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CCR1985138RESOLUTION 11138-85
AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT
(Boszhardt Lane Sewer Project)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
Amended attached hereto and made a part hereof relative to the
authorize the Mayor and Clerk to execute the Agreement As
Boszhardt Lane Sewer Project.
BE IT FURTHER RESOLVED that the City Engineers, Ruekert &
Mielke are hereby directed to bid out this project.
DATED THIS u- DAY OF 3 uuc , 1985.
FINANCE COMMITTEE
Ald. Edwin P. Dumke
ATTEST:
City Clerk
6/85
jm
AGREEMENT
WHEREAS, VICTOR N. LEMKE a/k/a VICTOR LEMKE and BETTY MAE
LEMKE a/k/a BETTY LEMKE, husband and wife, hereinafter referred to
as "LEMKE" and MARGARET LINDHORST, a single person, hereinafter
referred to as "LINDHORST", and the CITY OF MUSKEGO, hereinafter
referred to as "CITY" wish to reach an agreement as to bringing
sewer service to dwellings owned by LEMKE and LINDHORST; and
WHEREAS, the bringing of the said sewer service to the
dwellings in question can be facilitated through the cooperative
efforts of the parties in granting easements, constructing sewer
lines and paying the costs of construction and other related
costs ;
NOW, THEREFORE, for valuable consideration acknowledged by
all parties,
IT IS HEREBY AGREED AS FOLLOWS:
1. LEMKE shall grant at no cost to the CITY a permanent
hereof and marked Exhibit "A-1" and execute the documents attached
utility easement in the form attached hereto and made a part
hereto, made a part hereof and marked Exhibit "A-2"; these
documents shall be executed simultaneously with this document. 0 , 2. LINDHORST by this agreement hereby agrees to pay one-
thlrd (1/3) of the reasonable and necessary cost of maintaining
the present private road in its present gravel condition; said
road described in a document which is recorded in the Office of
the Waukesha County Register of Deeds in Volume 596, Image 424 as
Document No. 377358. That this agreement by LINDHORST is based
now being served and if other users are served in the future, her
upon the fact that three private residences, including hers, are
responsibility for maintenance would change proportionally in
proportion to use of said road.
3. The sewer main in question shall run from the existing
main in Janesville Road alono approximateiy the middle of the
easement described in Exhibit "D" to a point described as MH
(Manhole 1 2.
laterals to the two dwellings located on property owned by them at
their expense within 180 days after construction of the main by
laterals; LINDHORST's lateral from said point will be constructed
the CITY and LEMKE shall be responsible for maintaining said
Exhi bit "X"
by the CITY to the northern edge of said easement described in
and specially assessed to LINDHORST and LINDHORST
agrees to construct the sewer lateral from the end of the City's
construction of the main by the CITY to the LINDHORST dwelling;
construction at LINDHORST's expense within 180 days after
the form, a copy of which is attached hereto, made a part hereof
From said point, LZMKE shall have Constructed sewer
LEMm also agrees to execute a temporary construction easement in
June 17, 1985-LINDHORST and the CITY, by initialling this'
line, approve Exhibit "Y" dated June 17, 1985.
LINDHORST: ; CITY:
. and The CITY shall be responsible for
maintaining the LINDHORST lateral from MH (Manhole) 2 as shown on
Exhibit "D" to the LINDHORST property line after LINDHORST pays
for the construction costs of said lateral; LINDHORST shall at all
times be responsible for maintaining the lateral on the LINDHORST
property.
4. LEMKE and LINDHORST hereby agree to a wavier of Special
assessment notice and hearings under Section 66.60(18), WiS.
Stats. as follows:
WAIVER OF SPECIAL ASSESSMENT NOTICES AND HEARINGS UNDER
SEC. 66.60(18), WIS. STATS.
