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CCR1998154AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #154-98 APPROVAL OF PERMANENT SANITARY SEWER EASEMENT AGREEMENT (Middle School - Crowbar Drive) MUSKEGO-NORWAY SCHOOL DISTRICT DEVELOPMENT BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Public Utilities Committee, does hereby approve the attached Permanent Sanitary Sewer Easement Agreement, as amended, between the City of Muskego and the Muskego-Norway School District for sanitary sewer improvements for the new middle school on Crowbar Drive. BE IT FURTHER RESOLVED That the Mayor is authorized to make any necessary technical changes to the Agreement, in consultation with the City Attorney. BE IT FURTHER RESOLVED That the Mayor and Clerk are hereby authorized to 0 execute the Agreement in the name of the City DATED THIS 11th DAY OF August , 1998. SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. David J. Sanders Ald. Donna M. Woodard Ald. Mark A. Slocomb This is to certify that this is a true and accurate copy of Resolution #154-98 which was adopted by the Common Council of the City of Muskego. PERMANENT SANITARY SEWER EASEMENT AGREEMENT THIS INDENTURE, made this day of , 1998, by and between the CITY OF MUSKEGO. hereinafter referred to as DISTRICT. hereinafter referred to as "CITY", and the MUSKEGO/NORWAY SCHOOL "DISTRICT". WITNESSETH: WHEREAS. the CITY owns a parcel of real estate located in the City of Muskego described as follows: Return To: City of Muskego SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "1" WHEREAS, the DISTRICT has requested P.0. BOX 749 from the CITY a permanent easement for Tax Key No. sanitary sewer improvements including MSKC 77~1 7n7 construction, repair, maintenance and reconstruction of the sanitary sewer improvements. DOLLAR and other good and valuable consideration, the receipt whereof NOW, THEREFORE, the CITY, in consideration of the mum of ONE is hereby acknowledged and confessed, do grant and convey unto the DISTRICT a permanent easement for sanitary sewer improvements including construction, repair, maintenance and reconstruction of the over and in the following described real estate: sanitary sewer in the City of Muskego. Waukesha County, Wisconsin, on, SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "2" UW OF L?UQ or independent contractors of the DISTRICT upon the real estate described on Exhibit 1u2" for and incidental to the construction, repair, maintenance and reconstruction of said sanitary sewer improvements, but reserve to themselves the right to make such use of of Muskego, the regulations of the City of Muskego and the statutes of land included in said easement, subject to the ordinances of the City the State of Wisconsin as will not disturb or interfere with such sanitary sewer improvement or prevent ingress, or egress, thereto for the purpose of construction, repair, maintenance and reconstruction thereof. The CITY shall not construct any building or improvement, or install any paving, over the easement area described herein. The CITY consent8 to the entry of the employees, workmen, agents other9 not parties to this easement to use the easement for the The parties expressly acknowledge that the DISTRICT may allow 0 purposes indicated above. " "- CONSTRUCTION OF SANITARY SEWER IMPROVE- cause to be constructed, at its expense, a sanitary sewer main to CITY specifications under the lands and in substantially the manner described on a doaument attached hereto, made a part hereof and marked Exhibit "3 'I . On or before the 1st day of September, 1999, the DISTRICT shall The sanitary sewer improvement referred to herein shall be a private sanitary sewer improvement and shall be repaired, maintained and reconstructed to CITY specifications as they may from time to time require and as required by this agreement by the DISTRICT at