CCR19890262.
RECONSIDERED - 2/14/?,9
RESOLUTION 126-89
PIBAL RESOLUTIOU LEWIHG SPECIAL ASSESSHKETS AGAI861
BXWEPIRED PROPERTY, WAIVER OF SPECIAL ASSESSHEEI" HOTICES
AHD BMBIEGS UBDER S66.60(18) AML¶ AS TO COBVEYBCE OF
SAEITARY SEWEX EASE- TO TEIE CITY Aw mR "PIED MAWEB -
WHEREAS, the CITY OF MUSKEGO, hereinafter referred to as
"CITY", wishes to acquire a permanent sanitary sewer easement and
temporary construction easement as to certain property for
sanitary sewer purposes and said land is described in Exhibit 1
attached hereto and made a part hereof; and
WHEREAS, HAROLD R. DeBACK h CAROL J. DeBACK, his wife,
hereinafter referred to as "OWNERS", are the owners of all
interest in said property; and
WHEREAS, the CITY anticipates proceeding with installation of
sanitary sewer abutting property owned by OWNERS: and
WHEREAS, said property is being specially assessed for said
improvements.
NOW, THEREFORE, BE IT RESOLVED for valuable consideration
acknowledged by the CITY and every OWNER as follows:
1. That each OWNER will execute any and all documents
necessary to convey the permanent and temporary easements to the
property in question to the CITY on or before the acceptance of
this resolution including, but not limited to, the attached Offer
to Purchase, Easement, Affidavit as to Construction Liens,
Admission of Service, Notice of Right to Appeal the Amount of
Compensation, Nominal Payment or No Payment Parcel Waiver of
Appraisal, Recommendation h Approval and Waiver of Appeal Rights.
2. That by executing the acceptance of this Resolution as
stated below, the OWNERS of said property also hereby waive
special assessments and notices and hearings under S66.60(18) and
consent to the levying of special assessments against their -
property described on Exhibit 2 for the costs of said improvement
under Wisconsin Statute 566.60, this Resolution to act as the
Final Assessment Resolution, and further agree and admit that the
\I
Legal Description
For: City of Huskego
Sanitary Sever Easements
All that part of Section 17, Town 5 North, Range 20 East,
described as follows:
City of Muskego, Waukesha County, Wisconsin more fully
A forty (40) foot wide permanent sanitary sewer easement,
the centerline of which is described as follows:
N8B019'54"E, along the East 1/4 line of said section,
commencing at the center of said Section 17,; thence
Park Addition 1; thence S00°58'30E, alon? said West line,
1,351.15 ft. to the West line of the Kuskego Industrial
point of beginning; thence S8Bo19'54"W, 1,250 ft. to point
908.00 ft. to the centerline of Enterprise Drive and the
"A" also the point of termination.
temporary construction easement thirty (30) ft. in width
Together with a
lying parallel North of and adjacent to the above
described permanent easement and a temporary construction
easement 10 feet in width lying parallel south of and
adjacent to the above described permanent easement.
Also a forty (40) foot wide permanent sanitary sewer ease-
ment, the centerline of which is described as follows:
Commencing at point "A" described above; thence N27"
16'18"W. 604.86 feet; thence S89°41'46"h', 119.96 feet;
thence N14°04'14"H, 468.16 feet to a point on the South
line of the W.E.P.Co. right-of-way.
Together with twenty (20) foot wide temporary construction
easements lying parallel, adjacert and on both sides of
the above described 40 foot perrnanerlt easement.
Tax Key No. 2227.999.001
EXHIBIT 2
The DeBack front foot assessment levied is against the following
property:
See Attached Legal Description
The front foot costs of this assessment shall be based on 1,250
feet and it shall be at a cost of the same amount per front foot
that is charged to other properties involved in this project.
This assessment is deferred pursuant to the Deferred Assessment
and as amended by Resolution 25-89 and said Resolution 25-89 shall
Policy of the City as adopted by the City as Resolution t112-86
apply to this assessment.
hereto, made a part hereof and marked in yellow.
That the sewer main shown on Exhibit 3 in blue will not
be assessed unless private laterals are connected and then a front
foot assessment equivalent would have to be determined pursuant to
Resolution #89-86.