In consideration of the construction by the City of
Muskego, Wisconsin, of the following proposed public improvement,
described as: sanitary sewer in the easement described in Exhibit
described in Exhibit "D" as MH (Manhole) 2, we, the undersigned,
"A-1" from the sewer main in Janesville Road to the point
hereby admit that this improvement will benefit our property
described in Exhibit "B" and 'IC" attached hereto and made a part
hereof, in the City of Muskego and consent to the levying of
special assessments against our premises under Sec. 66.60, Wis.
Stats., for the cost of this improvement which shall be the same
dollar amount per lineal front foot as charged on the
lateral to LINDHORST from the point described in Exhibit "D" as MH
Project and the actual cost of the
(Manhole) 2, a copy of said exhibit being attached hereto and made
a part hereof and as further described in Exhibit "X" which is
LINDHORST's is 60 feet. That LEMKE's special assessment shall be
also attached hereto; LEMKE's front footage is 67.5 feet and
67.5 feet times the dollar amount per lineal foot charged on the
assessment shall be 60 feet times the dollar amount per lineal
T.adwiP Drive Sewer
Ladwig Drive Sewer Project and LINDHORST's special
foot charged on the Ladwig Drive Sewer Project plus
the actual cost of the lateral to LINDHORST from the point
described in Exhibit "D" as MH (Manhole) 2.
waive all special assessment notices and hearings required by Sec.
In accordance with Sec. 66.60(18), Wis. Stats., we hereby
66.60, Wis. Stats., and we further agree and admit that the
benefit to our properties from the construction of this
improvement is in proportion to the lineal footage thereof.
5. This document shall be recorded with the Waukesha County
Register of Deeds and the obligations of LEMKE and LINDHORST
hereunder shall run with the lands described as stated on Exhibit
"B" and "C" attached hereto and made a part hereof.
Dated this 17th day of June , 1985.
a/k/a VICTO~ LEMKE
Ad,
BETTY m LFL'ME
a/k/a BETTY LEMKE
- 2-
STATE OF WISCONSIN
COUNTY OF WAUKESHA
Personally came before me this 17th day of June ,
1985, the above named VICTOR N. LEMKE a/k/a VICTOR LEMKE and BETTY
MAE LEMKE a/k/a BETTY LEMKE to me known to the pers
executed the foregoing instrument
/ My commission:is permanent.
STATE OF WISCONSIN 1
COUNTY OF WAUKESHA 1
)SS.
same.
CITY OF MUSKEGO CITY OF MUSKEGO
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
)ss.
1985, the above named WAYNE G. SALENTINE and CHARLOTTE L: STEWART
as the MAYOR and CLERK, respectively, of the CITY OF MUSKEGO, to
Personally came before me this 29 day of ,q A V ,
me known to be the persons who executed the foregoing instrument
and acknowledged the same.
CLLLO,, 'fl L&/<L ,;v
NOTAR?# PUBLIC, STATE OF WI
THIS INSTRUMENT WAS DRAFTED BY:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY & RIFFLE
916 Clinton Street
Waukesha, Wisconsin 53186
-3-
"Eshlblt A-1"
(Consisting of four pages)
EASEMENT
I
THIS INDENTURE, made this 17th day of June , 1985
by and between VICTOR N. LEMKE a/k/a VICTOR LEYKE and BETTY YAE
LEMKE a/k/a BETTY LEMKE, husband and wife, hereinafter referred to
as party of the first part and CITY OF MUSKEGO, located in
h'aukesha County, Wisconsin, hereinafter referred to as party of
the second part.
WITNESSETH:
WHEREAS, the party of the first part, VICTOR N. LEMKE a/k/a
VICTOR LEMKE and BETTY MAE LEMKE a/k/a BETTY LEMKE, owns a parcel
of real estate located in the City of Muskego and described as
f 01 1 ows :
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. 0 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, 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, h'aukesha 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,
maintenance and reconstruction of said sewer, 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 0
regulations of the party of the second part, and that statutes of
the State of Eisconsin 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.
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 indicates above.
