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CCR1997270COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #270-97 Approval of Creation of Easement (as to Larkspur Road) WHEREAS, the Common Council of the City of Muskego will consider through Resolution #271-97 whether to discontinue and vacate a road right-of-way on Larkspur Road; 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, does hereby approve the creation of the attached easement for drainage, access and utility purposes. BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are City. authorized to execute the necessary documents in the name of the DATED THIS 25th DAY OF NOVEMBER , 1997. SPONSORED BY: Mayor David L. De Angelis Deferred 11/11/97 This is to certify that this is a true and accurate copy of Resolution #270-97 which was adopted by the Common Council of the City of Muskego. 11/97 jep EASEMENT THIS INDENTURE, made this 2&' day Of n//?,dp, 1994; by and between the CITY OF MUSKEGO, hereinafter referred to as party '0 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, party 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, utility and drainage easement for access, utility and drainage purposes including construction, repair, maintenance and reconstruction of the drainage and utility 0 Muskego, Waukesha County, Wisconsin, on, over and in the improvement, and access to other properties in the City of following described real estate: SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "1" USE OF LAND Party of the first part consents to the entry of the employees, workmen, agents or independent contractors of party of the second part for and incidental to the construction, repair, maintenance and reconstruction of said drainage and utility improvements, but reserve to themselves the right to make such use of land included in said easement, subject to the ordinances of the City of Muskego, the regulations of the party of the not disturb or interfere with such drainage and utility second part, and the statutes of the State of Wisconsin as will purpose of construction, repair, maintenance and, reconstruction improvements or prevent ingress, or egress, thereto for the 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. drainage, access and utility easement and not merge said interest It is the intention of the City of Muskego to create this with any other interest that 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 other easement interest it has in said property unless road, that said vacation will not vacate this easement or any 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. -7 CITY OF MUSKEGO I David L?be Angelis, Mayor By: 2 ,947, Jn? ///' Uh er STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) )SS. Personally came before me this day of/f&&?&& 1997 0 MARENDA, AS Clerk-Treasurer, to me known to be the persons who the above named DAVID L. DE ANGELIS, as Mayor, and JEAN K. executed the foregoing instrument and acknowledged the same. THIS INSTRUMENT WAS DRAFTED BY: Attorney Donald S. Molter, Jr. ARENZ, MOLTER, MACY & RIFFLE, S.C. 720 N. East Avenue, P.O. BOX 1348 Waukesha, Wisconsin 53187-1348 easement.a EXHIBIT "1" All that part of Larkspur Road adjacent to LOT 1 BLKK 24 HALE the NE 1/4 of the SE 1/4 of Section 1, Town 5 North, Range 20 PARK HIGHLANDS ADDITION NO. 3, being a subdivision of a part of East, and all that part of vacated South 124 Street adjacent to said Larkspur Road, bounded and described as follows: Commencing at the southeast corner of said LOT 1 BLOCK 24; thence southwesterly 110 feet along the arc of a curve, center chord which bears S 77052'46'' W, a chord distance of 109.18 feet lying to the south, with a radius of 260.00 feet, and with a to the southwest corner of said LOT 1; thence S 30O51'59" E, 30.23 feet to a point in the centerline of said Larkspur Road; thence north easterly 93.82 feet along the arc of a curve center lying to the south, with a radius of 230.00 feet, and with a chord that bears N 78O18'54" E, a chord distance of 93.17 feet to a point; thence due east 60.00 feet to the east line of said 1/4 section; thence due north, along said line, 30.00 feet to a point; thence due west 60.00 feet to the southeast corner of said LOT 1 and the point of beginning. Containing 4,857 square feet. All that part of Larkspur Road adjacent to LOT 2 BLOCK 27, HALE PARK HIGHLANDS ADDITION NO. 3, being a subdivision of a part of the NE 1/4 of the SE 1/4 of Section 1, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Northeast corner of said LOT 2; thence due East 60.00 feet to a point on the east line of said 1/4 section; thence due North 30.00 feet to a point; thence due West 60.00 of