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CCR1995045AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #45-95 RESOLUTION AS TO OFFER TO PURCHASE EASEMENT (Southeast Sewer/Forced Main) BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby authorize execution of the attached Offer to Purchase for zero dollars and necessary closing documents for permanent and temporary construction easement for Twin 12" Sewage Force Mains for the Southeast Sewer Project for the property owned by Evelyn and Margaret Krause. BE IT FURTHER RESOLVED that the Common Council of the City of Muskego does hereby extend the acceptance and closing dates of of the easement to the form attached hereto or a similar form the Offer to Purchase agreeable to the Mayor and change the form agreeable to the Mayor. DATED THIS 11th DAY OF APRIL , 1995 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 Resolution #45-95 which was adopted by the Common Council of the City of Muskego. 3/95 jmb e PROPOSED AMENDMENT TO RESOLUTION #45-95 BE IT FURTHER RESOLVED that the Common Council of the City of Muskego does hereby extend the acceptance and closing dates of the Offer to Purchase agreeable to the Mayor and change the form of the easement to the form attached hereto or a similar form agreeable to the Mayor. COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #45-95 RESOLUTION AS TO OFFER TO PURCHASE EASEMENT (Southeast Forced Main) BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby authorize execution of the attayhed Offer to Purchase for zero dollars and necessary closing documents for permanent and temporary construction easement for Twin 12" Sewage Force Mains for the Southeast Sewer Project i for the property owned by Evelyn and Margaret Krause. DATED THIS 28 DAY OF ~AKCH 1 , 1995. / SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. David J. Sanders Ald. Edwin P. Dumke This is to certify that this is a true and accurate copy of City of Muskego. Resolution #45-95 which was adopted by the Common Council of the n Permanent and Temporary Constmction Easement For Twin 12" Sewage Force Mains All that part of the Northeast 1/4 and Southeast 1/4 of Section 25, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, on lands recorded on Reel 46, Inagzs 1278 to 1281 inclusive, Document No. 856833, Ofice of the Register of Deeds, Waukeska County, Wisconsin, being bounded and described as follows: Commencing at the center of said Section 25; thence North 8772'54'' East, along the Nor& line of the Southeast 1/4 of Section 25, (East 114 line), 1768.35 feet; thence South OO"56'44" being the Northeast comer of Parcel 1 on Certified Survey Map 4264; thence along s2id East, 50.85 feet to the Southerly right-of-way line of Loomis Road (S.T.H. "36"), said point highway ri@-of-way line, and the arc of a curve to the le& 215.30 feet; radius of 117130 feet; and a chord bearing North 71"34'14" East, 215.00 feet to the place of beginning; thenc: continuing along said right-of-way line and the arc of a curve to the left, 179.36 feet, radius of 1171.50 feet and a chord bearing North 61"51'09" East, 179.19 feet to the Westerly right- of-way line of S.T.H. "45"; thence South 07"04'55" East along said Westerly right-of-wy line, 39.09 feet; thence South 71"OO'OO" West, 168.06 feet; thence North 23"41'40" West, 10.00 feet to the place of beginning containing 0.0849 acres, together with the follow~g described temporary constmctlon easements: 1, A 10.00 foot wide strip of land containing 0.04 acres more or less lying Southe:iy parallel and adjacent to the above described permanent sanitary sewer easement 2. A 20.00 foot wide sbip of land containing 0.10 acres more or less, lying Southcrly 0 parallel and adjacent to the following described line: Beginning at the Northeast comer of Parcel No. 1 on CSM No. 4264 as previously described; thence along the Southerly right-of-way line of Loomis Road (S.T.H. "56'3 and the arc of a curve to the left, 215.30 feet, radius of 1171.50 feet and a chord bearing North 71'34'14" East, 215.00 feet to the point of termination. 