CCR1989026a1 0 .-
I
D
AMENDED
RESOLUTION 126-89
PIBAL RESOLIRIOB LEVYIBG SPECIAL ASSESSIIEFTS AGAIBST
BELJZPITTED PROPERR, WAIVER OF SPECIAL ASSESSXQT BQPICES
MID HEARINGS UBDER S66.60(18) AXED AS TO COEVEYMICE OF
SXBITARY SEWER JlASm YO TEJS CITY ABD OTHER EJSLA?ZD HATTEAS
WHEREAS, the CITY OF HUSKEGO, 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, FIAROLD R. DeSACK h CAROL J. DeBACK, his wife,
hereinafter referred to as "OWNERS", are the owners of all
interest in said property; and
WEEXAS, the CITY azticipates proceeding with installation of
sanitary sewer abutting property owned by OWNEX: and
WHE.IEXS, 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 OWNEX will execute any and all documents
necessary to convey t3e persanent 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 Wiscansin Statute 566.60, this Resolution to act as the
Final Assessment Resolution, and further agree and admit that the
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benefit to the property in question from the construction of said
improvement is just and reasonable and that the assessment is
hereby levied as further detailed in Exhibit 2 attached hereto and
nade a part hereof upon acceptance of this Resolution by the
OWNERS: that the parties hereto further agree that pursuant to
Resolution tl12-86 concerning deferred assessment policies, the
parties agree that if the land is developed in phases, the apecial
assessment should be in sone manner prorated and include payment
of 125% of that portion of the assessment as it relates to the
portion of the land being developed. The details of said
percentage and prorations are to be worked out at the time of
actual land division.
3. If the sewer line is built, the CITY will do the
following:
A. Topsoil will all be removed and replaced over sewer
at a deTth for agricultural purposes.
B. Gravel backfill will be used where a road is 0.- anticipated by the CITY.
C. The amount of excess fill from sewer will be placed
where property owner designates by contractor. Topsoil on area
filled will be removed before filled and placed over fill after
project completed.
D. The property owner will get all fill from sewer
project outside of his land and it will be placed in full area
provided by the property owner.
E. The CITY will be res2onsible for rehooking all tile
lines cut by sewer project.
F. The sewer project will attempt to be completed by
March 1, 1989 and any crop damage will be the responsibility of
the City, if work on sewers is done later.
G. The owner consents to the CITY, at its expense,
capping and closing the waterwell in the easement.
4. ?he footage starting at the Industrial Park property and
extending westerly on the intended road right-of-way will be
assessed for 1.000 feet as shown on Exhibit 3 which is attached e. .. -/
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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 14th day of February , 1989.
CITY OF HUSKEGO
By:
Wayne G. Salentine, Mayor
By:
Jean K. Marenda, Clerk
Accepted By:
i
HAROLD R. DeBACK, Owner
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EXi-iIGIT /
Legal Description
For: City of nuskego
Sanitary Sever Easements
~11 that part of Section 17, Town 5 North, Range 2C fast,
described as follows:
City @f HurkegG. Waukesha County, Kisccnsin msre fully
A forty (40) foot wide permanent sanitary sewer easement,
the centerline of which is described as fc1lo.c.s:
XEE'15'54"E. 21~52 the fes: 1,'4 1ir~~ cf saiZ scctlon,
cccrencinc at thc cez:er cl saiZ Cecticr, 17,; thencc
1,351.15 ft. tz the Xec: 1:s~. of :he r.~;s):esc ~r,?;:trial
par>. i.,J?:tic-. 1; t>;e-:e S?:C5t'3CE, S~PF,: said k'c~: line,
5.GE.O; ft. tc thc cer.te:lir:f cf Er,r~.:p[:s~ Dxiv~ and the
~ci~t cf becir.nin5: thenc~ SiEE1P'5;"X, ?,ocQ ft. tc pint
temporary construction easement thirty (30) ft. in width
"A" also the pcint cf termlnation. 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.
