CCR1994155COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #155-94
RESOLUTION AS TO OFFER TO PURCHASE
(Water Reservoir Site)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
approve the attached Offer to Purchase made by the City of
Muskego to Waste Management of WI, Inc. for zero (0) dollars for
a parcel of land, legal description contained in said offer, for
a water reservoir site.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
sign and execute the Offer to Purchase and all the necessary
attached documents in the name of the City if approved by the
City Attorney.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
negotiate and execute a counter-offer or revised offer if
necessary with the approval of the City Attorney.
DATED THIS 26TH DAY OF JULY , 1994.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #155-94 which was adopted by the Common Council of the
7/94 jmb
I 53 ,..
54 ITEMS NOT INCLlIDEI) IN TllE SA1.E: .N<,ne...
.. ,. .. ...
.......................
k4
fi5
66
67
68
69
70
71
72
73
74
75
76
..............
Illuyer
,. ..... 111. . ay: ................................ (S1.llv.l Richard' L. Ancelet, Preddent
LEGAL DESCRIPTION'
Lot 1 of Certified Survrly Map Kc. 7300, recorded on February 24,
1994 in Volume 62 of Certified Survey Maps on Pages 20, 21 and
22, as Document No 1341.518, being a part of the Nw 3 of the NE
of Section 18, Town 5 North, Range 20 East, City of Muskego, County of Waukesha, Stat.e of Wisconsin.
Part of Tax Key No. MSXC: 2229.9?7 _"""""""""""~"""" .. . ""I"""""""""""
SPECIAL PROVISIONS
1. Seller shall pay all 1994 prqerty taxes on property known
as Tax Key No. 2229.997. hs 110 the portion of the property
being purchased by the Bzyex, the proportionate share (based upon acreage) of the taxes shall be calculated when the 1994
tax bill becomes available and the hver shall reimburse the
2
Sellar at the time of payir.ent: of said-1994 taxes for its
prorated share of the 1994 CBXCS.
Special assessmen:s oil the property consist of the following
and shall be paid as follows:
A. Water reserve 2apacity assessments and sewer reserve
capacity assessments shall. remain on the portion of the
property the B-.:ycr is buying and on the portion of the
property remai:?ing in :?!e ownership of the Seller, and
when and if said assessm+nts become &e, shall be the
responsibility of t.he owcer o! each of said properties.
However, the foregoing shall in no way alter, reduce or
dated the -__"I
limit the Sellcr's right:^ set ouc in the Agreement
day ci
Seller anci Euyer regar6i!lg Seller's discharging its
leachate inco ::he City's sanitary sewers.
B. The only other aseessaeats are water front foot
I. . .. "_, .. ' 19" between the
assessment in the amotzt of $9,333.59 as of April 21,
1994 ar?d sewer fro>; fox: assessr:lent in the amount of
Tax Key No 2229 997. The amount of the watdr front
$19,349 05 as of April 2;., 1954 as t.0 the entire parcel
No. 2225.997 bcing acquired by the City is $5,004.73 as
foot assessment: attributab3.e to that portion of Tax Key
of April 21, li;94; the $5,304.73 referred to above is a
portion of the Gefrrred water assessment and not that
portion of the water zssessment being paid on
installments. The amcunt of the sewer front foot
assessment attributabie t~ tha: portion of Tax Key NO.
~pril 21, 1994; the $?1,620 (17 referred to above is a 2229.997 being acquirei by Lhe City is $11,620.07 as of
portion of the deferred sewer assessment and not that
portior. of the sewer g3::F:ssTnent being paid on
installments. AS betwem the Buyer and the Seller, the
Buyer shall be responsible for said assessments
at'cributable 110 the portion of the land bein? purchased
by the Buyer as stated above. ~13. remaining water and
sewer front foot assessments shall be paid by Seller
when due.
3. The Seller appxoached the City of Muskego wishins ts give
the property which is the subject matter of this transaction
to the City as it is contemplated that the City will be
building a water reservoir on the property which is the
subject of this transaction which will benefit ths Seller if there are any further problems with private wells Fr. rhe area of its 1andfil.l. The parties agree that the Seller
approached the Buyer concerning this transaction ar.5 thac
Buyer would not and is not proceeding in accord wi:h its
condemnation power:;. For valuable consideration, :he seller
hereby waives any t,ights it may have purs:ant to h'icccnsin
Condemnation and RE:l,ocatim l.jsw.
ADDEN3UM
TO VACFNT LAND OFFER TO PURCHASE
MADE EY THE CITY OF MUSKEG0 TO
WASTE MMAGEMENT OF KISCONSIN, INC.