5. If this Resolution is not accepted by all the OWNERS of
this property in question within 30 days of the date of this
Resolution, it is null and void and of no effect: furthermore, if
this Resolution is accepted by all of the OWNERS within 30 days,
but the CITY is unable to work out a contract with Waste
Management of Wisconsin, Inc. or any related company, which is
agreeable, to the CITY'S sole satisfaction concerning construction
of this sewer line in which the easement is necessary, which is
fully executed on or before the 15th day of September, 1989, and/
or if a bid to install said sewer is not acceptable to the CITY,
at its sole satisfaction, on or before the 15th day of October,
1989, then this Resolution, Acceptance and Agreement is null and
void and the CITY will return the easement and the assessment is
null and void.
Dated this Jf day of
By:
Wayne G. Salentine, Mayor
Jean K. Marenda, Clerk
Accepted By:
D
HAROLD R. DeBACK, Owner
CAROL J. DeBACK, Owner
-3-
WB-13 VACANT UND OFFER 1y) PURCHASE
3 .. .::. ............................. Wuskego .. Winconmin. ............................. ....... ,19.
P THE' BROKER DRAFI'INC THIS OFFER IS THE AGENT OF (SELLER) (BUYER) (Stxikc 81 applicable).
3 IF ACCEPTED. THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIEF
4- SHOULD READ THIS DOCUMENT CAREFULLY AND UNDERSTAND IT BEFORE SIGNING e The undersigned Buyer, ................ CITY OF MUSKECO, ........................................ a Municipal Corporation .........
6 hereby offerr to purchase the property known as (Street Address) .. .SEE. at.tBFh?.d. .l.eQa.!. .................
.7 in the .... Ct.t~. ..... of .... ,!!sk.e~o. .County of ................ waukesha
8 morrparticularlydescribedas: ..?e?. attached legal , Wineonsin.
... ................ ... ...
9 .......... ... .. ..................... .. ........... .. .. ............................... ... I
12
13
14
If,
16
17 I8
19
20 ". ............................................. ....................................................... 22 THF. H1lYEH'S Ol3l.lGAT105 TO~Oh'Cl.lll)t: THISTHAh'SACTlON IS CON1)lTIOh'EI) UI'ON THE ('Oh'SVMMATI(1Y
23 OFTHE FOLLOWING:
LI
@. .... .. .........
33
34 ........ .. ..
35
36 ..
37 . .
3A
39
..
.. .. .. ...... ... .. .. .. ...... .. .....
40
41
42
4:t
44
4.3 ..
46 . ......... ......
47 Buyer agrees that unless othprwi$e specif;rd. Buyer will, in Rood faith. pay Eli costa of securing any financing LO the extent
48 permitted by law. and will perform all acts necessary to expedik much financing.
50 delivered free and cfehr of encumbrances: all fixtures; an .f all garden bulbs. plante. B A" rubs and trees.
...... ..
.......
.. ..
49 Includedinthe 'urchasepricearesuchofthefollowin ilemsasmaybeonthepro yonthedateofthisoffer.whichrillbc
51 ADDITIONAL ITEMS INCLUDED IN THE SALE: .N.qn.e...
: ', .I_ -. :,.I
I1.l 1Tt:bIS KCIT lK~~l~l1I)k;l) IK Tl{k:S,\l.k: i<OCe I.
;>.* ._ ....
........ .. .. ..
60 ~~..~ .... providd nonp of the fnmpoinp prnhihil rwenl uw.
fi~ ~ndSrller~'hnllcompl~lc~andexrculeIhr~~~rumrnI~nt~~rs~~~r~~~~r~~r~rrd~hrronveynnrr.~H.ARNlN~:Hrrurdrdhuil~npandu~~
62 rrstrictions nnd covenants can have mntrrinl impnrt on th? use of or im rnvrmenls lo the pmpcr(y.l Thi~off~~riwbindinpuponhothpnrtirsonl?.ifnrr~pvofthenrcrptedo~erird~posited.post~prorf~sprP~nid.intheU.S.meil
64 or a commercial delivery system. addressrd to Huver at!
65 delivery of the-accepted offer to Ru?.rr on or hrforr .F&bruary fks ' .&8f
66 is void and all earnesl money shall hr promptly returned lo Buvrr.
67 This transartion is (ObP Closed at thr offirr nf Buyer's rnorlaaaw or a1 the omcr of . .c!.t.Y of M!?ske.$o .....
/Muskego City Hall, P. 0. Box 903,
Mu eg I 531.50, OtheraiRr. this offe
or by prsann
88 on or before .. .February.. 24.. 19.89 .,or at such olhrr lime and plan an may he ad in wrilinc
69
70
Lepnl possession of pmperly shnII hr ddiverd In Ruvrr on dnlr of cloring.
It is understood the properly is nnw orcupird hv . P?.?.er.s .................... ....
71 *m)rKD~Icr~X~~iruUbR~x~bkkRzm*m*
~.
