CCR2007177.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #177-2007
APPROVAL OF AMENDMENT TO
LAKE MEADOWS DECLARATION OF WATER TRUST
WHEREAS, The Lake Meadows Declaration of Water Trust ("Water Trust") was
originally created on May 2, 1979 and amended on August 6, 1979; and
WHEREAS, Paragraph 19 of the Water Trust requires that the City of Muskego,
hereinafter referred to as "City", approve any amendment to the Water Trust; and
WHEREAS, The City has been requested to approve an amendment to the Water Trust
and said amendment is attached hereto; and
WHEREAS, The Finance Committee has recommended that the City approve the
amendment as requested by the Water Trust.
NOW, THEREFORE, BE IT RESOLVED That the Common Council, upon the
recommendation of the Finance Committee, approves the amendment as requested by
the Water Trust.
BE IT FURTHER RESOLVED That the City by giving its approval to this Water Trust
amendment is in no manner approving any borrowing resolution or approving any of the
procedures followed by the Water Trust.
BE IT FURTHER RESOLVED That the City by this approval accepts no obligation or
responsibility as to this amendment to the Water Trust.
DATED THIS 11TH DAY OF SEPTEMBER, 2007.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Bob Melcher
Ald. Neil Borgman
Ald. Keith Werner
This is to certify that this is a true and accurate copy of Resolution #177-2007 which
was adopted by the Common Council of the City of Muskego.
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AU~-30-2007 09:59A FROM:LITERSKI ROGACZEWSKI 4143219905 TO: 12626795630 P. 1/25
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Law Offices Of Attornevs:
Paul D. Literski
Gregory J. Rogaczewski
Paralegal:
Donna O'Malley
LlTERSKI & ROGACZEWSKI
4745 W. Forest Home Avenue
Greenfield, WI 53219
Phone (414) 321-7171 . Fax (414) 321.9905
SENT VIA FACSIMILE
August 30, 2007
Cathie Anderson
(262)679-5630
Re: Lake Meadows Declaration of Water Trust
Dear Ms. Anderson:
.
I spoke to you on the phone August 29th regarding the Lake Meadows Water Trust. I am faxing
with this letter a copy of the entire trust document, originally dated May 2, 1979, along with the
"BOITOwing Resolution and Proposal to Amend Lake Meadows Declaration of Water Trust."
Due to the state of disrepair of the wells serving the Lake Meadows area, substantial repairs
costing almost $200,000.00 were necessary. The problem is that the majority of these repairs
have now been completed but the Water Trust had insufficient funds to pay the contractors. The
trustee has made arrangements with the financial institution for a loan so that the contractors can
be paid. Currently payments to the contractor are delinquent.
The Resolution which I have enclosed has been signed by the requisite number oflot owners
and, therefore, has been approved by the members of the Lake Meadows. However, please note
that on page 12 of the Water Trust, the Amendment requires the approval of the City of
Muskego.
The financial institution, before making the loan, required that the trust document be amended to
authorize the trustee to bon-ow the funds. Now that the proposal has been approved by the lot
owners the City of Muskego needs to approve the Amendment according to the terms of the trust
document. Our dilemma is how we can obtain the approval from the City of Muskego.
Because of the urgency needed in obtaining the loan so the contractors can be paid, I am
requesting that either the mayor or some other individual in an official capacity issue a letter
approving the Amendment. There really is no time to get on an agenda before the planning
commission and ultimately the common counsel to approve this amendment. I am hoping this
matter can be administratively approved by either the mayor or other appropriate city official.
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AUG-30-20Ø7 Ø9:59A FROM:LlTERSKI ROGACZEWSKI 4143219905 P.2/25 TO: 12626795630
Cathie Anderson
August 30, 2007
Page 2
After you have had a chance to review the enclosed and discuss it with the mayor or other
appropriate official, would you please call me to discuss how we can accomplish the objective of
obtaining city approval on the Amendment. Perhaps I can add some simple language at the
bottom of the Amendment and the mayor or some other official in Muskego could simply sign
off indicating their approval. Please let me know. ADy assistance you can provide in this most
urgent matter would be greatly appreciated. I shall await your call.
Paul D. Literski
PDL:do
Enclosures
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AUG-3Ø-2ØØ7 09: 59A FROM: LITERSKI ROGACZEWSKI 4143219905
'-,_. 06112/200J_~UI.-:g.!..~L.-l.NL~tL!!Ll7.20-_.!,1.1,DeSl- LenclhIJ Servico
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DECLARATION OF WATER TRUST
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I=t.JG-JØ-2ØØ7 10:ØØA FROM:LITERSKI ROGACZEWSKI 41432199ØS
06/12/2001 ~DB il: 44 PAX 414 421 3120 Buaine.. LeDdin, Service
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TO: 12626795630
INDEX
DECLARATION OF WATER TRUST
Beneficiaries
Inspection and Repair
Connection to SysteM
Otker We"s Prohibited
Charges
R1 ghtS of Use
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Rules and Regulatfons
Defaul t
Election. Duties & CDmpensation of Trustee
Accounts
Dea th or Res t gnat' on of Trustee
.
Removal of Trustee
,13.
14.
