CCR1989202COMMON COUNCIL - CITY OF MUSKEG0
KESOLUTION #202-89
AUTHORIZING EXECUTION OF AGREEMENT
(Ross)
WHEKEAS, Don Ross has requested municipal water hook-up for his
property described in Exhibit 2 of the attached agreement, and
WHEKEAS, the Public Utilities Committee has recommended municipal
water be made available to the Ross property provided certain criteria are met as detailed in the attached agreement.
NOW, THEREFORE BE IT KESOLVED, that the Common Council of the
City of Muskego, upon the recommendation of the Public Utilities
Committee, does hereby authorize execution of the attached
agreement for Don Ross.
BE IT FUKTHEK KESOLVED that the Mayor and Clerk are hereby
authorized to sign the necessary documents in the name of the
City .
DATED THIS 25th DAY OF Julv , 1989.
PUBLIC UTILITIES COMMITTEE
Ald. Harold L. Sanders
Ald. William T. Simmons
Ald. David J. Sanders
ATTEST:
City Clerk
7/89
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AGREEMENT
WHEREAS, DON ROSS h KATHY ROSS, his wife, hereinafter
referred to as "ROSS", wish to construct a certain water lateral,
part of which will be on property owned by the CITY OF MUSKEGO,
hereinafter referred to as "CITY": and
WHEREAS, under the following terms and conditions, the CITY
is willing to allow the construction of such a lateral.
NOW, THEREFORE, for valuable consideration, acknowledged by
both parties,
IT IS AGREED AS FOLLOWS:
1. That ROSS shall cause a water lateral to be constructed
from the water main on the north of County Trunk Highway L and
extended to a junction box on the south of County Trunk Highway L;
the maintenance of this lateral extension in the road right-of-way
to the junction box on the south of County Trunk Highway L to be
the responsibility of the City of Muskego Water Utility. Said
pipe will run along Crowbar Road to the property described on
.,
Exhibit "l", which at the time of execution of this Agreement is
owned solely by ROSS, so as to connect the residence thereon to
water service within the property described on Exhibit "2" all
under the direction and as required by the City Engineers of the
CITY or its properly authorized representative: that said water
lateral shall be constructed solely at the expense of ROSS, who
shall obtain all necessary governmental approvals, 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 costs to the CITY
including, but not limited to, fees of the City Engineers, City
Attorney, water capacity assessment, permits fees, recording fees
as estimated on Exhibit "3" due to this project shall be paid by
ROSS upon receipt of the bill, and upon execution of this
Agreement, ROSS shall deposit with the CITY the sum of
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$12,230.50 , which the CITY may draw on to pay said fees as
incurred and any balance left in said account after all bills are
paid, if any, shall be returned to ROSS.
2. That said Lateral shall be completely constructed within
Nine (9) months from the date of this Agreement or this
Agreement is null and void and all amounts held by the CITY
forfeited to the CITY as liquidated damages. That portion of the
lateral from the property line of the ROSS property described on
Exhibit "1" to the building on said property shall be maintained
by the owner of said parcel; the lateral from the property line of
the ROSS parcel to the junction box on the south of County Trunk
Highway L shall be maintained to the CITY's sole satisfaction by
ROSS and their successors in interest to the parcel described in
' Exhibit "1" and tiiis agreement as to said maintenance shall be a
covenant running with the land.
3. That ROSS 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 fees and costs
referred to above and maintenance of the lateral in the CITY's
right-of-way and shall indemnify and hold harmless the CITY from
any claims growing out of said construction and maintenance.
4. That ROSS and their successors and assigns as to the
property described in Exhibit "1" shall agree that they shall be
responsible for any special assessment or similar charge made for
the installation of a water main past the property described in
Exhibit "1" and said property will be assessed for the same.
5. That this Agreement shall be binding upon and inure to
the benefit of the parties hereto, their heirs, personal
representatives, successors and assigns.
6. That this document shall be recorded with the Waukesha
County Register of Deeds as to the property described in the
attached Exhibit "1".
Dated this day of , 1989.
DON ROSS
-2-
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KATW ROSS
SI'ATE OF WISCONSIN )
COUNTY OF WAUKESEIA ) ISS.
Personally came before me this day of , 1989
the above named DON ROSS h KATHY ROSS to me known to be the
persons who executed the foregoing instrument and acknowledged the
same. ..
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NOTARY PUBLIC, SPATE OF WI
My commission expires:
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Dated this day of , 1989.
CITY OF MUSKEGO
By:
WAYNE G. SALEWPINE, Mayor
ay:
JEAN K. MARENDA, Clerk
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
)SS.
Personally came before me this day of , 1989
the above named WAYNE G. SALEKPINE as MAYOR and JEAN K. MARENDA as
CLERK of the CITY OF MUSKEGO 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 INSPRUMEm WAS DRAFTED BY:
Attorney Donald S. Molter, Jr. 0 720 N. East Avenue, P.O. Box 1348
ARENZ, MOLTER, MACY h RIFFLE, S.C.
Waukesha, Wisconsin 53187-1348
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EXHIBIT 1
Legal Description
Don Ross Property
all that part of the
quarter of Section 19, Town 5 North, Range 20 East, City'of-Muskego,
Northwest one-quarter and-Northeast one-quarter of the Northwest one-
k'aukesha County, Wisconsin, bounded and described as follows:
Section 19; thence North 87O07'22" East along the North line of said
Northwest one-quarter 957.00 feet to a point on the centerline of
Crowbar Drive and the point of beginning of the parcel hereinafter
described; thence continuing North 87'07'22" East along said North
line 340.41 feet; thence South 08O07'38" East p~rallel to the said
centerline 150.64 feet; thence South 87'07'22" West parallel to the
North line of the Northwest one-quarter of Section 19, 340.41 feet to 0
a paint on the centerline of Crowbar Drive.: thence North 08°07'38"
West dlonq said centerline 150.64 feetato the point of beginning,
containing 51,064 square feet-or 1.172 acres.
width lying East of and adjacent to the above described centerline of
Crowbar Drive for public street purposes.
Commencing at the Northwest corner of the Northwest one-quarter of
Excepting and dedicating therefrom a strip of land 50 feet in
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Lesa1 Dcrcttption
L5, 19s;"
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EXHIBIT "3"
ATTORNEY FEES
ENGINEERING FES
WATER CAPACITY ASSESSMENT (UCA) '
PERYIT FEES (845 feet - Permit Fee of
$25.00 plus lo+ for every foot over
100 feet (745 x lo+) plus $15.00 fee
for conversion to meter
2 RECORDING FEE
SOIL EROSION PERiiLT
PLUMBING CONTXACTOR'S FEE
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$ 380.00
$ 250.00
$ 810.00
$ 114.50
$ 14.00
$ 30 .OO
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$10,632.00
$12,230.50
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