...... .... ............... .........
Occupsncyof ..... t.he..o~.emi.sas., .. :.,.. .. #hall beriveafoBuynon ..... ~.1P,S~Rg..... ..............
19.
-. ~~ -
150 Offer is countered (Srll~r initin].)
151
" - ". . - "
152 Seller's Social Security No.
I53 This offer was drnftpd by (Licenser and firm)
154 It was presented to Seller by . . on .19. at n
.
157 .... ..........
,19.
. (By ............ ..
Legal Description
?or: City of nuskcgo
Sanitary Sewer Easements
~11 that part of Section 17, Town 5 North, Range 20 East,
City of nuskego, Waukesha County, Wisconsin more fully
described as follows:
A forty (40) foot wide permanent sanitary sewer easement,
the centerline of which is described as follows:
N88°19'54"E, along the East 1/4 line of said section,
Cornrnencincj at the center of said Section 17,; thence
Park Additicn 1; thence S00°58'30E, along said West line,
1,351.15 ft. to the Kest line of the Euskegc Indus?rial
point of beginning; thence 588O19'54"~. 1,250 ft. to point
908.00 ft. to the centerline of Enterprise Drive and the
"A" also the point of termination.
temporary construction easement thirty (30) ft. in vidth
Together with a
lying parallel North of and adjacent to the above
described permanent easement and a temporary construction
easement 10 feet in width lying parallel south of and
adjacent to the above described permanent easement.
Also a forty (40) foot wide permanent sanitary sewer ease-
ment, the centerline of which is described as follows:
Commencing at point "A" described above; thence N27'
16'18"W, 604.86 feet; thence S89°41'46"w, 119.96 feet;
thence N14°02'14"W, 468.16 feet to a point on the South
line of the W.E.P.Co. right-of-way.
Together with twenty (20) fo@t vide temporary construct~o~
easFI;<:,t: Iyir1: pz:alle!. afjac-e.: 2-.S c.7: tt?:! ~1dcr c!
the aLc:.c cesirited 40 foot pr:r.a:,c:.t earcc.cr.t.
Tax Key No. 2227.999.001
THIS INDENTURE, made this day of , 198 , -
by and between HAROLD R. DeBACK L CAROL J. DeBACK, his wife,
hereinafter referred to as party of the first part, and CITY OF
MUSKEGO, located in Waukesha County, Wisconsin, hereinafter
referred to as party of the second part.
WITNESSETH:
WHEREAS, the party of the first part, HAROLD R. DeBACK h
CAROL J. DeBACK, owns a parcel of real estate located in the City
of Muskego and described as follows:
SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "1"
WHEREAS, party of the second part has requested from the
party of the first part a permanent easement for sanitary sewer
purposes including construction, repair, maintenance and
reconstruction of the sanitary sewer and a temporary construction
easement:
NOW. THEREFORE, party of the first part, in consideration of
the sum of ONE DoLLAR and other god and valuable consideration,
the receipt whereof is hereby acknowledged and confessed, do
grant and convey unto the party of the second party, forever, a
permanent easement for sanitary sewer purposes including
construction, repair, mintenance and reconstruction of the
sanitary sewer and a temporary construction easement in the City
of Muskego, Waukesha County, Wisconsin, on, over and in the
following described real estate:
SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "2"
USE OF LAND
Party of the first part consents to the entry of the
employees, workmen, agents or independent contractors of party of
the second part for an incidental to the construction, repair and
maintenance and reconstruction of said sanitary sewer, but
reserve to themselves the right to make such use of land include3
in said easement, subject to the ordinances of the City of
Muskego. the regulations of the party of the second part, and the
statutes of the State of Wisconsin as will not disturb or
interfere with such sanitary sewer or prevent ingress or egress,
thereto for the purpose of construction, repair, maintenance and
reconstruction thereof.
The parties expressly acknowledge that the party of the
second part may allow others not parties to this easement to use
the easement for the purposes indicated above.
THIS INDENTURE, upon its acceptance by the party of the
first part, shall be binding upon and inure to the benefit of the
parties hereto, their respective heirs, successors and assigns.
IN WITNESS WHEREOF, party of the first part has executed
this indenture the day and year first above written.
HAROLD R. DeBACK
CAROL J. DeBACK
STATE OF WISCONSIN )
)SS.
COUNTY OF WAUKESHA )
Personally came before me this day of
198 , the above named HAROLD R. DeBACK h CAROL J. DeBACK, to me
known to be the persons who executed the foregoing instrument and
acknowledged the same.