the DISTRICT'S sole expense; provided, however, that if such sanitary sewer improvement is abandoned by the DISTRICT after the CITY offers public sewer service to the DISTRICT through another connection, then the DISTRICT'S repair obligation hereunder shall terminate. INDEMNLTY CITY, its officers, agents and employees from any and all liability, including claims, demands, damages, actions or causes of action, together with any and all losses, costs or expense, including reasonable attorneys' fees in connection with or related thereto, for bodily injury, sickness, disease, death, personal injury (including to employees of the DISTRICT) or damage to property or loss of use Agreement or the acts, errors or omissions of the DISTRICT, its resulting therefrom arising out of or in connection with this employees, agents, contractors or independent contractors (a) prior to the dedication and acceptance of the sanitary sewer main by the CITY, and (b) while entering, exiting or upon the premises included under the permission herein given. The DISTRICT agrees to indemnify, hold harmless and defend the DISTRICT, or upon conneation to the sanitary sewer improvement described herein by any party not affiliated with the DISTRICT with dedicate said improvements to the CITY free of any charge, lien or the consent of the CITY, at no cost to the CITY, the DISTRICT shall encumbrance and upon acceptance of said dedication by the CITY, said sanitary sewer improvement shall become public sanitary sewer improvements and this easement shall terminate. At the CITY'S sole option, upon 30 days written notice to the responsibility to maintain said improvement shall be the CITY'S and the DISTRICT shall have no responsibility to maintain said improvement. Prior to acceptance of said dedication to the CITY, responsibility to maintain said improvement shall be that of the Upon acceptance of said dedication to the CITY, all ownership and DISTRICT. with the land and be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors and assigns. No THIS INDENTURE, upon its acceptance by the DISTRICT shall run -2- parties hereto. amendment hereof shall be binding unless in writing and signed by the and year first above written. IN WITNESS WHEREOF, the CITY has executed this indenture the day THIS IS NOT HOMESTEAD PROPERTY. CITY OF MUSKEGO David L. De Angelis, Mayor Jean K. Marenda, Clerk STATE OF WISCONSIN COUNTY OF WAUKESHA 1 the above-named DAVID L. DE ANGELIS, a8 Mayor, and JEAN K. MARENDA, as Clerk, of the CITY OF MUSKEGO, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Personally came before me this day of , 1998. NOTARY PUBLIC, STATE OF WI My commission expires : 0 IN WITNESS WHEREOF, the DISTRICT has accepted this agreement the day of , 1998. ~ MUSKEGO/NORWAY SCHOOL DISTRICT By: By: STATE OF WISCONSIN COUNTY OF WAUKESHA ) 1 88. Personally came before me this day of , 1998, the above-named , as the MUSKEGO/NORWAY SCHOOL DISTRICT, to me known to be the persons who and , a6 the , of the executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC, STATE OF WI MY commiseion expires: This Instrument Wan Drafted By: Attorney Donald S. Molter, Jr. Arenz. Molter, Macy & Riffle, S.C. Waukesha, Wisconsin 53187-1348 720 N. East Avenue, P.O. Box 1348 -3- S283 MIIA 1998 Asmt Roll Legal Description 12:08:02 05/19/98 Real Property CITY OF MUSKEGO PF/Trxn . 