Voting Rtghts
Annual Meet; ngs & Speci a1 Mettfngs
15. Court Juri sd1 ct ion
16.
17 .
Sprinkling Regul attoRs
Termination
h 8. Exte~$1 on of Water Syst..
Amendments P 9.
Exhibit "A" - Leg,' Desc:rfpt10n
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Exhibit "S" Plot Plen- Easement Lots 166 , 161
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Exhibit "C" Plot Plan- Easement lot 15
rmendment tD Dee1 arat 10ns
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Al:.JG- 30-2007 10: ØØA FROM: LITERSKI ROGACZEWSKI 41432199Ø5
06/12/2001 TUB ~l: 45 PAX 414 421 3120 BusinesS Lending Service
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I.A1æ MEADOWS r
DÐ:IARATION Of' WA'l'ER TRUST
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KNOti ALL MEN BY THESE PRESmiTS, that the undersigned,
Joeing th6 owner of the reðl estate described on. Exhibit "A" here-
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un~o annexed, in order to provide a water system ~or domestio nter
use to ~rvice the lots which comprise the Subdivision descr1!)ed on
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such Exh1..bit "An (hereinafter referred to as t.he "Subdivision"), t
and other lands ~Ut hereinafter provided, has reserved and by these
presents does hereby reserve the right to construct a deep well and
a gravel well to be situated upon the real Qstate (løscribed on
Exhibit ";an and Exhibit. "C" hereunto 11nnexed, respectively, together
with dist~ibution facilities and a distribution system consisting of
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well pump~, storage tanJts, conttols, pump hou~e, fire hydrants, wa~er ~.
maine, va1.ves, ete, al:t being' for 'the pU3:pO3'e of supplying water for
. d<?~.stic U!i~..~-~Y to such dwellings as may be' entitled to be connected
to the sahe (all such water fac1U.ties hereinafter to be referred to
as the "w;-.ter system-); and
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: WHEREAS, it is intended that lots wi~hin the Subdivision
shall be sold to various purchasers, upon which lots dwellings shall I
be erecte~, ar.d that: tt-.a owners of the lots described in Paragrapb One
(1) };)elow shall hexeatter erect. dwe.llings thereon, and that 'the owners
0: all Buéh lots, or such ot.."ter lots as may be platted on the lands
hereinafter dascribed in Paraqraph Eighteen (18) below, shall have
the right to take water fram said water system, subject ~ tha terms
\ '.....J and conditions of this initial Trust ; and
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~-3Ø-2æ7 10:ØØA FROM:LITERSKI ROGACZEWSKI 41432199Ø5
I' 06/12/2001 ~tJl ~~~~~- ':7 3720 Jusino.' Lenc!1n9 Sorvice
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toffiEREAS. the undersigned docs hereby reprøsent thnt the
said water system above referred to will be installed and constructed
in compliance with the standards of tbe State Board of Health of the
State of Wisconsin, and the approval of the City Engineer and COllDon
CounCill of the City of Haskeco, 'fisconsin, with suffic:1ent water
supply ~s per Stace Board of Health requirements to serve said
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dwellings entitled to be connected to said water system.
NOW, THEREFORE. the undersigned by these presants ~ants
'to the Tru$tee here:Lnatter named, an easement to use and 1I14int:a1n
the entire water system as above set forth. on the conditions a.nd
te1."'TJS of this declaration; and the undersigned doe$ c.ovenant and
agree that, upon the conveyance of any of the lots describad on
) Exhibit !lIA". or such other lots ~ha.t may be entitled to take water
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from satI water system, such conveyances shall be subject to the
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ta;-ms a~d eondiciona of tb:Ls instr\1D1ent, so that sucb purchasers
sball ~ve the right to take water i~om the water sysr.em described
above, dn the following terms and conditions, to-wit:
1. Beneficiaries. Every owner of a residential lot in
the Subdivision. and. upon the recording of a certificate by the
owner of the lot adjacent to Lots numbe:r:ed Eight (6), Nine (9), Ten
(10). TJelve (12), Thirteen (13) and TWenty-tbree (23) of the Subdi-
vision and/or the owner of ~he let adjacent to Lots numbered One (1).
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'rUO (2) ,I Four (4). Five (5) and TwenCY-five (2:)) of the Subdivision
to the eiffect. that such a lot shall be added to ~be wat:e~ systeM,
eacl1 ownier of such lots shall be the beneficial o~er of an undivided
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AUG-3Ø-2007 10:01A FROM:LITERSKI RDGACZEWSKI 4143219905
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06/12/2007 !UB ~l: 46 PAX 41. 427 1720 Buainoss Lending Service
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incere$t in and to th6 water system, 4S that beneficial ownership is
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described and 11m11:ed herein. Such beneficial otmersh1p sha.ll termi-
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nate upon any such person ceasi.ng to be s1.:.ch owner.
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include:!
"()mer" shall
(a) The bolder of the recoxd fee title to such a lot,
unless such holder is a vendor und~ a recorded land contract,
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(b) The vendee under a, recorded land contract.
Where ~~ or more persons are joinc owners or co-owners of a lot,
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the beneficial ownership of the undivided interast in the water"
system with respect to such lot shall be joint. The beneficiaries
of this Trust may be extended pursuant to the provisions of Para-
gr~ph Etghteen (181 balow.
