Loading...
CCR2007221. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #221-2007 CONSIDERATION OF AGREEMENT TO RESOLVE THE LUCHT MATTER BE IT RESOLVED That the Common Council of the City of Muskego does hereby authorize the settlement of the matter of Richard Lucht vs. the City of Muskego and the payment of $70,000 towards the resolution of said matter. DATED THIS 13TH DAY OF NOVEMBER, 2007. SPONSORED BY: Mayor John R. Johnson This is to certify that this is a true and accurate copy of Resolution #221-2007 which was adopted by the Common Council of the City of Muskego. 11/07jmb . . . POST MEDIA nON AGREEMENT I , In the matter of WtJ I J<Jt!JÝY;a - p( Dðði v'~ 7"1 J nJEPA~Tm-uj~'~~ .... Having s itted the facts and issues to the mutuaHy agreed upon medIator, Patrick L. Snyder, have fully and completely resolved this dispute as follows: SHALL P^ Y ~) ..l- inclusive of all costs, disbursements, and attorney fees fOf damages, whether compensatory, liquidated and/or punitive. That no party to this agreement shall at any time hereinafter make any claims against the other, institute any lawsuit against the other, or make any demands for payment from the other for any alleged reason or causes arising out of the facts or issues of the matter herein. Each party releases the other from any and all claims and/or liability arising from this mallcr. That this agreement is final and binding upon any and all parties. as well as their heirs, successors and assigns, to this matter is enforceable in any Court of law of general jurisdiction. Dated this -~ __,2092. '-- - ( , ~~ . ~- .~TTORNEYS -~-'-. ~ELLO . CARLSON~ , /./ .~--- --- -'-...., EST: 9 4 .5 .--.--,,_._---~ January 28, 2008 VIA US MAIL Jennifer Sheiffer, City Administrator City of Muskego W182 S8200 Racine Avenue P.O. Box 749 Muskego, Wisconsin 53150-0749 Re: Richard Lucht v. City of Muskego Our File No. 2086-0500856 - ~12c ~/V~ J4N 2 C 9 //1" fry <. Vf..iJ Of: IvJUS/f, I2Go Dear Ms. Sheiffer: . This case has presented substantial challenges both legally and factually since we first opened our file on this matter in September of 2005. Through the use of legal arguments and expert testimony, we were able to significantly reduce the nature and scope of Mr. Lucht's claims. In addition, the assistance of YOllr staff in locating documents and information from the past 30 years were critical elements in those negotiations. I wanted to take this opportunity to thank you and the City staff for their assistance in this regard. With this letter we are now closing our file on this case. Through earlier correspondence you have received all explanations on the grounds that led to the negotiated settlement. With this letter, I enclose the Order for Dismissal entered by Judge Boran on December 28,2007, the Full Settlement and Final Release endorsed by Mr. Lucht and his attorney on December 27,2007, the Easement which was recorded in the Register of Deeds Office on December 28, 2007 and the Subordination Agreement which was filed with the Register of Deeds Office on January 16, 2008. With these documents, our work on behalf of the City has come to a conclusion. Mr. Steven Galante, Claim # WI8 119867 (via email) . Excellence, Consistency, Integrity -._- MILWAUKEE: 710 North Plankinton Avenue Suite 500 Milwaukee. Wisconsin 53203 Phone: (414) 271-7722 Fax: (414) 271-4438 HOUSTON: 2425 West Loop South Suite 885 Houston. Texas 77027 Phone: (713) 961-0936 Fax: (713) 960-9690 www.crivellocarlson.com . . . FULL SETTLEMENT AND FINAL RELEASE OF ALL CLAIMS Richard Lucht for good and valuable consideration including the payment of one hundred thousand ($100,000), the