CCR1991295AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #295-91
AUTHORIZE EXECUTION OF AGREEMENT
BETWEEN CITY OF MUSKEGO AND MUSKEGO VOLUNTEER FIRE COMPANY
WHEREAS, the Common Council directed the City Attorney to
Muskego Volunteer Fire Company Building in Resolution #196-91;
prepare an offer to purchase land for the expansion of the
and
WHEREAS, a condition of the offer to purchase was to have an
agreement in place between the City and the Fire Company; and
WHEREAS, an agreement, as attached, has been drafted by the City
Attorney.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
Committee, does hereby authorize execution of the attached
City of Muskego, upon the recommendation of the Finance
Volunteer Fire Company.
amend,ed Agreement Between the City of Muskego and the Muskego
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
authorized to sign the necessary documents in the name of the
City.
DATED THIS 12TH DAY OF NOVEMBER , 1991
SPONSORED BY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
This is to certify that this is a true and accurate copy of
Resolution #295-91 which was adopted by the Common Council of
the City of Muskego.
11/9lcac
AND THE MUSKEGO VOLUNTEER FIRE DEPARTMENT
AGREEMENT BETWEEN THE CITY OF MUSKEGO
AGREEMENT entered into this day of I 199 - I
by and between the MUSKEGO VOLUNTEER FIRE DEPARTMENT, an
independent corporation (hereinafter referred to as "DEPARTMENT"),
and the CITY OF MUSKEGO, a municipal corporation (hereinafter
referred to as "CITY"), regarding the following described
property:
SEE ATTACHED LEGAL DESCRIPTION PARCEL NO. 1
(COMMONLY REFERRED TO AS FIRE STATION NO. 1
AND LOCATED AT S76 W17050 JANESVILLE ROAD IN
THE CITY OF MUSKEGO, WISCONSIN)
SEE ATTACHED LEGAL DESCRIPTION PARCEL NO. 2
(COMMONLY REFERRED TO AS FIRE STATION NO. 2
AND LOCATED AT W195 S10030 RACINE AVENUE IN
THE CITY OF MUSKEGO, WISCONSIN)
WHEREAS, the DEPARTMENT is an independent corporation
organized under the provisions of Wisconsin Statute Chapter
and
-
WHEREAS, for many years the CITY and the DEPARTMENT have
cooperated in providing fire services to certain areas of the
CITY: and
WHEREAS, in the past the CITY has provided the necessary
funds to the DEPARTMENT for the purchase and maintenance of
necessary fire fighting equipment as well as the purchase and
maintenance of land and buildings to house the same, including the
above-noted Parcel No. 1 and Parcel No. 2: and
WHEREAS, the above-noted equipment and property have been
titled in the name of the DEPARTMENT: and
WHEREAS, it now appears necessary to substantially increase
the size of the real property necessary to house the DEPAFtl'MENT's
equipment: and
WHEREAS, the parties to this Agreement have agreed that,
prior to the CITY expending the funds necessary to provide for
this expansion, the parties shall agree as to the ownership of
both current property and property acquired in the future.
NOW, THEREFORE, the parties to this Agreement, in
consideration of the mutual covenants contained herein, do hereby
agree as follows:
1. The DEPARTMENT shall, upon execution of this Agreement,
convey to the CITY a one-half (i) undivided interest in the
above-described Parcel No. 1 free and clear of all encumbrances to
the sole satisfaction of the CITY and shall execute all closing
documents as similar as possible to close attached hereto and made
a part hereof and marked Exhibit A, said closing shall take place
on or before February 10, , 199 2.
2. All real property purchased, constructed or otherwise
acquired by the CITY on behalf of the DEPARTMENT or by the
DEPARTMENT itself after the date of this Agreement shall be titled
jointly in the names of the CITY and the DEPARTMENT.
3. The DEPARTMENT shall continue to provide fire protection
service for the CITY, under terms as mutually agreed to by the
CITY and the DEPARTMENT.