1. This offer i6 subject t,c all. of the Restrictions, Covenants
and Conditions 5et forth GI! the Quit Claim Deed attached
hereto as Exhibit il and nad? a part hereof.
2. This offer is contingent upm the Buyer execu;ing and
delivering to the Seller at tho Closing contemplated herein, the Release atrachwi hereto as Exhibit B.
3. This offer is further cca?ir!<;e;i: upon the City paying all
Seller's reasonablc at:orn.-y's fees associated with this
transaction includ..no the Sell.er's attorney's preparation of
this Offer to Purchese in thc. alnount of $ at
closing.
.... ....... ............................................
qult<laimn b ....... ~.i.~Y...n~...M.uak~g.~~. .a...Wis.c.o.zns.in ............. .. ,.Mun.ic~.~.a.l. .Cwmrn.t.io.n.
........... ................................. ... ............... ........... ...................................... ..
............................. ...................... .....
the following dcncribcd real estetc in .... Iia:ukesha. County.
6hte of W'irconrin:
.......... -, . -. .. ." - ............. " "" - ...
.IlW"'l 10 City of Muskego
p.0. Box 903
Lot lrof Certified Survey Map No. 7300, recorded on
'. a part of the NW 1,/4 of the NE 3./4 of Section 18, Town
February 24, 1994 in ~Volw 62 of Certified Survey Maps Part of Tax Key No. MSKE
~.M~keg~++I-=53150 ;:."I
on Pages 20, 21 and 22, as Docmmt No. 1941518, being T~~ pnrcel N~: .2228,,99?
i Waukesha, State of Wisconsin.
5 North, Range 20 East, City of Muskego, County of
...........
I
THIS QUIT CLAIM DEED IS SUBJECT M THE RESTRICTIONS,
COVWWS AND CONDITIONS ATTACHED HERFI'O AND MADE A ' PART HEREOF. I
..... .............
,I ............ .(SGAL) By: (SEAL)
Richard t.."AnCelet I President ................ ..,,I, , .. .......................... 0 '' ........................
a RESTRICTIONS, COVENANTS AND CONDITIONS
This Quit Claim Deed i,; given hy Waste Management of Wisconsin, Inc. subject to the fo,llowing restrictions, covenants and
conditions:
1. Neither the City (of Muskego nor any agent, employee or
well on the property described her-ein
invitee shall ever insta1,l a public or private water supply
2. Waste Management o€ Wisconsin, Inc. hereby advises that the
property conveyed herein is located adjacent to a facility which has been placed on the National Priorities List (a/k/a
Superfund) which :is currently undergoing remediation. The
City of Muskego, by acceptance of this Quit Claim Deed,
acknowledges that the property conveyed herein is located
immediately adjacent t.0 a fazility undergoing remediation
and releases Kastt: Management of Wisconsin, Znc. from any
claims or causes of action that the City may have due to its
possession, ownership a,nd control of the property conveyed herein, with the t?xcegtion that the City reserves any and
all claims or causes of ac~ion fox contribution in the event
any action or cla:.m i!:: cenrintled, maintained or brought
against the City.
0 5. Kaste Management of Wisc:cmsir!, inc. makes no representations or warranties that: the propercy conveyed herein is or will
be suitable fc:: :!?e use?; conc.emp1ar:ed by the City and
advises that the !:ity shall undertake its own investigation
of the property p:ior to :i!:.s acceptam? 32 this Deed.
4. The City of Muskego, its successors and assigns may use the
property conveynd herein cnly for J water reservoir and for ne other purgosc rrkatsocvsr fc;r a period of ten years from
the dart of this rkrd cunvey.i~~y rhe property in question;
after that period of time, the City of Muskego, its successors or as$igns may USE the property for any purpose
nay sell, transfer, alienate or otherwise convey the it sees fit; the City of Musk?go, its successors or assigns
property herein ai: any rim but only for use as a water
reservoir and for no other purpose whatsoever for a period of ten years from the date of this Deed conveyin9 this
property; the City of Muskego, i.ts successora or assigns may
herein free of all. restrictions, CovenanKs and conditions
sell, transfer, al.ienate t'r otherwise convey the property
atcached to this Iked at any time after the period of ten
years from the date 02 this 354.
