CCR2003080.
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COMMON COUNCIL. CITY OF MUSKEGO
RESOLUTION #080-2003
APPROVAL OF TERMINATION AGREEMENT AS TO AMENDED AND RESTATED
PETITION FOR IMPROVEMENTS AND
AGREEMENT REGARDING SPECIAL ASSESSMENTS ENTERED BY AND
BETWEEN COUNTRY CLUB VillAGES, INC. AND THE CITY OF MUSKEGO
DATED AUGUST 23,1994, AND
AGREEMENT AS TO USE OF REG'S
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Public Utilities Committee, does hereby approve the
Termination and Rec Agreement, as attached.
BE IT FURTHER RESOLVED That the Mayor is authorized to make technical changes,
if needed, in consultation with the City Attorney.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the documents in the name of the City.
DATED THIS 8th DAY OF April ,2003.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. Eileen Madden
Ald. Rick Petfalski
Ald. Eric Schroeder
This is to certify that this is a true and accurate copy of Resolution #080-2003 which
was adopted by the Common Council of the City of Muskego.
Uam- /{, ~A/)ß-nda//
~Ierk-Treasurer ~
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MuskeQo 4-02-03 Revisions
TERMINATION AND REC AGREEMENT
. Document No.
TERMINATION AGREEMENT AS TO AMENDED AND
RESTATED PETITION FOR IMPROVEMENTS AND
AGREEMENT REGARDING SPECIAL ASSESSMENTS
ENTERED BY & BETWEEN COUNTRY CLUB VillAGES, INC.
AND THE CITY OF MUSKEGO DATED AUGUST 23,1994,
AND AGREEMENT AS TO USE OF REC'S.
WHEREAS, on February 3, 1992, the CITY OF MUSKEGO, a Wisconsin Municipal
Corporation, hereinafter referred to as "CITY", and COUNTRY CLUB VillAGES, INC., a
Wisconsin Corporation, hereinafter referred to as "CCV", entered an agreement entitled,
"Petition for Improvements and Agreement Regarding Special Assessments" with respect to
certain public improvements to be undertaken by the municipality to benefit certain properties
owned by CCV as well as certain other properties; and
WHEREAS, on August 23, 1994, the CITY and CCV entered an agreement which amended
and restated the agreement entered on February 3, 1992 (such agreements referred to
collectively hereafter as the "Prior Agreements"); and
. WHEREAS, part of the consideration received by the CITY pursuant to the Prior Agreements
was its ability to bring sewer service to the southeast portion of the CITY and to more rapidly
repay the cost due to the payment provisions agreed to by CCV in the Prior Agreements; and
WHEREAS, part of the consideration received by CCV pursuant to the Prior Agreements was
the extension of municipal sewer service to certain properties owned by CCV which allowed for
the development of those properties and provided certain guarantees of sewer capacity for the
development of those properties; and
WHEREAS, CCV assigned its interest and obligations under the Prior Agreements to The
Villages at Muskego lakes Partnership, a Wisconsin partnership ("VMl") on June 27, 1995
which assignment was approved by the City on that date; and
WHEREAS, both parties agree that all remaining properties that were subject to the Prior
Agreements concerning payment of certain reserve capacity assessments are subject to
Resolution #29-92 entitled, "Final Resolution Authorizing Area-Wide Reserve Capacity
Assessment for Debt Service for Sewer Service Under 966.60, WI Statutes, and levying
Reserve Capacity Assessments (RCA) Against Benefited Property"; and
WHEREAS, attached hereto as "Exhibit .tA" is the legal description and Map of the VML I
properties subject to Resolution #29-92 (the "Real Estate"); and
. WHEREAS both parties agree that the consideration referred to above has been received by
the parties and that the Prior Agreements are no longer necessary and should be terminated,
~Ubject to the provisions stated hereafter; and I
Muskeqo 4-02-03 Revisions
WHEREAS. CCV developed two separate parcels of property described on Exhibit B. which
both the City and CCV treated as beinq subject to the Prior Aqreements. even thouqh they
. were not. and thus CCV purchased two REC's for each connection desired for the parcels
described on Exhibit B; and
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WHEREAS, each party desires to treat the parcels described on Exhibit B as if they had been
developed under the Prior Aqreements; and
WHEREAS. CCV desired that it be able to use the REC Accrual described hereafter for any
properties contained within the property described on Exhibit C. and the City is aqreeable to
that arranqement;
NOW, THEREFORE, for valuable consideration acknowledged by each party, the parties
agree as follows:
1. Tho R031 Egt3toAIl lands described in Exhibit C remains subject to Resolution #29-92 I
referred to above.
