CCR19961820 COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #182-96
AUTHORIZATION TO EXECUTE AMENDMENT TO LICENSE AGREEMENT
BETWEEN THE WISCONSIN ELECTRIC POWER COMPANY
AND CITY OF MUSKEG0
(Access to Horn Park)
WHEREAS, the License Agreement between Wisconsin Electric Power
Company and the City of Muskego needs to be amended to increase
the width of the access road to Horn Park and allow the
installation of a fence along a portion of WEPCO's right of way
west of Pioneer Road; and
WHEREAS, the Finance Committee has reviewed the Amendment to the
License Agreement and recommended approval of the same.
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 attached Amendment - License
Agreement Between the Wisconsin Electric Power Company and the
City of Muskego for access to Horn Park.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to execute the Aareement on behalf of the City. 0 -
DATED THIS 13TH DAY OF AUGUST , 1996.
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
Resolution #182-96 which was adopted by the Common Council of the
City of Muskego.
8/96 jmb
Wrsconsrn Electrrc e POWER COMPANY
231 w. Mlchlgan. PO Box 2046. Mllwoukee. WI 53201-2046 [dUj 221-2345
June 14. 1996
Mr Peter Theis
Parks Director
City of Muskego
Parks and Recreation Department
W182 S8200 Racine Avenue
Muskego, WI 53150-0903
Dear Mr Theis:
RE: AMENDMENT TO LICENSE AGREEMENT; ACCESS TO HORN PARK; CITY OF
MUSKEGO, WAUKESHA COUNTY, WI FILE 950000.129
Pursuant to our recent telephone conversation, enclosed find an Amendment-License
Agreement to increase the width of the access road to Horn Park and allow the
installation of a fence along a portion of this company's fee-owned right of way west of
Pioneer Road.
Please review the subject Agreement and if you approve of same arrange for the
execution of the document. I am also enclosing a copy of the original License
Agreement dated November 9, 1971, for your information.
Both copies of the Amendment-License Agreement should be signed and notarized in
the spaces provided and returned to me for signature of Mr James, Manager of
Property Management, Wisconsin Electric.
0
this matter, please call me at 22'-2718
rfw
enclosure V
AMENDMENT- LICENSE AGREEMENT
THIS AGREEMENT, entered into this -
ELECTRIC POWER COMPANY, a Wisconsin Corporation, located at Milwaukee, Wisconsin, hereinafter
day of , 1996. by and between WISCONSIN
referred to as "Company" and the CITY OF MUSKEGO, a municipal corporation, hereinafter referred to
as 'CITY",
WITNESSETH:
THAT, WHEREAS, on November 9th, 1971, Company granted unto City license and permission for
width being a part of the transmission line right of way of Company in the Northwest 114 of Section 16
public roadway purposes for access to Horn Field from Pioneer Drive over a parcel of land 30 feet in
and in the Southwest I/? of Section 9. in Township 5 North. Range 2C East, City of Muskego. Waukesha
County, Wisconsin, and
WHEREAS, City now requests that the width of the access road be increased from 30 feet to 53 feet to
allow for additional parking of operative vehicles and that the City be allowed to install a 6 foot high
chain-link fence along the south side of said road as highlighted in yellow on the attached drawing
marked Exhibit "A" and made a part hereof by this reference, and
WHEREAS, Company is willing to amend the existing license agreement
NOW, THEREFORE, Company does hereby amend the existing license agreement to facilitate the
parking of operative vehicles and allow for the installation of a fence along the south line of Company
lands upon the following additional terms and conditions:
agents with any overhead or underground electric line facilities of Company located on its premises. it is
1, Non-InterferenceIAccess That there will be no interference by City and/or City's contractors or
further agreed that access to Company's lands shall be maintained at all times.
