CCR1996156COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #156-96
APPROVAL OF HOLDING TANK AGREEMENT
Buth/Geiss
WHEREAS, the City of Muskego has received a request from
the Buth/Geiss Partnership for permission to install an
additional holding tank to serve the Janesville Road Medical
Clinic at 569 W15636 Janesville Road in the City of Muskego due
to the clinic’s expansion; and
WHEREAS, it is required by the Department of Industry, Labor and
Human Relations that the City guarantee maintenance of the
Holding Tank.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego does hereby approve the installation of a holding
tank to serve the property located at S69 W15636 Janesville Road
in the City of Muskego.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to execute the holding tank agreement in the name of
the City.
DATED THIS 9th DAY OF July , 1996
SPONSORED BY:
Ald. Patrick A. Patterson
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #156-96 which was adopted by the Common Council of the
7/96 jmb
EXHIBIT "A"
AGREEMENT FOR PERMISSION FOR A TEMPORARY WASTE-WATER
COLLECTION AND HOLDING TANK
THIS AGREEMENT, made and entered into this 9th day of
July , 1996, by and between the City of Muskego, a
Municipal Corporation, hereinafter called "Municipality"," and
n7- . a nartnershiu. with a mailina address Buth/Geiss Partnership an individual, a corporation
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of S69 W15636 Janesville Road. Muskego. WI 53 150
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hereinafter called the "Applicant/Owner".
installation of (a) holding tank(s) on the following described property:
We hereby acknowledge that application is being made for the
Parcel 1 CSM V / , REDIV OF LOT 2 AND PT OF LOT,lCSM 4188 AND PT
NE1/4 & SEl/4 OR SE1/4 SEC 3 T5N R20E. New Key Number for 1997: MSKC 2172.998.002 -
or that continued use of the existing premises requires that a holding
tank be installed on the property for the purpose of proper containment
of sewage. We also acknowledge that said property cannot now be served
by a municipal sewer, any other type of private sewage system as
permitted under Chapter ILHR 83, Wis. Adm. Code, or Chapter 145, StatS.,
and that the property does not contain an area of soil suitable for any
Wis. Adm. Code.
other type of private sewage system as permitted by Chapter ILHR 83,
sanitary permit for the above described premises, we hereby agree and
bind ourselves as follows:
Therefore, as an inducement to the County of Waukesha to issue a
1. Applicant/Owner agrees to conform to all applicable
requirements of Chapter ILHR 83, Adm. Code relating to holding tanks.
If the Applicant/Owner fails to have the holding tank property serviced
in response to orders issued by the Municipality to prevent or abate a
may enter upon the property and service the tank or cause to have the
nuisance as described in 5146.13 and 146.14, Stats., the Municipality
tank serviced and charge the Applicant/Owner by placing the charges on
the tax bill as a. special assessment for current services rendered. The
charges will be assessed as prescribed by 566.60 Stats.
by the Municipality for inspection, pumping, hauling or otherwise
servicing and maintaining the holding tank in such a manner as to
prevent or abate any nuisance or health hazard caused by the holding
tank.
The Municipality shall notify the Applicant/Owner of any costs which
shall be paid by the Applicant/Owner within thirty (30) days from the
date of notice. In the event the Applicant/Owner does not pay the costs
within thirty (30) days, the Applicant/Owner hereby specifically agrees
that all of the costs and charges may be placed on the tax roll as a
2. Applicant/Owner agrees to pay all charges and costs incurred
e
special assessment for the abatement of a nuisance,-and the tax shall be
collected as provided by Wisconsin Statute.
i) 3. The Applicant/Owner, except as provided by §146.20(3)(d),
Stats., agrees to contract with a person who is licensed under Chapter
NR113, Wis. Adm. Code to have the holding tank serviced and to file a
with the County. The Applicant/Owner further agrees to file a copy of
copy of the contract or their registration with the Municipality and
with the Municipality and the County within ten (1) business days from
any changes to the service contract or a copy of a new service contract
the date of change to the service contract.
4. The Applicant/Owner agrees to contract with a person
licensed under Chapter NR113, Wis. Adm. Code who shall submit to the
Municipality and to the County a report in accord with Chapter ILHR
83.18(4)(a)2, Wis. Adm. Code for the servicing on a semiannual basis.
In the case of registration under §146.20(3)(d), Stats., the
Applicant/Owner shall submit the report to the Municipality and the
County.
5. This agreement will remain in effect only until the local
government unit responsible for the regulation of private sewage systems
certifies that the property is served by either a municipal sewer or a
soil absorption system that complies with Chapter ILHR 83, Wis. Adm.
