CCR1996181a COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #181-96
BETWEEN THE WISCONSIN ELECTRIC POWER COMPANY
AUTHORIZATION TO EXECUTE EASEMENT AGREEMENT
AND CITY OF MUSKEG0
(Champions Drive)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
approve the attached Easement Agreement Between the Wisconsin
Electric Power Company and the City of Muskego for the crossing
of Champions Drive over WEPCO right of way subject to approval of
the City Attorney and City Engineers.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to execute the Agreement on behalf of the City.
DATED THIS 13TH DAY OF AUGUST , 1996.
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SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. David J. Sanders
Ald. Mark Suhr
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #181-96 which was adopted by the Common Council of the
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Ruekert Meke
Professional Engineers RECEIVED
&? Remrered Land Surveyors since 1946
AUG 0 7 1996
August 6, 1996
Mayor David L. De Angelis
City of Muskego
W182 S8200 Racine Avenue
Post Office Box 903
Muskego, WI 53150
RE: WEPCO Easementkause Subdivision
Champions Drive at STH 36
Dear Mayor De Angelis:
Champions Drive.
We have reviewed the easement documents and exhibits from WEPCO for
for your information.
We have attached comments regarding the terms and conditions of the easement
had with this entrance throughout the plan reviews. The easement is only 110 feet wide.
The only real objection we have to the easement is the same objection we have
The curb and gutter is 109 feet wide from back of curb to back of curb. Presuming that
the surveyor accurately stakes the layout and the contractor accurately constructs the
curbs, there will only be 0.5 feet of right-of-way behind each curb.
The Developer's construction plans indicate that grading will occur up to 30 feet
behind the curb.
After the City accepts the development, there will be no room for a sidewalk, bike
path, utilities nor room to reconstruct the curb on an as needed basis.
If there are any questions regarding this matter, please contact our office.
Very truly YGW,
RUEKERT & MIELKE, INC.
Richard Eberhardt, R.L.S.
RAEIsjd
13-92012
Z\USERS~JD\WGRD~OOCOSO5MDLD.DOC
cc: Jean Marenda, Clerk
Enclosure
Don Molter, City Attorney
Michael F. Campbell, Ruekert & Mielke, Inc. File
W219N1812 ROCKWOOD DRIVE
(4141 542-5133
WAUKESHA. WISCONSIN 53188-1 Ill
FAX (414) 542.5631
0 DALE W. ARENZ ~
DONALD S. MOLTER. JR
JOHN P. MACY.
H. STANLEI RIFFLE.
COURl COMY15510NER
COUmCOMHlSSlONER
ERIC 0. SCHLIETER
RICK 0. TRINDL
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LIW OFFlCES OF
ARENZ, MOLTER, MACY ZC RIFFLE, S.C.
720 LI. EAST AVENUE
P 0. BOX 1348
WAUKESHA. WISCONSIN 53187-1348
August 1, 1996
Mayor David L. De Angelis
CITY OF MUSKEG3
Post Office Box 903
Muskego, Wisconsin 53150
Re Krause Subdivision/WEPCO Easement
Dear Mayor De Angelis
On July 31, 1996 I received a faxed copy of a WEPCO easement for the
public street crossing of Champions Drive over Wisconsin Electric fee-
owned right of way. Jean Marenda has advised, per my request, that
that the construction of the street has been completed.
this street has been dedicated to the City as part of a final plat and
electric company and the City Without going into detail, it contains
I have made a general review of the proposed easement between the
the typical provisions in such an electric company easement in that
they retain the right to pretty much do whatever they want within the
easement and if they incur any expenses, the City must pay them. It
also includes certain indemnification for the electric company and a
myriad of requirements as to who to contact if you do any work within
the easement area. There also is attached, but I am not sure if it is
part of the easement or not, something called Contractor's Special
Provisions, which I have not reviewed. It is my understanding that
the engineers will be reviewing this in further detail and will have
comments for you
Sincerely,
ARENZ, MOLTER, MACY & RIFFLE, S C.
DONALD S. MOLTER, JR.
Donald S Molter, Jr.
