CCR19941830 COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #183A-94
Approval of Creation of Easement
(as to Mercury Drive Vacation)
WHEREAS, the Common Council of the City of Muskego will consider
through Resolution #146-94 whether to discontinue and vacate a
road right-of-way on Mercury Drive; and
WHEREAS, if said vacation is approved, the City would require a
drainage, access and utility easement.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Public Works
Committee , does hereby approve the creation of the attached
easement for drainage, access and utility purposes.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
execute the necessary documents in the name of the City.
DATED THIS 13TH DAY OF SEPTEMBER , 1994.
SPONSORED BY:
PUBLIC WORKS COMMITTEE
Ald. Edwin P. Dumke
Ald. Domonic D'Acquisto
Ald. Brian R. Misko
This is to certify that this is a true and accurate copy of
Resolution #183A-94 which was adopted by the Common Council of
the City of Muskego.
9/94 jmb
EASEMENT
THIS INDENTURE, made this ,4fA day of L~F,,+pm~pp 1994,
by and between the CITY OF MUSKEGO, hereinafter referred to as
party of the first part, and the 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, CITY OF MUSKEGO, owns
a parcel of real estate located in the City of Muskego 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 permanent access, utility and drainage
easement for access, utility and drainage purposes including
construction, repair, maintenance and reconstruction of the
drainage and utility improvements and access to other properties.
NOW, THEREFORE, pzty 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, forever, a
permanent access, utilicy and drainage easement for access,
utility and drainage purposes including construction, repair,
maintenance and reconstruction of the drainage and utility
improvement, and access to other properties in the City of
MlJskego, Waukesha County, Wisconsin, on, over and in the
following described re21 estate:
SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "1"
USE OF LAND
Party of the first part consents to the entry of the
employees, workmen, agmts or independent contractors of party of
the second part for and incidental to the construction, repair,
maintenance and reconscruction of said drainage and utility
improvements, but reserge to themselves the right to make such
use of land included ir. 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 drainage and utility
improvements or prevent ingress, or egress, thereto for the
purpose of construction, repair, maintenance and reconstruction
thereof and access to other properties.
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
It is the intention of the City of Muskego to create this
drainage, access and utility easement and not merge said interest
with any other interest thst the City may have in this property
now or in the future; it is further the intention of the City of
Muskego that if it vacates any interest it may have in a public
road, that said vacation will not vacate this easement or any
other easement interest it has in said property unless
specifically indicated in said vacation.
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.
THIS IS NOT HOMESTEAD PROPERTY.
CITY OF
By :
David L De Anqelis, Mayor
renda, Clerk
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
)ss.
Personally came before me this /*/fh day of rs, f. , 1994,
the above named DAVID L. DE ANGELIS, as Mayor, and JEAN K
0 MARENDA, as Clerk, of the CITY OF MUSKEGO, to me known to be the
-2-
the same
Persons who executed the foregoing instrument and acknowledged
DOTARY PUBLIC, STATE OF WI
My commission expires : 4-22- yb
I
THIS INSTRUMENT WAS DRAFTED BY
Attorney Donald S Molter, Jr.
ARENZ, MOLTER, MACY & RIFFLE, S.C.
720 N. East Avenue, P 0 Box 1348
Waukesha, Wisconsin 53187-1348
-3-
'I " E~,i-!liji-l
All that part of Certified Survey hp No. 4862. as recorded fn the Office of the
Segister of Deeda. Waukesha County, Wisconsin. on November 13. 1985. in Volume 39 of
Certified Survey Hnps on Pages 150-159 inclusive. a8 Document No. 1321169. being plrt
of the Northwest 114 of the SOUthveBt 114 of Section 16. Tovn 5 North, Range 20 h~t
and part of the Northeast 114 of the Southeapt 1/4 of Section 17, Town 5 North, bnge
20 &st in the City of Huskego. County Of Waukeshd. State of Viaconein. bounded And
described as fOl1OVB:
Northwest I/& of the Southvest 114 of said Section 16, said point being on the East
Comencing at A point of intersection Of the West line and the South line of the
line of Hercury Drive and the Southveat comer of Certified Survey Hap No. 7364 OS
recorded in the Office of the Register of Deeds; thence South 88O 27' 30' Vest along
the South line of the Northeast 1/4 of the Southeast 1/4 of said Section 17, 72.00
feet to a point on the West line of said Mercury Drive, said point being the Southeast
corner of Certified Survey bp No 7293 as recorded in the Office of the Register of
Deed&. thence North 00" 59' 13' West alcng the Vest line of Mercllry Drive and the East
line of said Certified Survey Hap No. 7293. 366.27 feet to a point of curve; thence
along the arc of a curve to the left. 31.65 feet. radius of 20.00 feet, and a chord
bearing North 46O 19' 39.5' West, 28 65 feet to a point on the South line of Enterprise
~~i~~; thence ~orth 880 19' 5~' hat. 92.2b feet to I point the West line of the
~~~~h~~~~ 111 of the southwent 114 of raid Section 16; thence North 88' 47' 42' East.
19.926 feet to A point on the south line of Enterprise Drive and a point of Curve;
chord bearing South 430 54' lb.5' West. 28 23 feet to a point on the Vest line of the
~~~~h~~~~ 1/& of the Southvest 1/4 of raid Section 16, said point being on the East
line of nerc~ry Drive and the West line of said Certified Survey Map NO. 7364; thence
south 000 59' 13' .&.st. along said East line 366.75 feet to the point of Comencement
.long the arc of a cume to the left, 31.34 feet. radius of 20.00 feet, and A
ADDRESS: PART OF HERCURY DRIVE