2. Inspection and' Xeøairing. The Trustee her.einafter
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referred to shall have the right: to cnter upon any portiQn of the
pre~~s~s c:~~rying tbe -ëiter pipes~ mains and laterals of the .water
system ~or the ~pose of making an ~nspect1on, repairs, upkeep and
any oth~ purpose Which may be incidental or necessary to the main-
ta1n.j,ng ,of the wa.~er system.
I 3. connection to' Syst'em. Ea.ch lot owner shall connect to
water laterals of 'the water system for the purpose of s\1t>plying water
to such building lot in such manner as lß8.y be directed ?y th~ ,TrU81:ee
or tbe Plumbing Inspector of the Ci1:y of Musk.ego. Afr.er connection
wi1:h the. system, he shall be obliga.ted to make the payman~ provided
in faragraph Fiw (5) 4
I 4. Other Wells Prohibited. No ownet' of any lot within
..J t1\a Subdiv:hion or otherwise subject to the provisions of this
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f=UG-3{1I-2ØØ7 10:01A FROM:LITERSKI ROGACZEWSKI 414321913Ø5
06/12/2001 TUB 11: 41 PAl 414 421 3720 luBin.sa LeDdin, Service
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DeClarajOn of Wa1:cr Trust shall seP4rate~. ~r~vide or cU~ any well
for supglyinq wat&~ upon a.ny portion of such lot or the premises of
the Subqivi~ion.
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s. Charges. Each owner of any sing-Ie family residential
lot@ connected to thè water system shall pay to the TrJstee the
sum of S,ix and 001100 ($6.00) Dollars per month for water usad,
and eact\ o,~-n.J: of 4ny two-family residential lot connected to the
water system shAll P4Y to the 'J.'rnstee the sum o1! '!'"ilelve 41'14 00/100 I
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(~12 .00) Dcll~s per month for water used, sUbject to ~1e ~evisions
providei~ hereinaf~er, w~ich moneys shall be used tor the repair,
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maintenanoe, replaQQ!Q8nt, taxes (:reoJ. and personaJ.), insurance,
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auditinq expense, and any and all other expenses incidental to the
ope.rat.io~ and Qaintenance of the water sys'tem. Such monthly c11a~9'e
5hall be billed quarter ly in advance based on the calendar quarter.
tfhere a house is under constructJ.on, such charge shall coømence
sixty (1i0) days after the. issuance of 'the building pemit. Sub j act
to approval by a !:\ajorit:y vote of owners, as hereinafter de.fineå,
the Trustee aball, when necessary, adj ust the above lIonthly charges
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80 as to'l Assure sufficient funds to cover all expenses of op9.l'ation
and to establish an adequate reserve for replaceraents; provided,
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however, 'that the monthly charge for each two-faJtÚ.ly lot ahall be
twice the mont.hly charge for each sinqle family lot.
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.. RightS of Use. The o,mer of each lot sUbjøel: to the 6.
provisions of this Declaration of NateX' Trust shall have the rlght
to free and unobst~ucted access to said ~ter systeml subject to the
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AUG- 30-2007 10: 01A FROM: LITERSKI ROGACZEWSKI 4143219905
'r- 06/12/2007 TUB tl: 48 PAX 411 427 37:~_~~.!!!.~~ding Service
: I Jun 12 07O6:10a
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same right as the owners of each of the other lots, to the end. that
all of 94id owners may dTaw water from said system as herein provided.
Tll;G wa.ttr system shall be for domt!stic use only. The City of Muskego
or any uc~essor municipality having jurisdiction shall rßve the right I .
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to draw!water from 't11e water systelãJ throu2h the fire hydrants pTovided
therefo:r for fire fighting purpos~s witbout charge to Buch municipality.
7.
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Rules and Re~lation~. Eacb o\mer of a lot shall be
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bound b:J' the rules altd regulations rolating to the use of the wa'cer
system as måy be proculga,ted by 1:he Trustee 4nd approved by a majoricy
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vote of the owners as bereinafter provided.
8. Default. In the e'Vent that any owner shall fail to pay I
charges: levied for the r~intenance and upkeep of the water system,
then uFln f~'y,~ .~S) days notice the water service to the lot: may, at
the option of t:he '1'ruscee, Þe discontinued, and for this purpose the
T:r:ustee is e~owered upon failure of payment of such cha~ges 'Co dis-
connect 'and sever any lot from the w.ter system. Such service shall
~~ reinstated ~pon payment of all charges in arrears. together with
the cost! of di~CO1\nect~g and cOE111ecting the service.
9. Election. Duties and Compensation of TrU9tee. Å Trus tee
shall be elected by a V.ajority Vote of OWners -~t eacl\ Annual Heecing
of O\rneds. for the purpose of managing and oparating the water system.
