CCR1985321RESOLUTION 11321-85
AUTHORIZE EXECUTION OF EASEMENTS
ST. PAUL’S CHURCH SEWER PROJECT
BE IT RESOLVED that the Common Council of the City of Muskego
does hereby authorize the Mayor and Clerk to execute the le a1
documents necessary to obtain the easement for the St. Paul s
Church sewer extension.
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ATTEST:
City Clerk
11/85
jm
EASEMENT
THIS INDENTURE, made this ___- day of " I
198 - , by and between ST. PAUL'S EVANGELICAL LUTHERAN CHURCH
a/k/a ST. PAUL'S EVANGELICAL LUTHERAN CONGREGATION OF TESS
CORNERS, WISCONSIN a/k/a ST. PAUL'S CONGREGATION OF THE GERMAN
EVANGELICAL LUTHERAN CHURCH "MUSKEGO", and STATE BANK, HALES
CORNERS, 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, ST. PAUL'S EVANGELICAL
LUTHERAN CHURCH a/k/a ST. PAUL'S EVANGELICAL LUTHERAN
CONGREGATION OF TESS CORNERS, WISCONSIN a/k/a ST. PAUL'S
CONGREGATION OF THE GERMAN EVANGELICAL LUTHERAN CHURCH "MUSKEGO",
ovns a parcel of real estate and the party of the first part,
STATE BANK, HALES CORNERS, holds a mortgage on said real estate
located in the City of Huskego and described as follovs:
SEE ATTACHED LEGAL DESCRIPTION HARKED EXHIBIT "X"
WHEREAS, party of the second part has requested from the
party of the first part a permanent easement for sanitary sewer
purposes including but not limited to construction, repair,
maintenance and reconstruction of the sanitary 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 acknovledged and confessed, do
grant and convey unto the party of the second party, forever, a
permanent easement €or sanitary sewer purposes including but not
limited to construction, repair, maintenance and reconstruction
of the sanitary sewer in the City of Muskego, Waukesha County,
Wisconsin, on, over and in the folloving described real estate:
SEE ATTACHED LEGAL DESCRIPTION HARKED EXHIBIT "Y"
- USE OF LAND -
Party of the first part coneente to the entry of the
employees, vorkmen, agents or independent contractors of party of
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the second part for and incidental to the construction, repair
and maintenance and reconstruction of said sanitary sever, 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 sanitary 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 allov 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
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.
ST. PAUL'S EVANGELICAL LUTHERAN
CHURCA a/k/a ST. PAUL'S EVANGELICAL
LUTHERAN CONGREGATION OF TESS
CORNERS, WISCONSIN a/k/a ST. PAUL'S
CONGREGATION OF THE GERMAN
EVANGELICAL LUTHERAN CHURCH "MUSKEGO"
By:
STATE OF WISCONSIN )
COUNTY OF WAUKESAA )
)ss.
By:
Personally came before me this
198 -, the above named
and acknowledged the same.
to me known to be the persons who executed the foregoing instrument
day of
NOTARY PUBLIC, STATE OF WI ny commisaion expires:
- 2-
STATE OF WISCONSIN )
COUNTY OF WAUKESRA
)ss.
STATE BANK, HALES CORNERS
By:
”_
By: - ”
Personally came before me this
1985, the above named __
to me knovn to be the persons who executed IT;: foregoiog instrument
and acknovledged the same.
(:aY of
”
NOTARY PUBLIC STATE OF WI
My commission expires :
-~ __
TEIS INSTRUMENT WAS DRAFTED BY:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY 6 RIFFLE
916 Clinton Street, P. 0. Box 1368
Waukesha, Wisconsin 53187-1348
-3-
Parcel 10
All that part of the Southeast t of the Northeast t of Section 2,
Township 5 No:-th, Range 20 East, in the City of Pluskego, County of
Waukesha, Stayre of Wisconsin, described and bounded as follows, to-
wit :
Commencing at the East 2 comer of the said Section; thence South
89" 49' 45" West on the East-West -t line, 751.58 feet to lands of
Tess Corners Lutheran Church; thence North 1" 32' DO" East on East
line of said lands, 567.64 feet to the center line of State Trunk
Highway "24"; thence ljorth 61" 43' 15" East on said center line,
863.16 feet to intersection LTith the East line of said k Section;
thence South 1" 23' 45" West, 974.46 feet on said East line to rhe
point of cornencement.
Tax Key Nos. 2165.972 - 2165.974
2165.975
2165.999
a "-
"Y 'I
Lomrnencing at the East k corner of Sec. 2, T.5ti., R.ZOE., City
of Huskego, L'eukeshs County, L'isconhin; thence K.00.06'E. On and
along the L'esterly sjde of Fountainwood 3rd Additi0n.a Subdivision
of record, 180.22 feet to the Centerline of Sayroyan Road, said
pbint hiao being the center line of the following described
easement, said easement being 30 feet in width, and measured 15
feet normal to and parallel with said Centerline; thence S.88'14'U.
on and along said Centerline 154.5 feet to the point of termination-
Of said easement.