DSM/~W
cc Ms. Jean Marenda, Clerk
Mr John Loughney
Mr Richard Eberhardt
W/sconsrn Hectrrc
POWER COMPANY
231 W Mlchigan PO Box2046. Milwaukee. WI 53201-2046 (4141 221~2345
July 23, 1996
Jean K. Marenda, City Clerk
City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 531 50-0903
Dear Ms. Marenda:
RE: EASEMENT FOR CHAMPIONS DRIVE; WE FILE 92-215
Enclosed is an easement, in duplicate, for the public street crossing of Champions
Drive over Wisconsin Electric fee-owned right of way. Please have this document
signed by the proper officials of the City of Muskego and return one copy to me.
If you have questions or concerns regarding this matter, please call me at 414-221-
2726. Thank you.
Sincerely
Teresa M. Kochaver
Property Management
f:\winuser\winword\ltrmusk.doc
4p THIS AGREEMENT, made by and between WISCONSIN ELECTRIC POWER COMPANY, a
rporation duly organized and existing under and by virtue of the laws of the State of Wisconsin located
t 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 known as Champions Drive over the hereinafter described parcel of
land, being a part of the transmission line right of way lands of Company in the Company in the
Southwest % and Northwest % of Section 25, Township 5 North, Range 20 East, City of Muskego,
Waukesha County, Wisconsin, said parcel of land being more particularly described as follows:
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 use the strip of land for any purpose.
It is expressly agreed that the construction, installation, operation, maintenance and replacement of
electric lines and related facilities, both overhead and underground, upon, over, across, within and
beneath said strip of land, are not uses which are inconsistent with the rights herein granted, It is also
granted rights to place facilities in said land. It is further agreed that access to Company's lands shall be
agreed that this easement is taken subject to the rights of third parties, which have previously been
maintained at all times. a It is further understood and agreed between Company and City that in the event it is necessary to
reconstruct, modify, replace or relocate poles, wires, anchors or guy wires or other facilities of Company
due to the future highway development or subsequent highway improvements, such reconstruction.
modification, replacement or relocation shall be made by Company at the sole cost and expense of City,
and City agrees to promptly reimbune Company for the costs and expenses incurred by 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 any electric line facilities shall be performed in conformance with the provisions
and requirements of all applicable laws, rules and regulations, including without limitation all laws, rules and
regulations such as O.S.H.A. dealing with safe work practices and the operation of equipment near electrical
lines and equipment. Permittee further agrees to abide by the requirements set forth by Company on the
Exhibit "B attached hereto and made a part hereof.
4. City shall protect, indemnify, save and hold harmless the Company and its affiliated corporations and
their officers, agents and employees from any and all 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 employees as a
result of injury or death of any person (including employees of the Company and its affiliated
corporations or) or damage to any property arising out of or in any way connected with the permission
herein given, or use of the property of Company.
5. This conveyance is given upon the further express condition that City agrees that Company and its
the opening of such highway, including the paving of the highway, laying of curbs, gutters, culverts,
property shall be released and exempt from any costs, expenses or assessments of benefits by reason of
idewalks, sewers, water mains or the making of other improvements in said highway. In the event that
e foregoing commitment is for any reason held to be invalid or unenforceable, then and in that event,
ily. by the acceptance of this conveyance, agrees that it will pay Company as additional compensation CE
WE FILE 92-6215 1 7/23/96
. tax or assessment in connection with or on account of the opening of such highway, including paving,
for the rights herein contained an amount equal to that amount payable by Company under any special
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 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.
9. City shall contact "Diggers Hotline" at least 3 working days prior to the construction of said public
highway in order lo determine the location of electric, telephone and gas facilities within Company's said
lands and the applicable clearance requirements for work performed in proximity to such facilities. (The
current phone number for "Diggers Hotline" is 1-800-242-8511.)
10. City agrees to contact Mr, Jerry Hill of Company at 414-221-4514 or such other phone number as
Company may designate in writing 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 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
the City of Muskego.
conditions, by the Common Council of the City of Muskego and is duly executed by the proper officers of
WE FILE 92-6215 2 7/23/96
IN WITNESS WHEREOF. said WISCONSIN ELECTRIC POWER COMPANY has caused these presents
to be signed by its Manager of Properly Management this 23PD day of SO
CITY OF MUSKEG0 has caused these presents to be signed by its Mayor and attested to by its City
LV 1996, and said
Clerk and its corporate seal to be hereunto affixed this day of , 1996.
