KNOW ALL MEN BY THESE PRESENTS, that the City of Oak Creek, a Municipal Corporation and the City of Oak Creek Water and Sewer Utility, duly organized and existing under and by virtue of the laws of the State of Wisconsin located at Oak Creek, Wisconsin, party of the first part, for and in consideration of the sum of One Hundred Forty-three Thousand Three Hundred Four and 53/100 Dollars ($143,304.53) lawful money of the United States, to it duly paid at or before the ensealing and delivery of these presents, by City of Franklin, party of the second part, the receipt of which is hereby acknowledged, has bargained, sold, granted, transferred, assigned and conveyed, and by these presents does bargain, sell, grant, transfer, assign and convey unto the said party of the second part, its heirs, executors, administrators, successors and assigns:
The property conveyed and evidenced as conveyed hereunder includes any and all water service infrastructure installed, located or existing within the boundaries of the City of Franklin, in any way being the subject of any considered conveyance within the matter of City of Oak Creek ex rel. Water and Sewer Utility Com’n v. Public Service Com’n of Wisconsin, 716 N.W.2d 152, 206 WI App 83 (Ct.App. 2006), review denied, the party(ies) of the first part warranting their intention that all water service assets located within the City of Franklin which assets are or have been in any way related to the service of water customers in the City of Franklin, which assets are or ever have been owned or intended to be owned by the party(ies) of the first part, are hereby conveyed and transferred to the City of Franklin. The property conveyed and evidenced as conveyed hereunder substantially includes “contributed” property; the City of Franklin has paid the party(ies) of the first part consideration in the amount of $143,304.53, representing payment in full for all meters and all hydrant relocation costs, such meters and hydrant relocation costs being part of the considered conveyance costs with the matter of City of Oak Creek ex rel. Water and Sewer Utility Com’n v. Public Service Com’n of Wisconsin, 716 N.W.2d 152, 2006 WI App 83 (Ct.App. 2006), review denied, the balance of the “contributed” and other property conveyed and evidenced as conveyed hereunder are being transferred pursuant to the Decision in the aforesaid matter without monetary compensation as is otherwise specifically exchanged for the meters and hydrant relocation costs. Execution of this Bill of Sale by the party(ies) of the first part shall be conclusive evidence in perpetuity that the City of Franklin and/or the City of Franklin Water and Sewer Utility own(s) free and clear and without any recourse or further charge by or from the party(ies) of the first part, all of the water service assets previously owned by or intended to be owned by the party(ies) of the first part and located within the boundaries of the City of Franklin, including, but not limited to water mains, laterals, hydrants, meters and appurtenances.
In Witness Whereof, the said City of Oak Creek and City of Oak Creek Water and Sewer Utility has caused these presents to be signed by Richard R. Bolender, Mayor and Beverly A. Buretta, City Clerk and Gerald H. Wille, Chairperson and Fredrick Siepert, Secretary, City of Oak Creek Water and Sewer Utility, duly authorized, at Oak Creek, Wisconsin, this _______ day of _____________________, 2006.
Signed and sealed in presence of CITY OF OAK CREEK
__________________________ By: ________________________________________
Richard R. Bolender, Mayor
__________________________ By: ________________________________________
Beverly A. Buretta, City Clerk
CITY OF OAK CREEK
WATER AND SEWER UTILITY
__________________________ By: ________________________________________
Gerald H. Wille, Chairperson
__________________________ By: ________________________________________
Fredrick Siepert, Secretary
STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me, this ______ day of ____________________, 2006, the within named Richard R. Bolender, Mayor and Beverly A. Buretta, City Clerk, to me known to be the persons who executed the within instrument and acknowledged that they executed the same for the said Municipal Corporation by its authority.
_________________________________
Notary Public, Milwaukee County, Wisconsin
My commission ____________________
STATE OF WISCONSIN )
) ss
MILWAUKEE COUNTY )
Personally came before me, this ______ day of ____________________, 2006, the within named Gerald H. Wille, Chairperson and Fredrick Siepert, Secretary, City of Oak Creek Water and Sewer Utility, to me known to be the persons who executed the within instrument and acknowledged that they executed the same for the said Municipal Corporation by its authority.
_________________________________
Notary Public, Milwaukee County, Wisconsin
This document was drafted by: My commission ____________________
Lawrence J. Haskin
7300 S. 13th Street, Ste 104
Oak Creek, WI 53154