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CCR1985096F RESOLUTION 1/96-85 APPROVING ACQUISITION OF EASEMENTS FOR LADWIG DRIVE SEWER PROJECT (Klenz) WHEREAS, in order to proceed with the Ladwig Drive Sewer Project, certain easements are required, and WHEREAS, the attached easement for the Klenz property includes certain special conditions which require Council approval, and WHEREAS, an easement for ingresslegress during construction of the project is also required as attached. NOW, THEREFORE BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve of the acquisition of the authorizes the Mayor and Clerk to execute the same on behalf of attached easements for the Ladwig Drive Sewer Project, and the City. DATED THIS 14 DAY OF -) 1985* FINANCE COMMITTEE Ald. Edwin R Dumke M.t Ald,Witchel 'Penovich &&A >+ Ald. RBlph Tomczyk ATTEST : City Clerk 5/85 jm . EASEMENT THIS INDENTURE, made this day of , 1985, by and between ROBERT W. KLENZ and IONE R. RLENZ, husband and wife, and FIRST WISCONSIN NATIONAL BANK OF BROOKFIELD, hereinafter referred to as party of the first part and CITY OF MUSKEGO, hereinafter referred to as party of the second part. WITNESSETE: WHEREAS, the party of the first part, ROBERT W. KLENZ and IONE R. KLENZ, owns a parcel of real estate and the party of the first part, FIRST WISCONSIN NATIONAL BANK OF BROOKFIELD, holds a mortgage and real estate security agreement on said real estate located in the City of Muskego and described as follows: SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT “1” WHEREAS, party of the second part has requested from the party of the first part a temporary ingress and egress easement for sanitary sewer purposes including but not limited to the right of the public to use the property in question for ingress and egress purposes during construction of the sanitary sewer in Ladwig Drive. NOW, THEREFORE, party of the first part, in consideration of the sum of ONE DOLLAR and other good and valuable consideration, the receipt whereof is hereby acknowledged and confessed, do grant and convey unto the party of the second part, a temporary ingress and egress easement for sanitary sewer purposes including but not limited to the right of the public to use the property in question for ingress and egress purposes during construction of the Sanitary sewer in Ladwig Drive in the City of Muskego, Waukesha County, Wisconsin, on, over and in the following described real estate: SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT “2” USE OF LAND Party of the first part consents to the entry of the public on. over and in the ingress and egress easement for sanitary Sewer purposes, including but not limited to the right of the Public to use the property in question for ingress and egress Purposes during construction of the sanitary sewer in Ladwig Drive, but reserve to themselves the right to make such use of land included in said easement, subject to the ordinances of the City Of Muskego, the regulations of the party of the second part, and the statutes of the State of Wisconsin as will not disturb or interfere with such ingress or egress. The parties expressly acknowledge that the party of the second part may allow others not parties to this easement to use the easement for the purposes indicated above. That the property to be used for ingress and egress which is all or part of this temporary easement shall be "oiled" so as to keep dust down and "No Thru Street" signs shall be posted when Woods Road is closed. THIS INDENTURE, upon its acceptance by the party of the first part, shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors and assigns. IN WITNESS WHEREOF, party of the first part has executed this indenture the day and year first above written. ROBERT W. KLENZ IONE R. KLENZ STATE OF WISCONSIN 1 COUNTY OF WAUKESHA 1 )ss. Personally came before me this day of , 1985, the above named ROBERT W. KLENZ 6 IONE R. KLENZ, to me known to be the persons who executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC, STATE OF WI My commission: FIRST WISCONSIN NATIONAL BANK OF BROOKFIELD By: -2- STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) )SS. Personally came before me this day of , 1985, the above named - and acknowledged the same. to me known to be the persons who executed the foregoing instrument NOTARY PUBLIC, STATE OF WI My commission: THIS INSTRUWNT WAS DRAFTED BY: Attorney Donald S. Molter, Jr. 916 Clinton Street Waukesha, Wisconsin 53186 ARENZ, MOLTER, MACY h RIFFLE, S.C. - 3- I .. That part of the North East One-quarter (k) of Section Fifteen . (15). in Tovnship Five (5) North, Range Tventy (20) East, in the City of Muskego, bounded and described as follws: Commencing at Section: thence East on the North line of said Quarter section 1330 the North West corner of the said North East One-quarter (k) thence South 83. 37' East 75 feet to the point of beginning; thence feet to a point; thence South 2- 53' West 345.94 feet to a point; South 0. 