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The T:rustee shall have the right to operAte and manage the water
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system Jtd shall collect from the owner of each lot connect:ed to the
~"'ater system the charges J:equired to be pai.d as hereinabove provided,
~ and shall keep said water system in good repair to the extent possible
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t=UG-3Ø-2ØØ7 10:Ø2A FROM:LITERSKI ROGACZEWSKI 41432199ØS I" ..__~6/}~~~o.?-.~t~-~~~ ~~_? 372~lD~~eDd.1t1! Service
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with the f\:nds so provided. ! The Trustee shall be ent.11::1ed to X'(!ceive
compensation at: the rate 0:: ~ Hunc1red and 00/100 ($200.00) Dollars
Fe: mon~h, or at such other rAte as may be agreed 1:0 by a Majority
Vote of 'OWners. The Trustee-elect shall first qualify himself by
tiling 1 bO;1d in the amòunt Qf Ten Tbousanc1 and 00/100 ($10.000.00)
Dolarsr: which bond shall run for 'the term of his office and shall t
be kept Iwith the books anå recotå's of the "l::1tcr system. 'Ibe Q~pense
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of such ,bond shall be deen.ed a. proper oper~ti.ng expense of the "'Ater
SYZ5tem. Upon gua.lify1ng, the new Trustee shall receivo fro~ the
reti.:ing Trustee all books and rec:orC!.s ot the _tax systeT:'l, togCJther
~ith a.U funds on hand, and t:he new TrUstee shall have the I\\m'H\genent
and operatior. of the '.Jater system for the ensuing year, or until his
successc;r is c;lul1 appoi."\ted and qualified. '!be first eloction shall
take plaICe at the first Annual Heating for ~e year 1980, and until I
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~hen, STANL2~ J. PO~Y~US sb&ll be thø ~ru&tee. An a~propri.~e
instrumE!f\t shall be recorded in the office of the Register of Deeds
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for Waukesha county, Nisc:onsin, by 't:he acting Trus1=ee t.o 1nðica te
his election and appointment, if, as and when the occasion arises.
Notwit:bstanding the foreqoinq, STANLEY J. POTRYI<US, the first T.J:'ustee
herein named, &q:teraa to act as such TrUstee! withc;>ut cOq1ensat1o:1
until t.~av 31. 1981. Subjec1: to the approval of a llajority vote of
owners,t.he Trustee shall promulgate rules and regulations relating -.-. I
to the u...a of water supplied by the watex- system, ana, \men n~cessary.
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adjust tbe paymen~ provided for in Para~ra~b ~ive (5) above, 50 as
to nssur~ sufficiellt funds to cover all ex!?cnscs of oporðtion of
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AlJG-30-2007 10:Ø2A FROM:LITERSKI ROGACZEWSKI 41432199Ø5
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06l_~2/2007 _~I ~1:._~~-_!~~~~!.272..!.~:n_e.!!~~~1D' Service
1 Jun 12 07 06:108 I
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the wate.r system and to es1:ablish an adequate reserve for replace- I
ments. ;
10 - Accounts. The fl'rustee shall keep true and correct
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accounts of all income .and expenses, which books of account $hall
be subj~t to the inspection of any of the 101: owners at reasonnble
times after :easonable no~ice.
I 11. Death or Resigna~ion of ~rustoe. In the event of the
death ok resiqnation of the Trustee, a. Special M8Gting of alL of the
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owners of the lots shall be called by any such lot owner, and a
successor Trustee shall be elect.t!d at such Special Meeting by a
Najority Vote of OWners. The successor Trustee elected thereat
shall serve until the next regular election.
) The Trustee may be removed by an 12. Removal of TrUStee.
affirmative vote of O~nlers of a cajori~ of all of the lots subj ect
to this iceclar~tion o~ Water Trust, for any ca~se, a~ a S?Ðcial
lo!eeting icalled for that purpose.
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by any Juch owners hl\ving a total of at; leas'.:. one-t.hird (1/3) of the
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votes t]:at would be enUtlec:1 to vote at su.ch meeting-
S~1d special Meeting may be called
13. voting Rights. At each Annual Meetin~ and at any
duly caJ:led Special t.aeet.1ng, 'the o'tner of each single family lot
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shall l.~ve one (1) vote for each such lot, and the o",nør of each
'b.'O-fall'.ily lot shall have twO (2) votes for each such lot. Wl1 ere
two or 1':'.0:013 nersons are joint o",ners or co-owners of a lot, such
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cwners Shall execute and deliver to the Trustee a certificntß
design8~n9 one person as being Authorized to vote with respect
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~-3Ø-2æ7 112J:12J3A FR(J1:LlTERSKI ROGACZEWSKI 4143219912J5
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Jun 12 01 æ:1Oø i
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( to such ~ot, failinq whic~ any voti.\9 r19'l1ts othe:rwis8 existinq
with I;'eiect 1:0 such lot shall not: be vOted. OWners hQlding in
the ag9re~ate one-third (1/3) of all votes ent:itl~ to be cast,
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~hether ~erSON\llY present OJ: r.~esen1:ad by proxy, Shı11l conøt:l.tu1:e
ð quorwn ,at ~ Meeting of' owners. A majority of all votes entitled
~o be ca~t and personally ~esent or reprÐsantød by proxy at a
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meet.ing at which A q\aOX"\U'CI is prese'nt shall be! necossary for the
aC!option 0:: any ma.tter voted upon by the owners. except. as specific-
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ally pro~iC1Qd in Paragra.ph 1'Welve (12) above. tihoneve.r used 1n this
ceclarat~on of Water Trust, the tøxm -Majority Vote of owners" shall
be Under~'l:Ood to refer to such vote necessary ~or aðoptlon of any
,
D"Atter to bta voted. upon :by th~ ~'!I1.rs, except as specifically pro-
vicleC: in IE' ar àgriaph 'l'We.l ve (12) above.
i
I 14 . Annual Meetings aod Sp:c1a'1 l(eetinqs.
