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CCR1986243c’ RESOLUTION #243-86 APPROVAL OF AGREEMENT BETWEEN CITY OF MUSKEG0 (SEWER LAGOON ABANDONMENT) AND DOROTHY VESBACH upon the recommendation of the Public Sewer Committee, does BE IT RESOLVED that the Common Council of the City of Muskego, hereby approve of the Agreement between the City of Muskego and Dorothy Vesbach concerning the sewer lagoon abandonment as attached hereto and made a part hereof, with the $40,000 payment to Vesbach to be the responsibility of the Sewer Utility. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to execute said Agreement in the name of the City. BE IT FURTHER RESOLVED that if said Agreement is not signed by Dorothy Vesbach within 30 days of the date of this approval, said approval shall be null and void. DATED THIS I]& DAY OF , 1986. PUBLIC SEWER COMMITTEE ATTEST: City Clerk 11 I86 jm AGREEMENT WREREAS, the CITY OF HUSKEGO, her'einafter referred to as "CITY", and WALTER VESBACA 6 DOROTAY VESBACH entered an agreement dated March 28, 1967 vhereby the CITY leased certain lands from Walter & Dorothy Vesbach and which the CITY operated a sever treatment facility; and WHEREAS, DOROTHY VESBACH, hereinaEter referred to as I'VESBACH", is the successor in interest to Walter Vesbach and Dorothy Vesbach a6 to ovnership of the land affected by the above mentioned agreement and to the interest of Walter d Dorothy Vesbach in the agreement stated above; and WHEREAS, the CITY and VESBACA entered an additional agreement concerning said property dated January 28, 1981; and WHEREAS, VESBACH is at the time of execution of this document, the sole owner of all interests in the real estate in question and the ovner of all of the interests in the agreements stated above other than that of the CITY; end WHEREAS, as a part of the agreements stated above, the CITY agreed to make certain restoration to the property in question at the termination of said agreeme'nts; and L'HEREAS, the CITY ha.s made certain restoration as to the property of vhich VESBACR is fully informed; and WHEREAS, the CITY is villing to make all restoration required by said agreements, but VESBACH has requested a cash payment in lieu of any further restoration and responsibility by the CITY under said agreements. NOW, THEREFORE, for valuable consideration acknovledged by each party, IT IS HEREBY AGREED AS FOLLOWS: 1. That on execution of this agreement, the CITY will pay VESBACH $40,000. 2. That on execution of this agreement, the two agreements .e stated above shall terminate and the CITY shall have no Eurther 0 responsibility under said agreements, the payment of said $40,000 being in lieu of any further responsibility on the part of the CITY. 3. That VESBACH has received a copy of the letter attached hereto and marked Exhibit "A"; that VESBACH hereby releases the CITY and/or any of its agents, officials, or employees from any further responsibility under the agreements in question and as tO the property in question. 4. That VESSACH warrants and represents that she is the sole owner of all interests in the lands subject to the agreements of Harch 28, 1967 and January 28, 1981 and the sole owner of all interests in said agreements other than that of the CITY. 5. That this agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. Dated this - k& day of +y,, - , 1986. CITY OF MUSKEGO BY :- "" Wayne G. Salentine, Mayor By: Charlotte L. Stewart, Clerk STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) )ss. Personally came before me this day of 1986, the above named WAYNE G. SALENTINE, as Mayor, and CHARLOTTE L. STEWART, as Clerk, of the CITY OF UUSKEGO, to me known to be the persons who executed the foregoing instrument and acknovledged the same. - NOTARY PUBLIC, STATE OF WI ny commiasion: -2- Dated this "" day of "" , 1986. " DOROTHY VESBACB - STATE OF WISCONSIN COUNTY OF WAUKESHA ) 15s. Personally came before me this day of 1986, the above named DOROTHY VESBACH, to me known to be the person who execute the foregoing instrument and acknovledged the same. NOTARY PUBLIC, STATE OF WI Hy commission: - ~ THIS INSTRUHENT WAS DRAFTED BY: Attorney Donald S. Molter, Jr. ARENZ, HOLTER, MACY & RIFFLE, S.C. 916 Clinton Street, P. 0. Box 1348 Waukesha, Wisconsin 53187-1348 -3- September 2, 1986 Mr. Charles Pape Southeast District Engineer Department of Natural Resources 2300 N. Martin Luther King, Jr. Drive Milwaukee, WI 53212 Dear Mr. Pape: This is to advise that the sludge removal has been completed at both the Woods Road Treatment Plant lagoon and the McShane Treatment Plant lagoon in accordance with all plans and specifications. Yours very truly, Wayf;e G. Salentine Mayor WGS f ca cc: City Clerk Ald:rmen Mr. Tom Renner - Ruekert h Mielke