a curve, center lying to the south, with a radius of 230.00 feet to a point; thence southwesterly 93.82 feet along the arc distance of 93.17 feet to a point; thence S 30O51'59" E, 30.30 feet, and with a chord which bears S 78018'54'' W, a chord northeasterly 77.63 feet along the arc of a curve center lying feet to a point on the north line of said LOT 2; thence which bears N 78°52'52" E, a chord distance of 77.15 feet to the to the south, with a radius of 200.00 feet, and with a chord Containing 4,370 square feet. northeast corner of said LOT 2; and the point of beginning. EASEMENT THIS INDENTURE, made this day of 1994, by of the first part, and the CITY OF MUSKEGO, located in Waukesha and between the CITY OF MUSKEGO, hereinafter referred to as party 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. the sum of ONE DOLLAR and other good and valuable consideration, NOW, THEREFORE, party of the first part, in consideration of the receipt whereof is hereby acknowledged and confessed, do grant and convey unto the party of the second part, forever, a permanent access, utility and drainage easement for access, maintenance and reconstruction of the drainage and utility utility and drainage purposes including construction, repair, improvement, and access to other properties in the City of 0 Muskego, Waukesha County, Wisconsin, on, over and in the following described real estate: SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "1" USE OF LAND Party of the first part consents to the entry of the employees, workmen, agents or independent contractors of party of maintenance and reconstruction of said drainage and utility the second part for and incidental to the construction, repair, use of land included in said easement, subject to the ordinances improvements, but reserve to themselves the right to make such 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 that 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. 0 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 MUSKEG0 By : David L. De Angelis, Mayor By : Jean K. Marenda, Clerk-Treasurer STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) )SS. Personally came before me this day of , 1997 0 MARENDA, AS Clerk-Treasurer, to me known to be the persons who the above named DAVID L. DE ANGELIS, as Mayor, and JEAN K. executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC, STATE OF WI My Commission expires: THIS INSTRUMENT WAS DRAFTED BY: Attorney Donald S. Molter, Jr. ARENZ, MOLTER, MACY & RIFFLE, S.C. 720 N. East Avenue, P.O. Box 1348 Waukesha, Wisconsin 53187-1348 easement.a EXHIBIT "1" All that part of Larkspur Road adjacent to LOT 1 BLOCK 24 HALE the NE 1/4 of the SE 1/4 of Section 1, Town 5 North, Range 20 PARK HIGHLANDS ADDITION NO. 3, being a subdivision of a part of East, and all that part of vacated South 124 Street adjacent to said Larkspur Road, bounded and described as follows: Commencing at the southeast corner of said LOT 1 BLOCK 24; thence southwesterly 110 feet along the arc of a curve, center chord which bears S 77O52'46" W, a chord distance of 109.18 feet lying to the south, with a radius of 260.00 feet, and with a to the southwest corner of said LOT 1; thence S 30O51'59" E, 30.23 feet to a point in the centerline of said Larkspur Road; thence north easterly 93.62 feet along the arc of a curve center lying to the south, with a radius of 230.00 feet, and with a chord that bears N 76O18'54" E, a chord distance of 93.17 feet to a point; thence due east 60.00 feet to the east line of said 1/4 section; thence due north, along said line, 30.00 feet to a point; thence due west 60.00 feet to the southeast corner of said LOT 1 and the point of beginning. Containing 4,857 square feet. All that part of Larkspur Road adjacent to LOT 2 BLOCK 27, HALE PARK HIGHLANDS ADDITION NO. 3, being a subdivision of a part of the NE 1/4 of the SE 1/4 of Section 1, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Northeast corner of said LOT 2; thence due East 60.00 feet to a point on the east line of said 1/4 section; thence due North 30.00 feet to a point; thence due West 60.00 feet to a point; thence southwesterly 93.82 feet along the arc of a curve, center lying to the south, with a radius of 230.00 distance of 93.17 feet to a point; thence S 30O51'59" E, 30.30 feet, and with a chord which bears S 78O18'54" W, a chord northeasterly 77.63 feet along the arc of a curve center lying feet to a point on the north line of said LOT 2; thence which bears N 78O52'52" E, a chord distance of 77.15 feet to the to the south, with a radius of 200.00 feet, and with a chord Containing 4,370 square feet. northeast corner of said LOT 2; and the point of beginning.