2. Land Restoration City agrees to restore the lands of Company to the condition existing prior to any
disturbance to such lands as a result of the aforementioned permission. Included. but not limited to. in
such restoration shall be the spreading of topsoil and sowing perennial type grass seed on any disturbed
areas, replacement of crushed stone and/or paved surfacing. replanting of shrubs and other ground
cover and repair of fences or other damages incurred due to or arising out of the permission herein
given.
3. DrainaqdErosion City agrees that there shall be no impairnent of natural or of ins:alled drainage
facilities occasioned by the aforementioned use of Company's lands and/or by the installation. repair,
maintenance or removal of the aforementioned equipment. City further agrees to abide by the State's
sediment during construction alterations of Company property.
"Wisconsin Construction Site Best Manaaement Practice Handbook" for the control of erosion and
work, excavation, or construction on Company's lands in order to determine the location of electric,
4. Diqqers Hotline City shall contact Diggers Hotline at (800) 242-8511 at least 5 days prior to any
telephone and gas facilities within Company's said lands and the applicable clearance requirements for
work performed in proximity to such facilities.
5. Notification City agrees to contact Mr. Jerry Hili at 414/259-6104 at least 7 days prior to the
commencement of the project herein permitted.
maintenance. repair, replacement or removal of its improvements.
6. Permits City shall procure all necessary permits and public authority for the construction, operation.
0 7 ComDliance with Local Ordinances City shall, in the use and occupancy of Company's lands
comply with all laws, ordinances, rules and regulations of the City of Muskego and other governmental
bodies having jurisdiction, over the operation of City's or Company's business or occupation of
Company's lands.
All other terms, conditions and restrictions under the original agreement dated November 9. 1971. shall
remain in full force and effect.
IN WITNESS WHEREOF, said WISCONSIN ELECTRIC POWER COMPANY has caused these presents
to be signed by its Manager of Property Management this - day of
said CITY OF MUSKEG0 has caused these presents to be signed by its
and attested to by its
this day of
Presence Of: WISCONSIN ELECTRIC POWER COMPANY
, 1996. and
and its corporate seal to be hereunto affixed
1996.
BY
LICENSOR
CITY OF MUSKEGO
ATTEST,
LICENSEE
STATE OF WISCONSIN)
MILWAUKEE COUNTY)
ss
Personally came before me this-
Management, of the above-named corporation, WISCONSIN ELECTRIC POWER COMPANY, known to
day of , 1996, Michael James, Manager of Property
me to be the person who executed the foregoing instrument as the deed of said corporation by its
authority.
Notary Public, State of Wisconsin
My commission expires
STATE OF WISCONSIN) @ WAUKESHA COUNW
ss
Personally came before me this - day of , 1996.
, of the above named municipal body corporate. CITY OF MUSKEGO, known
and of said municipal body corporate and acknowledged that
and
to me to be the persons who executed the foregoing instrument and to me known to be such
they executed the foregoing instrument as such officen. as the deed of said corporate body by its
authority.
Notary Public, State of Wisconsin
My commission expires
File No. 950000.129
g:\bu-databs\propeQ\wpirfw\mskgo.doc
This document was drafted by Russell F. Wiegan on behalf of Wisconsin Electric Power Company, P.0
Box 2046, Milwaukee, Wisconsin 53201
I
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.'"?HA? the -any for ind in'canaidektion of the mm of One Dollar - , . . . ., , .. . .. -.., (S1.w) to %paid bp Mty, tie ncbipt wtmrmf is her& acknouledgd, end In
firthe+ oons1demti:tion of thw tarks, condlti& md a&rwmta hareinafter
specified to be kept and perfomad, dma here% avo anci grant unto City licsnae
and pemisaion for piblic r&QBdy~y puposes o& over-a parcel of land thirty (30)
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fast in vldth b&g a part of the tranaaieslon line riat of Ma). of the Camy in
the Northvast onequarter (M) of Section Sixteen (lh), and the Southwest one-quuarter
(m) of Section Nine (9). %unship Five (5) North, Range Tventy (20) %st, City
of huskego, H.tl)rashe County, Wlsconoin, for ingress and egreaa Ira Plonear Drive
to Honn Athletic Fleld, the canter line of aaid thirty (30) foot parcel of lend
being d@soxlbad as follorsr
hxmenclng et a point on the south line of aaid Section Nine (9)
end the north line of said Section Sixteen (16) said point being
tvo hundred aixty-five and seven one-hundredths (265.07) feat resterls of the southeast corner of the southvast quarter of Ssction Nine (9)
end the northanat comer of the northvest quarter Gf Section Sixtean
Nine (7) and the Bald north line of Section Sixteen (16) e distance of (16)l nraning thance westerly along the said south line of Section
four hundred ten (UO) feet tu the and of this daacrip%ion.
