CCR1994250COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #250-94
RESOLUTION AS TO OFFERS TO PURCHASE
EASEMENTS
(Sanitary Sewer - Mystic Drive/Foxboro North)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Utilities Committee, does
hereby authorize the execution of Offers to Purchase for zero
dollars and necessary closing documents for permanent sanitary
sewer easements and temporary construction easements for the
Mystic Drive/Foxboro North Sanitary Sewer Project for the
following properties:
Tax Key 2203.989
Edward and Darlene Duklas
Tax Key 2203.994
Tax Key 2203.994.001
John Michur & Sonia Iglinski
Tax Key 2203.993
Tax Key 2203.995.002
Gary and Carole Reich
Tax Key 2203.995.001
Philip and Carolyn Schuenke
Tax Key 2203.992
Earl Mayer
Tax Key 2203.995.004
Lawrence and Cindy Schweitzer
Tax Key 2203.991
Tax Key 2203.991.001
Jane Ellen Frei
(A SAMPLE OF THE DOCUMENTATION IS ATTACHED)
DATED THIS 22ND DAY OF NOVEMBER, 1994.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. David J. Sanders
Ald. Domonic D'Aquisto
Ald. Donna M. Woodard
This is to certify that this is a true and accurate copy of
Resolution #250-94 which was adopted by the Common Council of
the City of Muskego.
11/94
4 (i
47 Huyer agrees that unless otherwise specified. hyer will. in good faith, pay all costs of securing any financing to the extent
permilled hy law. and will perform all arts necessary tn expeditr such financinrr. Inrlud~~d~nth~purch;~srpricr;~renurh~rf~hrfnll~~rvingiL~ms~~sma.vh~~ontheproprrt.v~~nthr~atr~~fthisr~ffcr.whirhwillhe
dt.liverrd frcc and rlwr ofenrumhrances: xll fixtures: and all ganlrn Ilulhs. plants. shrubs and trees.
.. .. ~~
.'->I Al~l~lTl~l~Al,lTl~MSlN~~l,lll~Kl~ IN TIII~SAl.E:None~
,>i
XI
r.
..
I'l~V:MS NOT lNC1,tlI~~~l~ IN TIIK SAI,K: N0n.e:
...........
..........
,
.......... .. .. .... easement ..
Sellershall,uponpaymentof~hepurchaseprice,~~nv~y~hr~r~~perlyh
5H Frrcand rlearofall lirnsand ~ncumhrances.exreptinrr: municipal and znn-recorded e;lsements forpuhlic utilities
orothprr,,nveynnccpr,lvidrd herein.
.'19 serving the property. recording huilding and use restrictions and rovenants. general taxes levied in the year of closing XK&
60 .... ..... provided none of the foregoing prohibit present use.
61 andSellershallcompleteanderecutethedocumentsnecessarytorecordtheconvcyance.~WARNING:Kecordcdbuildingandust.
63 Thisoffcrisbindinguponbothpartiesonlyifacopyoft a ce Led rir; ep qile
62 restrictions and covenants can have material impact on the use of or improvements Lo the property.) &us\2go @gy AaLy, P,.~~t~~i~rsgrepaid.i;.;~iL'.~.lnaii
', (L: :br. i> .~IL..~~.L~ uellvwy system. aooressed LO buyer at' .YU>.P. NuSK%Ot WS. .WS-!
65 delivery ofthc accepted offer to Buyer on or before Otherwisc, this offer
. or by personal
66 is void and all earnest money shall be promptly returned to Ruyer.
67 This transaction is to be closed at the office of Buyer's mortgagee or at the office of .M"S!.?LP city Hal!. 1 68 on or before
fi9 Legal possession of property shall be delivered by Buyer on dale of closing.
19. , or at such other time and place as may be agreed in writing.
70 It is understood the property is now occupied by .@Fer.(?).
71 under (oral lease) (written lease). which terms are: .nLa.
73
72
74
7fi
77
7H
79
Occupancy of the. .ea?eFnt. .. ... shall be given to Buyer on c1?sing
75 3
.. .....
H4
85
86 H7 xx
102 be on the basis of $.
10:1
estimated annual tax.
11)7
..... David L. ~e Ange'iis, Mayor ..
(Iluwrl Jean K. Marenda, Clerk I I%tlvt.rl
I<un,r's- .. ID. No..
Ihted: 19.
GARY R. RFICH
Offer is rejected (Sellm initial.) Seller's Sorial Security No
CBll I!). ill
tsei~crr
111.
ml’IC DRIVE BASBUENTS
A permanent sanitary sewer easement acro6s the Westerly 20 feet a6
measured normal and para.llel to the West line of the following
described property;
A temporary construction eaaement across the EaBt 20 feet of the
Westerly 40 feet a6 measured normal and parallel to the West line
of the following describe,j property;
Parcel 3 of Certifielj Survey Map No. 536 being a part of the
Sw 1/4 of Section 11, T 5 N, R 20 E, in the City of Muskego,
Waukesha County, Wisconsin, recorded on February 24, 1967 at
Waukesha County in Volume 3 of Certified Survey Maps on Pages
261 and 262 as Docum?nt No. 678857.