1 WB-13 VACANT LANIIOFFERTO PURCHASE Muskesi?. ,Wisconsin. ,Mar.Ch .?I I. , I9 9.5 33 35 34 36 37 38 39 40 41 42 43 44 15 ... .... 4fi 47 Isuyer agrees that un'less dhcrwisc specified. liuycr will, in good faith. pay all costs oisccuring any financing to the extent 48 permitted by law, and will perform all acts necessary to expedite such financing. 4Y 50 delivered free and clear ufencumhrances: all lixturus: and a11 garden hulbs. plavts. shrubs and trees. Includedinthepurchasepricearesuchofthefi~llowingitemsasmaybeonthcpropertyonthcdateofthisuffcr~whichwi~~be 51 ADDITIONAL ITEMS INC.I,Ul)EIl IN 1'1115 SALE: None: 52 52 ... .. ~~ 60 :~:. ........ .. ;provided none of the'foregoing prohibit present use. 61 .:~and.Sellershallcompleteandexecutethedocumentsnecessarytorecordtheconveyance.(WARNING:Recorded buildinganduse 62 restrictions aud.covenants#Van have material impact,on the.use of or improvements to the property.) 63 Thisoffer.isbinding.uponbothpartiesonlyIfacopyoftheacceptedqfferisdeposited, ostageorfeesprepaid,intheU.S.mail 64 or a commercial delivery system. addressed to Buyer.at .,. : / Muskego, WI 55150 , or by personal '65 delivery of the accepted offer to Buyer on or before HFf/.,/!, 7, . ./.?.% . . Otherwise. this offer 66 is void and all earnest money shall be promptly returned o Buyer r_l.. . ~_I.ID-.._II~LIS.IV.I~,~.," uC b~uDriu LTW ~rnce ur nuyer's mortgagee ur at the omce of ......... 19.95 ..or at such other time and place as may be agreed in writing. r. .- I .... , ...... .:,.~. ;, !.,,.I Muskego City Hall P.8. Box 903, .I ... ............................. city of Muskego on or before Ap.;k &5! .. Legal possession.of property shall.be delivered by'Buyeron'date ofclosing. I": I ' " "" ' It is understood $he property is now occupied by. .?W.eCS ................ .,. 71 under (oral lease) (written lease), which terms are: .n/.3 ......... 72 73 shall be given to Buyer on .Closing. 74 75 wc 7fi no nI nz H.'I 84 x5 Rfi R7 RR A9 91 92 .?:I 94 95 96 97 98 99 gn I on 101 I n:! 111:1 1114 EXCEPT[ONSTO WARRANTIES AND REPRESENTATIONS STATEL) IN LINES HI) TO 90: No!?? .... ....... .. ....... .. It was presented to Seller hy This offer was drafted hv (I.iccnsel, and Iirm) EASEMENT THIS INDENTURE, made this day of , 1995, by and between EVELYN KRAUSE, a single person, & MARGARET KRAUSE, a single person, 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, EVELYN KRAUSE & MARGARET KRAUSE, 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, repzir, maintenance ana reconstruction of the sanitary sewer and a temporary construction easement for sanitary sewer improvements. 0 the sum of ONE DOLLAR and other good and valuable consideration, NOW, THEREFORE, party of the first part, in consideration of the receipt whereof is hereby acknowledged and confessed, do grant and convey unto the party of the second part, forever, a I 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 : I 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 seconc 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 WiEREOF, party of the first part has executed this indenture the day and year first above written. THIS IS NOT HOMESTEAD PROPERTY EVELYN KRAUSE MARGARET KRAUSE STATE OF WISCONSIN ) COUNTY OF WAUKESKA ) )ss. Personally came before me this day of 1995, the above named EVELYN KRAUSE & MARGARET KRAUSE 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: ARENZ, MOLTER, WXY & RIFFLE, S.C. Attorney Donald S. Molter, Jr Waukesha, Wisconsin 53187-1348 720 N. East Avenue, P.0 Box 1348 -2- AMOUNT OF COMPENSATION PURSUANT WAIVER OF APPEAL RIGHTS AS TO TO WISCONSIN STATUTE 532.05 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 , 1995. EVELYN KRAUSE MARGARET KRAUSE Perinaneat and Temporary Construction Easement For Twin 12" Sewage Force mains All that part of the Northevt 114 and Southeast 1/4 of Section 25, Town 5 North, Ranze 