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CCR19951899/95jmb COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #189-95 APPROVAL OF ADDENDUM #4 BETWEEN THE CITY OF MUSKEG0 AND WEPCO WHEREAS, the City of Muskego entered into a License Agreement with Wisconsin Electric Power Company (WEPCO) in 1988 granting the City permission to develop and use a part of WEPCO's right-of-way lands; and WHEREAS, the City has requested permission to amend said License Agreement to allow horseback riding along a portion of the existing recreation trail; and WHEREAS, Addendum #4 to License Agreement was reviewed by the Parks and Recreation Board and the Finance Committee and recommended for approval. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee and the Parks and Recreation Board, does hereby approve the WEPCO. attached Addendum #4 to the original License Agreement with BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to sign the Addendum in the name of the City. DATED THIS 26th DAY OF SEPTEMBER , 1995. SPONSORED BY: FINANCE COMMITTEE Ald. Domonic D'Acquisto Ald. Patrick A. Patterson Ald. David J. Sanders This is to certify that this is a true and accurate copy of City of Muskego. Resolution #189-95 which was adopted by the Common Council of the W/scons/n €/ectr/c POWER COMPANY 211 W M~cn~gon. PO Box 2040, MlIwoukee. Wl 53201-2046 (dlP) 221-2145 September 8, 1995 Mr. Peter Theis Parks Director City of Muskego Parks and Recreation Department W182 S8200 Racine Avenue Muskego, WI 53150-0903 RE: UUSKEGO RECREATION TRAIL EXTENSION; ADDENDUM #3: C/MUSKEGO AND T/VERNON, WAUKESHA COUNTY, WI WE FILE 93-0101 dated September 23, 1988, to use of a portion of the existing Enclosed find Addendum #3, in duplicate, to a License Agreement recreation trail by equestrians. Please review the subject Addendum and if you approve of same arrange for the execution of the document by the proper officials of the City of Muskego. If YOU or others from the city need to discuss this matter further, or by calling 221-2718. Senior Right of Way Agen Property Management enclosures rfw ADDENDUM #4 BY LICENSE AGREEMENT entered into the 23rd day of September, 1988, and Addendums #1, #2, and #3, by and between Wisconsin City of Muskego, hereinafter referred to as "City", wherein Company Electric Power Company, hereinafter referred to as 8tCompany11, and granted City license and permission to develop and use a part of Company's right of way lands for hiking, biking and cross-country skiing for use by the general public in return for City's promise to perform certain obligations and duties, as set forth in said License Agreement. right of way lands available for equestrian uses subject to the UEEREAS, Company and City now desire to make a segment of said terms and conditions of said License Agreement and the additional provisions as set forth in that certain letter to the City dated July 27th, 1995 (copy attached), and execute this Addendum to the License Agreement for the following described property: that portion of Company's St. Martins to East Troy right of way being a part of the Southwest 114 of Section 17 and part of the North, Range 20 East, City of Muskego; and South 112 of Section 18, all in Township 5 part of the Southeast 114 of Section 13, Township 5 North, Range 19 East, City of Muskego, and part of the Northeast 114 of Section 24, Township 5 North, Range 19 East, Town of Vernon, all in Waukesha County, Wisconsin. The general location of said right of way is as shown and highlighted in yellow on the attached plat maps marked Exhibit "A" and made a part hereof. NOW THEREFORE, for and in consideration of the mutual benefit of Company and City, parties hereby agree to amend the subject License Agreement by executing this Addendum allowing horseback riding in that portion of Company's right of way as described above. It is further understood and agreed that all other terms, provisions and conditions as set forth in said License Agreement dated September 23, 1988, as amended by Addendums dated September 9, 1991, June 27, 1994, and March 14, 1995 shall remain in full force and effect. '0 Dated this , 1995. WISCONSIN ELECTRIC POWER COMPANY Michael JamesYManager of BY Property Management CITY OF MUSKEG0 BY BY 89/87/1995 87: 44 4146795671 PARKS EPT PAGE 82 JUly 27, 1995 I(r. Potor Thoie Parku Director City of Huskego Parks and Recreation Department ma2 sa200 Racina Avenue Muekego, OII 53150-0903 mar Kf. Thbeie: REI BQUEETRIlm -1L: C/11)BILW, IRUXPBHA COUMTY, WI 1E TILE 93- 0101 This is in response to your letter datod Wrch 24. 