AIS0 a forty (40) foot vide permanent sanitary sever case-
ment, the centerline of which is described as follovs:
Commencing at point "A" described abcve; thence N27O
16'18°K. 634.85 feet; thence S89'41'4€"U, 119.96 feet;
thence K14c0C'1C"W, C6E.16 feet to a pcint on the South
line of the W.E.P.Co. right-of-vay.
Tcce:!ser with tw;E-!y (2Cl f?ct w:de ter.;.crtry ccrs::uc:icr.
L t :I' :.e<: c.: e;!F7<?:! !':i::C ri:i.?F., 2!!t;C(.-.. 1, ?-2 __
tht a'r.:c cLs::1LE: 4: !r:r r.<:r.2;,,<:: €2IC:.1-:.
Tax Key NO. 2227.999.001
0
Legal Description
roc: City of Ruskego
Sanitary Sewer Easements
~13 that part of Section 17, Town 5 North, Range 20 fast,
described as follows:
City of Huskego, Waukesha County, Wisconsin more fully
A forty (40) foot wide permanent sanitary sever easement,
the centerline of which is described as follows:
~88~19'54"E. along the East 1/4 line of said section,
commencing at the center of said Section 17,; thence
park Addition 1; thence S0D05@'30E, alor.? said West line,
1,351.15 ft. to the West line of the Euskegc Industrial
point of beginning; thence .588'19'54"K, 1,000 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 vide permanent sanitary sewer ease-
ment, the centerline of vhich is described as follows:
commencing at point "A" described above; thence N27n
16'18"W. 604.86 feet; thence 589O41'46"W. l19.96 .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 vide temporary construction
easements lying parallel, adjacent and on both sides of
the above described 40 foot permanent easement.
Tax Key NO. 2227.999.001
c
EXHIBIT 2
(Legal Description)
All that part of the Northeast 1/4 and the Northwest 1/4 and the
Southwest 1/4 and the Southeast 1/4 of Sec:ion 17, Town S North. Range 20
.East. in the City of Muskego. County of Waukesha, State of Uisconrin.
described as follwr: Comrnencfng at the North ll8th corner of the raid
Southeast I/4 distant West 1351.72 feet from the East 114 corner of said
.Section 17: thence West along the East-West 1/4 line of said Section 17.
1105.82 feet: thence North 22O 37' Uest along an ancient fence line.
302.12 feet to a point on the Southerly line of the Wisconsin Electric
Power Company right-of-way: theoce South 71' 00' West along said Southerly
line 134.10 feet to a poizt on the Nor:h-South 114 line of said Section
17: thence South 0' 43' Vest along said North-South 114 line 14.95 feet to
a point on the Southerly line of the aforementioned right-oE-way: thence
South 72O 50' West along said Southerly line, 457.02 Eeet; thence South 7O
40' East 518.18 feet: thence Nor:h 88' 40' West 586.98 feet to a point
distant East 401.20 feet from :he 1/8c!1 line of the Southvest 114 of said
Section 17: thence South 0' 34' Uest and parallel to the 1/Bth line of the
said Southwest 114, 537.75 feet: thexe North 89O 59' East and parallel to
the Souzh line of the said Sac:-,best 1/4* 697.04 Eeet; thence South lo 01'
East 864.34 feet: thence Norch 89" 59' Fast and parallel to the South line
of the said Southwest lj4. 236.37 feet :o a point on the aiorementioned
North-South 111 line distant Ncrrh 0' 43' East 833.58 feet from the South 0 114 comer of said Section 17: thence South 89' 19' 30' East and parallel
the l/8th line of the Southeast 114 of said Section 17. distant North Oo 43' East
to the South line of the said Southeast 114 1351.72 feet to a point on
833.58 feet from the South l/2ci cor-er of the said Sou:?east 114: thence North 0' 43'
cornencement. EXCE?TIX TH3.EA3CF! chat ?art conveyed in Varranty Deed, dated January 3
East along the East line of tk.2 saiA Southeast 1/4. 1820.55 feet to the point Of
1984 and recorded January 12. 1984, lee1 537. Lmge 477. as Document No. 1243105.
