CCR2011142-ResOfNecessity-Dilworth
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #142-2011
RESOLUTION OF NECESSITY
(Dilworth, Cherek, Gardetto)
WHEREAS, The owners of the following properties are willing sellers of lands, or portions of
lands, to the City at the earliest possible date: Tax Key Nos. 2193.970.028, 2193.970.029,
2193.970.030, and 2193.970.033), and
WHEREAS, The land contains areas identified as a possibility for a future park in the adopted
Parks & Conservation Plan and 2020 Comprehensive Plan, and
WHEREAS, The Parks and Recreation Board has recommended approval of pursuing land
acquisition for a future park and open space per the adopted Parks and Conservation Plan at
their September 12, 2011 meeting, and
WHEREAS, The City has requested a “Letter of Retroactivity” from the Wisconsin DNR,
pursuant to which the City may purchase the land and receive post-purchase reimbursement
from the DNR for up to 50% of the fair market value of the property from the Knowles-Nelson
Stewardship Fund, and
Whereas, The City of Muskego has an interest in purchasing all or portions of the land
depicted on Exhibit A for park and open space purposes.
NOW, THEREFORE, THAT THE COMMON COUNCIL, WAUKESHA COUNTY,
WISCONSIN, HEREBY RESOLVES AS FOLLOWS:
1. That this Resolution is a resolution of necessity in accordance with 32.06(1)
and 32.07(2), Wisconsin Statutes;
2. That it is hereby determined that it is necessary for the City of Muskego to
acquire fee simple title for the purchase of land for park and open space
purposes;
3. That it is also necessary, in the furtherance of the above-stated public purpose,
for the City of Muskego to acquire fee simple title to all, or portions of, the
following described real estate:
Tax Key Nos. 2193.970.029, 2193.970.030, 2193.970.028 & 2193.970.033
4. That the City of Muskego will acquire, by condemnation procedure in
accordance with Chapter 32, Wisconsin Statutes, if necessary, the above-
described interest in the above- described real estate from the record owners
thereof, and from any and all other persons or entities who may have a record
interest in said real estate.
BE IT FURTHER RESOLVED, That the property appraisals will include all or part of the Tax
Reso. #142-2011 Page 2
Key Numbers 2193.970.029, 2193.970.030, 2193.970.028 & 2193.970.033 and that the exact
area to be appraised will be similar to the concept lines on the attached Exhibit A.
BE IT FURTHER RESOLVED, That it is not the intention of the City of Muskego to utilize
actual condemnation for the purchase of the properties in Exhibit A. The resolution of
necessity is a mechanism to start the purchase process only. If a willing seller/willing buyer
purchase agreement cannot be made between the parties initially, the City of Muskego will
not pursue the ultimate condemnation process, as this procedure is not the method approved
by the Common Council for this property unless the Council takes further action to approve
condemnation.
BE IT FURTHER RESOLVED, That the Council will meet to approve an offer to purchase and
to approve the funds for the purchase before an offer to purchase is deemed valid.
DATED THIS 27th DAY OF__SEPTEMBER___, 2011.
SPONSORED BY:
Mayor Kathy Chiaverotti
This is to certify that this is a true and accurate copy of Resolution #142-2011 which was
adopted by the Common Council of Muskego.
_____________________________
Clerk-Treasurer
Reso. #142-2011 Page 3
EXHIBIT A