1995, in which tho city of Uuokogo raqueoted permission to amend its current License Agreement with Uieconein EhCtriC Pover Company to allow horseback riding along a portion of the exieting reareation trail as deecribed in Addendum #3 o€ tho subjoct agreement. Please be advised that we have reviewed tha city's plan6 to develop, operate, and mintain an equestrian trail upon company additional +erme, conditions and otipulationo: tight bf vay and approve of such plans oubject to tho folloving 0 1. City ahall contact Diggers Hotline at (800) 242-8511 at least 5 days prior to any work, excavation, or construction on company's lands in order to determine the location of electric, telephone and gae faailities within companyre lands and the applicable clearance requirements for vork performed in proximity to such faailitiea. company in Exhibit *Bn, captioned Contractorla Special 2. City agrees to abide by the 'requirements met forth by Provisions, attaohed hereto. 3. City shall contact Ilr. Jerry Hill at 259-6104 at laaet 7 day8 prior to the commenceaent of the project. 4. A wrking clearance of 11.2 feet muet be maintained betveen construction equipment and energized 138kV conductors. 5. A 20 Zoot clear zona from the face of any electric tranemieeion line atructura must be maintained. 6. Equipment etaging/storing ehall be prohibited on company property during aonstruction of the equestrian trail. 0 7- Epoclflo sign heights and looations mat bs submitted to 09/07/1995 07: 49 4146795671 PARKS DEPT PAGE 03 m. Peter Thois 0 July 27, 1995 €’Age 2 campany for review and approval prior to construction. 8. Any plane to change existing gradam must be submitted to cwpany for review and approval prior to construation. or of installed drainage facilitiea ocea8 on& by the we of 9. City agrees that there ahall be no airment of natural i”s CmpUlp*8 lUd8. 10. City .grow to restore the lande of company to the condition urimting prior to any disturbance of much lands resulting from or relatod to said conetruction. 11. In the event it in nocesmry for oompany to reconrrtruct, protect, modify, adjuet, replace or relocate its facilities due to the proposed use of aompany*s land8 by city, city agreea to promptly reimburse company for wmta incurred by company for ouch work. 12. Equemtriano chall not be allowed to ride horaes at full gallop and must use a walking gait when meeting pedeetrians or bikere on trail. propooed culvert and appropriate erosion and sedimentation 13. Care ohall bo oxercieed in the installation of the control nhall be utilized. All other construction and maintenance activities shall be don. 60 am to minimize land clearing and potential erosion. 14. The term of the agreement shall be for a period of 1 year year to year bade thereafter. and reviewed at the end of the firat year and extended on a 15. All other terms, provioiom and conditione as met forth subsequent addendums shall remain in full force and effect. in the original Licmaa Agreement dated September 23, 1988 and . queetione concerning this matter, please feel free to contact me at Should you or others with the city of. Huskego have any further the abo* drese or by calling 271-2718. Senior Right of Way Age Property Management cc: Ur. Jery Rill Ur. Leo N. Schueller Rr. Charles P. McCaskey krn”LTII 89/87/1995 87: 44 4146795671 PAWS EPT PAGE 84 0 0 UHIBK E PME 1 OF3 PmS DEPT PAGE a5 0 0 a EXHIBIT B 4n 4n 3n 2h PAOE 2 OF 3 09/07/1995 07: 44 4146795671 PAWS DEPT PAGE 06 Former St. Martins-East Troy R/Y ot keyed on\local tax roll. I Trans. Line Land Burlington R/W) ormer St. Martins- I I Former St. MartiAs-Burlington R/U I %€ keyed on local tax roll. I 0 ORIGINAL SHEET DATED: 6/25/92 REVISIONS: REAL ESTATE DEPT. REDDI-REFERENCE INDEX YAUKESHA COUNrY CITY OF MUSKEGO R. 20 E. HAP NUMBER MILY METRO SOUTH REGION T. 5 N. . . C REPRODUCED WITH PERMISSION OF ROCKFORD MAP PUBLISHERS. INC. ROCKFORD. lL ORIGINAL SHE I keyed on local tax roll : I i*& I DATED: 6/25/92 REVISIONS: REAL ESTATE DEPT. REDDI-REFERENCE INDEX YAUKESHA COUNTY CITY OF MUSKEGO R. 19 E. MP NUMBER T. 5 N. MILH METRO SOUTH REGION . ..