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CCR1986264RESOLUTION /1264-a6 APPROVAL OF AGREEMENT BETWEEN CITY OF MUSKEG0 AND CARTERIWEIHER BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Public Sewer Committee, does hereby authorize the Mayor and Clerk to execute the attached agreement between the City of Muskego and Thomas J. and Nancy K. Carter and Robert T. and Joyce A. Weiher pertaining to the construction of a sewer lateral. AJA. HaroldVL.' AGREEMENT WHEREAS, THOMAS J. CARTER 6 NANCY K. CARTER, his wife, and ROBERT T. WEIHER 6 JOYCE A. WEIHER, his wife, wish to construct a certain sever lateral, part of which will be on property owned by the City of Muskego; and WHEREAS, under the following terms and conditions, the City of Muskego is villing to allow the construction of such a lateral. NOW, THEREFORE, for valuable consideration, acknowledged by both parties, IT IS AGREED AS FOLLOWS: 1. That Thomas J. Carter 6 Nancy K. Carter and/or Robert T. Weiher 6 Joyce A. Weiher shall cause a sever lateral to be constructed in the ditch of the City right-of-way along McShane Drive from an end of a sewer main to the east of the property described on Exhibit "I" to the vest property line of Parcel 2 described on Exhibit "I" , all under the direction and as required by the City Engineers of the City of Muskego or its properly authorized representative; that said sever lateral shall be constructed solely at the expense of Thomas J. Carter 6 Nancy K. Carter and/or Robert T. Weiher 6 Joyce A. Weiher who shall obtain all necessary governmental approvals including that of the State of Wisconsin and all to the satisfaction of the City Engineers or its representative; that said lateral shall be constructed as approved by the City Engineers and/or its representative and under its supervision and all City property shall be restored to the condition required by the City Engineers; that said construction shall be inspected by the City Engineers or its representative and all fees of the City Engineers due to this project shall be paid by Thomas J. Carter 6 Nancy K. Carter and/or Robert T. Weiher 6 Joyce A. Weiher upon receipt of the 6' &5 bill. fl$ i Q" ,\b 2. That said lateral shall be constructed within- 14 months from the date of this agreement and prior to the issuance of any building permits for construction upon Parcel 2 of attached Exhibit "1" and connection of the residence located on Parcel I of Exhibit "1" shall take place prior to nine months from the date of this agreement; both Parcel 1 and Parcel 2 of Exhibit "1" are subject to any and all City connection fees, reserve capacity assessments, permit fees and any other assessments; that that portion of the lateral from the property line on each parcel to the building shall be the property of the ovner of said parcel who shall be responsible for the maintenance of the same; as to the lateral from each of the property lines of each of the parcels to where it connects to the City of Muskego sewer main, that portion of the lateral upon the property of the City of Muskego shall be maintained by Thomas J. Carter 6 Nancy K. Carter and/or Robert T. Weiher 6 Joyce A. Weiher and their successors in interest to the parcels in question and this agreement as to said maintenance shall be a covenant running with the land. 3. That Thomas J. Carter and Nancy K. Carter and Robert T. Weiher and Joyce A. Weiher are all jointly and severally responsible for the expenses of the construction stated above, the completion of the construction stated above and all of the engineering fees stated above and maintenance of the lateral in the City's right-of-way and shall indemniEy and hold harmless the City of Muskego from any claims growing out of said construction and maintenance. 4. That this agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. 5. That this document shall be recorded with the Waukesha County Register of Deeds as to the property described in attached Exhibit "I". Dated this "- day of , 1986. "" THOMAS J. CARTER NANCY K. CARTER -2- STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) )ss. Personally came before me this day of " "" 9 1986, the above named THOMAS J. CARTER 6 NANCY K. CARTER to me known to be the persons vho executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC, STATE OF WI My commission expires: ___"_ Dated this day of ""I 1986. ROBERT T. WEIHER STATE OF WISCONSIN "- "" JOYCE A. WEIHER )ss. COUNTY OF WAUKESHA ) Personally came before me this "" day of "" 1986, the above named ROBERT T. WEIHER 6 JOYCE A. WEIHER to me known to be the persons vho executed the foregoing instrument and acknovledged the same. - NOTARY PUBLIC, STATE OF WI My commission expires: "- Dated this day of "" 1986. v CITY OF MUSKEG0 Wayne G. Salentine, Mayor By:""""" Charlotte L. Stevart, Clerk STATE OF WISCONSIN COUNTY OF WAUKESHA ) )ss. -3- Personally came before me this 0 1986, the above named WAYNE G. SALENTINE as MAYOR and CHARLOTTE day of L. STEWART as CLERK of the CITY OF MUSKEG0 to me knovn to be the persons uho executed the foregoing instrument and acknovledged the same. NOTARY PUBLIC, STATE OF WI My commission expires: - THIS INSTRUMENT WAS DRAFTED BY: Attorney Donald S. Molter, Jr. ARENZ, MOLTER, MACY 6 RIFFLE, S.C. 916 Clinton Street, P. 0. Box 1348 Waukesha, Wisconsin 53187-1348 -4 - . . CERTIFIED SURVEY MAP NO. a division or Certlfled Survey Map NO. 1330 In the Northwest 1/4 of the Southwest 1/4 Or Section 12. Town 5 North, Range 20 East, In the City or Muskego. Uaukesha County, Ulsconsln. . . .,. EXHIBIT "1 " LEGAL DESCRIPTION PT SW 1 /4 SEC 12 T5N R20 E COM SW COR TH N 1331.69 FT TH N86 10'E 864.06 FT TH N3 50' W 50 FT THE BGN TH N3 50' W 200 FT TH N86 10'E 225 FT TH S3 50' E 200 FT TH S86 1O'W 225 FT TO BGN 1.03 AC CERT SURV 9/44 VOL 1220/559 DEEDS