receipt of which is hereby acknowledged, in exchange for providing the City of Muskego an irrevocable 20 foot stonn sewer/drainage Easement on his property, does hereby forever release and discharge the City of Muskego (hereafter referred to as the released parties) from any and all claims and causes of action, in any way arising out of or related to the installation of the 6 foot sewer/drainage pipe on his property which were pled or could have been pled in Waukesha County Court case number 05-CY-2771. This Release by Richard Lucht is also made for and binding upon my heirs, successors and assigns. By this agreement any liability of subsidiaries, parent corporations, insurers, predecessors, successors, officers, directors, agents or employees of City of Muskego are also released and discharged. Further, any other persons or entities who are or might be liable, even though their identity or involvement in the accident may not be presently known, are fully released and discharged. This Release fully extinguishes all claims and causes of action as more fully set forth in Waukesha County Court Case No. 05-CY-2771, including but not limited to those for: compensatory damages, punitive damages, costs and fees, attorneys' fees, and statutory damage awards. In making this Release, all rights to bring any other claims against anyone are fully extinguished since full compensation for all damages has been paid. It is understood that the money paid for this unqualified Release is received as a full satisfaction for all known and unknown damages arising out of the installation of the 6 foot sewer/drainage pipe. It is understood and agreed that this settlement is a full compromise of a disputed claim, and this settlement, or the payment of money, is not to be construed as an admission . . . of liability by the released parties. It is recognized that the released parties deny that they are liable for the claimed damages. With full knowledge and understanding of the contents of this Release, Richard Lucht voluntarily enters into this settlement and does so without having relied on any statement or representation by the released parties, their representatives, or anyone retained by them. Richard Lucht represents that no portion of this claim has been assigned to anyone else and that no other person or entity has any legal right to pursue this claim or share in the proceeds of the settlement. In making this representation Richard Lucht agrees to indemnify the released parties for any money they may have to pay to any other person or entity asserting any claim arising out of or related to any injuries or damages incurred, including any claims based upon subrogation, derivation or assignment. Also, Richard Lucht will indemnify the released parties for any expenses incurred in defending such claims. Richard Lucht understands that in making this Release he will have no right to make a claim against anyone, including the parties released, for more' money even if he later becomes dissatisfied with this settlement for any reason whatsoever. The statements in this Full Settlement and Final Release are contractual terms, and are not mere recitals. Any questions concerning this Release shall be determined and governed by the terms of this Release and the law of the State of Wisconsin. 2 . . . I have read this Release, which consists of three pages, and understand that it is a full and complete compromise and full settlement of all claims for which I have been fully compensated. Dated this ;)1 day of )) Ce~ ~e0007. CONSENT OF ATTORNEY: Q<:lI.