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CCR1994250COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #250-94 RESOLUTION AS TO OFFERS TO PURCHASE EASEMENTS (Sanitary Sewer - Mystic Drive/Foxboro North) BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Public Utilities Committee, does hereby authorize the execution of Offers to Purchase for zero dollars and necessary closing documents for permanent sanitary sewer easements and temporary construction easements for the Mystic Drive/Foxboro North Sanitary Sewer Project for the following properties: Tax Key 2203.989 Edward and Darlene Duklas Tax Key 2203.994 Tax Key 2203.994.001 John Michur & Sonia Iglinski Tax Key 2203.993 Tax Key 2203.995.002 Gary and Carole Reich Tax Key 2203.995.001 Philip and Carolyn Schuenke Tax Key 2203.992 Earl Mayer Tax Key 2203.995.004 Lawrence and Cindy Schweitzer Tax Key 2203.991 Tax Key 2203.991.001 Jane Ellen Frei (A SAMPLE OF THE DOCUMENTATION IS ATTACHED) DATED THIS 22ND DAY OF NOVEMBER, 1994. SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. David J. Sanders Ald. Domonic D'Aquisto Ald. Donna M. Woodard This is to certify that this is a true and accurate copy of Resolution #250-94 which was adopted by the Common Council of the City of Muskego. 11/94 4 (i 47 Huyer agrees that unless otherwise specified. hyer will. in good faith, pay all costs of securing any financing to the extent permilled hy law. and will perform all arts necessary tn expeditr such financinrr. Inrlud~~d~nth~purch;~srpricr;~renurh~rf~hrfnll~~rvingiL~ms~~sma.vh~~ontheproprrt.v~~nthr~atr~~fthisr~ffcr.whirhwillhe dt.liverrd frcc and rlwr ofenrumhrances: xll fixtures: and all ganlrn Ilulhs. plants. shrubs and trees. .. .. ~~ .'->I Al~l~lTl~l~Al,lTl~MSlN~~l,lll~Kl~ IN TIII~SAl.E:None~ ,>i XI r. .. I'l~V:MS NOT lNC1,tlI~~~l~ IN TIIK SAI,K: N0n.e: ........... .......... , .......... .. .. .... easement .. Sellershall,uponpaymentof~hepurchaseprice,~~nv~y~hr~r~~perlyh 5H Frrcand rlearofall lirnsand ~ncumhrances.exreptinrr: municipal and znn-recorded e;lsements forpuhlic utilities orothprr,,nveynnccpr,lvidrd herein. .'19 serving the property. recording huilding and use restrictions and rovenants. general taxes levied in the year of closing XK& 60 .... ..... provided none of the foregoing prohibit present use. 61 andSellershallcompleteanderecutethedocumentsnecessarytorecordtheconvcyance.~WARNING:Kecordcdbuildingandust. 63 Thisoffcrisbindinguponbothpartiesonlyifacopyoft a ce Led rir; ep qile 62 restrictions and covenants can have material impact on the use of or improvements Lo the property.) &us\2go @gy AaLy, P,.~~t~~i~rsgrepaid.i;.;~iL'.~.lnaii ', (L: :br. i> .~IL..~~.L~ uellvwy system. aooressed LO buyer at' .YU>.P. NuSK%Ot WS. .WS-! 65 delivery ofthc accepted offer to Buyer on or before Otherwisc, this offer . or by personal 66 is void and all earnest money shall be promptly returned to Ruyer. 67 This transaction is to be closed at the office of Buyer's mortgagee or at the office of .M"S!.?LP city Hal!. 1 68 on or before fi9 Legal possession of property shall be delivered by Buyer on dale of closing. 19. , or at such other time and place as may be agreed in writing. 70 It is understood the property is now occupied by .@Fer.(?). 71 under (oral lease) (written lease). which terms are: .nLa. 73 72 74 7fi 77 7H 79 Occupancy of the. .ea?eFnt. .. ... shall be given to Buyer on c1?sing 75 3 .. ..... H4 85 86 H7 xx 102 be on the basis of $. 10:1 estimated annual tax. 11)7 ..... David L. ~e Ange'iis, Mayor .. (Iluwrl Jean K. Marenda, Clerk I I%tlvt.rl I<un,r's- .. ID. No.. Ihted: 19. GARY R. RFICH Offer is rejected (Sellm initial.) Seller's Sorial Security No CBll I!). ill tsei~crr 111. ml’IC DRIVE BASBUENTS A permanent sanitary sewer easement acro6s the Westerly 20 feet a6 measured normal and para.llel to the West line of the following described property; A temporary construction eaaement across the EaBt 20 feet of the Westerly 40 feet a6 measured normal and parallel to the West line of the following describe,j property; Parcel 3 of Certifielj Survey Map No. 536 being a part of the Sw 1/4 of Section 11, T 5 N, R 20 E, in the City of