2. As of the 27th day of Januarv. 2003, CCV has purchased from the CITY ð+2- sewer I residential equivalency connections (REC's), and of that amount, 4ßê- REC's remain
unused (the "REC Accrual").
3. In the future, when VML desires to use a REC pursuant to Resolution #29-92, it shall so
advise the City and the City shall grant a REC to VML (or at VML's direction, to a third
party), from the REC Accrual, and this process shall be repeated until there are no
REC's left in the REC Accrual. Withdrawals from the REC Accrual shall be automatically
made by the City upon receipt of a notice from VML in the form attached as Exhibit 2.
Thereafter, when the REC Accrual has been depleted, payments shall be paid in the
amounts and at the time and pursuant to all terms and conditions of Resolution #29-92.
The rights of VML, pursuant to this Agreement, may not be assigned without prior
written approval of the City, not to be unreasonably withheld.
4. The parties aqree that all REC's purchased for the parcels described on Exhibit B shall
be considered as if purchased under the Prior Aqreements.
5. The parties aqree that the REC Accrual may be used for any property that is described
either on Exhibit A or Exhibit C.
6. The parties aqree that the REC Accrual may only be used as provided herein, and VML
shall not be entitled to receive cash payments for the REC Accrual.
This agreement shall be recorded against the Real Estate and shall be considered
covenants running with the land.
The Parties agree that the Prior Agreements shall be terminated as of this date.
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MuskeQo 4-02-03 Revisions
DATED this day of
. CITY OF MUSKEGO
By:
Mark A. Slocomb, Mayor
By:
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.O. Box 1348
Waukesha, WI 53187-1348
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,2003.
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THE VILLAGES AT MUSKEGO LAKES
PARTNERSHIP
By: Lakeside Village, LLC
General Partner
BY:
John J. Burke, Jr.
Manager
Muskeqo 4-02-03 Revisions
EXHIBIT 2
. City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150
RE: Villages at Muskego Lakes
REC Accrual
To Whom it May Concern:
Pursuant to the Termination and REC Agreement between the City of Muskego and
Villages at Muskego Lakes Partnership, please deduct REC(s) from the REC
Accrual, and provide
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REC(s) to the following:
Date: VILLAGES AT MUSKEGO LAKES PARTNERSHIP
. BY:
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April 2003
EXHIBIT "B"
Parcell
All that part of the Northwest \4, of Section 25, in Town 5 North, Range 20 East, City of
Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Conunencing at the Northeast \4 of the Northwest \4 of Section 25, thence S 00058'57" E
along the East line of said Northwest \4 Section 435.80 feet; thence S 87033'35" W,
300.00 feet; thence S 30024'37" W, 489.12 feet; thence S 01044'22" E, 618.18 feet, to
the Northerly line of Champions Village Addition No.2 of Country Club Villages, a
Subdivision in the City of Muskego, recorded in the Register of Deeds office, in
Waukesha County, Wisconsin, said point also being the point ofbegiuning; thence
continuing SOl 044'22" E, 501.92 feet; thence S 55022'45" W, 280.45 feet to the
Southwest line of said Subdivision; thence N 37020'25" W, along said Southwest line
204.67 feet; thence N 52039'35" E, 58.96 feet; thence N 20000' II" W, 457.10 feet;
thence N 68041 '30" W, 152.64 feet to the Northwest line of said Subdivision; thence N
31018'49" E along said Northwest line 88.23 feet, to the Northerly line of said
Subdivision; thence S 79050'00" E along said North line 554.24 feet, to the point of
beginning. Containing 248,728 sq.ft. (5.71 acres) more or less.
Note: All bearings reference grid North of the Wisconsin State Plane Coordinate System
in which the East line of the Northwest \4 of Section 25 bears S 00058'57" E.
Parcel 2
All that part of the Northeast \4, of Section 25, in Town 5 North, Range 20 East, City of
Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Conunencing at the Northwest comer of said Northeast \4 Section; thence N 87017'23"
E, 1329.34 to the extended East line of Champions Village Addition No.3 of Country
Club Villages, a Subdivision in the City of Muske go, recorded in the Register of Deeds
office, in Waukesha County, Wisconsin; thence SOl 042'37" E along said East line
477.40 feet to the Northerly line of said Subdivision; thence N 87017'23" E along said
North line, 415.92 feet to the East line of said Subdivision; thence S 05004'16" E along
said East line, 195.22 feet; thence S 87017'23" W, 431.29; thence N 00058'12" W, 195.00
feet; thence N 87017'23" E, 1.40 feet; thence N 01042'37" W, 0.14 feet to the point of
beginning. Containing 82,760 sq. ft. (1.90 acres) more or less.