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ADMISSION OF SERVICE
Due Service of a Copy of:
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE 32.05(2a)
CERTIFICATE OF COMPENSATLON 6 NOTICE OF
” ””
Admitted this day of - , 1985.
ST. PAUL’S EVANGELICAL LUTHERAN
LUTHERAN CONGREGATION OF TESS
CHURCH a/k/a ST. PAUL’S EVANGELICAL
CORNERS, WISCONSIN a/k/a ST. PAUL’S
CONGREGATION OF THE GERMAN
EVANGELICAL LUTHERAN CHURCH “HUSKEGO”
By:
ADMISSION OF SERVICE
Due Service OE a Copy of:
CERTIFICATE OF COMPENSATION 6 NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE 32.05(2a)
""
Admitted this -~ day of , 1985.
STATE BANK, HALES CORNERS
By: ____ ""
AMOUNT OF COMPENSATION PURSUANT
NOTICE OF RIGHT TO APPEAL THE
TO WISCONSIN STATUTE 32.05(2a)
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
Wisconsin Statute 32.05(9) to (13) for appeals from an award
under Wisconsin Statute 32.05(7). For purposes of any such
appeal, the amount of compensation stated in the Certificate
shall be treated as the award and the date the conveyance is
recorded shall be treated as the date of taking and the date of
evaluation.
Dated this day of 9 198"
CITY OF MUSKEG0
_" -
Wayne G. Salentine, Mayor
ATTEST :
Charlotte L. Stewart, Clerk
___ CERTIFICATE OF COMPENSATION
Pursuant to Wisconsin Statute 32.05(2a), this docunent shall
be recorded with the Waukesha County Register of Deeds, Waukesha,
Wisconsin.
That the City of Muskego has acquired a permanent easement
in the property described below p'lrsuant 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 as
fol lows :
St. Paul's Evangelical Lutheran Church a/k/a
St. Paul's Evangelical Lutheran Congregation of
Tess Corners, Wisconsin a/k/a St. Paul's
Congregation of the German Evangelical Lutheran
Church "Muskego"
State Bank, Hales Corners
2. The legal description of the property in which an
easement was acquired is as follows:
SEE ATTACHED DOCUMENT MARKED EXHIBIT "Y"
3. The matter of the interest acquired and the compensation
for such acquisition is as follows:
The matter of the interest acquired is a
permanent easement for sanitary sever purposes.
The amount of compensation is $0.00.
Dated this day of _I 198-.
CITY OF MUSKEG0
ATTEST :
"
Wayne G. Salentine, Mayor
Charlotte L. Stewart, Clerk
This Instrument Was Drafted By:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, HACY h RIFFLE
916 Clinton Street, P. 0. Box 1348
Waukesha, Wisconsin 53187-1348
NOMINAL PAYMENT OR NO PAYMENT PARCEL
Owners: St. Paul's Evangelical Lutheran Church a/k/a St. Paul's
Wisconsin a/k/a St. Paul's Congregation of the German
Evangelical Lutheran Congregation of Tess Corners,
Evangelical Lutheran Church "Xuskego"
Acquisition of: SEE ATTACHED LEGAL DESCRIPTION
Interest Acquired: Permanent Easement for Sanitary
Sewer Purposes
The undersigned owners of lands designed as in the attached
legal description, containing approximately - acres, agree to
accept settlement in the amount of Zero as full payment for the
permanent easement stated, subject to the approval of the City of
Huskego.
The undersigned owners having been fully informed of the
right to have the property appraised, and to receive just
compensation based upon an appraisal, have decided to waive the
right to an appraisal.
The Undersigned owners further state that the decision to
waive the right to an appraisal was made without undue influences
or coercive action of any nature.
It is intended that the instrument of conveyance will be
executed upon presentation by the City of Muskego agents or
representatives.
Dated this day of , 1985.
CHURCH a/k/a ST. PAUL'S EVANGELICAL
ST. PAUL'S EVANGELICAL LUTHERAN
CORNERS, WISCONSIN a/k/a ST. PAUL'S
LUTHERAN CONGREGATION OF TESS
CONGREGATION OF THE GERMAN
EVANGELICAL LUTHERAN CHURCH "MUSKEGO"
By:
By :
lommencing a1 the €as1 4 corner of Sec. 2, T.5ti., R.ZOE.. City
of tluskego, L'aukeshe County, Wisconsin; thence ti.00'06'E. on and
alonE the Vesterly side of Fountainwood 3rd Addition,a Subdivision
of record, 180.22 feet to the Centerline of Sayroyan Road, said
pbint hiso being the center line of the following described
easement, said eabemeot being 30 feet in width, and measured 15
feet normal to and pcrallel vith said Centerline; thence S.BB*lL'U.
on and along said Centerline 154.5 feet to the point of termination
of said easement.
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