Muskego, Waukesha County, Wisconsin, recorded on February 24, 1967 at Waukesha County in Volume 3 of Certified Survey Maps on Pages 261 and 262 as Docum?nt No. 678857. ADMISSION OF SERVICE Due Service of a Copy of: CERTIFICATE OF COMPENSATION & NOTICE OF RIGHT TO APPEAL THE AMOUNT OF COMPENSATION PURSUANT TO WISCONSIN STATUTES §32.05(2a) Admitted this day of , 1994. GARY REICH CAROLE REICH NOTICE OF RIGHT TO APPEAL THE AMOUNT OF COMPENSATION PURSUANT TO WISCONSIN STATUTE §32.05(2a) Any person named in the Certificate of Compensation, a copy of which is attached hereto, may within six (6) months after the date of recording of said Certificate, appeal from the amount of compensation therein stated in the manner 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 , 1994. CITY OF MUSKEG0 0 ATTEST : Jean K. Marenda, Clerk David L. De Angelis, Mayor CERTIFICATE OF COMPENSATION Pursuant to Wisconsin Statute g32.05(2a), this document shall be recorded with the Waukesha County Register of Deeds, Waukesha, Wisconsin. That the City of Muskego has acquired easements in the property described below pursuant to Section 32.05 of the Wisconsin Statutes. 1. The identity of all persons having an interest of record in the property immediately prior to its conveyance is as follows: Gary Reich and Carole Reich, his wife 2. The legal description of the property in which a permanent and temporary easement were acquired is as follows: See Attached Legal Description Marked Exhibit "A" 3. The matter of the interest acquired 2nd the compensation for such acquisition is as follows: The matter of the interest acquired is a permanent and temporary easement for sanitary sewer improvements. The amount of compensation is $0.00. 4 Dated this day of , 1994. CITY OF MUSKEG0 David L. De hgelis, Mayor ATTEST : CITY SEAL Jean K. Marenda, Clerk This Instrument Was Drafted By: Attorney Donald S. Molter, Jr. ARENZ, MOLTER, MACY & RIFFLE, S. C. Waukesha, Wisconsin 53187-1348 720 N. East Avenue, P. 0. Box 1348 A permanent sanitery ceve): easement aero66 the Westerly 20 feet as messured normal and para.lle3 to the We6t line of the following described property; A temporary construction easement BCroOs the EaBt 20 feet of the Westerly 40 feet as measured normal and parallel to the West line of the following describe,j property; Percel 3 of Certified Survey Hap NO. 536 being a part of the Sw 1/4 of Section 11, T 5 N, R 20 E, in the City of Mubkega, Weukesha County, Wis>:onsin, recorded on February 24, 1967 at Waukesha County in Volume 3 Of Certified Survey Maps on Pages 261 an6 262 8s Docummt NO. 678857. WAIVER OF APPRAISAL, RECOMMENDATION & APPROVAL NOMINAL PAYMENT OR NO PAYMENT PARCEL Owner: Gary Reich and Carole Reich, his wife Acquisition of: See Attached Legal Description Interest Acquired: Permanent and Temporary Easement for Sanitary Sewer Improvements The undersigned owners of land designated as in the attached legal description, containing approximately acres, agrees to accept settlement in the amount of $0.00 as full payment for the permanent and temporary 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. waive such right to an appraisal was made without undue influence or coercive action of any nature The undersigned owners further state that the decision to 4 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 , 1994. Gary Reich Carole Reich A permanent ranitary sewer easement acto66 the Westerly 20 fret 66 messured normal and para.lle1 to the We6t line of the following described property; A temporary conetruction eaaement aCrOEs the EBBt 20 feet of the Westerly 40 feet a6 measured normal and parallel to the West line of the following described property; Parcel 3 of CertifiemS Survey Nap No. 536 being B part of the SW 1/4 of Section 11, T 5 N, R 20 E, in the City of Nuskega, Kaukesha County, Wism:onsin, recorded on Februery 24, 1967 at Kaukesha County in Volume 3 of Certified Survey Map6 on Pages 261 and 262 as Docum.znt No. 610057. AMOUNT OF COMPENSATION PURSUANT WAIVER OF APPEAL RIGHTS AS TO TO WISCONSIN STATUTE S32.05 For valuable consideration, hereby acknowledged by the undersigned, we hereby waive any and all rights that