RESTORATION OF LAND
The party of the second part shall restore the easement area
after the sewer is installed and after any repair or replacement
is done to said sewer line to the condition that existed in the
area prior to each excavation and shall be responsible for the
restoration of said area to such condition after the area has been
back filled and the back fill has stabilized.
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 NHEREOF, party of the first part has executed this
indenture the day and year first above written.
a/k/a VICTOR LEMKE
BETTY &E LEMKE
a/k/a BETTk‘ LENKE
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) 55.
Personally came before me this 17th day of June I
1985, the above named VICTOR N. LEMKE a/k/a VICTOR LWAKE and BETTY
MAE LEMKE a/k/a BETTY LEM~ to me known to be the persons who
executed the foregoing instrument
e THIS INSTRUMENT WAS DRAFTED BY:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY & RIFFLE
916 Clinton Street
h’aukesha, Wisconsin 53186
Parcel 1 I
All that part of the Southwest k of Section 9, Town 5 North. Rangc
Bounded and described as follows:
20 East, City of Muskego, County of Waukesha. State of Wisconsin,
Starting at a point in the center line of the Janesville Plank R .
said point being South 67" 45' West and 247.58 feet distant frornwi,~
on the South t line of said Section 9. 1721.lL feet North of the
South corner of said section thence North 15" 13' West 447.5 feei
inafter described thence South 44" 24' West 33.5 feet thence North
to the place of comencement on the Southerly line of the lot here-
18" 22' West.151 feet thence North 44" 24' East 67.5 feet thence Sou-
18" 22' East 151 feet thence South 44 " 24' West 34 feet to the
ALSO all that land lvinp. between the Northerly line of the above
place of beginning.
described tract and ihe-shore of Little Muskego Lake and included
between the Easterly and Westerly lines of said tract extended to ti-
shore of said lake; also a non-exclusive easement for purpose of ir-
gress and egress over a strip of land 20 feet in width, the center
line of the Janesville Plank Road to the place of commencement on
the Southerly line of the above described tract.
Parcel 2
All that part of the Southwest of Section 9. Town 5 North,
Range 20 East, City of Huskego, County of Waukesha, State of
Wisconsin, bounded and described as follows:
Starting at a point on the center line of the Janesville Plank
Road, said point being South 67" 45' West and 187.5 feet distant
from a point on the South line of said Section 9 which point is
1721.14 feet h'orth of the South corner of said Section 9. thence
North 12' 9 ' West 620.58 feet to the Northwesterly corner of th
so-called Willert lot; thence North 79" 41' East along the Norrhay
line of said Willert Lot as now fenced, 115.5 feet to the fence post
West, 20 feet to the shore of Muskego Lake; thence South 79' 3' West
at the Northeast corner of said Willert Lot; thence North 12" 13'
along the shore of said lake, 136 feet to the Northeasterly corner
of the so-called Larson lot; thence South 18' 22' East along the
Easterly line of said Larson lot, 151 feet to the Southeast corner
of said lot; thence South 44' 24' West along the Southerly line of
said Larson lot and the Southerly line of Panetti lot. to the
Southwesterly corner of said Panetti lot; thence h'orth 18' 22' West
along the Westerly line of said Panetti lot. 151 feet to the shores
of Muskego Lake; thence South 28' 33' West alone the shore of said
Lake, 153.85 feet to the llortheasterly corner of the Treichel lot;
thence South 38" 16' East along the Easterly line of said Treiche:
lot 68.5 feet; thence South 15' 10' East 277.7 feet; thence South
25" 46' East, 142 feet to the center line of said Janesville Plank
Road thence North 67" 45' East 156.30 feet to the place of beginninc,
EXCEPTING that part conveyed in Quit Claim Deed from Victor Lemke ZTG
Bette Lemke, his wife, to City of Muskego. a Municipal Corporation.
dated September 2, 1975 and recorded October 20, 1975 on Reel 143.
Image 843. as Document No. 927769.