03' West 229.14 feet to a point in the Marsh land of Baas Bay; thence Easterly along said marsh land to the South West corner of lands 29, 1955 in Volume 677 of Deeds page 583, as Document No. 422695; conveyed by instrument dated August 18, 1955 and recorded on August thence North 0. 03' East along said Czarnecki's West line 229 feet to a point; thence Westerly 75 feet more or less to the point of beginning. One-quarter (k) Section Fifteen (15); thence East on the North line of said Quarter section 1330 feet to a point; thence South 2' 53' West 345.94 feet to a point; thence South 83. 37' East 25 feet to the place of beginning of the land herein to be conveyed; thence continuing South Deed dated October 22, 1955 recorded November 17, 1955 in Volume 687 of Deec?s 83. 37' East 50 feet; to the North West -mer of lands described in Warranty on page 35 as Document No. 428125; thence South 0' 03' West along the West line of said Czarnecki property, 229.14 feet to a point in orth 01' East 30.11 feet; thence North 46. 11' East 39.04 feet to aid marsh to a point; thence North 6' 46' East 201.95 feet; thence ALSO Commencing at the North West corner of the North East 6" e marsh land of-Baas Bay: thence South 77. 32' West 106.23 feet along the place of beginning. PARCEL 11: That part of the North East One-quarter (k) of Section Fifteen (151, in Township Five (5) North, Range Twenty (20) Bast, in the City of Huskego, to-wit: Commencing at the North West corner of the North East . One-quarter (k) of Section Fifteen (15); thence East on the North line of sai North East One-quarter (k) section, 1208.48 feet to a point; thence South 2' Vest 405.33 feet to a point; which is the place of beginning of the the Easterly bank of a creek leading to Muskego Lake 215.13 feet to land hereinafter described; thence continuing South 2. 20' West along a point, being waters edge of Muskego Lake; thence North 85' 08' East North 6' 46' East 207.95 feet to a point; thence West and parallel to the on and along the vaters edge of said lake 100 feet to a point; thence North line of said Quarter section 115.00 feet to the place of beginning. I. I in Township Five (5) North, Range Twenty (20) East, in the City of Muskego, bounded and described as follows: Commencing at the North West comer of said Quarter section; thence East on and along the North line of said Quarter section, 1330.0 feet to a point; thence South 2O 53' West . 345.94 feet to a point; thence South 83O 37' East, 298.50 feet to a point; thence North 0' 03' East 30.18 feet to the place of beginning of the land herein described; thence North 0' 06' West, 150.0 feet to a point; thence North 83' 37' West, 150.0 feet to a point; thence South 0' 06' East 150.0 feet to a point; thence South 83' 37' East 150.0 feet to the place of beginning, Together with the use of using prem'ises hereinafter described for right-of-way purposes, only a right-of-way 30 feet in width from the Easterly side and the Northerly side of the above-described property and Westerly and Northerly to Wood's Road as now travelled, Excepting therefrom all of Lot 1 in Certified Survey Map No. ~ 2341, recorded July 11, 1975 in Volume 17 of Certified Survey Maps on Pages 23 That part of the North East Onequarter (4) of Section Fifteen (lS), l and 24, as Document No. 917182. PARCEL IV: a All that part of the Xorth East One-quarter (k) of Section fteen (IS), in-Township Five (5) North, Range Twenty (20) East, the City of Muskego, which is bounEed and described as follOWS: Conunencing at a point which is 1000.00 feet South 87' 48' 11' West as measured along the North One-quarter (k) section line, and 25.00 feet South 1' 09' 07' East of the North East corner of said Quarter section; thence South 1' 09' 07' East, along the West line of a parcel of land which fs described in a warranty Deed dated December 13, 1957 674.17 feet to a poht on the shore of Big Muskego Lake; thence North and recorded in Volume 759 of Deeds on page 145, as document NO. 470496, 53' 45' 45. West 60.00 feet to a point; thence North 2. 11' 44' West 283.00 feet to a point; thence North 85' 48' 42' West 273.53 feet to South 87' 44' 23' West 151.43 feet to a point on the Westerly bank of a point; thence South 43' 58s 14' West 39.03 feet to a point; thence along said Westerly bank 374-68 feet to a point; thence North 87. 48' a creek leading to Big Muskego Lake; thence North 18' 29' 03' East 11- East, parallel to and 25.00 feet South of the North line of said Quarter Section, 378.38 feet to the point of beginning, -xceptiW a 29, 1961 and recorded in Volume 985 of Deeds on page 33, as Dowent No- 615027. Further Excepting therefrom all of Lot 1 in Certified Survey Map No- 23419 recorded July 11, 1975 in Volume 17 of Certified Survey Maps On Pages 23 and 24. as Document NO. 917182. ' parcel of land which is described in Warranty Deed dated September All that part of the Northeast 1/4 of Section 15, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Northeast corner of the Northeast 1/4 of Section 15; thence South 87'48'11" West, along the North line of the Northeast 1/4 of Section 15, 1151.489 feet: thence South 02"11'49" East, 25.00 feet to the place of beginning: