Loading...
CCR1988023COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #23-88 (As Amended) AUTHORIZATION EXECUTION OF EASEMENT (Bay Lane) WISCONSIN ELECTRIC POWER CO. WHEREAS, the City of Muskego had failed to obtain a Highway Easement from the Wisconsin Electric Company, and WHEREAS, the City has been requested to file an easement, and WHEREAS, the attached agreement has been recommended for approval by the Finance Committee. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the Highway Easement between the City of Muskego and the Wisconsin Electric Power Company, subject to review by the City Attorney. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the agreement in the name of the City. 0 DATED THIS 9th DAY OF February , 1988. FINANCE COMMITTEE Ald. Mitchel Penovich Ald. Edwin P. Dumke Ald. Daniel J. Hilt ATTEST: City Clerk 2/88 ca COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION m-aa AUTHORIZATION EXECUTION OF EASEMENT (Bay Lane) WISCONSIN ELECTRIC POWER CO. WHEREAS, the City of Muskego had failed to obtain,a /i Highway Easement from the Wisconsin Electric Company, and WHEREAS, the City has been requested to file an easement, and WHEREAS, the attached agreement has been recommended for approval by the Finance Committee. NOW, THEREFORE, BE IT RESOLVED that the,Common Council of the City of Muskego, upon the recommendatiyn of the Finance Committee, does hereby approve the Highway Easement between the City of Muskego and the Wisconsin Electric Power Company. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the agreement in the name of the City. / / i' / / DATED THIS DAY OF / , 1988. FINANCE COMMITTEE / Ald. Mitchel Penovich Ald. Edwin P. Dude / Ald. Daniel J. Hilt ATTEST : / City Clerk 2/88 ca / ! THIS AGREEMENT, Made by and between WISCONSIN ELECTRIC POWER COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State of Wisconsin located at Milwaukee, Wisconsin, hereinafter referred to as "Company", and CITY OF MUSKEGO, a municipal corporation, hereinafter referred to as "City., WITNESSETH: THAT the Company, for and in consideration of the sum of $1.00 to it paid, and in further consideration of the conditions and agreements to be observed and performed, does hereby give and grant unto City an easement for a public highway over the hereinafter described strip of land, being a part of the right of way of Company in the Southeast f of Section 10 and the Northeast f of Section 15, Township 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin said strip of land being more particularly described as follows: Commencing at the Southwest corner of said Southeast 4 of Section 101 thence North 87 degrees 48 minutes 11 seconds East along the South line of said Section 10, 450.90 feet! to the point of beginning; thence South 04 degrees 32 minutes Electric Power Company right-of-way; thence North E7 degrees 21 seconds East, 25.02 feet to the South line of the Wisconsin 48 minutes 11 seconds East, 75.05 feet along said South 50.04 feet to the North line of said Wisconsin Electric line; thence North 04 degrees 32 minutes 27 seconds West, minutes 11 seconds West, 75.05 feet along said North liner Power Company right-of-way; thence South 87 degrees 48 thence South 04 degrees 32 minutes 27 seconds East, 25.02 feet to the place of beginning. Said easement area is indicated on the Exhibit "A" attached hereto and made a part hereof. This easement is granted upon the following terms and conditions: 1. The easement herein granted is non-exclusive, and Company reserves unto itself, its successors and assigns, the right, not inconsistent with the rights herein granted, to uas the strip of land for any purpose. It is expressly agreed that the construction, installation, operation, maintenance and replacement of electric lines, gas mains and related facilities, both overhead and underground, upon, over, across, withln and beneath said strip of land, are not uses which are inconsistent with the . 0 the rights of third parties, including Wisconsin Natural Gas Company, its successors and assigns, which have previously been granted rights to place facilities in asid land. It is further agreed that access to Company's lands shall be maintained at all times. 2. It is further understood and agreed between Company and City that in the event it is necessary to reconatruct, modify, replace or relocate poles, wires, anchors or guy wires or other facilities of Company and gas mains and related facilities of Wisconsin Natural Gas Company due to the future highway development or subsequent highway improvements, such reconstruction, modification, replacement or relocation shall be made by Company and Wisconsin Natural Gas Company at the sole cost and expense of City, and City agrees to promptly reimburse Company and Wisconsin Natural Gas Company for the costs and expenses incurred by Company and Wisconsin Natural Gas Company as a result thereof. 3. City shall. in the performance of any and all work relating to the construction or improvement of said highway, while in proximity to electrical conductors, conform to the proviaions and requirements of the Wisconsin Administrative Code, Rules of Department of Industry, Labor and Human Relationa, covering Safety in Construction, Order "Ind. 35.37 Electrical Hazards', and any amendments thereto, and shall at all times comply with the provisions of the Wisconain State Electrical Code, compiled by the Department of Industry, Labor and Human Relations, and the Public Service Commission of Wisconsin, and all amendments thereto. C$ty also agrees to abide by the requirements set forth by Company op the attached Exhibit "8'. 4. City shall protect, indemnify, save and hold harmless the Company and its affiliated corporations and their officers, agents and employes from any and all claims, demands, actions, and all liability, costs and expenses (including attorney's fees1 in connection therewith, which may be made or brought against or incurred by the Company and its affiliated corporations or their -2- officers, agents or employes a8 a result of injury or death of any person (including employes of the Company and its affiliated corporations or City) or damage to any property arising out of or in any way connected with the permission herein given, or Cityre use of the property of Company. 