~~ß L-~ RICHARD LUCHT As attorney for Richard Lucht, I have reviewed the tenns of this settlement with him. I consent to this settlement as required by Wisconsin Statute Sec. 757.38. 3 . . . ..t ~v. f ST ATE OF WISCONSIN CIRCUIT COURT WAUKESHA COUNTY RICHARD LUCHT, FILED IN CIRCUIT COURT DEC 282007 WAUKESHA CO. WI CIVIL DIVISION c) -"," ',', - ê' C,=' ~", \r -,~~ ~~' ", . fj 3 .,""',. - ,- - ,': d',j \. . ,. ) Plaintiff, CITY OF MUSKEGO, Case No.: 05CV2771 Case Code: 3020 1 ~ c::: m -- v. . . Defendant. f'J c::> '- - " -- --0 :::;;; --. ,-, STIPULATION AND ORDER FOR DISMISSAL 1".) .:t: ç" c:; c + >.,) IT IS HEREBY STIPULATED by and between the parties to the above-entitled action, through their respective attorneys, the plaintiff Richard Lucht, through his attorney, Jacob A. Schwei of Schwei & Wendt, S.c., and defendant City of Muskego, through its attorney, Raymond J. Pollen of Crivello Carlson, S.c., that any and all claims against the defendant City of Muskego, and its officials, agents and employees, which have been or could have been brought in this action shall be dismissed with prejudice and without costs, fees and disbursements. SCHWEI & WENDT, S.C. Attorneys for plaintiff, Richard L Dated: }J-J)-O} BY: . . . ... CRIVELLO CARLSON, S.c. Attorneys for defendant, Cit of Muskego Dated: I ).. - )-7-0 1 BY: RAYM J. POLLEN State Bar No.1 000036 AMY J.DOYLE State Bar No. 1001333 ORDER On reading and filing the foregoing Stipulation, IT IS HEREBY ORDERED that any and all claims against the defendant, City of Muskego, and its officials, agents and employees, which have been or could have been brought in this action shall be dismissed with prejudice and without costs, fees and disbursements. Dated this ~f day of T;lttffl/l,lxrr. BY THE COURT /6/ mttlmf O'/x;!~ HONORABLE MICHAEL O. BOHREN Circuit Court Judge 2 \ 1\\\\\\I\m\IIII\I\I\\\\\I\I . UC3539457-002 8 . tn 0 D ~ 3 2 JAN 16 ~ COpy ðr~5:~~'~.I,::;:' REGIS1 ~R' S 0~~ lc~ ì-JAUK.f.SHH LúUj\! rv, if; I Rt.Cu~WE:.l! üN SUBORDINA TION AGREEMENT !L> 1-'1 S-2;:.\iiij . . - .. 1 ii': ~;'~-, . ::', - - - - - --- - - - --- ----- - - - - - -- -- -- - --- - - --- - - - - - ---- --- --- ---- -- - - - - - - -- -- -- Agreement made and executed this - day of January, 2008. f'i I C.f+~jt.L.j ~ t1ff:::S,- i NGi.:. R RfGIS r~H u~ 0~LDS REC. ~ t.~: 6. 00 REC. ~t.E-Cú: S.00 REL H:.~-Shi: i~. 0il.1 i!-<AÎ\/. f"t:::t:: TRAN. H:~-S"A-'t.~ PAGES: 2 WHEREAS, by an instrument dated December 27, 2007 and recorded in the office of the Register of Deeds for Waukesha County, Wisconsin on December 28, 2007, as Document No. WC3535099-004, 001236- 001238, wherein Richard Lucht granted a Permanent SewerlDrainage Easement to the City of Muskego on property located at W171 57260 Lannon Dtive, City of:ivIU5kcgo, State of Wisconsin, (hereinafter "Easement"), and (!,t,'Vl,lló/ t!,<f,u~,,? c./. ,IleNT ;!LObd"L/' . 71 () AI / /" AI ,é-I.'? rr.,A) Av f.- I ,n 1/ w? u;ic v fy úJ: f.;l dtJ..3 Tax Key No. MSKC 2198.001 WHEREAS, prior to the recording of the Easement, a mortgage executed by Mr. Richard Lucht to Citizen's Bank, dated July 27, 1998, was recorded in said register's office on August 31, 1998 as document No. 2357384 (hereinafter "Mortgage"), which conveyed as security the real estate located at WI71 S7260 Lannon Drive, City of Muskego, Wisconsin, Tax Key No: MSKC 2198.001, described as follows: ! Lot 1, Block 1, Meadowdale, NW !f4 Section 10, Town 5 North, Range 20 East. ALSO, Lot 1, Certified Survey Map No. 2275, recorded on April 15, 1975 in Volume 16 of Certified Survey Maps on Page 188 as Document No. 907677, of a part of the N.E. Y4 of Section 9, T.5N, R.20E., in the City of Muskego, County of Waukesha, State of Wisconsin. 