CCR1984107RESOLUTION #107-84
(As Amended)
AUTHORIZING EXECUTION OF ATTACHED DOCUMENT
RELATING TO KURTZE LANE DRAINAGE PROJECT
(Pellmann Easement)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
agree with the concept stated in the attached document provided
by Glenn and Ruth Pellmann, with the exception of the statement
in No. 5 which reads "In addition, there shall be no special
assessment to Pellmann as a result of this easement or any
other construction in regard thereto".
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to sign any legal documents in the name of the City based on
said concept to obtain such an easement from the Pellmann's for
the Kurtze Lane Drainage Project, subject to notification by
the City Engineer that DNR approval has been obtained.
DATED THIS 8th DAY OF May , 1984.
FINMCE COMMITTEE /&P- Ald. aalph Tomczyk //
I Ald. Edwin P. Dumke
Ald. Mitchel Penovich
ATTEST;
City Clerk
5/84
jm
THIS IS AN CASEMENT granted by GLENN PELLMANN and RUTH
PELLMANN, husband and wife, owners of property hereinafter described,
and hereinafter referred to as PELLMANN to the CITY OF MUSKEGO, a
municipal corporation of Waukesha County, Wisconsin, hereinafter
referred to as CITY.
The purpose of this easement is to allow the City to
drain water from the surface of lands adjacent to and beyond the
property descrihed herein into Muskego Lake.
For this purpose, Pellmann grants to City the right to
construct a culvert or underground pipe on the easement premises,
provided that the City accepts and agrees to the following provisions: .
1. The culvert shall be at least 24 inches in diameter
and shall run for the entire length of the easement and discharge
at or beyond the water's edge;
2. There shall be no ditch, depression or berm after the
completion of the construction;
3. The City shall fill the remainder of the property
belonging to Pellmann to the level of the neighbor's property with
clean dirt fill suitably distributed and graded. '
4. In all other respects the property shall be restored
to its prior condition as soon as is practicable after the completion
of the construction;
5. The consideration for this easement is the sum of
$800.00 paid by City to Pellmann, the receipt of which is acknowledged.
r--lrl+ nf th,c
The grant of this easement is strictly limited for the
purpose of storm sewer drainage as indicated above and not for
any other purpose and Pellmann shall have full and complete use
of the easement property subject to said use.
The City shall have the right at any time to enter upon
the easement property for the purpose of repair and/or reconstruction,
provided however that none of the foregoing restrictions shall be
violated at any time and the premises shall he restored as provided
above.
The easement premises are described as follows:
(See attachment) .
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals this day of , 1984.
GLENN PELLMANN
RUT13 PELLMANN
CITY OF MUSKEGO
By :
Mayor
By :
Clerk
- 2-
,
All that part of the Northwest L, of Section 15, Town 5 North,
being a 20.00 foot wide str.ip of land lying Northerly, parallel
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
and adjacent to the following described property line;
Commencing at the West % corner of Section 15; thence along a
traverse line the following described courses: North 10" 33'
and North 41" 55' 53" East, 187.98 feet; thence North 88" 32'
23" East, 432.12 feet; North 42O 48' 03" East, 979.12 feet;
23" East, 1005 feet; thence North 1" 27' 37" West, 30.00 feet
to the North line of Kurtze Lane and the place of beginning
of said property line; thence Easterly along an existing property
line and fence line 635 feet more or less to the Weste'rly shore-
line of Bass Bay on Big Muskego Lake and point of termination,
said easement containing 0.29 acres,together with a 30 foot wide
temporary construction easement lying Northerly, parallel and
adjacent to the above described strip of land.
i
)
RESOLUTION Q107-84
AUTHORIZING EXECUTION OF ATTACHED
RELATING TO KURTZE LANE DRAINAGE PROJE
(Pellmann Easement)
BE IT RESOLVED that the Common ity of Muskego,
upon the recommendation of the does hereby
approve the attached document
granted by Glenn and Ruth
the purchase price of $800.00.
BE IT FURTHER RESOLVED
to sign any legal
this easement from
Project.
DATED THIS DAY OF ,/ , 1984.
/ / Ald. Edwin P. Dumke
/ Ald. Mitchel' Penovich
ATTEST:
e
0
PELLMANN, husband and wife, owners of property hereinaft
municipal corporation of Waukesha County, Wisconsin,
referred to as CITY.
drain water from the surface of lands adjacent and beyond the
property descrihed herein into Muskego Lake.
the easement and discharge
at or beyond the water's edge;
belonging to Pellmann to level of the neighbor's property with
of the constructio
purpose of storm sewer drai ve and not for
any other purpose and Pellm nd complete use
of the easement property su
The City shall ha ime to enter upon
the easement property for t nd/or reconstruction,
provided however that none ictions shall he
violated at any time and th stored as provided
above.
?he easement pre
(See attachme .
IN WITNESS , the parties have hereunto set their
hands and seals this day of , 1984.
GLEhCJ PELLMANtJ
RUTH PELLMANN
CITY OF MUSKEG0
By :
Uayor
By :
Clerk 0
- 2-
.
e
All that part of the Northwest & of S
Rancje 20 East, City of Muskego, Wauke
being a 20.00 foot wide str-ip of land
an2 adjacent to the following descri
Comencing at ction 15; thence along a
traverse line courses: North 10' 33'
23' East, 432.12 feet; North 42O
and North 41"
03" East, 979.72 feet; a, 23" East, 100 27' 37" West, 30.00 feet
feet; thence North 88" 32'
to the North the place of beginning
of said prope y along an existing property
line and fenc less to the Weste'rly shore-
line! of Bass and point of termination,
said easement ogether with a 30 foot wide
temsorary con Northerly, parallel and
adjacent to t