CCR1998082AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #82-98
RESOLUTION APPROVING EXECUTION OF
METRO RECYCLING AND DISPOSAL FACILITY.
SOUTHEAST EXPANSION NEGOTIATED AGREEMENT
AND AMENDMENT TO AGREEMENT
WHEREAS, The above-mentioned agreement and amendment have been approved by
the Local Committee and by the City of Franklin; and
WHEREAS, The City of Muskego objects to the overall height because of the
unsightliness of the landfill and its expansion; and
WHEREAS, The City of Franklin has represented that its approval is contingent upon
execution of the contract by the Applicant, the Guarantor of the Applicant and all
Affected Municipalities; and
WHEREAS, It has been further represented by the City of Franklin that the City of
Franklin and the Applicant have withdrawn, or will withdraw, the attempted filing of a
prior draft of the above-mentioned contract with the Waste Facility Siting Board which
was submitted on or about December 24, 1997; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
I The Mayor and Clerk-Treasurer may execute the above-mentioned contract
and amendment upon execution of said contract and amendment by
Applicant, Guarantor, City of Franklin and all Affected Municipalities and
withdrawal of the December 24, 1997 filing with the Waste Facility Siting
Board referred to above.
DATED THIS 12th DAY OF MAY , 1998.
SPONSORED BY:
Mayor David L. De Angelis
This is to certify that this is a true and accurate copy of Resolution #82-98 which was
adopted by the Common Council of the City of Muskego
W/...-.L/,,
5/98 jm
RESOLUTION APPROVING EXECUTION OF 1’
METRO RECYCLING AND DISPOSAL FACILITY:,
SOUTHEAST EXPANSION NEGOTIATED AGREEMENT
AND AMENDMENT TO AGREEMENT : /
t I
WHEREAS, The above-mentioned agreement and have been approved by
the Local Committee and by the City of Franklin; and
WHEREAS, The City of Franklin has represented is contingent upon
execution of the contract by the Applicant, the and all
Affected Municipalities; and
WHEREAS, It has been further represented by the City of Franklin that the City of
Franklin and the Applicant have withdrawn, or will $ithdraw, the attempted filing of a
prior draft of the above-mentioned contract with tve Waste Facility Siting Board which
was submitted on or about December 24,1997. and 1
0 NOW, THEREFORE, BE IT RESOLVED AS F~LLOWS: / I The Mayor and Clerk-Treasurer may execute the above-mentioned contract
and amendment contract and amendment by
Applicant, all Affected Municipalities and
with the Waste Facility Siting
Board referred to above.
DATED THIS - DAY OF , 1998.
SPONSORED BY:
I
Mayor David L. De Angelis
This is to certify that accurate copy of Resolution #82-98 which was
adopted by the City of Muskego
Clerk-Treasurer
Published
5/98 jrn
AMENDMENT TO METRO RECYCLING AND DISPOSAL FACILITY:
SOUTHEAST EXPANSION NEGOTIATED AGREEMENT APPROVED
BY WASTE MANAGEMENT OF WISCONSIN, INC. ON MARCH 28, lYY8
BY THE LOCAL COMMITCEE ON MARCH 10, 1998 AND EXECUTED
This Amendment to the Metro Recycling and Disposal Facility: Southeast
Expansion Negotiated Agreement approved by the Local Committee on March 10, 1998
and executed by Waste Management of Wisconsin, Inc. on March 28, 1998 (the
"Agreement"), is made by and among Waste Management of Wisconsin, Inc. and the
City of Franklin, City of Muskego, Town of Norway, Town of Raymond, Racine
County and Waukesha County (Affected Municipalities), to provide for a more specific
Direct Payment division schedule and to correct the legal description of the Solid
Waste Facility so as to include the existing recycling facility located at the site as
intended by the Committee.
0 NOW, THEREFORE, for good and valuable consideration, receipt of which is
hereby acknowledged, the parties agree as follows:
1. The specific percentage distribution schedule of the Monthly Installments
and the Final Payment provision of Article VI, Section l., appearing on
page 54 of the Agreement shall be amended to read as follows:
Franklin 65.0%
Muskego 7.5%
Waukesha County 2.5%
RaymondlNorwaylRacine County 25.0%
(Racine County to receive 30%; the Town of
Raymond to receive 74% of the balance and the
Town of Norway to receive 26% of such balance)
2. Exhibit "B of the Agreement is hereby amended in such form and
content as Exhibit "B annexed hereto.