Tar Key No. 2227.999.001
0 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,OQO
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 #112-86
apply to this assessment.
Legal Description
?or: City of Huskego
Sanitary Sewer Easements
All that part Of Section 17, Town 5 North, Range 20 East,
described as follows:
City of Huskego. Waukesha County, Wisconsin more fully
A forty (40) foot wide permanent sanitary sewer easement,
the centerline of which is described as follows:
~88'19'54"E. along the East 1/4 line of said section,
Commencina at the center of said Section 17,; thence
Park Addition 1; thence SOOnSe'30E, along said h'est line,
1,351.15 ft. to the Kest line of the Kus)..egc ~ndustrial
point of beginning; thence S88°19'54"k;, 1,000 ft. tcj 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'
thence N14°0C'1C"W, 468.16 feet to a point on the South
16'18"U, 604.86 feet; thence S89°41'46"U, 119.96 feet;
line of the W.E.P.Co. right-of-way.
Tcgether with twenty (20) foot wide terpcrary cocstru-:~c:;
eaCez.FT;!: Iyir:? Fz:a!!e:, a?ja.rc-: ?-,e c::: t>::? s:?!.: :f
the at.c:.r des:rited 45 f:;t pc:r.z:,cr,t ez:cn.cr;t.
Tax Key No. 2221.999.001
31
32
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~m 13
12
14 !m i 16
1'1 .... tSrll.
152 Seller's Social Serurily No
on 19 "I ."
THIS INDENTURPI, made this day of 198
by and between BAROLD R. DeBACK & 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.
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WITNESSETH:
WHEREAS, the party of the first part, HAROLD R. DeBACK 6
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;
0 NOW. THEREFORE, party of the first part, in consideration of
the sum of ONE WLLAR and other gocd 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, maintenance 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, worknen, 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 t3 themselves the right to make stich use of lag3 included
in said easel;ient, subject to the ordinances of the City of
Huskego, 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 aanitary sewer or prevent ingress 'orregress,
thereto for the purpose of construction, repair, maintenance and
reconstruction thereof.
The parties expressly acknowledge that the party of -the
second part my allow others not parties to this easementloeuse
the easement for the purposes indicated above.
-THIS INDENTURE, upon its acceptance by the party Df -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 b CAROL J. DeBACK, to me
known to be the persons who executed the foregoing instrument and
acknowledged the same.
NOTARY PUBLIC, STATE OF WI
uy commission expires:
THIS INSTRUMENT WAS DPAFTED BY:
Actorney Donald S. Molter, Jr.
AREXZ, MOLTER, MA- 6 RIFFLE, S.C.
Waukesha, Wisconsin 53187-1348
'@ P. 0. Box 1348
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All chat part of the Northeast 114 and the Northvest l/o and the
Southvest 1/4 and the Southeast 1/4 of Section 17. tom 5 North. Range 20
East. in the City of Huskego. County of Waukesha. State of Wisconsin.
described am follows: Commencing at the North l/8th corner of the said
Southeast 1/4 distant West 1351.72 feet from the East l/O corner of said
Section 178 thence West along the East-Vest 114 line of said Section 17.
1105.82 feet: thence North 7.2- 37' West along an ancient fence line.