Code. In addition, this agreement may be cancelled executing and
recording said certification with reference to this agreement in such
manner which will permit the existence of the certification to be @ ermined by reference to the property.
the heirs of the applicant/owner and assigns of the applicant/owner, and
shall run with the above described property. The Applicant/Owner shall
file the agreement with the Register of Deeds, which shall be recorded
by the Register of Deeds in a manner which will permit the existence of
holding tank is installed.
the agreement to be determined by reference to the property where the
6. This agreement shall be binding upon the Applicant/Owner,
7. Applicant/Owner shall install at its expense and to the
satisfaction of the Municipal Engineer and all other approval
authorities having jurisdiction, a holding tank of adequate size for the
collection of waste from the real property located at:
and shall file a sketch of the property involved showing the location of
the proposed holding tank. Applicant/Owner shall install any additional
holding tanks required for future capacity if necessary and Municipality
approvals and permits.
agrees to issue and assist Applicant/Owner in securing all necessary
execution of this agreement, it wil'l conform to all of the rules and
regulations, ordinances, and codes of the City of Muskego, County of
ekesha and that State of Wisconsin in the consideration and
8. Applicant/Owner agrees that in consideration for the
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maintenance of the proposed waste water holding tank and of any future
proposed waste water holding tank(s).
9. Applicant/Owner agrees, that the then owner of the real
which may be made against such owners for their proper share of the cost
property, legally described herein, will pay the special assessment
of the connection of any alternate sanitary septic system constructed by
the Municipality to the system, at such time as it may be determined by
the Municipality to install and assess the cost thereof.
10. Applicant/Owner agrees that it will not, at the time of
as to lack of benefit by reason of the fact that they have been
installation of any alternate sanitary septic system, assess any claim
permitted to install a holding tank or holding tanks; and that they and
their successors and assigns, will be precluded from asserting any
defense in that respect to any charge made by the Municipality for the
installation of said alternate sanitary septic system.
11. The Applicant/Owner shall deposit with the Municipal Clerk,
a cash bond in the sum of $-0- . This bond shall guarantee the City
of Muskego reimbursement for any and all expenses incurred by the City
of Muskego in alleviating any nuisance which may occur as a result of
the permission by this agreement for the applicant/owner to install a
holding tank. The sum of $ -0- shall be maintained at all times and
bond and maintain the same constantly at $ -0-. Upon the installation
if monies are expended, the applicant/owner shall replenish the cash
availability and connection of the property involved to public sanitary
Se erage facilities, the sum of $ -0- cash bond shall be returned to
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4 - applicant/owner.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year first above written.
The Muskego Common Council has agreed that the City of Muskego
will be the responsible party to the State and further agreed to
authorize the proper officials to sign an agreement with a private
company engaged in and certified for the servicing of the holding tank.
CITY OF MUSKEGO
A Municipal Corporation
AF'PLICANT/OWNER
BY : BY :
MAYOR
BY :
ATTEST :
BY :
CITY CLERK/COMPTROLLER
COUNTY OF WAUKESHA)
1
Personally came before me this - day of
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I 19 - the above named and
_c UL
e known to be the person(s) who executed the foregoing instrument
acknowledged the same.
NOTARY PUBLIC, STATE OF WISCONSIN
My Commission
COUNTY OF WAUKESHA)
1
Personally came before me this - day of I
the above named 19 - and
of
to me known to be the person(s) who executed the foregoing instrument
and acknowledged the same.
NOTARY PUBLIC, STATE OF WISCONSIN
My Commission
.d In ustry, Labor and Human Relations, Bureau of Plumbing and Attorney
instrument was drafted by the State of Wisconsin Department of
John P. Macy.
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86/13/1996 83:16 414-548-8614 SWETY BUILDINGS DIV PAGE 63
Documtnt NO. Thl. ~paco reserved for IMaKhld.1.
HOLDING TANK AGREEMENT
~grsemenl Date
June 14, 1996
0
This agreemenl is made belween the
'wnty or Local Governmental Unit I Holding Tank(&) Dwner(s1
I
City of Muskego ' kth/Geiss Partnership
We acknowledge that application is being made for the insifillalion Of (a) holding
lank(s) on the lollowing property. (Provide legal land descrlption:)
(CalladMunaipJllly belovj I
569 W15636 Janesville Road
Part of the 9 SE 114 of S3, T 5, R 20 E
Muskego, WI 53150
or that contlnued use 01 the existing premises requires 1har a holdlng tank be inslalled on the property for the Purpose of proper conlainmenl
sewass. Also. :he properr, san.?c: ncw be sex?? by a ;nsnici?c! sc;':to:. 3: any other type 01 ~rivate sewe3e system as permilted uric
Ch. ILHR 83. WIs. Adm. Code, or Ch. 145. Stats.
As an inducement to the County of T%l>>>+'k2 to issue a sanilary permit lor (he above descrlbed prape?
we agree lo Ihe lollowing:
I. Owner agrees lo conlorm to a11 Bppliceble requirements of Ch. ILHR 83. Wis. Adm. Code relatlng to holdlng tanks. If the owner la115 Io have :
holding lank properly servlced In respohse :o orders issued by the municlpallty to prevanl or abate e nuisance as dsscribed in 5s. 146.13 2
146.14, Slats. the munlcipallly may enter upon the propem and service the tank or cause lo have the tank serficed and charge the owner
placing Ihe charges on the tax bill es n speci-l assessment lor curreni services rendered. The charges will be assessed as prescribed
6. 66.60. Stab.