'SH[r~AS, the païti.;;5 hãd iütçndtò lÌldl thl: ìi~n vi Ih~ hÍongage was tû be; subordinmt: to the interest held by the City of Muskego under the Easement, but for the Mortgage having been recorded prior t<;> the recording of the Easement. NOW THEREFORE, in consideration of the premises, the sufficiency of which is hereby acknowledged, Citizen's Bank, holder of the Mortgage, agrees that the lien of the Mortgage will be subordinate to the rights ofthe City of Muskego under the Easement. - 1 - 0i1n333 ~:~ '.. .... ' JAN 162 CITIZEN'S BANK . -~~<\ "--2 - -""'J By, "c.--- ~-""'--- ' -. '- <-.._')._-~-_. Title: -? "es;." t>i;.~í '-', - --.:/ \ . (-' 'N" \f. - .. .. \...- ,-.:.\--:te"'\.~ ~~\-01"- Q" \ "~ ~<;"'\.~J- By: (itle: \j \G:. ?(Z..~.:',; I.~ ~yù\ - c.,~'l.c.'"'? ~t"...",-\t. ...~ ~v~~{;. "....~ State of Wisconsin County of \..,.:)c~v \t...es-ls )SS ) Personally came -~ !-..-~~"I\"> \>~,,';)'t-.-\ before me this \ \\~, day of January, 2008, the above-named and .\"""'(' ç" .ç:~~\? ~-\- to me known to be the and'\} \.c...c:. '?"'es-,~ 1: -- respectively of Citizen's Bank and to me known to be the persons who executed the foregoing instrument and ackno\)"ledged the -,' ".- ' " same. ","" :.,,"" .- \ ! , -.- " I 1 v- \ ;, \ '< Notary Publjc, County'òf State of Wisconsin My Commission: Drafted by: Amy Doyle - 2 - . . . m. 0 I 2 3 5 DEC 28 E 1""'I/BIII/mlllllllll EASEMENT COPY, ..."",'-,c UC3535099-004 ðf' ,. f"; Ü '\i; .~ \ \~~,:~~,,~~ .,:,. '" . ------------------- - .--______nn______-----------------------------..". " Nt,~; taw ~U .IAN U i} LUUIJ THIS EASEMENT made this J 1 day of December, 2007, by and between Richard Lucht, W171 S7260 Lannon Drive, Muskego, Wisconsin, the owner, hereinafter called the "Grantor", and the City of Muskego, a municipal corporation in the County of Waukesha, State of Wisconsin, hereinafter called the "Grantee"; "<'- ',. - .. - , - -~.,' ,~'~ ' ,<- ". ..' ' .. -, l;::'- :.::L ,~ ' :. fLi{ - , -, ,. - ',... -' " 2. 21 I, ';.-]\. :-:::.::.'-:5'; (.:i' ::.; "" WHEREAS, the Grantor, Richard Lucht, owns a parcd of real estate, Citizens Bank of Mukwonago, holds a mortgage on said real estate located at W171 S7260 Lannon Drive, in the City of Muskego, County of Waukesha, State of Wisconsin and legally described as follows: ~\Vel\O I CArZtBDN 67 mE-NTKOWS(L( ,S. C . 7t 0 (\J~ PLÞN"tr-JrnN þMFNU& NHWJ~lúJ} ~~20:S Tax Key No, . j '. '1 r,' t\ \ ' . Lot I, Block] , Meadowdale, NW Y4 Section 10, Town 5 North, Range 20 East. Also, Lot 1, Certified Survey Map No, 2275, recorded on April 15, 1975 in Volume 16 of Certified Survey Maps on Page 188 as Document No, 907677, of a part of the N.E. ~ of Section 9, T.5N., R,20E., in the City of Muskego, County of Waukesha, State of Wisconsin. \ \,. Tax Key No: MSKC 2198.001 Address: W171 S7260 Lannon Drive WHEREAS, the City of Muskego has requested from Grantor a storm sewer/ drainage easement of 20 feet which encompasses the 72 inch storm sewer drainage pipe which was installed by Grantor on Grantee's property for the repair, maintenance and reconstruction of the storm sewer/drainage pipe; NOW THEREFORE, the Grantor, voluntarily grants and conveys to Grantee, for good and valuable consideration, including the payment of one hundred thousand dollars ($100,000), the receipt whereof is hereby acknowledged, a pennanent and irrevocable 20-foot storm sewer/drainage easement in perpetuity for the repair, maintenance and reconstruction of the stormwater sewer/drainage pipe on, over and in the following described real estate: . A strip of land 20.00 feet wide, being part of Lot 1 Certified Survey Map No. 2275 in the Northeast 1/4 of Section 9, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, the centerline of said strip described as follows: 9 0 12 3 6 DEC 28 ~': . .