.
(a) The Annual Heeting of O\'lt1ftr9 shall bI: held on.
the !first Monday of April of eac:h yeu at ::1 l)laco ir. Waukesh.a
county, Wisconsin, designated by the Trustee and r8Ð50nably
com1eniant for the transact.ion of business. I (b). Speoial Kee't:ings of the owner~ ~ay bCl called
I
by the Trustee or by owners having one-third (1/3) of the
. ~-'-'" - ....-.---
vo't:a~ entitled to be oast a1: such mee't:in9.
( c) written notice stating ~~e ~lace, date, and
hour of any meetin<J, a.nd in the case of a Special l~aet1nq,
ì
,
the purpose or purposes for which such meeting is called,
shall be qiven not less than ten (10) nor more than fifty
-8-
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TO: 12626795630 P. 13/25
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p.11
AUG- 30-2007 10: 03A FROM: LlTERSKI ROGACZEWSKI 4143219905
1 0&/12/2007 !UB fl. 51 PAX 414 421 3720 lualaeïl Leading Service ~ ~1207~~~.'
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(SO) days before the da~e of such ~eeting. either p~sonally
or 1?Y mail, by or at the direct1on of the Trustee for the
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owner or owners calling the meecing, co each owner of 4 10 t
SUbJect to thi9 Declarati.on of Ya.ter Trust as shown on the
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reco%'ds of the water system. If mailed, such not.ice sball
, .
be 4eemed to be given when deposited in the United States
r,Jai~ addressed to the owner at his address as it appears on
I
sucb records with postage thereon prepa1d.
(d) i.'totice of Ilny meed.1'1~ may be waived in writing
by all of the owners encic1ed to vote thereat, either before
or after such meeting.
! 13. Court Jurisdiction. The Circuit Court of Waukesha
I
County. 1;1sconsin. shall have jur1sdiction over this trust. and
I
the O"""11~ of any lot; or the Trustee may apply to
petition
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for ins.t:t"'~c1:ion$ relating 1:0 this trust
sa:l.d court: by
or any matt$]: in
connectiòn with the. opera.tion of said water system.
I
~ 16. I SDrinklin~ R~gulations, ~8 TrustQe may pro~lgate
such :sprinkling regulations as are deerAed advisable, but no such
"
regulations shall b~ contr~ry ~C? any spr1nl<ling regulations which
may be piomulgated by the Conmon Council of tha City of Mus:k~go.
Additio~l regulations may be promulg& ted by the Trustee wbich are
not in cbnflicc wich any action of the said Common Council. Each
Ot..U81: of;a lot shall be bound by the rules and regulat:Lons relating
I
to the use of the water system as r44}1 be established by the Trustee
and approved by a 1-Ia.jority Vote of Owners at the Annual 1.1eeting beld
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1=IUG-3Ø-2æ7 10:Ø3A FRCI'1:LITERSKI ROGACZEWSKI 41432199Ø5
! 06/12/20~7._:~:~._~~~_427 3720 Dub.... LeDcUa.g Service
.!un 12 07 06:11.
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TO: 12626795630 P.14"25 ,
IjDOU/O23
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by the Trust, as provided for herein.
17.
(á)
Termination . This Trust shall ter11linate as follows:
When this water system is ta.ken over by either 8
&overn~nt&l authcricy or a public utility (reiula=ed and controlled
as to rates and services by & duly constituted public regulatory body
I
or co~~ss1on) for maintaince and 'operation. In sud\ event, tbe
Trustee ~sball transfer all it\terest in and' to this Asrcemcmt and
Declaration of VAter Trust to such governmental authority or suc~,
public utility, together wi.t~ all right, title and interest of the
Trustee in and to the said well and water system, and together w~th
all of i,cs appurtenances thereto.
(b) \oJb.en municipal wa~er sßrvice is provided either by
) a {;overnmental autbority or by a public: ucility (regulated and
controllred as to rates and services by a duly constituted public
,
regulatc~Y body or commission) through means Other than tnrough
i
water d~awn from the we.lls of tha vater syseem.
. (c) 111 the event the water system 1s, in its ent1recy,
at the option of the City of Mua1<.e3o~ connected to or incegra'ted
wich any; municipal. int:ermun1cipal or 1ne'Cropo11tan system which may
herufter be established by the City of J.2uskego, either alone or in
co-operal:1on with other mun1clpa1it~e8 or any 8tatutory water dist:r:ict,
then such connection and1ntegration shall be made without t:he award-
1ng of aþ.y damages or the payment of any sum in consequence thereof
by the s.ià City. wacer district and/or D\unicipality and any cash
reserves' and proceeds realized from tbe disposition of assets not
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AUG-3Ø-2007 10:Ø4A FROM:UTERSKI ROGACZEWSKI 4143219905 TO: 1262679563Ø
~ 06/1Z12007 TUB Jlt'3 FAX 414 421 3720 Bus1D8S. LeD~IDq Service
1.- Jun 12 07 06:11a I
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..... req...;rl ,
-... ~ 'Co effectuate such connecti.on and integr4t:1on sl~ll be
distributed to the lot owners as hereinafter provided.
