Loading...
CCR1991174COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #174-91 APPROVAL OF CERTIFIED SURVEY MAP (Agenten) WHEREAS, a Certified Survey Map was submitted on May 30, 1991 to create a two-parcel plus outlot division in the NE 1/4 of Section 12, and WHEREAS, the Plan Commission has recommended approval subject to approval from the City of Franklin guaranteeing sewer service to Public Works and Public Utilities Committees, and the lots, and subject to approval by the City of Muskego's WHEREAS, the Finance Committee has reviewed the attached agreements as submitted by the City Attorney and has recommended approval. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Plan Commission and the Finance Committee, does hereby approve the Certified Survey Map to create a two-parcel plus outlot division in the NE 1/4 of Section 12. BE IT FURTHER RESOLVED that this approval is subject to the City of Franklin guaranteeing sewer service to the lots and subject Utilities Committees. to approval by the City of Muskego's Public Works and Public BE IT FURTHER RESOLVED that this approval is subject to execution of the attached agreements and subject to receipt of all fees required by Section 10 of the Land Division Ordinance and approval of the City Engineer. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the documents in the name of the City. DATED THIS 15TH DAY OF JULY , 1991. SPONSORED BY: FINANCE COMMITTEE Ald. Daniel J. Hilt Ald. Edwin P. Dumke Ald. Harold L. Sanders e ATTEST : AGREEMENT WHEREAS, the owners of certain properties within the City of 0 Muskego, hereinafter referred to as "Muskego", are desirous of obtaining sewer service: and WHEREAS, the City of Muskego at this time is unable to provide said sewer service to the properties in question: and WHEREAS, the City of Franklin, hereinafter referred to as "Franklin", is at this time able to provide sewer service to said properties. NOW, THEREFORE, BE IT RESOLVED, for valuable consideration acknowledged by each party as follows: 1. That the properties to be served are designated as Lot 1 and Lot 2 on the attached copy of a Certified Survey Map, which is made a part hereof and marked Exhibit "1". That Franklin will provide sewer service connection to said properties upon written request of Muskego. 2. That Franklin will bill Muskego at the same time and in 0 the same amounts for the local sewer service charges for said properties and the same will be paid by Muskego in the same manner and in the same amounts as other properties are billed in Franklin for the local sewer service charges. The charges billed to Muskego will not include the portion of the sewer service fee which is that fee for the Milwaukee Metropolitan Sewerage District, hereinafter referred to as ""MSD". The MMSD operation and maintenance charges will be billed directly to Muskego and the deductions from capacity purchased by Muskego from MMSD will be deducted against Muskego. 3. This agreement shall terminate upon Muskego being able to Dated this hr# day of JULY , 1991. provide sewer service to the properties in question. CITY OF MUSKEG0 ~ITY OF FRANKLIN AGREEHEUT WHEREAS, the City of Muskego, hereinafter referred to as "Muskego', wishes to provide sewer service to two properties located within the City of Muskego: and WHEREAS, the only manner in which said service can nou be provided is by connection to the City of Franklin sewer system; and hereinafter referred to as "Owners", are all of the Owners of said properties designated as Lot 1 and Lot 2 on the attached copy of a Certified Survey Map, which is made a part hereof and marked Exhibit "1"; and WHEREAS, all of the Cmers are desirous of obtaining sewer service. NOW, THEREFORE, for valuable consideration acknowledged by all parties, IT IS BEaEaY AGREED AS FOLLOWS: 0 1. That the Owners of said properties shall pay to Muskego sewer service charges which at this time shall be uniform to all similar situated MuskeSo properties: that Muskego reserves the right to change the sever service fees in a non-uniforn manner with other properties in Muskego in the future if it determines at that time that this method of charging is fair and reasonable. 2. Prior to Muskego making written request of the City of Franklin for connection to its sewer system by these properties, a connection fee as required by the Muskego ordinance shall be paid; if the City of Franklin has any connection fee or similar fee, the property owner is responsible for the same and not Muskego. 3. The properties in question are subject to certain reserve capacity special assessments which have been levied against the sane and payment for the same is due and owing pursuant to the requirenents of said resolution. 4. The Owners shall be responsible for installation of their own laterals in compliance with the ordinance and rules and \ .. ’,. regulations of Muskego and as may be required by the City of 0 Frank1 in. 5. The Omers of said properties agree that if sewer service becomes available to said properties by connection to Muskego’s sewer system, they, at their own expense, will disconnect from the City of Franklin system and connect to the Muskego system and pay all connection charges, assessments, etc. due to said disconnection and reconnection: all charges caused by this disconnection and reconnection shall be specially assessed, charged as special charges or collected in any other manner seen fit by Muskego against the properties affected. 6. This agreement shall be executed in recordable form and shall be a covenant running with the land and shall be recorded with the Waukesha County Register of Deeds. Dated this 1L-r~ day of JULY , 1991. I CITY OF MUSKEG0 Wade G. Salentine, byor J n K. Marenda. Clerk STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) )ss. Personally came before me this Ib@L day of 1991, the above named Wayne G. Salentine, as Mayor, and Jean K. MarcnZa. as Clerk, of the City of Muskego, to me known to be the - Dersans vko executed the foregoing same. instrument and acknowledged the NOTARY PUBLIC, STATE OF WI My commission expires: 7-a-E Owner -2- Gwner > &/2$ -w W&+" //&4cL/Rfl& <P cu j 0 Owner Owner STATE OF WISCONSIN ) COUNTY OF WAUKESRA ) 1991, the above named f./M 83 )ss. Personally came before me this , me known to be the persons who execute imtrunent and acknowledge the same. y commission expires: THIS INSTRUMENT WAS DRAFTED BY: Attorney Donald S. Molter, Jr. Arenz, Palter, Macy h Riffle, S.C. Waukesha, Wisconsin 53187-1348 P. 0. Box 1348 PLEASE RETURN TO: City of Muskego P. 0. Box 903 Muskego, WI 53150 -3- \