4. In the event that the CITY and the DEPARTMENT are unable
to agree to terms for the provision of fire protection service to
the CITY or in the event that the DEPARTMENT, for any other
reason, fails to provide fire protection to the CITY, then and in
that event, the DEPARTMENT shall transfer all its
property and assets, whether real or personal, free and clear of
all encumbrances except for mechanic’s liens and other liens which
have attached to property through the ordinary course of business,
which at that time is titled in the name of the DEPARTMENT or
jointly in the name of the DEPARTMENT and the CITY,’to the sole
ownership of the CITY and shall relinquish all ownership rights in
said property and shall sign all documents the CITY deems
necessary to accomplish the same.
-2-
5. The DEPARTMENT shall maintain and keep in good repair and
sound condition all real and personal property, whether solely or
jointly owned, and shall make all repairs necessary to maintain
the condition of the same. The DEPARTMENT shall maintain adequate
fire and casualty insurance on all real and personal property in
an amount equal to not less than the replacement value of all
property, and shall maintain adequate public liability insurance,
insuring the CITY against claims for damage because of, or
resulting from any property damage, injury or death sustained in
an amount of at least five hundred thousand dollars ($500,000.00).
6. This agreement shall be a covenant running with the land
and shall be recorded as an encumbrance on title so as to affect
all the real property herein described. The DEPARTMENT agrees to
execute all documents as required by the city to encumber any
subsequently acquired property with the terms of this agreement.
7. The DEPARTMENT shall not operate the fire siren located
0 on Parcel No. 1 except in case of a tornado.
MUSKEG0 VOLUNTEER FIRE DEPARTMENT
By:
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
)ss.
Personally came before me this day of
199 , the above named
of the MUSKEG0 VOLUNTEER FIRE DEPARTMENT to me known to be the
persons who executed the foregoing instrument and acknowledged the
same.
-
NOTARY PUBLIC, STATE OF WI
My commission expires:
-3-
CITY OF MUSKEG0
By :
Wayne G. Salentine, Mayor
By:
Jean K. Marenda, Clerk
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
)SS.
Personally came before me this day of
199 , 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.
-
NOTARY PUBLIC, STATE OF WI
My commission expires:
~ ~~ ~~~~~~~~
THIS INSTRUMENT WAS DRAFTED BY:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY h RIFFLE, S.C.
720 N. East Avenue, P. 0. Box 1348
Waukesha, Wisconsin 53187-1348
-4-
5 F*- VI82 S8200 RacYne Avenue
.P.O. Box 903
Muskego. UI 53150
1. bpmWddb~? 0 YI )(P
.................................................. Attorney Donald S. UoltPr. Jr. 720 N. E~S~ ~ve.,Uaukesha, W~"J3186
ACXNOWLEDOHENT
STATE OF WISCONSIN 1 *B.
.Caunty.
Pcrmnmlly came before mc thi.
., 19. the above nmd
.day of
....... ......
COMMON COUNCIL - CITY OF MUSKEG0
ATTACHMENT TO
RESOLUTION #295-91
LEGAL DESCRIPTION PARCEL NO. 1
(COMMONLY REFERRED TO AS FIRE STATION NO. 1 AND LOCATED AT i76 wi7858 JANESVILLE ROAD IN THE CITY OF MUSKEGO, WISCONSIN)
CTR OF HY, TH N 67 45'E 13.25 FT, TH N 81 42'E 385.95 FT
PT SE1/4 SEC 9 T5N R20E COM AT S1/4 STONE TH N 1721.4 FT TO
THE PL OF BGN. TH N 8 34'W 165 FT, TH N 81 42'E 92.6 FT,
TH S 8 44'E 165 FT TO CTR OF RD, TH S 81 42'W 93.1 FT TO
BGN. VOL 1097/547 DEEDS FROM CITY R672/908 QCD 5/85
Also
PT SE1/4 SEC 9 T5N R20E A LOT BOUNDED ON S BY HY & ON THE W
BY SCHUETT LOT BEING 4 RDS WIDE & 10 RDS NW FROM CTR RD.
ALSO STRIP 13 FT WIDE & 10 RDS ALONG NE SIDE ABOVE DESC
LOT. EX ROAD
0 LEGAL DESCRIPTION PARCEL NO. 2
W195 510030 RACINE AVENUE IN THE CITY OF MUSKEGO, WISCONSIN)
(COMMONLY REFERRED TO AS FIRE STATION NO. 2 AND LOCATED AT
PT SE1/4 SEC 29 T5N R20E CERT SURV 5/232 PCL A 2 AC