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CCR2015076-Offer COMMON COUNCIL – CITY OF MUSKEGO RESOLUTION #076-2015 PURCHASE LOT 98 OF BELLE CHASSE ADDN. NO. 2 WHEREAS, the City has determined that it may be necessary and appropriate to construct a municipal well and well house in the vicinity of the Belle Chasse Subdivision; and WHEREAS, this issue was considered in the development of the Belle Chasse Subdivision; and WHEREAS, the Developer’s Agreement for the Belle Chasse Addn. No. 2 and No. 3, Section III(D)(5) specifies that the Developer will sell Lot 131 to the City for $108,900.00, which will allow the City to pursue this municipal water objective; and WHEREAS, the lot that is referenced in the Developer’s Agreement as number 131 has been renumbered and is now known as Lot 98; and WHEREAS, City Staff and the Developer, Neumann Companies, Inc., have prepared a Vacant Land Offer to Purchase and accompanying documents, by which the City would agree to purchase Lot 98 of Belle Chasse Addn. No. 2 for $108,900.00; and WHEREAS, the City hereby intends to agree to purchase Lot 98 as described above, and to authorize the Mayor and City Clerk-Treasurer to execute all necessary documents and make payment along with paying closing costs to complete the transaction, subject to Lot 98 being removed from the Declaration of Covenants and Restrictions that effect the Belle Chasse Subdivision. THEREFORE, BE IT RESOLVED, that the Common Council hereby approves, and authorizes the Mayor to execute on behalf of the City, the Vacant Land Offer to Purchase attached hereto and incorporated herein by reference, subject to the terms described herein. BE IT FURTHER RESOLVED, that the Common Council hereby authorizes the Mayor and City Clerk-Treasurer to execute all documents necessary to complete the acquisition of Lot 98 of the Belle Chasse Addn. No. 2 Subdivision and make payment in the amount of $108,900.00, plus all necessary closing costs, to complete the transaction. BE IT FURTHER RESOLVED, that Lot 98 must be excluded from the Declaration of Covenants and Restrictions for the Belle Chasse Subdivision at or prior to closing the acquisition, provided that Lot 98 may be required to have exterior building materials similar to the exterior building material requirements within the subdivision as determined by the City, and in the event the City would sell Lot 98 for residential construction, Lot 98 may then be deemed to be included in the property that is subject to the Declaration of Covenants and Restrictions and any home thereafter constructed would need to comply with the Declaration of Restrictions. Dated this 28th day of July, 2015. This is to certify that this is a true and accurate copy of Resolution #076-2015 which was adopted by the Common Council of the City of Muskego. _________________________________ Clerk-Treasurer