thence South 87°48'11" West, 727.349 feet: thence South 18O29'03" West, 64.133 feet; thence North 87"4R'll" East, 190.00 feet: thence South 02O11'49" East, 120.00 feet: thence West, 50.00 feet: thence South 87°4R'11" West, 148.69 feet: tJorth 87O48'11" East, 207.75 feet: thence North 01°09'07" thence North 2O11'49" West, 130.00 feet to the place of beainnina. D 0 EASEMENT THIS INDENTURE, made this day of , 1984, by and between ROBERT W. KLENZ and IONE R. KLENZ, husband and wife, and FIRST WISCONSIN NATIONAL BANK OF BROOKFIELD, hereinafter referred to as party of the first part and CITY OF MUSKEGO, located in Waukesha County, Wisconsin, hereinafter referred to as party of the second part. WITNESSETH: WHEREAS, the party of the first part, ROBERT W. KLENZ and IONE R. KLENZ, owns a parcel of real estate and the party of the first part, FIRST WISCONSIN NATIONAL BANK OF BROOKFIELD, holds a mortgage and real estate security agreement on said real estate located in the City of Muskego and described as follows: SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "X" WHEREAS, party of the second part has requested from the party of the first part a permanent easement and temporary construction easement for sanitary sewer purposes including but not limited to construction, repair, maintenance and reconstruction of the sewer; NOW, THEREFORE, party of the first part, in consideration of the sum of ONE DOLLAR and other good and valuable consideration, the receipt whereof is hereby acknowledged and confessed, do grant and convey unto the party of the second party, forever, a permanent easement and temporary construction easement for sanitary sewer purposes including but not limited to construction, repair, maintenance and reconstruction of the sewer in the City of Muskego, Waukesha County, Wisconsin, on, over and in the following described real estate: SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "Y" USE OF LAND Party of the first part consents to the entry of the employees, workmen, agents or independent contractors of party of the second part for and incidental to the construction, repair and maintenance and reconstruction of said sanitary sewer purposes, but reserve to themselves the right to make such use of land included in said easement, subject to the ordinances of the City of Muskego, the regulations of the party of the second part, and the statutes of the State of Wisconsin as will not disturb or interfere with such sewer or prevent ingress, or egress, thereto for the purpose of construction, repair, maintenance and reconstruction thereof. W The party of the second part will make every attempt to save as many trees as possible during construction of the sanitary sewer and the wood from any trees that must be cleared will be left on the property in question for use of the owner after being cut into eight foot links. That upon construction of the sanitary sewer, the party of the second part will provide gravel back fill on the North-South portion of the sewer on this property. The parties expressly acknowledge that the party of the second part my allow others not parties to this easement to use the easement for the purposes indicated above. THIS INDENTURE, upon its acceptance by the party of the first part, shall be binding upon and inure to the benefit of the d parties hereto, their respective heirs, successors and assigns. IN WITNESS WHEREOF, party of the first part has executed this indenture the day and year first above written. 9 ROBERT W. KLENZ STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) IONE R. KLENZ )ss. Personally came before me this I day of 1985, the above named ROBERT W. KLENZ and IONE R. KLENZ to me known to be the persons who executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC, STATE OF WI My commission expires: FIRST WISCONSIN NATIONAL BANK OF BROOKFIELD -2- I ~ That part of the North East One-quarter (k) of Section Fifteen . 'l-S), in Township Five (5) North, Range Twenty (20) East, in the le North West comer of the said Nortb East One-quarter (k) .ty of Huskego, bounded and described as fol~ous: Commencing at 5ction; thence East on the North line of said Quarter section 1330 ,.?et to a point; thence South 2* 53' West 345-94 feet to a point; lence South 83' 37' East 75 feet to the point of beginning; thence 3uth 0' 03' West 229.14 feet to a point in the Harsh land of Baas Bay; !, .lence Easterly along said marsh land to the South West corner of lands 3nveyed by instrument dated August 18, 1955 and recorded on August 9, 1955 in Volume 677 of keds page 583, as Document No. 422695; bence North 0- 03' East along said Czarnecki's West line 229 feet to point; thence Westerly 75 feet more or less to the point of beginning. I ALSO Commencing at the North West comer of the North East Ae-quarter (k) Section Pifteen (15); thence East on the North line f said Quarter section 1330 feet to a point; thence South 2' 53, West 45-94 feet to a point; thence South 83. 