Note: All bearings reference grid North of the Wisconsin State Plane Coordinate System
in which the North line ofthe Northeast \4 of Section 25 bears S 87017'23" E.
Daniel R. Flamini RLS 2486
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April 2003
EXHIBIT "C"
Champions Village REC Termination 2003
All that part of the Northeast \4, Northwest \4, and the Southwest \4 of Section 25, and
the Northeast \4, and Southeast \4 of Section 26, all in Town 5 North, Range 20 East, City
of Muske go, Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Northeast \4 of the Northeast \4 of Section 26, said point also being
the point of beginning oflands to be described; thence Westerly along the North line of
said Northeast \4, a distance of 1070.00 feet, to the East extended property line of Parcel
1, Certified Survey Map No. 8829; thence Southerly along said East line 174.30 feet to
the South line of said Parcell; thence Westerly along the South lines of Parcell and
Parcel 2 of said Certified Survey Map 8829, 250.00 feet to the East line ofParcel3 of
said Certified Survey Map 8829, said line also being the East line of the Northwest \4, of
the Northeast \4, of said Section 26; thence Southerly along said East line 1164.75 feet, to
the South line of said Northwest \4 , of the Northeast \4 of said Section 26; thence
Westerly along said South line 1332 feet more or less to the West line of said Northeast
\4; thence Southerly along said West line 1341 feet more or less to the Southwest comer
of said Northeast \4; thence Southerly along the West line of the Southeast \4 of said
Section 26 a distance of 1331.69 feet, to the North line of Certified Survey Map No.
8412; thence Easterly along said North line 1904.64 feet, to the Northerly WEPCO right-
of-way line; thence Northeasterly along said Northerly line 3260 feet more or less to the
South line of the Northwest \4 of Section 25; thence Westerly along said South line 875
feet more or less to the East line ofaProperty identified by Tax-key No. 2261-978;
thence Northerly along said East line 227.00 feet to the North line of said Property;
thence Westerly along said North line 1346.26 feet, to the West line of said Northwest \4;
thence Northerly along said West line 1108.66 feet to the North line of the Southwest \4
of said Northwest \4; thence Easterly along said North line 1335.47 feet, to the East line
of the Southwest \4 of said Northwest \4; thence Southerly along said East line 7.87 feet,
to the Easterly line of a Property identified by Tax-key No. 2258-993; thence
Southeasterly along said Easterly line 221 feet more or less to the Northwesterly line of
Champions Village Addition No.2 of Country Club Villages; thence Southeasterly,
along the Southwesterly line of said Subdivision 914.18 feet, to the Northerly line of
Champions Village of Country Club Villages: thence continuing Southeasterly along the
Southwesterly line of said Subdivision 434.94 feet, to the Southeasterly line of
Champions Village Addition No.2 of Country Club Villages, said line also being the
Northwesterly WEPCO right-of-way line; thence Northeasterly along said Southeasterly
Subdivision line, 1,670.93 feet, to the Westerly line of said Champions Village of
Country Club Villages; thence continuing Northeasterly along the Southeasterly line of
said Subdivision 1,110.68 feet to the centerline of North Cape Road (C.T.H. "00");
thence Northerly along said centerline 181.37 feet, to the Northerly line of said
Subdivision; thence Westerly along said North line 270.77 feet to the Easterly line of
Champions Village Addition No.3 of Country Club Villages; thence Northerly along
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said Easterly line 690.09 feet, to the Northerly line of said Subdivision; thence Westerly
along said Northerly line 415.92 feet to the Easterly line of said Subdivision; thence
Northerly along said Easterly line 477.40 feet to the North line ofthe Northeast 'i4 of said
Section 25; thence Westerly along said North line 1,329.34 feet to the Northwest comer
of said Northeast 'i4; thence Southerly along the extended West line of said Champions
Village of Country Club Villages 435.80 feet to the North line of Parcel 1, Certified
Survey Map No. 8703; thence Westerly along said North line extended 300.00 feet to the
West line of a Property identified by Tax-key No. 2258-997; thence Northerly along said
West line 435.8 feet to the North line of the Northwest 'i4 of said Section 25; thence
Westerly along said North line 2,257 feet more or less, to the Northeast comer of the
Northeast 'i4 of Section 26, said point also being the point of beginning. Containing
18,028,612 sq.ft. (413.88 Acres) more or less.
Daniel R. Flamini RLS 2486
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EXHIBIT" A"
Parcel "A"
Parcel "B"
Parcel "C"
Parcel "D"
Parcel "E"
Section line
1/4 Section line
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EXHIBIT" B"
Parcell
Parcel 2
Section line
1/4 Section line
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