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CCR2014089-Necessity-MainusMinkley COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #089-2014 RESOLUTION OF NECESSITY (Mainus & Minkley) WHEREAS, The Mainus and Minkley properties are two (2) properties found in the City of Muskego’s adopted Redevelopment District #2 (Tax Key Nos. 2195.959 & 2195.961), and WHEREAS, The Redevelopment District #2 calls for realizing new economic development opportunities and the Community Development Authority has recently recommended the possible purchase of these two properties in order to create more commercial opportunities along Pioneer Drive, and WHEREAS, the parcels border an existing City of Muskego owned parcel, and WHEREAS, The 2020 Comprehensive Plan shows this area to be reserved for commercial opportunities while the current use is residential. NOW, THEREFORE, THAT THE COMMON COUNCIL, WAUKESHA COUNTY, WISCONSIN, HEREBY RESOLVES AS FOLLOWS: 1. That this Resolution is a resolution of necessity in accordance with 32.06(1) and 32.07(2), Wisconsin Statutes; 2. That it is hereby determined that it is necessary for the City of Muskego to acquire fee simple title for the purchase of land for economic development purposes; 3. That it is also necessary, in the furtherance of the above-stated public purpose, for the City of Muskego to acquire fee simple title to the following described real estate: See attached legal descriptions and map marked Exhibit A. 4. That the City of Muskego will acquire, by condemnation in accordance with Chapter 32, Wisconsin Statutes, if necessary, the above-described interest in the above-described real estate from the record owners thereof, and from any and all other persons or entities who may have a record interest in said real estate. BE IT FURTHER RESOLVED, That it is not the intention of the City of Muskego to utilize condemnation for the purchase of this property. The resolution of necessity is a mechanism to start the purchase process only. If a willing seller/willing buyer purchase agreement cannot be made between the parties initially, the City of Muskego will not pursue the ultimate condemnation process, as this procedure is not the method approved by the Common Council for this property unless the Council takes further action to approve condemnation. BE IT FURTHER RESOLVED, That the Council will meet to approve an offer to purchase Reso. #089-2014 Page 2 and to approve the funds for the purchase before an offer to purchase is deemed valid. DATED THIS _________ DAY OF _____________, 2014. SPONSORED BY: Ald. Bob Hammel Ald. Blaise Di Pronio This is to certify that this is a true and accurate copy of Resolution #089-2014 which was adopted by the Common Council of Muskego. _____________________________ Clerk-Treasurer Reso. #089-2014 Page 3 Exhibit “A” Mskc 2195-959 PT S1/2 SEC 9 T5N R20E COM AT S1/4 COR, TH S89 46' W 213.18 FT, TH N 09 45' E 1367.78 THE BGN, TH N 09 45' E 56.78 FT, TH N 89 0' W 145.8 FT, TH S 05 54' W 49.84 FT, TH S 83 40' E 50.25 FT, TH N 07 52' E 9 FT, TH S 82 08' E 91.05 FT TO POB Mskc 2195-961 PT S1/2 SEC 9 T5N R20E COM AT S1/4 COR,& TH S89 46' W 213.18 FT,TH N9 45' E 1507.95 FT THE BGN,TH S77 30' W 213 FT TH N12 30' W 40 FT,TH N78 28'E 228.5 FT,TH S9 45' W 41 FT TO BGN