3. This Amendment shall take effect on the date and in the method and
CITY OF MUSKEGO \
By:
Mayor
Attest:
Clerk
TOWN OF NORWAY
By:
Chairman
Attest:
Clerk
TOWN OF RAYMOND
By:
Chairman
Attest:
Clerk
RACINE COUNTY
By:
County Executive
Attest:
Clerk
WAUKESHA COUNTY
By:
County Executive
Attest:
Clerk
Date:
Date:
Date:
Date:
Date:
2
WASTE MANAGEMENT OF WISCONSIN, INC. 0 BY: Date:
President
Attest: Secretary
3
Exhibit “E”
METRO LANDFILL-SOLID WASTE FACILITY LEGAL DESCRIPTION
MILWAUKEE COUNTY. WISCONSIN
0
1. 5 I(.#
HW cm.
NDRTH COR. SEC 11-
T. 5 H.. R. 21 E.
ST a. SEC 51 5 H.. R. 21 E.
r. 5 H.. n. 21 SW COR. SEC I1
SCALE 1” = 900’
-1-
DESCRIPTION OF METRO RECYCLING AND DISPOSAL FAClLlPl
April 1998
A parcel of land located in Section 31, T 5 N, R 21 E, City of Franklin,
Milwaukee County, Wisconsin, described as follows: Commencing at the
Southwest corner of said Section 31; thence N 88'09'22' E along the south line
of the Southwest 114 of said Section 31, 630.37 feet to the point of beginning;
thence N 01O26'12" W, 801 13 feet; thence N 88'3636" E, 204.27 feet; thence
N Ol"26'12" W, 525.00 feet; thence S 88O36'36" W, 504.27 feet;
thence N Ol"26'12" W, 25.06 feet; thence S 88O36'36" W, 330.35 feet to the
west line of the Southwest 114 of said Section 31, thence N 01O26'12" W along
said west line, 1356.18 feet, to the West 114 corner of said Section 31,
thence N OOO29'55" W, along the west line of the Northwest 114 of said section
31, 974.58; thence N 89O26'23" E, 445.27 feet; thence S OO"33'37" E, 238.10
feet; thence N 89O24'55" E, 875.30 feet; thence N 00°35'05" W, 617.79 feet
(Recorded as 618.10 feet) to the north line of the south 112 of the Northwest 114
of said Section 31; thence N 89O26'23' E along said north line, 308.16 feet;
thence N OOO22'22" W, 101 9.46 feet (Recorded as S OOO55'18' W, 101 9.25 feet);
thence N 89'4908" E (Recorded as N 88'53'12" W), 247.50 feet; thence N
OO"22'22" W (Recorded as S OO"55'18' W), 324.75 feet to the north line of the
Northwest 114 of said section 31; thence N 139~4908" E (Recorded as N
88O53'12" W) along said north line, 247.50 feet; thence
S 00'22'22" E, 1340.94 feet (Recorded as N OO"55'18' E, 1340.74 feet) to the
south line of the North 112 of the Northwest 114 of said Section 31; thence
N 89O26'23" E along said south line, 551.36 feet to the east line of the Northwest
114 of said Section 31; thence N 0Oo2O'W W along said east line, 1337.29 feet
to the North 114 comer of said Section 31; thence N 89O36'35" E along the north
line of the Northeast 114 of said Section 31, 992.23 feet; thence S OO"3027" E,
425.00 feet; thence N 89O36'35" E, 330.00 feet to the east line of the West 112
of the Northeast 114 of said Section 31, thence S 00°3027" E along said east
line, 2240.19 feet to the south line of Northeast 114 of said Section 31,
thence S OO"3843" E along the east line of the West 112 of the Southeast 114 of
said Section 31, 2656.82 feet to the south line of the Southeast 114 of said
Section 31, thence S 88'3628" W along said south line, 1320.13 feet to the
South 114 comer of said Section 31; thence S 88"0922" W along the south line
of the Southwest 114 of said Section 31, 2013.53 feet to the point of beginning,
containing 381.09 acres of land, more or less.
0
Exhibit "8" -2-