20 Eat, City of biukego, Waukesha County, Wisconsin, on lands recorded on Reel 46, Images 1278 to 1281 ixcluslve, Document No. 856833, Office of the Register of Deeds, Waukeiha County, Wisconsin, being bounded and described as follows: Commencing at the center of said Section 25; thence North 877.2'54'' East, along the North line of the Sourheast 1/4 of Section 25, (East 1/4 line), 1768.35 feet; thence South OO"56'44" East, 50.85 feet io the Southerly right-of-way line of Loomis Road (S.T.H. "W), said point being the Noriheast comer of Parcel 1 on Certified Survey Map 4264; thence along s2id highway right-of-way line, and the arc of a curve to the left, 215.30 feet; radius of 117130 feet; and a chord bearing North 71"34'14" East, 215.00 feet to the place of beginning; thence continuing along said right-of-way line and the arc of a curve to the left, 179.36 feet, radius of 1171.50 feet and a chord bearing North 61'51'09'' East, 179.19 feet to the Westerly ri&- of-way line of S.T.H. "45"; thence South 07O04'55" East along said Westerly right-of-way line, 39.09 fset; thence South 71"OO'OO" West, 168.06 feet; thence North 23"41'40" West, 10.00 feet to the place of beginning containing 0.0849 acres, together with the following described temporary construction easements: 1, A 10.00 foot wide strip of land containing 0.04 acres more or less lying Southerly parallel 2nd adjacent to the above described permanent sanitary sewer easement 2. A 20.00 foot wide strip of land containing 0.10 acres more or less, lying Southerly parallel 2nd adjacent to the following described line: Beginning at the Northeast comer of Parcel No. 1 on CSM No. 4264 as previously described; thence along the Southerly right-of-way line of Loomis Road (S.T.H. "36") and the arc of a curve to the left, 215.30 feet, radius of 1171.50 feet and a chord bearing North 71"34'14" East, 215.00 feet to the point of termination. WAIVER OF APPRAISAL, RECOMMENDATION & APPROVAL NOMINAL PAYMENT OR NO PAYMENT PARCEL Owner: Evelyn Krause, a single person and Margaret Krause, a single person 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 0.0849 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. The undersigned owners further state that the decision to waive such right to an appraisal was made without undue influence or coercive action of any nature. 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 , 1995 EVELYN KRAUSE MARGARET KRAUSE NOTICE OF RIGHT TO APPEPL THE AMOUNT OF COMPENSATION PURSUANT TO WISCONSIN STATUTE §32.05(2a) Any person named in the Certificate of Compensation, a copy of which is atteched hereto, may within six (6) months after the date of recordin? 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 zppeal, 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 , 1995. CITY OF IWSKEGO ATTEST: David L De Angelis, Mzyor Jean K. Marenda, Clerk Permanent and Temporary Construction Easement For Twin 12" Sewage Force Mains All that part of the Northeast 1/4 and Southeast 1/4 of Section 25, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, on lmds recorded on Reel 46, lmages 1278 to 1281 incluswe, Document No. 856833, Office of the Register of Deeds, Waukesha County, Wisconsin, being bounded and described as follows: Commencing at the center of said Section 25; thence North 8772'54" East, along the North line of the Southeast 1/4 of Section 25, (East 1/4 line), 1768.35 fet; thence South OO"56'44" East, 50.85 feet to the Southerly right-of-way line of Loomis Road (S.T.H. "36'7, said point being the Northeast comer of Parcel 1 on Certified Survey Map 4264; thence along said highway right-of-way line, and the arc of a curve to the lek 215.30 feet; radius of 1171.50 fect; and a chord bearing North 71"34'14" East, 215.00 feet to the place of beginning; thence continuing along said right-of-way line and the arc of a curve to the lek 179.36 feet, radius of 1171.50 feet and a chord bearing North 61°51'09" East, 159.19 feet to the Westerly