WISCONSIN ELECTRIC POWER COMPANY
Michael James
Manager of Property Management
CITY OF MUSKEG0
Mayor
ATTEST,
City Clerk
WE FILE 92-6215 3 7/23/96
0 STATE OF WISCONSIN )
MILWAUKEE COUNTY )
ss
Personally came before me this 23’’ day of JULY
Manager of Property Management, of the above named corporation, WISCONSIN ELECTRIC POWER
, 1996, Michael James,
COMPANY, known to me to be the person who executed the foregoing instrument and to me known to
foregoing instrument as such Manager of Property Management, as the deed of said corporation, by its
be such Manager of Property Management of said corporation. and acknowledged that he executed the
authoritv.
Go w.do&wa
Teresa M.Kochaver
Notary Public, Waukesha County, WI
My commission expires April 16, 1998.
STATE OF WISCONSIN )
COUNr/)
ss
Personally came before me this - day of , 1996, , 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
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.
be such Mayor and City Clerk of said municipal corporation and acknowledged that they executed the
Notary Public, Co.. Wis.
My commission expires
WE FILE 92-6215 4 7/23/96
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WAUKESHA REGION
CONTRACTOR'S SPECIAL PROVISIONS
A. RELATIONS WITH WISCONSIN ELECTRIC POWER COMPANY C'COMPANY'I
without a 72 hour prior notice to Company. In addition, all work under this agreement performed
No work shall be initiated under this agreement in proximity to underground electrical conductors
with any amendments hereto, of O.S.H.A. Safety and Health Regulations for Construction, in
in proximity to energized electrical conductors shall conform to the provisions and requirements.
particular but not limited to subpart 1926,550 and the provisions of the Wisconsin State Electrical
Code and any amendments thereto.
devices and highway signs, will be erected in proximity to said electric lines which will be in
No building or structure or replacements thereof, including lighting standards, signal or control
violation of the provisions of the'above regulations.
B. NAME AND ADDRESS OF COMPANY REPRESENTATIVES
Company representative who may be consulted by PermitteelGrantee and bidders with regard to
utility requirements during construction is Mr Leo Schueller, Regional Engineer, and the
grounding of circuits is Mr, Charles McCaskey, Area Manager, Arrangements must be made at
Company representative with whom contractors may arrange for temporary de-energizing and
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 specifications and these special
provisions.
to utility structures, foundations, adjacent structures, underground installations or property. Any
Grantee/Permittee shall exercise extreme care in the prosecution of this work to prevent damage
damage done by the GranteelPermittee to existing installations during the progress of this work
shall be repaired by GranteelPermittee 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 six-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 power-driven compaction equipment shall not be
used within ten feet of a tower structure.
All embankment work shall be done in such a manner that no direct or indirect pressure
equipment.
will be brought against any portion of the tower structure by the Grantee'slPermittee's
EXHIBIT B PAGE I OF 3
Prior to placing embankment within and around the towers, GranteelPermittee 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 GranteelPenittee use
equipment or materials that would damage the steel work, bolts, or galvanized coating.
After the steel work has been cleaned, GranteelPermittee 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 fill material. 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 of
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 uniformly expanding pattern except that
around any tower leg, both sides shall be compacted simultaneously.
tower base occupied by free water.
GranteelPemittee shall not place any embankment or fill material in an area within the
2. Excavations
When open cut excavation is required in the vicinity of Transmission Structures the
following conditions should be met:
a. The near side of the excavation shall be no closer than 20 feet from the face Of
the structure involved.
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 Distance
Steel towers
Wood H-frames
Steel poles
Single wood poles
4 ft. 1 ft.
4 fl. 1 fl.
3 ft. 1 ft.
2 ft. 1 ft.
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.
EXHIBIT B
d.
piled so as to cause damage to bracing systems).
Excavated material shall not be stored in the immediate area of the tower (i.e..
PAGE 2 OF 3
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.
be submitted to W.E.P.Co. Transmission Engineering for review.
If the above conditions cannot be met. the plans for the proposed project should
3. Additional Reouirements
The GranteelPermittee 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
facilities and injury or death of personnel in connection with the proposed construction
which will be covered by this agreement.
To reimbune 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's 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 GranteelPermittee operations.
That Company reserves the right, permission and authority to cut down and remove or
trim all trees, the mature height of which will exceed fifteen (15) feet and overhanging
branches.
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EXHIBIT B PAGE 3 OF 3