CCR1968162RESOLUTION /m2-6a
(As Amended)
AUTHORIZING EXECUTION OF ROSECKY EASEMENT
AND THE HIRING OF APPRAISERS
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WHEREAS, it is necessary to acquire an easement over the
lands of Anthony Rosecky located on College Avenue for the
purpose of widening College Avenue, and
WHEREAS, Anthony Rosecky has refused to execute said
easement unless the City guarantees that it will not remove
three large maple trees located with the area of said easement,
and
WHEREAS, the City is unable to make said guarantee, but
could be liable in damages for the removal thereof.
NOW, THEREFORE, BE IT RESOLVED that the easement to be
executed by Anthony Rosecky, in the form hereto attached, be
authorized.
BE IT FURTHER RESOLVED that the Common Council will
establish what the monetary loss might be if the trees actually
do come down and that the City pay at the rate of $5.00 per
inch of diameter for the total loss of the treesduring the
construction period.
FINANCE COMMITTEE
Edmund Budish
ATTEST:
a
City Clerk
3d 9c4&
Frank Narlock
7d/dz,a
Harold DeBack
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RC IADSiDE IMPROVEMENT E ASEMENT
THIS I NDENTURE, made this - -.. day of
1968, between AnthonvRoskKI_.
Grantor, and the City of Muskego, a Municipal Corporation of the
St.ate of Wisconsin, Grantee;
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WITNESSES, that Grantor, for and in consideration of the
sum of Une Dollar and other valuabl 3 consideration, In hand paid
by Grantee, rxeipt whereof is hereby acknowledged, hereby conveys
to Gaantee and its assigns, th:. following easement in and tJ real
estate in the City of Muskego, Waukesha County, Wisconsin, to-wit:
An easement to construct, cut, flll or in any othdr
manner alter embankment slopes at ratios recommended by the State
Highway Commission of Wisconsin in order to carry on roadside
'mprovement pursuant to Section 84.04 (2) of the Wisc.?nsin - ~atutes. SO long as requlr !d for such public purpose, this cas;-
ment shall Include the right to operate necessary equipment thereon,
the right of ingress and cgr2ss to said land or buildings thar-on
and the right to plant, protect, presdrve thereon or remove there-
from any vegetation or remove therefrom any buildings or structures
tha Grantee of this easement deems desirabl I, provided, however, thAt
three large mapl.2 trees now standing on th ! pr miszs shai I not
be removed therefrom. In the event seld trees or either of them
ars removed, the City will be Iiabla to the Grantor for damages
therefor. This said easement is given in and to the following
dcscrib;d pr.Jmises, to-wi't:
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The northerly 50 feet of that portion of the northwest
quarter of Section 4, Township 5 North, Range 20 East dexcribed
in Volume 806 of DEEDS, on Page 232.
The part i .s hari.to understand that this ineument do35
not In any way limit the right of any other administrative agencies
of The City ,Jf Muskego, Countv of Waukesha, or the state of Wiscan-
sin, to acquire *asem nts to said rsal ?stat! f3r other public
purposes. e WITNESS my hand and ssal this day of
, 1968.
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In Presence Of:
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STATE OF WIsCONSi N)
WAUKESHA COUNTY )
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Personally came bcfor me this duy of
" 1968, the above named
"~ - - . - " Anthony . . "- Rwky ~ to ma3 known t3 be the persdn who -.xecu:ed the for:going instrument
and acknowledged the same.
My commission Notary Bublic, Waukesha CO., wis. -