~ Commencing at the Northeast corner of said lot I; thence S 00000"00" W along the Westerly Lannon Drive right-of-way line I 1.23 feet, said point also being the point of beginning; thence S 84043"35" W 37.29 feet; thence S 53051"30" W 141.11 feet to the meander line of said Lot I; thence S 49050"35" W 30 feet more or less to the waters edge. End of description. Bearings Reference Certified Survey Map No. 2275. . This 20-foot Wide Perpetual Storm Sewer Easement is set forth and identified in Exhibit A, which is attached hereto and incorporated herein. The conditions of this Storm Sewer Easement are such that: 1. Grantor hereby consents to the entry of employees, workmen, agents or independent contractors of the Grantee fOï and incidental to the repair, maintenance and reconstmction 0f said storm sev,Ter/drainage pipe and wiIl flot disturb or inierÍere with such stOrm drainage improvements for the purpose of repair, maintenance and reconstruction. 2. The Grantor shall retain all other property rights and obligations, including turf maintenance. 3. The Grantor agrees that no buildings, construction, or decorative landscaping of any kind or nature shall be placed within the easement. The construction of buildings or other permanent structures shall be subject to the Ordinances of the City of Muskego and the Statutes of the State of Wisconsin. . 4. Should the Grantee, in the reasonable discharge of its obligations, be required to enter upon the Parcel it shall have the right to do so. If the Grantee shall in the exercise of its foregoing powers disturb the Parcel described above, then the Grantee shall restore it to its original condition. 5. Prior to each exercise of rights granted herein, the Grantee shall make reasonable efforts to serve notice on the .Grantor of its intent to enter upon the easement and right-of-way. In cases of emergency, no prior notice need be given. THIS EA..SEMENT is intended to run with the land anJ shaH be bindmg upon and shail inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, and may not be amended or modified without prior written approval ofthe Grantee. Any amendment or modification to this Grant of Easement shall be by an instrument in recordable form executed by both the Grantor and the Grantee and recorded at the office of the Waukesha County Register of Deeds. This Easement is to be governed by and construed pursuant with the laws of the State of Wisconsin. . - 2 - . . . !J. V I Lv; U!...v c.v D IN WITNESS WHEREOF, the Grantor has hereunto set his hands and seals to this stonn sewer/drainage Easement this n day of December, 2007. GRANTOR: \]-L./J tf ~ Richard Lucht IN WITNESS WHEREOF, the Grantee has hereunto set his hands and seals to this stonn sewer/drainage Easement this V day of December, 2007. GRANTEE: ~!:egr ~ Title: ~~ Subscribed to and sworn before me this 2-~ day of ~ ' 2007. DRAFTED BY: RAYMOND POLLEN 710 North Plankinton Avenue Suite 500 Milwaukee, Wisconsin "> - .J - 0 0 , 2 38 DEC 28 b LOTi CSM 1154 2193-989-007 I I I I I I I I I I I 8 C) ~ ~ 1::: ~ u ~ ~~ ~ '" ~~ ~~ ~~ ~ :.. f~ ~ 15 tt:1 to-) SCALE: 1" = 40' I I I I I I I I I I C/:} I ~ WEST 94.35' ~ \J,) /::, - ~ . ~ \ r;:ó~4';~}~~W ~ ~ /"0. .~- \)\) / \.. ~ 'bc,. /" /~<o. ,,~ "/ ,~~~ / <-.\),'5 /. é~/ #~~/ ~) /' /' ~,~ y~ s St}. /' C:>~ ~o~/ .ç' , ~\)þ\Y / , ~~~~/ ~~~\9/ 50' ~ , ~ ~ Q Ì<) ('oj LOT 2 CSM 1154 2193-989-010 """ "! ~ 0 ...... ($) ~ ~~ ~ CS LOTi CSM 2275 2198-001 ~ Q::; ~ LOT 2 CSM 2275 2193-968 I I I I I I I I ð ~ ~ I ~ I 8; 50' EXHIBIT "A" 10/31/07 8.