right- of-way line of S.T.H. "45"; thence South 07"04'55" East dong said Westerly right-of-way line, 39.09 feet; thence South 71"OO'OO" West, 168.06 fett; thence North 23"41'40" West, 10.00 feet to the place of beginning containing 0.0849 acres, together with the following described temporary consmction easements: 1, A 10.00 foot wide strip of land containing 0.04 acres more or less lying Southerly parallel and adjacent to the above described permanent sanitary sewer easement 2. A 20.00 foot wide strip of land containing 0.10 acres more or less, lying Southerly 0 parallel and adjacent to the following descnbed line: Beginning at the Northeast comer of Parcel No. 1 on CSM No. 4264 as previously described; thence along the Southerly right-of-way line of Loomis Road (S.T.H. "36") and the arc of a curve to the left, 215.30 feet, radius of 1171.50 feet and a chord bearing North 71"34'14" East, 215.00 feet to the point of termination. CERTIFICATE OF COMPENSATION Pursuant to Wisconsin Statute §32.05(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 : Evelyn Krause, a single person Margaret Krause, a single person 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 and 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. Dated this day of , 1995. CITY OF MUSKEG0 David L. De Angelis, Mayor ATTEST : CITY SEAL Jean K. Marenda, Clerk This Instrument Was Drafted By: Attorney Donald S. Molter, Jr. ARENZ, MOLTER, MACY & RIFFLE, S.C 720 N. East Avenue, P. 0. Box 1346 Waukesha, Wisconsin 53167-1348 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 , 1995. EVELYN KRAUSE 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 , 1995 MARGARET KRAUSE ADMISSION OF SERVICE Due Service of a Copy of: CERTIFICATE OF COMPENSATION & NOTICE OF RIFHT TO APPEAL THE AMOUNT OF COMPENSATION PURSUPJT TO WISCONSIN STATUTES §32.05 (2a) Admitted this day of , 1995 EVELYN KMUSE 0 I Tax Key No. MSKC 2260.998 Exhib'i'k "B" Pzmznent ad Temporary Construction Easement For Twin 12" Sewage Force Mains AI1 that part of the Northeast 1/4 and Southeast 114 of Section 25, Town 5 North, Range 20 Eat, City of Muskego, WaLkesha County, Wisconsin, on lands recorded on Reel 46, Images 1278 to 1281 inclusive, Document No. 856833, Office of the Register of Deeds, Waukesha Coumy, Wisconsin, being bounded and described as follows: line of the Southevt 1/4 of Section 25, (East 1/4 line), 1768.35 feet; thence Sourh OO"56'44" Commencing at the center of said Section 25; thence North 8792'54" East along the North Eat, 50.85 fezt to the Southerly right-of-way line of Loomis Road (S.T.H. "36"), said point being the Northevt comer of Parcel 1 on Certified Survey Map 4264; thence along said highway riat-of-way line, and the arc of a curve to the left, 215.30 fed; radius of 1171.50 feet; 2nd a chord bearing North 71'34'14'' East, 215.00 feet to the place of beginning; thence of 1171.50 fezt 2nd a chord bearing North 61"51'09" East, 179.19 feet to the Westerly right- continuing dong said right-of-way line and the arc of a curve to the left, 179.36 feet, radius of-w2y line of S.T.H. "45"; thence South 07"04'55" East along said Westerly right-of-way line, 39.09 f::t; thence South 71"OO'OO" West, 168.06 feet; thence North 23"41'40" Wesr, 10.00 feet to the place of beginning containing 0.0849 acres, together with the followiag described te;;l?oruy consmction easements: 1, .4 10.00 foot Nide strip of land containing 0.04 acres more or less lying Southeriy pm!!el ma zajecznt to the above described permanent sanitary sewer evement 2. .4 20.00 foot x\ide strip of land containing 0.10 acres more or less, lying Southerly purl!:lm.G 2.djzcmt to the following descnbed line: Begiming 2; bt Norrheast comer of Parcel No. 1 on CSM No. 4264 zs previouly desc_bec; iAencz along the Southerly right-of-way line of Loomis Road (S.T.H. "36") and &e uc of 2 curve to the left, 215.30 feet, radius of 1371.50 kt 2nd a chord bezkg KcrLb il"34'14" East, 215.00 feet to the point of termination.