P. 15/25
1G0141 ÐZ3
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(Ii) In any such event, the Trustee shall transfer all
interest in and to tbe mains, hydrants and other component pa1:ts
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of the .distribution system to such governmental authori~ or to
such pupl1c utility 01: to such City t water district and lor munici-
pality ~nd the remaining assets, 'co~sLsting principally of the wells,
pumps, rump house, s~ora88 tank, controls, etc.. shall be SOld. and
convert:Fd into cash.
r .
I (e) Upon che happening of the condic10ns set forch 1n
(b) hereof, any and all easements granted herein shall cease and
cerm1nate. "l'he assets in the hands of the 'rrustcee shall be liqu1-
) dated and disposeè. of according to the teTDlS hereof.
(f) lhat upon termination of this TrustJ any ca::lh reserves
derived frOm water charges shall be divided proportionately among the
then owners of lots improved with dw.alliugs which are connected to
the! watþr system.
(g) That upon termination of this Trust, any cash deri~
from tI'Ir sale of the water system. assets shall be divided proportion-
4tely anLons tha owners of 101:e subject to this Dec.lars.d.on of Wa.te~
'trust (whether connected to the water system or not) in proportion
to tbe number of dwelling units zoned for the 101:9 owned by such
owners.
18. Ext:ens1onof Wa.t~r Syste.-n.. So long a.s tMs '!:rust
>
shall be in existence, the undersigned does by these presents
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ÇUG-3Ø-2ØØ7 1B:Ø4A, FRCJ1:LITERSKI ROGACZEWSKI 41432199B5 TO: 1262679563Ø
1 06/12/2007 7UB '1: 5. PAX.U 421 3120 Buine.. Lending ser~~._.-
Jun 12 07 06:118 I
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reserve !tha right. to add water servi~a. upon. tha same terms and
condiC:l+S and r~gu1ations as are herein conta1ned to the certain
lands s4tuaied in the City of Muskego~ County of Waukesha and S:ate
of WiscOnsin, and being described g~ner&lly as follows) to-wit:
,
j Unplatted lands lying East of ~b.. Subdivision and
adjacent to Lots numbered 178 thru 194 inclusive
I of the Subdivision, or such other lands conciguous
1:0 the Subdivision or 1,n the 1:nmed1a.tca vicinity
thereof t whether owned by'the undcrsignod or others.
IÞrovided, however, chat the well capaci 1:y shall so permit
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and that such a.dc1:i.tional wa.ter service shall be in complianc.e with
the req",irements of the S't.ate :Soard of Health of the State of
Wisc.ons~.
~ In Bu~h event the undersigned shall e2C.ecute, in recordable
) .;o:rm, a. :certificat'e to such effect. 'l11ereupon, any lots pla.tted
upon the lands herembefore desçribed sba,1l becotH part of chis
.
.
Trust Agreement in the same manner and effect as though said -lands
'\oJeJ;e included in Exhibit trA" at the execution hereof.
.
.
.
Not:withstal1ding any otber part of this section. at che
time th4 above described land 1s connected to this water system,
all cos~s incurred in connecting to th1s system, shall be borne by
the own4rs of the last described land.
19. . Amendments. This agreem<mt may be a~8nded at a
I
S?8cial Meet:Lng called for such purpose by 1;be aff1:rma1;ive vote. of
owners of two-thiyds (2/3) of lots subjecc to this Decls.ation of
Wate-r T~8t; provided~ however, that any such amendmen1; shall also
~ be approved by the City of }!uskego. Said nec c-inS may be called by
-12-
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TO: 12626795630 P.17/25
aO16/023
p.16
A~-3Ø-2ØØ7 10: 04A FROM: LITERSKI ROGACZEWSKI 4143219905
J U6/12(2001 ~UB 1t 55 PAX 414 427 3720 Buaineas ~_~~Dg ~~~v1ce
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~ JurI 1207 06:118
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a Trustee or the owners of not less than se.venty (70) such lots
upon ceq (lO) days wr1tten notice by Certified Wail, Return Receipt
Request~d, to all incexesteà paTties. I
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1 PROVIDHD. RO~'VER. that in no event shall thi' Declaration
of Wate Trust be &lnendåd so as to mOdify :E'a:ragrBp:18 Six (6) anc\
Eightee <~8~_~ereof.
I 'nle foregoing shall be consttued as covon:1nts running ",ith
the land 4L1d shall be inserted by refe-rence in all deeds conve~ng
any part of the lands described. aud upon such conveyances it shall
be dean~Q to create easements in the land affected thoreby. and shall
. .. .. ,
inure cd the benefi~ of the present owners and their respective ëe1rs,
personal representatives, administrators, successors and assigns.
I
present~ to be executed this
I~ TrtE ~ESENCE OF:
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2~';, '/>j: ."
