CCR1985103RESOLUTION 11103-85
AUTHORIZING EXECUTION OF ATTACHED AMENDMENT TO EASEMENT
(Pellmann - Kurtze Lane Drainage Project)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
approve the Amendment to Easement attached hereto and made a
part hereof, and authorized the Mayor and Clerk to execute said
document in the name of the City.
DATED THIS DAY OF 011 , 1985. ' FINANCE COMMITTEE
Ald. Mitchel Penovich
ATTEST :
City Clerk
5/85
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AMENDMENT TO EASEMENT
WHEREAS, a certain Easement was entered by and between GLENN
PELLMANN and RUTH PELLMANN, husband and wife, and the CITY OF MUSKEGO,
on June 8, 1984 and was recorded in the office of the Register of Deeds
for Waukesha County on the 18th day of Julv , 1984, on Reel
621 , Image 642 , as Document NO. 1264970 , and
WHEREAS the parties wish to make the following amendments to said
easement :
NOW, THEREFORE, for valuable consideration acknowledged by each
party, the parties agree as follows:
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. The property shall be restored to its prior condition as soon
as is practicable after the completion of the construction:
3. The consideration for this easement is the sum of $800.00 paid 0 by City to Pellmann, the receipt of which is acknowledged and there
shall be no special assessment to Pellman for construction of the
watercourse relocation referred to in this agreement. The City
specifically reserves the right to specially assess for any other
purposes.
4. That the frontage that abuts Kurtze Lane be treated as three
separate parcels for sewer assessment purposes as shown on Exhibit "1"
attached hereto and made a part hereof and further described as
follows:
Assmt. No. 13 - #2218.990 - 691.63 ft. - $16,730.53
Assmt. No. 14 - #2218.990 - 87.20 ft. - 2,109.37
Assmt. No. 15 - #2218.990 - 138.13 ft. - 3,341.36, and
interest on all assessments.
That said assessments as made would be deferred in accordance with
City policy established in Resolution #19-71 (as amended) adopted
2/9/71.
The City will grant an indefinite deferment to any special
assessment for future improvements on the subject premises for road
purposes. Such deferment shall provide for its payment in full in
accordance with City policies only when the premises are involved by the
construction of a residence or significant building.
5. That the parties accept the design for this watercourse
relocation project as approved by the United States Army Corp. of
Engineers.
6. The Paragraph numbers 2 and 3 of the easement referred to in
this amendment are specially deleted.
June 8, 1984, shall remain in full force and effect except as amended by
this agreement and amendment to the easement.
7. That all other portions of the easement mentioned above, dated
GLENN PELLMANN
RUTH PELLMANN
STATE OF WISCONSIN )
COUNTY OF MILWAUKEE)
)ss.
Personally came before me this day of
the above named GLENN PELLMANN and RUTH PELLMANN, to me known to be the
persons who executed the foregoing instrument and acknowledged the same.
, 1985,
NOTARY PUBLIC, STATE OF WI
My Commission expires:
CITY OF MUSKEG0
By:
Wayne G. Salentine, Mayor
By:
Charlotte Stewart, Clerk
STATE OF WISCONSIN)
COUNTY OF WAUKESHA)
)ss.
Personally came before me this day of , 1984, the
above named Wayne G. Salentine, Mayor and Charlotte Stewart, Clerk, to
me known to be- the persons who. executed the foregoing instrument and
acknowledged the same.
NOTARY PUBLIC, STATE OF WI
My commission expires:
THIS INSTRUMENT WAS DRAFTED BY:
Attorney Donald S. Molter, Jr.
916 Clinton Street
Waukesha, WI 53187
P.O. Box 1348
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