FLlRTHER EXCEPTING that part conveyed by Warranty .Deed from Nellie
L. Boszhardt to State Fair Park, Incorporated, a Wisconsin Corporatic
dated April 12, 1944 and recorded August 30, 1944 in Volume 359
Deeds on Page 74, as Document No. 267080 and corrected by Warra
Deed from Nellie L. Boszhardt to State Fair Park, Inc.. dated
January 26, 1945 and recorded January 27. 1945 in Volume 365 of
Jeeds on Pag,e 59C, as Document No. 270963.
Permanent Sanitary Sewer Easement
All that part of the Southwest 1/4 of Section 9, Town 5 North,
Range 20 East, City of nuskego, h'aukesha County, Wisconsin,
being a 25 ft. wide strip of land, the centerline of which is
described as follows: Beginning at the South 1/4 corner of
said Section 9; thence northerly along the South 1/4 line of
Section 9, 1121.14 feet; thence South 61'45' West, along the
centerline of Janesville Road (s.T.H. '24'). 247.58 feet to
the place of beginning; thence North, 15'13' West, 433.00
feet; thence North 47'23' East, 94.00 feet to the point Of
termination. Together with a temporary sanitary sever
construction easement being a 15.00 ft. wide strip Of land
lying Northeasterly and Southezsterly, parallel and adjacent,
to the above described permanent sanitary sewer easement.
(Note: The above described permanent sanitary sewer easement
being along an existing ingress and egress easement of record)
ADKISSION OF SERVICE
Due Service of a Copy of:
CERTIFICATE OF COMPEKSkTION 6 NOTlCE OF
RIGHT TO APPEF.L THE AMOUNT OF COKPENSATION
PURSUANT TO kISCOh’SIh’ STATUTE 32.05 (2a 1
kCimitte6 this 17th day of June , 1985.
a/k/a EETW LEMKE
e NOTICE OF RIGH? TO APFEAL THE
MOUNT OF COKPEKShTlOK PURSUANT
TO KlSCOh’SIK STATUTE 32.05 (Za )
Any person named in the Certificate of Compensation, a copy
of which is attached hereto, may within six (6) months after the
date of the recording of said Certificate appeal from the amount
of Compensation therein stated in the manner set forth in
W’-consin Statute 32.05(9) to (13) for appeals fron an award
un6er Wisconsin Statute 32.05(7). For purposes of any such
appeal, the amount of compensation state6 in the Certificate
shell be treatei as the award and the date the conveyance is
recoro‘ed shall be trested a5 the date of takin? and the date of
el-a 1 uat ion.
Date6 this
A1,TEST:
/
Wayne G. Szlentine, %yor
Charlotte Stewart, Clerk
CER’IIFICbTE. OF CORPEKSP.TIOK
Pursuant to Wisconsin Statute 32.05(2a), thi~ document shall
be recorded with the Kaukesha County Register of Deeds, Kaukesha,
Wisconsin.
That the City of Nuskeao has acquired a permanent easement
in the property described below pursuant to Section 32.05 of the
Wisconsin Statutes.
1. The identity of all persons having an interest of record
in the property immediately prior to its conveyance is 8s
folloh*s:
Victor N. LeTke a/k/a Victor LeTke
6~tty Xae Lexke a/k/E Eette Lmke
2. The leqal description of the property in xhich a
permnent easement End temporary construction easezent V;es
acquire6 is as follows:
SEE ATTACEED D3r_‘U.%NT KLRKED EXHIBIT ”Y”
3. The ratter of the interest acquired and the compensation
for such acquisition i: as fo130h,s: 0 The ratter of the interest acquire6 is perrr.anent
Easement hnd teT:porary construction easen,ent for
sanitary sexier purposes.
The arr80unt of compensation is $0.00.