37' East 25 feet to the place f beginning of the land berein to be conveyed; thence continuing South 3' 37' East 50 feet: to the North West corner of lands described in Warranty .zed dated October 22, 1955 recorded November 17, 1955 in Volume 697 of DeeZs :1 page 35 as Document No. 428125; thence South 0' 03' West along "a est line of said Czarnecki property, 229.14 feet to a point in .=id marsh to a point; thence North 6' 46' East 201.95 feet; thence arth 5' 01' East 30.11 feet; thence North 46' 11' East 39.04 feet to .re place of beginning. n rsh land of Baas Bay; thence South 77' 32' West 106.23 feet along .'IRCEL 11: That part of the North East One-quarter (4) of Section Fifteen 15), in Township Five (5) North, Range Twenty (20) East, in the City f nuskeso, to-wit: Commencing at the North West Corner of the North East . rre-quarter ('I) of Section Fifteen (15); thence East on the North line of saic orth East One-quarter (k) section, 1208.40 feet to a point; thence South 2' 2 est 405.33 feet to a point; which is the place of beginnhg of the and hereinafter described; thence wntlnuhg South 2' 20' West along lie Easterly bank of a creek leading to Huskego Lake 215.13 feet to point, being waters edge of Muskego Lake; thence North 85' 08' East n and along the waters edge of said lake 100 feet to a point; thence orth 6. 46' East 207.95 feet to a point; thence Hest and parallel to the orth line of said Quarter section 115.00 feet to the place of beginning. . PARCEL 111: in Township Five (5) North, Range Tventy (20) East, Ln the City of Huskego, bounded and described as follows: Commencing at the North West comer of said Quarter section; thence East on and along the North line of said Quarter section, 1330.0 feet to a point; thence South 2O 53' West . 345.94 feet to a point; thence South 83" 37' East, 298.50 feet to a point; thence North 0' 03' East 30.18 feet to the place of beginning of the land herein described; thence North 0' 06' West, 150.0 feet to a point; thence North 83' 37' West, 150.0 feet to a point; thence South 0' 06' East 150.0 feet to a point; thence South 83. 37' East 150.0 feet to the place of beginning, Together with the use of using premises hereinafter described for right-of-way purposes, only a right-of-way 30 feet in width from the Easterly side and the Northerly side Of the above-described property and Westerly and Northerly to Wood's Road as now travelled. Excepting therefrom all of Lot 1 in Certified Survey'Map No 2341, recorded July 11, 1975 in Volume 17 of Certified Survey Maps on Pages 2 and 24, as Document No. 917182. PARCEL IV: All that part of the North East One-quarter (k) of Section the City of Muskego, which is bounzed and described as follows: nunencing at a point which is 1000.00 feet South 87' 48' 11' West as measured along the North One-quarter (k) section line, and 25-00 section; thence South 1' 09' 07' East, along the West line of a parcel feet South 1' 09' 07' East of the North East comer of said Ouarter of land which is described in a Warranty Deed dated December 13, 1957 and recorded in Volume 759 of Deeds on page 145, as document No. 470496, 53' 45' 45' West 60.00 feet to a point; thence North 2' 11' 44' West 674.17 feet to a point on the shore of Big Muskego Lake; thence North 283.00 feet to a point; thence North 85' 48' 42' West 273.53 feet to a point; thence South 43. 58' 14' Weeet 39.03 feet to a point; thence South 87' 44' 23' West 151.43 feet to a point on the Westerly bank Of a creek leading to Big Huskego Lake; thence North 18' 29' 03' East along said Westerly bank 374.68 feet to a point; thence North 87' 48' 11' East, parallel to and 25.00 feet South of the North line of said Quarter Section, 378.38 feet to the point of beginning, -xcepting a parcel of land whlch is described in Warranty Deed dated September 29, 1961 and recorded in Volume 985 of Deeds on page 33, as Document No. 615027, Further Excepting therefrom all of Lot 1 in Certified Survey Map No. 2341* recorded July 11, 1975 in Volume 17 of Certified Survey Maps On Pages 23 and 24, as Document No. 917182. @ Fifteen (15), in Township Five (5) North, Range Twenty (20) East, proposed Perrrtsnent Sanitary Sever Easement That part of the land described in the aforesaid Exhibit "X" described as: /- All that part of the Southeast 1/4 of Section IO and the Northeist 1/4 of Section 15, ?own 5 North, Range 20 East, City of Kuskego, h'aukesha County, Wisconsin, being a 60.00 fot vide strip of lano the centerline of vhjch is describe0 as follows: Commencing st the Southeast corner of said Section 10; thence North lcll'17' West, 25.00 ieet along the East line of said Section 10, to the North line of the existing WEPCo right-of-cay; thence South 67'48'11' West, 210.00 feet along said North line to the centerline of Ladwia Drive and the place of beginning; thence Sorth 8'38'00' East, 231.46 feet; thence South 67eC8'11' West, 997.87 feet to the centerlin€ of an existing 60.00 foot reserved right-of-way as described in Certified Survey Kap Document bo. 937182; thence South 2"11'49' East, 162 feet more or less along said centerline to the North line of the property described in Document No. 318250 and the point of termination.