CCR2011148-ResoOfNecessity-Boxhorn
COMMON COUNCIL – CITY OF MUSKEGO
RESOLUTION #148-2011
RESOLUTION OF NECESSITY
(DUMKE – A.K.A. BOXHORN BOAT LAUNCH)
WHEREAS, Art Dumke is a willing seller of lands to the city (part of Tax Key No. 2254.998.004),
and
WHEREAS, the Boxhorn boat launch contains approximately 3.5 acres of wetlands, paved
parking lot, boat launch, and warehouse, and
WHEREAS, the land contains areas of acquisition priorities in the adopted Parks & Conservation
Plan and 2020 Comprehensive Plan, and
WHEREAS, goals and objectives of the 2020 Comprehensive Plan include lake protection, and
preservation of significant natural features and rural character, and
WHEREAS, the 2020 Comprehensive Plan recommends fee simple acquistion as a tool to
conserve such priority lands, and
WHEREAS, the city has requested and received a “Letter of Retroactivity” from the Wisconsin
DNR, pursuant to city purchase of the Boxhorn launch and receiving 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 is currently leasing the launch but has a strong interest in
purchasing all of the approximate land depicted on Exhibit A (area to be purchased in fee
simple is the diagonal line area) for securing public boat launching on Big Muskego Lake for
future generations, and
WHEREAS, improvements to the boat launch are not DNR grant eligible from the Waterways
Commission if the launch is not owned or has a lease 20 years or longer, and
WHEREAS, attached Exhibit A is an approximate depiction of the land Mr. Dumke is willing to
sell to the city, and
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 boat launching 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 the following approximate real estate: See
Exhibit A (area to be purchased in fee simple is the diagonal line area).
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 therof, and from any and all other persons
or entities that may have a record interest in said real estate.
BE IT FURTHER RESOLVED, that it is not the intention of the City of Muskego to utilize actual
condemnation for the purchase of the Dumke property. 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.
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DATED THIS 11 DAY OF OCTOBER, 2011.
SPONSORED BY:
Mayor Kathy Chiaverotti
This is to certify that this is a true and accurate copy of Resolution #148-2011 which was
adopted by the Common Council of Muskego.
___________________________________
Clerk-Treasurer