5. This conveyance is given upon the further express condition that City agrees that Company and its property shall be released and exempt from any costs, expenses or assessments of benefits by reason of the opening of such highway, including the paving of the highway, laying of curbs, gutters, culverts, sidewalks, sewers, water mains or the making of other improvements I in said highway. In the event that the foregoing commitment is for any reason held to be invalid or unenforceable, then and in that event, City by the acceptance of thia conveyance, agrees that it will pay Company as additional compensation for the rights herein contained an amount equal to that amount payable by Company under any special tax or assessment in connection with or on nccount of the opening of such highway, including paving, laying of curbs, gutters, culverts, sidewalks, sewers, water mains or the making of other improvements in said highway. 6. City agrees that it will, at its expense, provide such drainage facilities as may become necessary due to the construction of the highway and shall design, construct and & operate said public highway so that no additional storm water will be directed onto or disposed of on Company lands at any time. 7. City agrees that any grading and/or sloping to be done on Company's lands shall provide for slopes no steeper than 4 to 1) and if curbs are installed, all said curbs shall be mountable curbs or driveway openings shall be provided in said curbs at no cost to Company so that Company will have access to its lands at all times. 8. City agrees to restore Company's lands to a condition adequate for convenient maintenance in relation to the surrounding topography. Included, but not limited to, in such restoration -3- .- .* 0 shall be the spreading of topsoil and sowing perennial type grass seed on disturbed and filled areas, replacement of crushed atone surfacing on existing roadways and repair of fences or other damages incurred due to or arising out of the rights herein granted. 9. city shall contact “Diggers Hotline” at (800) 242-8511 at least 3 working days prior to the construction of said public highway in order to determine the location of electric, telephone and gas facilities within Company’a said lands and the applicab$e clearance requirements for work performcd in proximity to such facilities. 10. City agrees to contact Company at 259-6100 within the specified time limits to inform it about the following occurrencest a. At least 7 calendar days prior to the commencement of the project herein permitted. b. Within 7 calendar days after the end of the project herein permitted with a plan for restoration. C. Within 7 calendar days after the restoration has been completed. d. Within 7 calendar days after a lapse of 6 months since City accepted this permit if the project herein permitted has not been undertaken by such date1 within 7 calendar days after each 6 month interval thereafter until the project herein permitted is undertaken. 11. This easement shall not take effect until the same is fully accepted, subject to all ita terms and conditione, by the Common Council of the City of Muskego and is duly executed by the proper officers of the City of Muskego. IN WITNESS WHEREOF, said WISCONSIN ELECTRIC POWER COW’ANY has caused these presents to be signed by its Vice President and attested to by its Assistant Secretary and its corporate seal to be hereunto aEfixed this 20th day of January 1988. and said CITY of MUSKEG0 has caused these presents to be signed by its -4- Mayor and attested to by its City Clerk and its corporate seal to be hereunto affixed this day of ,19-. In Presence of: Maureen Grtggs I WISCONSIN ELECTRIC POWER COMPANY BY R. E. Skogg Vite President ATTEST: BY Assistant Secretary J. /FI Issner CITY OF MUSXEGO ~~ ATTEST: BY City Clerk ~ STATE OF WISCONSIN) . ss MILWAUKEE COUNTY j Personally came before me this 20th day of January I 19B. R. E. Skogg Vice Preaident, and J. W. Fletssner , Assistant Secretary, of the above-named corporation, WISCONSIN ELECTRIC POWER COMPANY, known to me to be the persons who executed the foregoing instrument and to me known to be such Vice President and Aasiatant Secretary of said corporation, and acknowledged that they executed the foregoing instrument as such officers, as the deed of such corporation, by its authority. Notary Public, ozaukeeco., Wis. James D! Zakr’ajshedk I STATE OF WISCONSIN) : ss WAUKESHA COUNTY 1 My commission is oermanent. Personally came before me this day of I 19-, , Mayor and , City Clerk, Of the above-named municipal corporation, CITY OF MUSKEGO, to me known to be the persona who executed the foregoing instrument and to me -5- known to be such Mayor and City Clerk of said municipal corporation and acknowledged that they executed the foregoing instrument as such officers, as the deed of said municipal corporation, by its authority, and pursuant to Resolution No. adopted by its Common Council on I 19”. Notary Public, co., wis. My commission expires Thin instrument was drafted by Michael James on behalf of Wisconsin Electric Power Company. -6- . ._ .. I i ! PLAT OF SURVEY I,. .".D."IC...".I. RUEKERT & MIELKE, INC. ..Y..U& IICO""" PRO?ISSION4L 1NOtNII11 SUIICTOII Legal Delcriptlon Permanent Easement for Road Purpomes ?or8 City of Humkego All thst part of the Sw 1/4 of the SE 114 of Section 10 and the Hw 114 Of the NE 1/4 Of Section 15, Town 5 North, Range 20 East, City of Hu#tego. Waukemha County. Wiaconaln more fully daccrlbed as follows: Commencing at the Southvest corner DE aald SE 114 of section 101 thence N87'48'11' East along the South line of said Section 10, 450.90 South line of the WCPCo rlght-of-way1 thence N87*48'll' Eaat, 75.05 feet1 to the point of beginningl thence S04.32'27' East. 25.02 to the North line of said WEPCo right-of-vayr' thence 887.48'11. West, 75.05 feet along maid South liner thence N04.32'27. We6t. 50.04 foot to the feet slonq said North llnel thencr S04'32'27' Ea6t, 15.02 feet to the place of beginning. EXHEBIT.''A''