Dated this 8C/*day of , 198K
OF fiUST;EGO
ATTEST:
Charlotte Stewart, Clerk
This Instrument Was Drafted By:
At-torney Donald S. Molter, Jr.
kRENZ, MOLTER, HACY 6 RIFFLE
916 Clinton Street, P. 0. BOX 1348
Kaukesha, Wisconsin 53187-1348
Permanent Sanitary Sewer Easement
All that part of the Southvest 1/4 of Section 9, Tovn 5 Korth,
Eanoe 20 Erst, City of Ruskego, k'aukesha County, k'isconsin,
being a 25 ft. vide strip of land, the centerline of vhich is
described zs follovs: Beginning at the South 1/4 corner of
said Section 9; tbaence northerly along the South 1/4 line of
Srctjon 9, 1721 .I4 feet; thence South 67'45' k'est, along the
centerline of Janesville Road (S.T.H. '24'). 247.58 feet to
the place of beoinnjng; thence North, 15"13' k'est, 433.00
feet; thence horth 47'23' East, 94.00 feet to the point of
termination. Together vith a terr(porary sanitary sever
construction ~zsen,ent being a 15.00 ft. wide strip of land
lying Northeasterly and ~outheasterly, parallel and adjacent,
to the above described perrr,anent sanitary seser easement.
(Kote: The above described permanent sanjtary sever easement
being along an existing ingress and egress eesement of record)
Owner: Victor N. Lemke a/k/a Victor Lemke an6 betty Kae Lerrlke
a/k/a Betty Lemke
Acquisition of: SEE ATTACHED LEGAL DESCRIPTION
Interest Acquired: Permanent Easement & Temporary Construction
Easement for Sanitary Sewer Purposes
The undersigned owner of lands designed as in the attached
legal description, containing approximately acres, agrees to
accept settlement in the arrJount of Zero ac full p,ymEnt for the
per~anent sanitary sewer ~zsernent state6, subject to the approval
of the City of Muskego.
+
The undersigned owner having been fully inforrrted of the
right to have the property appraised, and to receive just
con,pensation based upon an appraisal, has 6ecided to waive the
right to an Sppraisal.
The undersiqned oLner further states that the 6ecision to
waive the riaht to an appraisal was ma6e witt,out undue influences
or coercive Gction of any rrature.
It is intended that the instrument of cofiueyznce will be
executed upon presentation by the City of Muckeoo aGents or
representatives.
Dated this 17th day of June , 1985.
a/k/a VICTOR' LEXKE
BETTY MAE- LEMKE
a/k/a BETTE LENRE
Exhibit "Y"
Temporary Construction Easement
~~ "" -. . - - - - "~
411 that part of the Southses~ !/4 of Section 9, Town 5
North, Range 20 East, City of ruskego, Xaukesha County,
Wisconsin, being a triangular sh3ped piece of land more
~articularly described as follows:
Conr#encinS at the Southvesterly c3r-.~r of L3t 2s described in
Volume 596, Page 424 of Deeds; t\ence :;orth 47' 23' East
(recorded as North 44' 24' East) along the Southeasterly line
of said Lot, 60.00 feet to the ?laze of the beginning of the
parcel of land hereinafter descrikd; thence xorthwesterly
along the Sorthezsterly line of sai? Lot, 125.00 feet; thence
Sortheast at a right angle to the ;:?vi3.~sly described line,
15.00 feet; thence Southeasterly a1319 a !i?~, 125.60 feet to
the place of bsginning containin3 9.22 azres .nore or less.
0
EXHIBIT ''3" I LZMKE)
Parcel 1
All that part of the Southvest $ of Section 9. Town 5 North. Range
20 East, City of Kuskego. County of Waukesha, State of Wisconsin,
Bounded and described as follows:
Starting at a point in the center line of the Janesville Plank Roa
on the South .t line of said Section 9. 1721.14 feet North of the
South k corner of said section thence North 15' 13' West 447.5 feet
to the place of commencement on the Southerly line of the lot here-
inafter described thence South 44" 24' West 33.5 feet thence North
18" 22' West 151 feet thence North 44" 24' East 67.5 feet thence South
18" 22' East 151 feet thence South 44 " 24' West 34 feet to the
ALSO all that land lying between the Northerly line of the above
place of beginning.
described tract and the shore of Little Huskego Lake and included
betveen the Easterly and Westerly lines of said tract extended to the
shore of said lake; also a non-exclusive easement for purpose of in-
gress and egress over a strip of land 20 feet in uidth, the center
line of the Janesville Plank Road to the place of commencement on
the Southerly line of the above described tract.