ADMISSION OF SERVICE
Due Service of a Copy of:
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTES §32.05(2a)
Admitted this day of , 1994.
GARY REICH
CAROLE REICH
NOTICE OF RIGHT TO APPEAL THE
AMOUNT OF COMPENSATION PURSUANT
TO WISCONSIN STATUTE §32.05(2a)
Any person named in the Certificate of Compensation, a copy
of which is attached hereto, may within six (6) months after the
date of recording of said Certificate, appeal from the amount of
compensation therein stated in the manner set forth in Wisconsin
Statute 32.05(9) to (13) for appeals from an award under
Wisconsin Statute §32.05(7). For purposes of any such appeal,
the amount of compensation stated in the Certificate shall be
treated as the award and the date the conveyance is recorded
shall be treated as the date of taking and the date of
evaluation.
Dated this day of , 1994.
CITY OF MUSKEG0
0 ATTEST :
Jean K. Marenda, Clerk
David L. De Angelis, Mayor
CERTIFICATE OF COMPENSATION
Pursuant to Wisconsin Statute g32.05(2a), this document
shall be recorded with the Waukesha County Register of Deeds,
Waukesha, Wisconsin.
That the City of Muskego has acquired easements in the
property described below pursuant to Section 32.05 of the
Wisconsin Statutes.
1. The identity of all persons having an interest of record
in the property immediately prior to its conveyance is as
follows:
Gary Reich and Carole Reich, his wife
2. The legal description of the property in which a
permanent and temporary easement were acquired is as follows:
See Attached Legal Description Marked Exhibit "A"
3. The matter of the interest acquired 2nd the compensation
for such acquisition is as follows:
The matter of the interest acquired is a
permanent and temporary easement for
sanitary sewer improvements.
The amount of compensation is $0.00.
4
Dated this day of , 1994.
CITY OF MUSKEG0
David L. De hgelis, Mayor
ATTEST :
CITY SEAL
Jean K. Marenda, Clerk
This Instrument Was Drafted By:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY & RIFFLE, S. C.
Waukesha, Wisconsin 53187-1348
720 N. East Avenue, P. 0. Box 1348
A permanent sanitery ceve): easement aero66 the Westerly 20 feet as
messured normal and para.lle3 to the We6t line of the following
described property;
A temporary construction easement BCroOs the EaBt 20 feet of the
Westerly 40 feet as measured normal and parallel to the West line of the following describe,j property;
Percel 3 of Certified Survey Hap NO. 536 being a part of the
Sw 1/4 of Section 11, T 5 N, R 20 E, in the City of Mubkega,
Weukesha County, Wis>:onsin, recorded on February 24, 1967 at Waukesha County in Volume 3 Of Certified Survey Maps on Pages
261 an6 262 8s Docummt NO. 678857.
WAIVER OF APPRAISAL, RECOMMENDATION & APPROVAL
NOMINAL PAYMENT OR NO PAYMENT PARCEL
Owner: Gary Reich and Carole Reich, his wife
Acquisition of: See Attached Legal Description
Interest Acquired: Permanent and Temporary Easement
for Sanitary Sewer Improvements
The undersigned owners of land designated as in the attached
legal description, containing approximately acres, agrees
to accept settlement in the amount of $0.00 as full payment for
the permanent and temporary easement stated, subject to the
approval of the City of Muskego.
The undersigned owners having been fully informed of the
right to have the property appraised, and to receive just
compensation based upon an appraisal, have decided to waive the
right to an appraisal.
waive such right to an appraisal was made without undue influence
or coercive action of any nature
The undersigned owners further state that the decision to
4
It is intended that the instrument of conveyance will be
executed upon presentation by the City of Muskego, agents or
representatives.
Dated this day of , 1994.
Gary Reich
Carole Reich
A permanent ranitary sewer easement acto66 the Westerly 20 fret 66
messured normal and para.lle1 to the We6t line of the following
described property;
A temporary conetruction eaaement aCrOEs the EBBt 20 feet of the
Westerly 40 feet a6 measured normal and parallel to the West line
of the following described property;
Parcel 3 of CertifiemS Survey Nap No. 536 being B part of the
SW 1/4 of Section 11, T 5 N, R 20 E, in the City of Nuskega,
Kaukesha County, Wism:onsin, recorded on Februery 24, 1967 at
Kaukesha County in Volume 3 of Certified Survey Map6 on Pages
261 and 262 as Docum.znt No. 610057.
AMOUNT OF COMPENSATION PURSUANT
WAIVER OF APPEAL RIGHTS AS TO
TO WISCONSIN STATUTE S32.05
For valuable consideration, hereby acknowledged by the
undersigned, we hereby waive any and all rights that we may have
to appeal the award of compensation, made under Wisconsin Statute
§32.05.