2. Owner agrees to pay all charges and costs incurred by the municlpallty lor inspection, pumping, hauling or otherwise servicing and.malntalnl~
Ihe holdlng lank In such a manner as to prevent or abate any nuisance or health hazard caused by the holding lank. The municipalityshall no;
eosis within thirty (30) days, the owner specillcrlly agrees that all olthe costs and charges may be placed on the tax 1011 as a Special Of5eE
he owner of any cask which shall be paid by the owner wilhln;lhirty (30) days lrom lhe dare of notlce. In the e~enl !he owner does not pay I:
men1 forthe sbalemenl of 8 nuisanca. and Ihe tax shall be col1ecled.a-s provided by law.
3. The owner. except as provided by s.145.20 (3) (dl. Slats.. agrees lo contract with a person who Is licsnsed under Ch. NR 113, WlS. Adrn. Code
iurlher agrees to lile a copy 01 any changes to the SeNiCe coniracl or a cnpy of a new serylce contract wilh Ihe municipality and (he county Wilt
have the holdlnp tank serviced and Io lile a copy 01 the contract or the owner's regislration with the munlclpell~ and with the COunty. The OW"
ten (10) businew days from the date 01 change lo the service contract.
4. The owner agrees lo contract with? person licen+d.under Ch. NR 113, wis. Adrn. C~S who shall submit to Ihe municipality and to the count,
6, 146.23 (3) (d). Stats., Ihe ownershnll submit the report to the municipaliiy and the county.
report In accord with s. ILHR 83.18 (4) (a) 2:. Wls. Adm. Code for lhe servlctng on a semiannual bask In Ihe cese 01 regiStrallOn
5. mis aareement will remain in ewt only.untl1 the local governmental unit responsible for the regulation 01 private sewage systems cenilies th
!he propeny Is'aeri'ed by either a municipal sewer or a soil absorption system (hat complies wilh Ch. ILHR 83. WIS. Adm. Code. In addilion. tr
agreement may be cancelled by executing and recording said cerlllicaiion wiih relerence to thk agreement in such manner which Will ;err.
the oxislence 01 the cariilication 10 be determined by refersnce to the property.
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5. This agreemenl shalt be binding upon Ihe owner. the heirs 01 the owner and assignees 01 the owner. The owner shall submitihe agreement
to be determined by relerence lo the property where the holding lank is inslalled.
rhe register of deeds and the agreement shall be reccrded by Ihe register o[ deeds in a manner which wlll permit the existence 01 the agreeme
Owner(3) Namela) (Prinl)
Tc+i<%.= T- Gals$
- .. STRU%L bLcFJr\S%UlX
Subscribed and sworn io before me on this da'
? mwd, ti
Ofllclal Name (Prlnl) 1 uunlcipa~ onisial SI~~~U~~ Namv Pm'"
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Uuniclpal Ollicial Title (Prinl) I *- " I.; .6 4-. ..7 - ?. , 4 .. .i ',*, C) /i
600-6123 (R. 10188) Thla inslrurnenl wa1 dralled by Ine S1a:e 01 WiSCon6,n Oepaimez Ol%dvdry. L~O, am Human Relalions.
Janesville Road Medical Clinic Partnership
Proposed 1997 Legal Description
Parcel 1 CSM V /
REDIV OF LOT ED =OF- 1
CSM 4188 AND PT NE1/4 & SE1/4 OF
SE1/4 SEC 3 T5N R20E
NEW KEY NUMBER FOR 1997:
-~y MSKC 2172.998.002
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CERTIFIED SURVEY MAP NO.
BEING I\ REDIVISION OF LOT 2 AND PARI OF LOT I IN CERllFlEU SURVEY MAP NO. 1188
AND LANDS BEING PART OF 'TI-IE NORII-IEAS'I l/4 AND SOVII.IEAST 1/4 Or 'TIiE SOUTIHEAS'I'
COUNI'Y. WISCONSIN
l/4 OF- SECTION 3, TOWN 5 NOR'TIi, RANGE 20 CAST, Cl'lY OF MUSKEGO, WAUKESIHA
BEARINGS ARE
RF.TERENCED IO
COORIJNAIC
I Ill. WISCONSIN
SUIIIII 7ONII
sys I rm
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0 INOlCAlES SEI I" X 71" IRON
PIPE WElCl.llNG I 13 LRS. PFR
OWNER:
JANESVILLC ROAD MEDICAL CLINIC
SG9 Wl5G3G .IANESVILLE ROAD
MIISKEGO. WI 53150
IPARINEI?SI.IIP
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