the same.
y commission expires:
THIS INSTRUMENT WAS DRAFTED BY:
Attorney Donald S. Molter, Jr.
Arenz, Palter, Macy h Riffle, S.C.
Waukesha, Wisconsin 53187-1348
P. 0. Box 1348
PLEASE RETURN TO:
City of Muskego
P. 0. Box 903
Muskego, WI 53150
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