NOTARY PUBLIC, STATE OF WI
My commission expires:
THIS INSTRUMEgT WAS DRAFTED 3Y:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY 6 RIFFLE, S.C.
P. 0. Box 1348
Waukesha, Wisconsin 53187-1348
-2-
0
I
0
All that part of the Northeast 114 and the Northwest 1/4 and the
Southvest 114 and the Southeast 1/4 of Section 17. fovn 5 North, Range 20
fhst. in the City of Muskego. County of Waukesha. State of Wisconsin.
described an follovar Cmencing at the North l/8th corner of the said
Southeast 1/4 distant West 1351.72 feet from the East 1/4 corner of said
Section 17: thence Weat along the East-West 1/4 line of said Section 17.
1105.82 feet: thence North 22O 37' West along an ancient fence line,
302.12 feet to a point on the Southerly line of the Wisconsin Electric
Power Company right-of-way: thence South 71" 00' West along said Southerly
line 134.10 feet to a point on the North-South 1/4 line of said Section
17: thence South Oo 43' West along said North-South 1/4 line 14.95 feet to
a point on the Southerly line of the aforementioned right-of-way: thence
South 72' 50' West along said Southerly line. 457.02 feet; thence South 7'
40' East 518.18 feet: thence North 88O 40' West 586.98 feet to a point
distant East 401.20 feet from the 1/8th line of the Southwest 1/4 of said
Section 17: thence South 0' 34' West and parallel to the l/8th line of the
said Southvest 1/4. 537.75 feet; thence North 89" 59' East and parallel to
the South line of the said Southwest 1/4. 697.04 feet: thence South 1' 01'
East 864.34 feet: thence North 89O 59' East and parallel to the South line
of the said Southvest 1/4. 236.87 feet to a point on the aforementioned
North-South 1/4 line distant North Oo 43' East 833.58 feet from the South
1/4 corner of said Section 17; thence South 89O 49' 30' East and parallel
to the South line of the said Southeast 114 1351.72 feet to a point on
833 58 feet from the South 118th corner of the said Southeast 1/4: there North 0' 43*
the 1/8th line of the Southeast 1/4 of said Section 17. distant North Oo 43' East
East along the East line of the said Southeast 1/4. 1820 55 feet LO the point Of
commencement. EXCEPTING THEREFROM that part conveyed in Warranty Deed. dated January
1984 and recorded January 12, 1984, Reel 587, Lmage 477, as Document No. 1243105.
Tar Key No. 2227.999.001
mmssIaa OF SERVICE
Due Service of a Copy of:
CERTIFICATE OF COMPENSATION L NOTICE OF
RIGEIT TO APPEAL THE A~OONT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE 32.05(2a)
Admitted this day of , 1988.
HAROLD R. DeBACK
CAROL J. DeBACK
AMOUNT OF COMPENSATION KIRSUANT
NOTICE OF RIGRT TO APPEAL TIE
TO WISCONSIN STATUTE S32.O5(2a)
Any pereon named in the Certificate of Compenaation, a copy
of which Is attached hereto, may within six (6) months after the
date of the recording of said Certificate, appeal from the amount
of compeneation therein stated in the mnner set forth in
Wisconsin Statute 32.05(9) to (13) for appeals from an award
under Wisconsin Statute 32.05(7). For purposes of any such
appeal, the amount of compensation stated in the Certificate
shall be treated as the award and the date the conveyance is
recorded shall be treated as the date of taking and the date of
evaluation.
Dated this day of , 1988.
CITY OF MUSKEG0
Wayne G. Salentine, Mayor
ATTEST :
Jean K. Marenda, Clerk
CERTIFICATE OF COMPENSATION
Pursuant to Wisconsin Statute S32.05(2a), this document
shall be recorded with the Waukesha County Register of Deeds.
Waukesha, Wisconsin.
That the City of Muskego has acquired an easement in the
property described below pursuant to S32.05 of the Wisconsin
Statutes.
1. The identify of all persons having an interest of record
prior to its conveyance is as in the property immediately
follows:
Harold R. DeBack h
2. The legal descript
Carol J. DeBack, his wife
ion of the property in which a
permanent easement was acquired is as follows:
SEE ATTACHED DOCUMENT MARKED EXHIBIT "2"
3. The matter of the interest acquired and the compensation
for such acquisition is as follows:
The matter of the interest acquired is permanent
construction easement.
sanitary sewer easement and temporary
The amount of compensation is per Muskego
Resolution I 26 -89. -
Dated this day of , 1989.