This permission la granted upon the follcning toms and conditiolu~
1. The conrpany ressmos unto ltsalf and its succ(Issor~ and assigns
the right to construct, install, operata, maintain end replace electric supply
linea md rolabd facilities, both owximad nnd underground, upon, over, aomae,
within and bsneath the above described land.
2. ihe City shall, in tha perfornvlnce of any end ell work relatiag to
the maintenance or inpmvemmt of said mnduay, uhile in pmdmity to elactrical
conductors, conform to tha provisions and rmiremmts of ths Ulsconnin
Auistratrve code, m1as of nep~tmmt of Indurtrg, Labor and fhnn Relatian3
~~~ering Safety in (!aNtmction.'Order "Ind 35.37 Electrical K6aarde" and any
-mts thereto, and shall et all times comply with the Wisconsin State
meotriccal mde md pnp mendmnte thereto.
3. uty covanmts mh agraas that 'it vtU ini-ify and scve hadass
mPw, its offlcen, directors, agents; amplapaas. suec&~eora end aaaigns, frcm
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md a liabug, loss, d-e, clatma;.cost or srpense of aw nature
whatsoever arising out af or in oonnection with the use of said lands bp city.
its ccntrurtors or mbcontractors, ita or thsi;" employees, &mts or'hdbea,
or~ths general public, pursuant to the~llce&e and permission herain granted.
Clty~.further ~i~&~'liobility md agrees to pay Comppny for dl loss, dmage Ond
e-ee 'iemlting'fmm dhge to or destrnction of Campaw's equipmnt. where
such loan, dmage and/or expense In coused by or incident to tte parformanee Of
any wo& by Civ, itd contr.ctora or subcon&actors, md ita or their emplofeees,
agents and indtses, prrsumt to the llcbnas md perminsion herein granted.
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L. In partial conaideration of and for the cormaitmsnta of Company,
City wFu obtain and maintain in effect during the lue of %is agreement, Public
Liabllig Insurwce covering injury or death to persons in the mount of 8100,000
for each prson end $300,000 for each accident, and pmprty damage in the amount
of $100,000 for each accident and $300,000 for aggregate opration, naming Compaw
an additional insursd, to protect itself and to indepndsntly pmtect Comp~y
against loss because of liability which may be luxpeed upon itself or upon Conrpa~V
for dlmngea became of the injury or death of pbrson or paracna, or becauae
of the damage or destmction of pmperty, cawed by or arising out of the
presence or operations upon said lands by City, ita contractom or mbcontractom,
ita or their employes, agents or inriteen, or the ganeral public, pursuant to the
lloense and panaisslon hemin granted.
5. This license wd pumisaion le glm upon th a*plasa condltlon
that the Company and ita right-of-uqg pmlmrty shall be released, exempt and free
fmm any costs or atraessmenta of any kind or nature by reason of the maintsnance
or impmvement of said maduql and mrther that the Campmy and ita right-of-way
pmprty be releanad, sxsmpt and free from any futum costa or assasamenta of any
kind or ndtum by reason of tha repair, maintenance, use or impmvanent of said
madwqy. In the want that the foregoing codtment ia for any reason held to be
invalid or unenforceable, then and in that event the City by the acceptance of
Dorothy Rossrnanith
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