5 If the City of Muskego, it.s ~uc~essors and assigns fails to ucilize (meanirlg heginnin.j construction of the water
reservoir) rhe property conveyeti herein within five years
conveyed herein sha2.1 irnmediat.c:l.y reverr; to Waste Management
from the date of t.his Deed, the:] 1;i.tle to the property
of Wisconsin, Inc
P 88
0 6. The City of Muskeqo, its SUCC~SSOTS and assigns may only sell, transfer, alienate or otherwise convey the property
conveyed herein subject to che restrictions, covenants and
conditions contained in this Deed for a period of ten years
from the dace of ?-his Deed; if the property is conveyed in
violation of said rest.rictione, covenants and conditions
within ten years of the date of this Deed, the property
conveyed shall imnediately revert to Waste Management of
Wisconsin, Inc
RELEASE
WHEREAS, the undersigned Buyer has entered into a binding
agraement (ttAgreement") to purchase u.?improved property located
in the City of Muskego, Waukesha County, Wisconsin, from Waste
Management of Wisconsin, Inc, (hereinafter "Waste Management"),
more particularly described as €olJ.ows:
Lot 1 Of Certified Survey Map NO. 7300, recorded on February 24, 1994 in Volume 62 a€ Certified Survey Maps
a part of the Nw 'x of the NE K of Section 18, Town 5
North, Range 20 Ea.st, City of Maskego, County of
Waukesha, State of Wisronsic
Part of Tax Key No MSKC 2229.197
WHEREAS, pursuanz '-0 the tcms of said Agreement, Buyer has
,On Pages 20, 21 ad 22, as Document No. 1941518, being
and
agreed to give a Releast? to h'zstc Management; .and
WHEREAS, Waste Managemerlc has deemed that said Release
0 constitutes an element of its bargain; and
WHEREAS, Waste Msnisgement. anri euyer nave previously entered
into the Stone Ridge I ~2nd IT hniif~ll Final Negociated
Apreements, with Waste 14anagcrrle!?t. cxemtixg the same on February
24, 1992 and the City or: April 28, ,352, which Agreements
provided that Waste Maningement woluld indemnify Buyer for certain
events occurring a: the Solid Waste Facility and further provided
tnat Waste Management would relcasti. B\;yer from environmental
conditions and exposure; ad
WHEREAS, the aboJe -2esczi+;i propcr,ty which Buyer desires to
ourchase constitutes a portlor. i:,f t!~,? Srilici Waste Facility; and
WHEREAS, the parl-,il.:s wish x1 c:Larify :hat the release and
indemnification all hemtofore givcr~ by mste Manaqement shall
r.0; apply to that prt:i.cn of! the 6c1!.id Waste Facility purchased
by Buyer.
NOW, THEREFORE, in conr:iaerat..i.3r. e? c!le cover.ants set forth
ir. the Agreement, the al3equac:y of whicn he Buyer acknowledges,
3uycr agrees to the fol:lowii'l:z
1. Buyer, by er.et:utior: of t!:is full and complete Release,
hereby releases Waste M,3nayemei?L f t'ox Lt12 release and
EXHIBIT F
indemnification preViou;ly give11 ty Waste Management to ~uye~ as * found in the Stone Ridgc: I and 11 Landfill Final Negotiated
Agreements as that release and indzmnification applies to the
above-described property conveyed to Buyer
2. This Relesse shall o?ly apply to the above-described
property conveyed to Bq‘er by kizste Management and shall not in
any way affect the indemnifica:ion a$rcement: given by Waste
Managernenc to the City c.f Mushy purs~~anr. to the Stone Ridge I
and 11 Landfill Final Negotiacaci AGrcernenrs as to property not
conveyed to Buyer
3. Buyer acknowl.eages t.i?it. ky txecutio3 of this Release,
it is waiving its rights and ?c~.h~r acknowledge that it has
consulted with competext legal cO.dI:seJ. and has been advised by
its legal counsel of the effect af it.:; cxecut-ion of the Release.
4. This Release shall rrml.rl i!: full force and effect md
shall be binding upon chs hyer, its ageccs, employees, invitees,
officers and officials a:d my zr,d ill: of its department,
entities, partnerships, or jo~;:: vm:u.res.
5. For the purpcs,: of L!:S cy:-ecw:t, Waste Manage3er.t
shall include Waste Kans!;e;idnt r:i ‘;,iFconsin, Inc. and any ar,d all
agents, employees and af:liliat.cs of h’;i~te Management, including,
without limitation, any ro:porztio!:ls or antiti.es controlling,
controlled by or under cornrrcxi cc::cr:,>l with Waste Management.
C.3 31’ MCSKEGC
: ...-....
13avlci :,, DE Angelis, Mayor
I.
”i ^. . , . ~
STATE OF WISCONSIN
COUNTY OF WAUKESHA )
,.Tear; K, Marenda, Clerk
1 ss.
I known to me t.n be the persons wkc. ~:r+?~~:.e!d the foregoing
instrument for and on b?!Lalf of :.he C:iry of Kuskego.
”. NCTAi?’! PIlRI,IC, STATE OF WI
MY commission expires: