CCR1995055COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #55-95
AUTHORIZE EXECUTION OF EASEMENT AGREEMENT
WHEREAS, the City of Muskego needs a permanent road easement
Creek East Subdivision; and
from Wisconsin Electric Power Co. for Providence Way in the Plum
WHEREAS, WEPCO has agreed to grant the City said Easement and the
Finance Committee has recommended approval of execution of the
Easement Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby authorize the execution of attached
Agreement with WEPCO which grants the City a permanent road
easement at Providence Way in the Plum Creek East Subdivision.
BE IT FURTHER RESOLVED that the Mayor and
execute said Agreement in the name of the
DATED THIS 28TH DAY OF MARCH I
Clerk are authorized to
city.
1995.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #55-95 which was adopted by the Common Council of the
3/95 jmb
March 15, 1995
Dear Mr, Carity:
RE: WE FILE 93-0283
In October, 1993, Wisconsin Electric granted a Letter of Permission to Carity Land Corp. for the purpose
of installing an improved street prior to granting an easement to the City of Muskego and the subsequent
acceptance of said easement by the City.
A recent inspection reveals that the road installation and surrounding restoration is complete
Paragraph 10. of the Letter of Permission states that "permittee will remove or relocate the aforementioned
installation at its sole cost ii the easement document is not accepted and fully executed by the City of
Muskego on or before December 31, 1994" I am enclosing an easement document, in duplicate, to be
executed by the City of Muskego. Please deliver this document to the City for their acceptance and
execution.
please return one of the fully executed easements to me at the above address at your earliest COnVenienCe.
If YOU have questions concerning this matter, please contact me at the above address or by Calling (414)
2il-2726.
Very truly yours,
Teresa M. Kochaver
Property Management
Enclosures
C: City Clerk, Muskego
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
corporation, hereinafter referred to as "Cw,
Milwaukee, Wisconsin, hereinafter referred to as 'Company, and CITY OF MUSKEGO, a municipal
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 parcel of land, being a pan of the right
of way of Company in the Northwest X of Section 17, Township 5 North, Range 20 East, City of
Muskego, Waukesha County, Wisconsin, said parcel of land being more particularly described as
follows:
Legal description of easement area is set forth 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 use the strip of land for any
purpose. It is expressly agreed that the construction, installation, operation, maintenance and
within and beneath said strip of land, are not uses which are inconsistent with the rights herein granted.
replacement of electric lines and related facilities. both overhead and underground, upon, over, across,
It is also agreed that this easement is taken subject to the rights of third parties, which have previously
been granted rights to place facilities In said land. It is further agreed that access to Company's lands
0 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
due to the future highway development or subsequent highway improvements, such reconstruction,
reconstruct, mod'ty. replace or relocate poles, wires, anchors or guy wires or other facilities of Company
modification, replacement or relocation shall be made by Company at the sole cost and expense of City,
and Ci agrees to promptly reimburse Company for the costs and expenses incurred by Company as a
result thereof.
3. City shall, in the performance of any and ail work relating to the construction or improvement of said
Wisconsin Administrative Code, Rules of Department of Industry, Labor and Human Relations, covering
highway, while in proximity to electrical conductors, conform to the provisions and requirements of the
Safety in Construction, Order "Ind. 35.37 Electrical Hazards'. and any amendments thereto, and shall at
all times comply with the provisions of the Wisconsin State Electrical Code, compiled by the Department
of Industry, Labor and Human Relations, and the Public Service Commission of Wisconsin, and all
amendments thereto. City also agrees to abide by the requirements set forth by Company on the
attached Exhibit "B
4. City shall protect, indemnify, save and hold harmless the Company and its affiliated corporations and
their officers, agents and employes from any and ail claims, demands, actions, and all liability, costs and
expenses (including attorney's fees) in connection therewith. which may be made or brought against or
incurred by the Company and its affiliated corporations or their officers, agents or employes as 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
0 given, or City's use of the property of Company
File No. 93-0283 March 15. 1995
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 0 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 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,
Ci by the acceptance of this 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 account 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. Ci 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. Ci agrees that any grading and/or sloping to be done on Company's lands shall provide for slopes
openings shall be provided in said curbs at no cost to Company so that Company will have access to its
no steeper than 4 to 1, and if curbs are installed, all said curbs shall be mountable curbs or driveway
lands at all times.
8. Ci agrees to restore Company's lands to a condition adequate for convenient maintenance in re-
lation to the surrounding topography. Included. but not limited to, in such restoration shall be the
spreading of topsoil and sowing perennial type grass seed on disturbed and filled areas, replacement of
crushed stone surfacing on existing roadways and repair of fences or other damages incurred due to or
arising out of the rights herein granted.
0 highway in order to determine the location of electric, telephone and gas facilities within Company's said
9. Ci shall contact "Diggers Hotline" at least 3 working days prior to the construction of said public
lands and the applicable clearance requirements for work performed in proximity to such facilities. (The
current phone number for 'Diggers Hotline" is 1-800-2428511.)
10. Ci agrees to contact Company at 2598101 or such other phone number as Company may
designate in wriiing to City within the specified time limits to inform it about the following occurrences:
a. At least 7 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 date; 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 its terms and
conditions, 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 COMPANY has caused these presents
to be signed by its Manager of Property Manager this day of 1995, and said City
of Muskego has caused these
File No. 934283 March 15, 1995
-2-
presents to be signed by its Mayor and attested to by its City Clerk and its corporate seal to be
hereunto affixed this day of , 1995.
In Presence WISCONSIN ELECTRIC POWER COMPANY
BY
Michael James
Manager of Property Management
CITY OF MUSKEG0
BY
Mayor
ATTEST,
BY Ci Clerk
STATE OF WISCONSIN)
MILWAUKEE COUNTY )
Personally came before me this day of
Property Management, of the above-named corporation, WISCONSIN ELECTRIC POWER COMPANY,
Manager of Property Management of said corporation, and acknowledged that he executed the
foregoing instrument as such Manager of Property Management, as the deed of such corporation, by its
authority.
ss
, 1995, Michael James, Manager of
known to me to be the person who executed the foregoing instrument and to me known to be such
File No. 934283
Notary Public, Co., Wis.
My commission
March 15, 1995
-3-
STATE OF WISCONSIN)
MILWAUKEE COUNTY )
Personally came before me this __ day of , 1995, , Mayor
and City Clerk, of the above-named municipal corporation, CITY OF MUSKEGO,
to me known to be the persons who executed the foregoing instrument and to me 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 , 1995.
ss a
Notary Public, Co.. Wis.
My commission expires
This instrument was drafted by T Kochaver on behalf of Wisconsin Electric Power Cornpiny a File No. 930283 March 15, 1995
Ai that part of tho Northwest Ouartar (W 1/4) of SecUon 17. Townrhip 5 North. Range 20 E&
In the C~ty of Musicgo. Woukaaha County. Wisconsin. bounded and dsacnbsd a$ follow,:
Commencing ot V.a canter of toid Sadion 17; thanca South 8821'4g West 107.65 feet to the
pmpad ccntariine of Fomt Clan Drive: thsnca North 1850'2r Weat dong the said cantadins
of the lands herein descnibed: thence Sod 7lYl'W W4 along the *aid south right-of-wry line
177.53 feet Io routh right-of-wry of WiYircoNin Elodrlc Power Compony ond the point of beginning
50.00 faat: thence North 1850'25' Weat 84.75 feet to tho north right-of-wry ha of Wixonsin
Oa?dlc Power bmpany and the aod right-of-wq Una of Jmsmile Rood (CTH .L-): hence North
71'11.g Ea* along anid right-of-wq linp. 100.00 fast thsnm South 1850'2r Ed 84.75
Welt dong raid muth right-of-woy line 50.00 feet to the point of EegiAning.
fed to tha Youth right-of-wq line of Winconain Osctn'c Power Corn any. hence South 71'11'55
Containing 8.474.882 aquora feeeat or 0.19456 kms of land.
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SCALE: 1" = 100'
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:ENTER OF SECTION 17
I
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WAUKESHA fiEGlON
0 CONTRACTOR’S SPECIAL PROVISIONS
A RELATIONS WITH WlSCONSiN ELECTRIC POWER COMPANY fCOMPANYl
No work shall be initiated under this agreement in proximity to underground electrical
conductors without a 72 hour prior notice to Company. In addition, all work under this
agreement performed in proximity to energized electrical conductors shall conform to the
Regulations for Construction, in particular but not limited to subpart 1926.550 and the provisions
provisions and requirements, with any amendments hereto, of O.S.H.A. Safety and Health
of the Wisconsin State Electrical Code and any amendments thereto.
No building or structure or replacements thereof, including lighting standards, signal or control
devices and highway signs, will be erected in proximity to said electric lines which will be in
violation of the provisions of the above regulations.
B. NAME AND ADDRESS OF COMPANY REPRESENTATIVES
Company representative who may be consulted by Perrnittee/Grantee and bidders with regard
to utility requirements during construction is Mr. A J. Vissers, Regional Engineer, and the
Company representative with whom contractors may anange for temporary de-energizing and
grounding of circuns is Mr. Charles McCaskey, Area Manager. Arrangements must be made at
least 15 days in advance, although temporary de-energizing and grounding of circuits may not
always be practical or feasible.