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) Ia WITNBSS WHEREOF. the ~ersigned has caused chese
. " ..~-
,:..- day of , ,
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~ .."'~.I , 1979.
. ~~.
. ,r"",..... C ~. .- .,;":;' ~. .
s,;, ey ~ Potryku.s
S'l"A'l'E OF WI5COtlSIN
COUNTY OfF HILHA UKEE
)
)
)
58
j Personally came befoJ:'e me, chis ../'10'" day of /J Ì,.I "
1979. I;he above named STAl\-u:Y J. POTRnUS. to me known to be ,the who eXec~1:ed t.he foregoing instrument and acknol,;111edged the same.
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pers on
Al~;~.~:~~~ ..~. Ii." ,..
Notatý Public, State of Wisconsin
My cormnission ex~res March 29. 1981
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t=UG-3Ø-20Ø7 10:ØSA FROM:LITERSKI ROGACZEWSKI 41432199Ø5 1
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TO: 1262679563Ø
05/12/2007 rul 11: 56 PAX 414 427 3720 Bu81Dei. LeDd1D Service
Jun 12 07 06:11.
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J\CCJ!:P"$NC:E: OF TRUST
P. 18/25'
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.
The undersigned does hereby oonsent: to aot a8 the Trust:ee
I
desiqnayeèl in the foregoing Declaration ot: Water Trust a.nd L"\
accordance with the terms and condit.ions thereof.
Î
IN 'rIm PRESENCE OF:
:1) -.., v?1-iY .<:.'..~v~
Gaxy Z ony1
.';, (' /~., ,~~_. ~
S1:anley J --.~
l'ptrykUS
,
This instrument was drafted by Robert A. ',røpGr ~nd Armin K. Taus of Herz, Levin, 'l'epGr, Chernof , Sumnu, S.C.
)
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r:tJG- 30-2007 10: ØSA FROM: LITERSKI ROGACZEWSKI 4143219905
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05/12/Z007 %OB 11: 5& PAX 411 4Z7 37Z0 DUILneis Lendinq Service
TO: 12626795630
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Jun 12 07 06:128 I
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EXHIBIT II A"
%ARE HEADOWS, being a SuMivision of a part of the
Northeast o.ne-:.quArter (1/4) and Sou1:heaS1: One-
I quarter (1/4) of Sectiol\ Thirty-one (31), Township
Five (5) iolorth, Ra.n98 '1\'Ienty (20) East, in th.e city
of MUskego, County of Waukesha, State of Wisconsin,
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I according- to the .Final Plat. thereo% recorded in the
i Office of the Reqlster of Deeds, Waukesh4 Comty,
r. i W~scons n, on April 25, 1979, at 9;~3 A.M., Vol~e
, ISI. of Plats, Pages 90 - 93 inclusive, as Document
NO. 1008300.
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I=UG- 3Ø-2ØØ7 10: 0SA FRO"I: LITERSKI ROGACZEWSKI 41432199Ø5 . I 1,
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0&112/2001-=:111 .!..~-~~_._!U..~~ 421 3720 Bul1ness Lerul1ft, SerY1ce
Jun 12 07 08:12a I
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TO: 1262679563Ø
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AL:JG-3Ø-2007 10: Ø6A FROM: LITERSKI ROGACZEWSKI 4143219905 ~I ----.!~~-~f~: 57 PAZ 414 t27 3720 Business LendJ.l2g Service
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TO: 12626795630 P.21/25
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"i Bxhibit "C.
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Pt..JG- 30-2007 HI: Ø6A FROM: LITERSKI ROGACZEWSKI 41432199ØS
. I
. 06/12/2001 !O! 11: 58 PAX 414 427 3720 Business. LeDdiDq Service
-----'-- Jun 12 07 06:12a I
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TO: 1262679563Ø
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AHENDKBNT TO I~ MEADOWS DECLARAXION OF WATER. 'fRUST
THIS AHEBtIICIIfr TO LAKE HJW)()VS DBCUlATION 07 WATER.
nUS'l, made this ~,~ day of A..,,'~~ , 1979. by the undera:igned, Stanley J. PotrykUs; .' ,
. --.".
WITNESSETH I
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ýad.er date of Hay 2, 1979.tha undersigned. Stanley J. Potryku8, executed a written Dec1Àratioft of Water Trust,' which DeClaraTion of Water Trv.8t was recorded Hay 15, 1979 in the office f the Register of Deeds, Waukesha County f Wisconsin r
in keel 3S7, Images 628 to 644. inclusive.. a8 DoCUlUDt Number 1090792.. 'lbe undersigned is now desirous of amending such
Declarat1on of Water Trust as bereinafter ..t fo-rtb. The
amendmcmts hereinafter oet forth shall haw the Salle force and
effect .. if originally set fort:h in such Declaracioft of Water
Trust.
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The word "not" in the s8cond line of Section S of such
Declara~iou of Water Trust: 18 hereby deleted.