we may have to appeal the award of compensation, made under Wisconsin Statute §32.05. Dated this day of , 1994. Gary Reich Carole Reich EASEMENT THIS INDENTURE, made this day of , 1994, by and between GARY REICH & CAROLE REICH, husband and 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, GARY REICH & CAROLE REICH, owns a parcel of real estate located in the City of Muskego which is described as follows: SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "A" WHEREAS, party of the second part has requested from the party of the first part a permanent sanitary sewer easement for sanitary sewer purposes including construction, repair, maintenance and reconstruction of the sanitary sewer and a temporary construction easement for sanitary sewer improvements. NOW, THEREFORE, party of the first part, in consideration of the sum of ONE DOLLAR and other good and valuable consideration, the receipt whereof is hereby acknowledged and confessed, do grant and convey unto the pxty of the second part, forever, a permanent sanitary sewer easement for sanitary sewer purposes including construction, repair, maintenance and reconstruction of the sanitary sewer and a temporary construction easement for sanitary sewer improvements in the City of Muskego, Waukesha County, Wisconsin, on, over and in the following described real estate: SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "B" 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 and incidental to the construction, repair, maintenance and reconstruction of said sanitary sewer, but reserve to themselves the right to make such use of land included 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 THIS IS NOT HOMESTEAD PROPERTY. GARY REICH CAROLE REI CH STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) ) ss. Personally came before me this day of 1994, the above named GARY REICH & CAROLE REICH, to me known to be the persons who executed the foregoing instrument and acknowledged the same. THIS INSTRUMENT WAS DRAFTED BY Attorney Donald S Molter, Jr. ARENZ, MOLTER, MACY & RIFFLE, S.C. Waukesha, Wisconsin 53187-1348 720 N. East Avenue, P.0 Box 1348 -2- ~ NOTARY PUBLIC, STATE OF WI My commission expires: Certified Survey bps on Pages 261 and 262. as Document No. 678857. being a part of Parcel 3 of Certified Survey Map No. 536. recorded on February 24, 1967 in Volume 3 of the SW 1/4 of Section 11. Tm 5 North, Range 20 East, City of Muskego, County of Waukesha. State of Wisconsin. TOGETHER vith an easement for the purpose of constructing and maintaining a private aevage disposal system for the purpose of serving the buildings to be constructed on the above described premises on the adjacent premises described as follovs: All that part of the Southwest 1/4 of Section 11. Tom 5 North, Range 20 East. in the City of Muskego. County of Waukesha. State of Wisconsin, bounded and described as follovs: Comencing at the Southwest corner of the said quarter Section: thence North 25.0 feet: thence South 89O 53.5' East 1324.0 feet to the West line of Mystic Drive: thence North Oo 24' East on the said West line of road 820.0 feet to a point: thence West 181.5 feet to the point of beginning of the lands herein described: thence continuing West 152.0 feet: thence North 0' 24' East 120.0 feet: thence East 152.0 feet: thence South Oo 24' West 120.0 feet to the point of beginning. The aforesaid sewer easemen: to continue until 60 days after a municipal sewer is available for rhe use of the premises hereby conveyed. Tax Key No MSKC 2203 995.002 msg'rc DRIVE EASEUENTS A permanent ranitary newel: easement acro66 the Westerly 20 feet a6 measured normal and para.lle1 to the West line of the following described property; A temporary construction easement acro66 the East 20 feet of the westerly 40 feet as measured normal and parallel to the West line of the following describe,j property; Parcel 3 of Certified Survey Hap No. 536 being a part of the Sw 1/4 of Section 11, T 5 ti, R 20 E, in the City of Kuskega, HailkeEfia County, WiSCO>6in, recorded on February 24, 1967 at Piaukesha County in Volume 3 of Certified Survey Maps or. Pdges 261 and 262 as Documc?nt No. 678857.