Dated this day of , 1994.
Gary Reich
Carole Reich
EASEMENT
THIS INDENTURE, made this day of , 1994,
by and between GARY REICH & CAROLE REICH, husband and wife,
hereinafter referred to as party of the first part, and CITY OF
MUSKEGO, located in Waukesha County, Wisconsin, hereinafter
referred to as party of the second part.
WITNESSETH:
WHEREAS, the party of the first part, GARY REICH & CAROLE
REICH, owns a parcel of real estate located in the City of
Muskego which is described as follows:
SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "A"
WHEREAS, party of the second part has requested from the
party of the first part a permanent sanitary sewer easement for
sanitary sewer purposes including construction, repair,
maintenance and reconstruction of the sanitary sewer and a
temporary construction easement for sanitary sewer improvements.
NOW, THEREFORE, party of the first part, in consideration of
the sum of ONE DOLLAR and other good and valuable consideration,
the receipt whereof is hereby acknowledged and confessed, do
grant and convey unto the pxty of the second part, forever, a
permanent sanitary sewer easement for sanitary sewer purposes
including construction, repair, maintenance and reconstruction of
the sanitary sewer and a temporary construction easement for
sanitary sewer improvements in the City of Muskego, Waukesha
County, Wisconsin, on, over and in the following described real
estate:
SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "B"
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 for and incidental to the construction, repair,
maintenance and reconstruction of said sanitary sewer, but
reserve to themselves the right to make such use of land included
in said easement, subject to the ordinances of the City of
Muskego, the regulations of the party of the second part, and the
statutes of the State of Wisconsin as will not disturb or
interfere with such sanitary sewer or prevent ingress, or egress,
thereto for the purpose of construction, repair, maintenance and
reconstruction thereof.
The parties expressly acknowledge that the party of the
second part may allow others not parties to this easement to use
the easement for the purposes indicated above.
THIS INDENTURE, upon its acceptance by the party of the
first part, shall be binding upon and inure to the benefit of the
parties hereto, their respective heirs, successors and assigns.
IN WITNESS WHEREOF, party of the first part has executed
this indenture the day and year first above written
THIS IS NOT HOMESTEAD PROPERTY.
GARY REICH
CAROLE REI CH
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss.
Personally came before me this day of
1994, the above named GARY REICH & CAROLE REICH, to me known to
be the persons who executed the foregoing instrument and
acknowledged the same.
THIS INSTRUMENT WAS DRAFTED BY
Attorney Donald S Molter, Jr.
ARENZ, MOLTER, MACY & RIFFLE, S.C.
Waukesha, Wisconsin 53187-1348
720 N. East Avenue, P.0 Box 1348
-2-
~
NOTARY PUBLIC, STATE OF WI
My commission expires:
Certified Survey bps on Pages 261 and 262. as Document No. 678857. being a part of
Parcel 3 of Certified Survey Map No. 536. recorded on February 24, 1967 in Volume 3 of
the SW 1/4 of Section 11. Tm 5 North, Range 20 East, City of Muskego, County of
Waukesha. State of Wisconsin.
TOGETHER vith an easement for the purpose of constructing and maintaining a private
aevage disposal system for the purpose of serving the buildings to be constructed on
the above described premises on the adjacent premises described as follovs:
All that part of the Southwest 1/4 of Section 11. Tom 5 North, Range 20 East. in the
City of Muskego. County of Waukesha. State of Wisconsin, bounded and described as
follovs:
Comencing at the Southwest corner of the said quarter Section: thence North 25.0
feet: thence South 89O 53.5' East 1324.0 feet to the West line of Mystic Drive: thence
North Oo 24' East on the said West line of road 820.0 feet to a point: thence West
181.5 feet to the point of beginning of the lands herein described: thence continuing
West 152.0 feet: thence North 0' 24' East 120.0 feet: thence East 152.0 feet: thence
South Oo 24' West 120.0 feet to the point of beginning. The aforesaid sewer easemen:
to continue until 60 days after a municipal sewer is available for rhe use of the
premises hereby conveyed.
Tax Key No MSKC 2203 995.002
msg'rc DRIVE EASEUENTS
A permanent ranitary newel: easement acro66 the Westerly 20 feet a6
measured normal and para.lle1 to the West line of the following
described property;
A temporary construction easement acro66 the East 20 feet of the
westerly 40 feet as measured normal and parallel to the West line
of the following describe,j property;
Parcel 3 of Certified Survey Hap No. 536 being a part of the
Sw 1/4 of Section 11, T 5 ti, R 20 E, in the City of Kuskega, HailkeEfia County, WiSCO>6in, recorded on February 24, 1967 at
Piaukesha County in Volume 3 of Certified Survey Maps or. Pdges
261 and 262 as Documc?nt No. 678857.