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~hib1t tlAu to such Declaration. of Water Trusc is amand8dt'bY adding thereto the followtng:
. e following property 811411 also be .ubj ect to
hi. Declaration of Water rrusta
i .
take Head.ows Addition No. 1, being a 8ub-
diviølon of a part of the Dortheast. one
quarter (1/4) of Sectt~ Thtrcy-One (31)
Townshtp Ftve (5) North. Range !'wene,. (20)
last, in the City 0 f Muskego, Waukesha
County, Wuconsin I all a.ccorc!1ø~ to the
Fiaal Plat thereof recorded tn che office' of the Regia tar of Deed., Waukesha County,
Wisconsin, on July 2S 0' 1979, in Volume
44 of Plats on Page 116, as Document.
Øumber 1100194."
hereby
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A~-30-2007 10:06A FROM:LITERSKI ROGACZEWSKI 4143219905
~i 06/12/2007 rUB 111 S9 PAX 414 421 3720 Business Lending Service
Jun 120706:138 I
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TO: 12626795630 P.23/25
1lJ022/023
p.21 --- --.~-
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~N WITNESS WHEREOF the unders1gned has executed this inst:rwr~-at on the date first written above.
I
Stan~~
I
STATE OF WISCONSIN)
) 55
MILWAUKBB COUNtY) I
I .
rersonal1y came before me' this { é. day Of~~ , 1979, tbe above..named Stanley J. Potrykus 1:0 Iiiã kl1~ to e t individual descr1ba4 1n ad who executed the foregoing last nt, and acknowledged to me that he executed the same.
4~ ßd-d.W~
t PUblic, State o~W1scons1n
My comm1uion expires MBfch T~" 1991
~CKNOWLEDGEMENT AND CONSENT OF TRUSTEE
THE UNDERSIGNED. as the næaed Trustee in such Declaration of Wate:r Trust, hereby acknowledges and con.eats to the foregoing modifications and amendment to such Declaration of "'at.ar ~ual:.
ø-~ útãñf"e;;-. )010:'. -
IN THE lUSEHCE OF.
oj
THE UNDERSIGNED, Pirst Bank (N.t.).. as Mortgagee of the
property subiect co the aforesaid Declaration of Water Trust, as
herein IIOd1f ed and amended, herebI acknowledges and consents to such Lake Meadows Declaration of Wa~er Trust as ere1nafter modifie1 and amended.
-19-
TO: 1262679S63Ø P.24/25' .
1023/023
p.22 I
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~-3Ø-2ØØ7 1B:B7A FROM:LITERSKI ROGACZEWSKI 41432199B5
05/12/Z001 fUB tZ: 00 'AX 414 421 3120 Business Lendin, Service
.bI 12 07 08:138
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STATE OF WISCONSnJ )
) 55
HILWAUICE! COUNTY )
.
me this (,~da of . 1979,
as . - , And
0 st . A. ) ,
ns ecuted the foregoing in8cru-
same.
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Drafted by:
.Armin K. 1:&118 t Eaq r
Herz, Levin, Teper,
Chernof & S1Dn8r, S.C. 777 last WISCODSiD Avenue
H11wauk~e, Wi.ConRD 53202
I
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. A!JG-3Ø-2ØØ7 10: 07A FROM: LITERSKI ROGACZEWSKI 4143219905 TO: 12626795630 P.25/25
. Borrowing Resolution and Proposal to
Amend Lake Meadows Declaration of Water Trust
Whereas the Lake Meadows Declaration of Water Trost (hereinafter referred to as
"Water Trust") was originally created on May 2nd, 1979 and amended on August 6th,
1979, and
Whereas the Lake Meadows Declaration.ofWater Trost as amended does not
provide the authority for the trustee to borrow funds on behalf of the Water Trust, and
Whereas the Wat~ Trost cunent1y does not possess adequate cash reserves to pay
for the necessary repairs and replacement of well equipment currently required at this
time.
Amendment to Water Trust
Be it resolved, that the "Water Trust" referred to above be amended to grant the
trustee or trustee's the authority, now and in the future, to borrow funds, as the trustee or
trustee's deem necessary, in amounts and on terms and conditions as the trustee or
tnJStee's deem appropriate for the purpose of maintaining the wells ~ related
equipment in proper working order so that adequate water supplies can be furnished to
the members of the Lake Meadows Water Trust.
.
Waiver of Notiee and Meeting Requirement to Amend Trust
The undersigned by their signature hereon waives the ten-day notice of specÌal
meeting and the special meeting requirement, which would otherwise be necessary in the
ordinary course of business to amend the Lake Meadows Declaration of Water Trust.
This waiver is limited and applies only to the proposed amendment to grant borrowing
power to the trustee of the Water Trust as stated above.
Specific Borrowing Resolution
Be it resolved that Randall St. Lawrence, as Trustee of the Lake Meadows
Declaration of Water Trust, is authorized to borrow up to $200,000.00 upon terms and
conditions as the trustee determines to be appropriate and further that the trustee. Randall
St Lawrence is authorized to sign all loan d<>eumentation necessary to effectuate said
loan on behalf of the Lake MeadoWs Water Trost.
It . by ~y signature hereon, vote YES to the Proposed Amendment
Name (Printe)
stated above, and also vote YES to the specific borrowing resolution also stated above.
My signature also constitutes a waiver of the notice and special meeting requirement
necessary to amend the Lake Meadows Declaration of Water Trust
(Date) Signature of Lot Owner
Address & Lot No. ifknown
.