0 C. GENERAL - WORK ON TRANSMISSION RIGHT-OF-WAY (Fee owned and Easement)
All work, including construction of embankment, clearing, grubbing and grading within and
around utility structures shall be subject to Inspection by a Company representative; shall be
conducted and performed in a manner satisfactory to such representative; and shall be in
accordance with the requirements of the plans, standard speciiications and these special
provisions.
Grantee/Permktee shall exercise extreme care in the prosecution of this work to prevent
damage to utility structures, foundations, adjacent structures, underground installations or
property. Any damage done by the Grantee/Pennittee to existing installations during the
progress of this work shall be repaired by Grantee/Permittee at his own expense in a manner
satisfactory to Company.
1. Embankment Materials and Methods of Construction
Material for embankments within and adjacent to the towers shall be free of sod, humus,
wood, or other degradable materials, frozen lumps and shall all pass a sh-Inch ring.
All required construction of embankments within a distance of ten feet of a tower
structure shall be done by hand or with small equipment which is equipped with direct
positive controls, except that work within two feet of a tower member shall be
accomplished entirely with hand-operated tools. Clamshells, drag buckets, or any other
equipment having indirect controls; or powerdriven compaction equipment shall not be
used within ten feet of a tower structure.
EXHIBIT E PAGE 1 OF 3
All embankment work shall be done in such a manner that no direct or Indirect pressure
will be brought against any portion of the tower structure by the Grantee's/Permittee's
equipment.
Prior to placing embankment within and around the towers, Grantee/Permitree shall
clean the steel work to be covered by embankment of all earth, oil, or other foreign
matter in an approved manner, except that In no case shall Grantee/Permittee use
equipment or materials that would damage the steel work, bolts. or galvanized coating.
After the steel work has been cleaned, Grantee/Permittee shall apply a coating of
asphalt-based paint, as approved by the Manager, Construction Services, Wisconsin
Electric Power Company, on all areas which are to be covered by 511 materid. This
protective paint coating shall be applied to the steel work to a height of not less than six
inches above the finished grade.
This asphalt paint coating shall be applied in two separate coats, allowing 12 hours
drying time between applications. Care shall be taken in the construction oi
embankments to avoid damage to the asphalt paint.
All costs of coating the steel tower legs indicated above shall be construed to be
incidental to other contract items and no separate additional payment will be made
thereof.
Compaction of the fill material shall be in accordance with the requirements for Special
Compaction in Subsection 207.3.6.3 of the Standard Specifications. After a layer of
materials has been put into place. compacting work shall begin near the center of a
tower structure and shall be carried out in a unaormly expanding panern except that
around any tower leg, both sides shall be compacted simultaneously.
tower base occupied by free water.
Grantee/Permittee shall not place any embankment or till material In an area within the
2. Excavations
When open cut excavation is required in the vicinity of Transmission Structures the
foilowing conditions should be met:
a. The near side of the excavation shall be no doser than 20 feet from the face of
the structure invoked.
b. That the grade around a structure shall be maintained for a distance of 20 feet in
all directions, as measured at grade perpendicular to the outside face of a steel
structure footing or a wood pole. Grading of ground beyond the edge of the
resulting square or rectangular flat area shall not be steeper than the following
slopes:
Horizontal Vertical
Distance Dlstance
Steel towers
Wood E-frames
Sled poles
Single wood poles
4 n. In
3 n. lft
4ft. It
2 n. 1ft
EXHIBIT 8 PAGE 2 OF 3
C. The excavation must be shored to prevent any loss of material from the area of
the tower foundations to insure retention of structural integrity.
d. Excavated material shall not be stored in the immediate area of the tower (i.e..
piled so as to cause damage to bracing systems).
e. The excavation shall be backfilled with suitable material and thoroughly
compacted.
f. The surface elevation of the excavated area shall be restored to its original
condition and not cause any alteration of the drainage patterns in the area of the
tower.
g. The agency involved should submit plans in advance for any work in the vicinity
of transmission structures.
h. If the above conditions cannot be met, the plans for the proposed project
should be submitted to W.E.P.Co. Transmission Engineering for review.
3. Additional Reauirements
The Grantee/Permittee agrees:
That no explosives will be used on the Company rights-of-way.
To accept liability for damage or the destruction of property. damage to Company
which will be covered by this agreement.
facilities and injury or death of personnel in connection with the proposed construction
To reimburse Company for any facility alternation costs which Company may consider
necessary due to the construction covered by the agreement.
To provide for the retention of access to Company% facilities which would otherwise be
land-locked or an appropriate sum should be offered to Company for this condition
resulting from the construction.
To provide for twenty-four hour access to any substation property.
To restore, to a condition satisfactory to Company, any ground surface which may have
been disturbed by the Grantee/Permittee opemtions.
That Company reserves the right, penission and authority to cut down and remove or
trim all trees, the mature height of which will exceed ffleen (15) feet and overhanging
branches.
MHiBiT B PAGE 3 OF 3