All that part of the Southwest of Section 9. Tom 5 North.
Parcel 2
Range 20 East, City of Muskego, County of Waukesha. State of
Wisconsin, bounded and described as follows:
Starting at a point on the center line of the Janesville Plank
Road, said point being South 67" 45' West and 187.5 feet distant
from a point on the South & line of said Section 9 which point is
1721.14 feet North OF the South corner of said Section 9.
North 12" 9 ' West 620.58 feet to the Northwesterly corner oih:t'ee
so-called Willert lot; thence North 79' 41' East along the Northerly
line of said Willert Lot as now fenced, 115.5 feet to the fence post
at the Northeast corner of said Willert Lot; thence North 12" 13'
West, 20 feet to the shore of Huskego Lake; thence South 79" 3' West
along the shore of said lake, 136 feet to the Northeasterly corner
of the so-called Larson lot; thence South 18" 22' East along the
Easterly line of safd Larson lot. 151 feet to the Southeast corner
of said lot; thence South 44' 24' West along the Southerly line of
said Larson lot and the Southerly line of Panetti lot, to the
Southwesterly corner of said Panetti lot; thence North 18' 22' West
along the Westerly line of said Panetti lot. 151 feet to the shores
oE Muskego Lake; thence South 28" 33' West alone the shore of said
Lake, 153.85 feet to the Northeasterly corner of the Treichel lot;
thence South 38' 16' East along the Easterly line of said Treichel
lot 68.5 feet; thence South 15" 10' East 277.7 feet; thence South
25" 46' East, 142 feet to the center line of said Janesville Plank
EXCEPTING that part conveyed in Quit Claim Deed from Victor Lemke and
Road thence North 67" 45' East 156.30 feet to the place of beginning.
Bette Lemke, his vife, to City of Muskego. a Municipal Corporation.
dated September 2, 1975 and recorded October 20, 1975 on Reel 143.
Image 843, as Document No. 927769.
FURTHER EXCEPTING that part conveyed by Warranty .Deed from Nellie
L. Boszhardt to State Fair Park, Incorporated, a Wisconsin Corpora
dated April 12, 1944 and recorded August 30, 1944 in Volume 359 of
Deeds on Page 74. as Document No. 267080 and corrrctsd by Warranty
January 26, 1945 and recorded January 27, 1945 in VoLumr 365 Of
Deed from Nellie L. ~oszhardt to State Fair Park, Inc , dated
Jeeds on Page 594. as Document No. 270363.
c
said point being South 67" 45' West and 247.58 feet distant from a
EXHIBIT "C" (LIKDHORST) a All that part of the South Kest Quarter of Section 9, Town 5 North,
Range 20 East, in the Town of Muskego, bounded and described as
follows: Beginning at a point in the center line of the Janesville
Plank Road, said point being South 67' 45' West, and 247.58 feet
distant from a point on the South Quarter line of said Section 9,
which point is 1721.114 feet North of the South Quarter corner of
said Section; thenrd North 15O 13' Kest, 447.5 feet; thence North
44O 24' East, 34 feet to the place of beginning at the South
Kegterly corner of the Lot hereinafter described; thence North
thence South 44 24 ' Ir'est, 60 feet, thence South 18O 22' East,
44 24 ' East, 68 feet, thence North 18O 22' West, 151 feet,
151 feet to the place of beainning.
ALSO: All the land lyinq between the Northerly line of the above
described tract and the shore of Muskego Lake and included between
the Easterly and Kesterly lines of said tract extended to the Shore
of said lake.
hLS0: An easement for purpose of ingress and egress over a strip
of land 25 feet in width, the center line of which strip is
described as follows: Starting at the point referred to in the
above described prernises as being on the center line of the
Janesville Plank Rcad, thence North 15' 13' Kest, 433 feet, 0 thence North 44O 24' East, 94 feet.