CITY OF MUSKEG0
Wayne G. Salentine, Mayor
ATTEST :
Jean K. Marenda, Clerk
This Instrument Was Drafted By:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY h RIFFLE, S.C.
P. 0. Box 1348
Waukesha, Wisconsin 53187-1348
Legal Description
For: City of Huskego
Sanitary Sewer Easements
All that part of Section 17, Town 5 North, Range 20 East,
described as follows:
City of Muskego, Waukesha County, Wisconsin more fully
A forty (40) foot wide permanent sanitary sewer easement,
the centerline of which is described as follows:
N88°19'54"E, along the East 1/4 line of said section,
Commencing at the center of said Section 17,; thence
Park Addition 1; thence S00°58'30E, along said West line,
1,351.15 ft. to the West line of the Kuskego Industrial
point of beginning; thence S88'19'54"W, 1,250 ft. to point
908.00 ft. to the centerline of Enterprise Drive and the
"A" also the point of termination. Together with a
temporary construction easement thirty (30) ft. in width
lying parallel North of and adjacent to the above
described permanent easement and a temporary construction
easement 10 feet in width lying parallel south of and
adjacent to the above described permanent easement.
Also a forty (40) foot wide permanent sanitary sewer ease-
ment, the centerline of which is described as follows:
Commencing at point "A" described above; thence N27'
16'18"W, 604.86 feet; thence S89°41'46"W, 119.96 feet;
thence N14°04'14"W, 468.16 feet to a point on the South
line of the W.E.P.Co. right-of-way.
Together with twenty (20) foot wide temporary construction
easements lying parallel, adjacent and on both sides of
the above described 40 foot permanent easement.
Tax Key No. 2227.999.001
NOMINAL PAYUENT OR NO PAYHENT PARCEL
WAIVER OF APPRAISAL, RECOWENDATION 6 APPROVAL
Owners: Harold R. DeBack h Carol J. DeBack, his wife
ACqUiSitiOn of: See Attached Legal Description
Interest Acquired: Permanent Easement for Sanitary
Sewer and Temporary Construction Easement
The undersigned owners of land designed as in the attached
legal description, containing approximately acres, agree to
accept settlement in the amount of / see Re2s?1hw"pd'@&n! for the
permanent easement stated, subject to the approval of the City of
Huskego.
The undersigned owners having been fully informed of the
right to have the property appraised, and to receive just
compensation based upon an appraisal, have decided to waive the
right to an appraisal.
The undersigned owners further state that the decision to 0 waive such right to an appraisal was made without undue
influences or coercive action of any nature.
It is intended that the instrument of conveyance will be
executed upon presentation by the City of Muskego agents or
representatives.
Dated this day of , 1989.
HAROLD R. DeBACK
Legal Description
For: City of Ruskego
Sanitary Sewer Easements
All that part of Section 17, Town 5 North, Range 20 East,
City of Muskego, Waukesha County, Wisconsin more fully
described as follows:
A forty (40) foot wide permanent sanitary sewer easement,
the centerline of which is described as follows:
Commencing at the center of said Section 17,; thence
N88D19'54"E, along the East 1/4 line of said section,
1,351.15 ft. to the West line of the Muskego Industrial
Park Addition 1; thence S0O058'30E. alono said West line,
908.00 ft. to the centerline of Enterprise Drive and the
point of beginning; thence S88°19'54"U, 1,250 ft. to point
temporary construction easement thirty (30) ft. in vidth
"A" also the point of termination. Together with a
described permanent easement and a temporary construction
lying parallel North of and adjacent to the above
easement 10 feet in width lying parallel south of and
adjacent to the above described permanent easement.
Also a forty (40) foot wide permanent sanitary sever ease-
ment, the centerline of which is described as follovs:
Commencing at point "A" described above; thence N27O
16'18"W. 604.86 feet; thence S89°41'46"W, 119.96 feet;
thence N14'04'14"W. 468.16 feet to a point on the South
line of the W.E.P.Co. right-of-way.
Together with twenty (20) foot wide temporary construction
easements lying parallel, adjacent and on both sides of
the above described 40 foot permanent easement.
Tax Key No. 2227.999.001
WAIVER OF APPEAL RIGRTS AS TO
AJ4U.INT OF COMPENSATION RIRSUAAT
TO WISCONSIN STATUTE S32.05
For valuable consideration, hereby acknowledged by the
undersigned, we hereby waive any and all rights that we may have
I to appeal the award of compensation pade under Wisconsin Statute
I S32.05.
Dated this day of , 1988.
HAROLD R. DeBACK
CGIROL J. DeaGCK