Pover Company right-of-way: thence South 71° 00' Wesr along said Southerly
302.12 feet to a point on the Southerly line of the Wisconsin Electric
line 134.10 feet to a point on the North-South 114 line of said Section
17: thence South Oo 43' West along said North-South 1/6 line 14.95 feet to
a point on the Southerly line of the aforementioned right-of-my: thence
South 72' 50' West along said Southerly line, 057.02 feet; thence South 7O
distant East 401.20 feet from the 118th line of the Southwest 114 of said
40' East 518.18 feet: thence North 88' 40' West 586.98 feet to a point
Section 17: thence South 0' 34' West and parallel to the 118th line of the
the South line of the said Southvest 114. 697.04 feet: thence South 1" 01'
said Southvest 114. 537.75 feet: thence North 89" 59' East and parallel tO
of the said Southwest 114. 236.87 feet to a point on the aforementioned
East 864.34 feet; thence North 89O 59' East and parallel to the South line
North-South 114 line distant North 0' 43' East 833.58 feet from the South
1/4 corner of said Section 17: thence South 89O 49' 30' Easr and parallel
833 58 feet from the South 1le:h corner of the said Sout>.east l/'+; tie-ce Nor:h 0' 43~
the l/ach line of the Southeast 1/4 of said Section 17. distant North 0' 43' East
commencement. EYCEPTINC THEREFROM that part conveyed in 5iarranty Deed. daCed January ::
East along the East line of the said Southeast lj4. 1820.55 feet to :5e point of
1984 and recorded January 12. 1984. Reel 587. Image 477. as Document No. 1243105.
Tax Key No. 2227.999.001
0 to the South line of the said Southeast 1/4 1351.72 feet to a point on
r
.Due Service of a Copy oft
CERTIFICATE OF COMF’ENSATION L NUI’ICE OF
RIGEIT TO APPEAL TRE AMOUNT OF COW~ATION
PURSUANT TO WISCONSIN STATUTE 32.05(2a)
Admitted this day of , 1988.
HAROLD R. DeBACK
CAROL J. DeBACK
APKXlNT OF COMPENSATION KIRSUANT
NOTICE OF RIGHT TO APPEAL"lgE
TO WISCONSIN STATUTE S32.05(2a)
Any person nawd in the Certificate of Cornpenmation. a copy
of which 1s-attached hereto, pay within six (6) -sonths after the
date of the recording of maid Certificate, appeal .from the amount
of compensation therein stated in the Panner met 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, Uayor
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 m 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
in the property immediately prior to its conveyance is as
follows:
Harold R. DeBack h Carol J. DeBack, his wife
2. The legal description of the property in which a
permanent easement was acquired is as follows:
SEE ATTACHED DOCUMENT MARKED EXHIBIT "2"
t 3. The matter of the interest acquired and the compensation
for such acquisition is as follows:
The matter of the interest acquired is permanent
sanitary sewer easement and temporary
construction easement.
The amount of compensation is per Muskego
Resolution # 26 -89. -
Dated this day of , 1989.
CITY OF MUSKEGO
Wayne G. Salentine. Mayor
ATTEST :
Jean K. Marenda, Clerk
This Instrument Was Drafted By:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, U4CY 6 RIFFLE, S.C.
P. 0. Box 1348 0 Waukesha, Wisconsin 53187-1348
e
Legal Description
?or: City of nuskcgo
Sanitary Sever Easements
All that part of Section 17. Town 5 North, Range 20 East,
described as follows:
City of Huskego. Waukesha County, Wisconsin more fully
A forty (40) foot wide permanent sanitary sewer easement,
the centerline of which is described as follows:
NBB019'54"E. alona the East 1/4 line of said section,
Commencing at the center of said Section 17,; thence
Park Addition 1; thence S0OC5e'30E, algn? said Ciest line,
1,351.15 ft. to the Kest line of the lsuskegc Industrial
908.00 ft. to the centerline of Enterprise Drive and the
point of beginning; thence S8eo19'54"bi, 1,OGO ft. to point
"A" also the point of ter6ination. Together with a
temporary construction easement thirty (30) ft. in width
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 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 589O41'46"W. 119.96 feet;
thence N14°04'14"K, 460.16 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 an.' on both sides of
the above described 40 foot permanent easement.
Tax Key NO. 2227.999.001
WAIVER OF APPRAISAL, RECOHMENDATION L APPROVAL
NOMINAL PAYUENT OR 80 PAYENT PARCEL
Owners: Harold R. DeBack L 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 Rea$l?u&f"pd'@&-!! for the
permanent easement stated. subject to the approval of the City of
Muskego.
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
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
~~
CAROL J. DeBACK