\
L
0
0 .
"Exhibit Y"
(Consisting of five pages)
EASEMENT
THIS INDENTURE, made this 17th day of June
1985, by and between VICTOR N. LEMKE a/k/a VICTOR LEMKE and BETTY
MAE LEKKE a/k/a BETTY LEMKE, husband and wife, hereinafter referred
to as party of the first part and MARGARET LINDHORST, a single
person residing in Waukesha County, Wisconsin, hereinafter referred
to as party of the second part.
WITNESSETH:
WHEREAS, the party of the first part, VICTOR N. LEMKE
, a/k/a VICTOR LEMKE and BETTY MAE LEMKE a/k/a BETTY LEMKE, owns
l a parcel of real estate located in the City of Muskego and described
I. as follows:
SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "X" I
WHEREAS, party of the second part has requested from
the party of the first part a temporary easement over the above
described property for use by the party of the second part in
connection with the construction of a sanitary sewer lateral on
her property to serve a residence located on said property.
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 con-
struction easement over the following described real estate
owned by party of the first part, to-wit:
SEE ATTACHE3 LEGP.L DESCRIPTION MARKED EXHIBIT "Y"
for use by the party of the second part in connection with the
construction of a sanitary sewer lateral
party of the second part; such temporary
on property owned by
easement shall be limited
to use by the party of the second part or any contractor or
contractors employed by her in the construction of a sanitary sewer
lateral upon property owned by the party of the second part, which
sanitary sewer lateral shall be constructed wholly upon property
owned by the party of the second part.
Party of the first part consents to the entry of the
employees, workmen, agents or independent contractors of party
of the second part for the specific uses as hereinabove described.
The parties expressly acknowledge that such temporary
easement shall terminate at such time as the sanitary sewer
lateral is constructed upon premises owned by party of the second 0
part.
The party of the second part shall restore the easement
area after the sewer is installed upon the premises owned by the
party of the second part as herein provided, to the same condition
that such easement area was at the time of the construction of
the sanitary sewer lateral upox the premises owned by the party
of the second part.
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 and shall be limited to the period of time required
for the installation and construction of.the sanitary sewer lateral
upon premises owned by party of the second part as hereinabove
provided.
0
IN WITNESS WHEREOF, party of the first part has executed
this indenture the day and year first above written.
or%. Z6mUd‘ ’
a/k/a Victor Lemke
a/k/> Betty Lemke
STATE OF WISCONSIN)
COUNTY OF WAUKESHA)
: ss
Personally came before me this 17th day Of June
1985, the above named Victor N. Lemke a/k/a Victor Lemke and Betty 0 Mae Lemke a/k/a Betty Lemke to me known to be the persons who
executed the foregoing instrument and acknowledged the same.
I’
AauGesha County, WI / ~y commission is permanent.
.
I
THlS INSTRUMENT DRAFTED BY:
Attorney Clayton A. Cramer
CRAMER, MULTHAUF & CURRAN
316 North Grand Avenue
Waukesha, WI 53186
LXniBIT "x" ( L~!;~~.,
Parcel 1
AI1 that part of the Southwest t of Section 9, TOWTI 5 North. Rang:?
Bounded and described as follows:
20 East. City of Kuskego, County of Waukesha, State of Wisconsin,
Starting at a point in the center line of the Janesville Plank Ro.3.f
said point being South 67" 45' West and 247.58 Feet distant from
on the South line oE said Section 9, 1721.14 Feet North of the
South corner of said section thence North 15" 13' West 447.5 €e*
to the place of cornencement on the Southerly line of the lot h&c-
inafter described thence South 44' 24' West 33.5 feet thence North
18" 22' West 151 feet thence North 44" 24' East 67.5 feet thence SG
18" 22' East 151 feet thence South 44 " 24' West 34 feet to the
place of beginning. AL,so all that land lying between the Northerly line of the above
described tract and the shore of Little HUskzgo Lake and included
between the Easterly and Westerly lines of said tract extended to E',-!
shore of said lake; also a non-exclusive easement for purpose of ix
gress and egress over a strip of land 20 feet in width, the center
line of the Janesville Plank Road to the place of cornencement on
the Southerly line of the above described tract.
Parcel 2
A11 that part of the Southwest 2 of Section 9. Town 5 North.
Range 20 East, City of Muskego, County of Waukesha, State of
Wisconsin, bounded and described as follovs:
Starting at a point on the center line of the Janesville Plank
Road, said point being South 67" 45' West and 187.5 feet distant
from a point on the South + line of said Section 9 which point is
1721.14 feet North of the South t corner of said Section 9. thence
North 12' 9 ' West 620.58 feet to the Morthuesterly corner o€ the
so-called Ufllert lot; thence North 79" 41' East along the Northe c
at the Northeast corner of said Uillert Lot; thence North 12' 13'
line of said Villert Lot as now fenced, 115.5 feet to the fence PC.::
West. 20 feet to the shore of Huskego Lake; thence South 79" 3' We;:
along the shore oE said lake, 136 feet to the Northeasterly corner
of the so-called Larson lot; thence South 18" 22' East along the
Easterly line OF said Larson lot. 151 feet to the Southeast cornzc
of said lot; thence South 44" 24' West along the Southerly line of
said Larson lot and the Southerly line of Panetti lot, to the
Southwesterly corner of said Panetti lot; thence North 18O 22' Wes;
of Muskego Lake; thence South 28" 33' West along the shore of Said
along the Westerly line oE safd Panetti Lot, 151 feet to the shorr..;
Lake, 153.85 feet to the Northeasterly corner of the Treichel lot;
thence South 38" 16' East along the Easterly Line of said Treichel
lot 68.5 feet; thence South 15" 10' East 277.7 feet; thence South
25" 46' East, 142 feet to the center line of said Janesville PlaF~'.,.
Road thence North 67" 45' East 156.30 feet to the place of beginn:!.--.
EXCEPTING that part conveyed in Quit Claim Deed from Victor Led;! '"
Bette Lemke, his wffe, to City of Muskego, a Municipal corpora ti^^.
dated September 2, 1975 and recorded October 20, 1975 on Reel 143.
Image 843, as Document NO. 927769.
FURTHER EXCEPTING that part conveyed by Warranty Deed from Nelli.: L. Boszhardt to State Fair Park, Incorporated, a Wisconsin Corpa. :::.
dated April 12. 1944 and r?corded August 30, 1944 in Volume 359 C
Deeds on Page 74, as Document NO. 267080 and corrected by Warran *
3eed from Nellie L. Boszhardt to State Fair Park, Inc.. dated
January 26, 1945 and recorded January 27. 1945 in Volume 365 Of
defds on Page 596. as Docur?nt No 270963
i
<
.a.
Temgorary Construction Easement
A11 that part of the Southc.~jc :,'4 of Section 9, Town 5
Sorth, Eange 20 East, City of Y~siego, Xaukesha County,
x'isconsin, being a triangular sb23ped piece of Iznd more
;jrticularly described as fo1lo;s:
Ccr~~encin~ at the southvesterly c>r-.er of ~3t 2s described in
Volur'e 536, Fage 424 nf seeds; tience ';3rth 47' 23' East
(reccrded as Korth <4O 24' Ezst) alon3 the Southeasterly line
of said Lot, 60.00 feet to the ?laze of t:,e teginning of the
parcel of land hereinafter descrir.?j; t:ence Korthresterly
along the Korthezsterly line of sa:: ~nt, 125.00 feet; thence
uortheast at a right zn~le Lo the ;:?c:~:sly des~cribed line,
15.00 feet; thence 5outhezs:erly a;>-.; a !i-~e, 125.60 feet to
the place of h?ginning containin.3 0.J2 azres ore or IPSS.
0