3 File . . . CURRENT (CURRENT ,BANK) 1 OUTLOT 1 LAKE MEADOWS PT NE1/4 Function I (I=Inquiry , U=Update) 2 & G L 1 h 2 SEC 31 TSN WOE - CO~ MSKC - Key 2281207 3 33.521 AC FOR PARK PURPOSES Owner CITY OF MUSKEGO Prop EXHIBIT 1 <PA1> Next Key <PA2> Prev Key <PF5> Listing Notes <PF6> RP/PP <PF2> Name/Address <PF4> Values <PF8> CAMA <PF9> Mnt Log <PF10> Search <PF13> Next 20 Lines <PF14> Prev 20 Lines I <CLD Return to Menu 0 EXHIBIT 2 JAEINKE & JAHNKE ASSOCIATES INC. CONSULTANIS m 0 ENGNEFNNG. PLANNTNG, SUBDMSIONS AND SURVEYING 711 WonMdmd-d wuk- WI s11~2r79 T-: 414-542-1797 Fa%: 414-Y2-7698 April 22, 1998 For: MuakegoPJonvay Middle School Re: 30' Wide Permanent Sanitary Sewer Easement Legal Description: All that part of the Southwest Quartcr (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 31, Town S North, Range 20 Emf City of Muskego, Waukesha County, Wisconsin. bounded and describcd as follows: Commencing at thc northwest comer of said Northeast Quarter (NE 1/41; thence South 02O09'16" East along the west line of said quarter scdion 1628.86 feet to the point of beginning of the land to bc described; thence continuing South 02"09'16" East along said west line 32.48 feet; thence South 69O36'43" East 652.99 feet; thence South 27°30'00" E-65 feet; thenceNorth 83"53'27" d5.77 feet; thence northwesterly 21.23 feet along the arc of a thence Solah 88"14'15" West 144.35 feet; thence Noah 27°30'00" West 212.63 feet; thence North 69O36'43" West 676.99 feet to the placc of beginning. Containing 0.70 acre3 of land. - 0 curve of radius 60.00 feet, center tics to the cant. chord bears North 1 l"53'57" West 21.12 feet; Exhibit 3 JAHNKE G JAHNKE ASSOCIATES INC. 0 CONSULTANTS IN ENGINEERING, PLANNING, SUBDIVISIONS AND SURVEYING Waukeshs. Wisconsin 53188-2479 711 W. Moreland Blvd. Sheet No. 1 2 3 4 5 Telephone: (414) 542-5797 Fax: (414) 542-7690 Proposed Sanitary Sewer Plans For: MuskegoNorway School District City of Muskego, Waukesha County, Wisconsin Title Proposed Sanitary Sewer Location Plan Proposed Sanitary Sewer Plan Proposed Sanitary Sewer Plan Lift Station Details Lift Station Details Description Overall drawing showing sanitary sewer location fiom the proposed middle school to Patricia Cow Plan and Profile drawing showing the proposed sanitary sewer design fkom Patricia Court to a point just east of the existing bike path within Denoon Park Plan and Profile drawing showing the proposed sanitary sewer design fiom a point just east of the bike path within Denoon Park to the proposed middle school Details of the Lift Station Structure Details of the Lift Station Structure The sanitary sewer plans and specifications were delivered to the City of Muskego on June 12, 1998. The Legal description for the 30' wide sanitary sewer easement was faxed to the MuskegoNorway School District and the City of Muskego on May 5, 1998. \ - CITY OF MUSKEG0 W RESOLUTION #154-98 APPROVAL OF SEWER EASEMENT AGREEMENT DEVELOPMENT upon the the attached and the execute the Agreement in the name of the City. SPONSORED BY: PUBLIC UTILITIES C Ald. David J. Sanders Ald. Donna M. Woodard Ald. Mark A. Slocomb This is to certify that this is a true and accurate copy of Resolution #154-98 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 8l98jm PERMANENT SANITARY SEWER EASEMENT AGREEMENT 0 Document No. THIS INDENTURE, made this day of , 1998, by and between the CITY OF MUSKEGO, hereinafter referred to as “CITYn, and the M?JSKEGO/NORWAY SCHOOL DISTRICT, hereinafter referred to aa “DISTRICT”. / WITNESSETH: WHEREAS. the CITY owns a parcel of real estate located in the City of Muskego described as follows: SEE ATTACHED LEGAL DESCRIPTION City of MARKED EXHIBIT “1” 53150 WHEREAS, the DISTRICT has requested from the CITY a permanent easement for sanitary sewer improvements including construction, repair, maintenance and reconstruction of the sanitary sewer improveme t6. pi a DOLLAR and other good and valuable the receipt whereof NOW, THEREFORE, the CITY, in the sum of ONE is hereby acknowledged and convey unto the DISTRICT a permanent including SEE ATTACHED LEGAL MARKED EXHIBIT “2” or independent contractors of T upon the real estate described on Exhibit “2“ for a1 to the construction, repair, maintenance and recon said sanitary aewer improvements, but reserve to he right to make such use of of Muskego, the regulations o f Muskego and the statutes of land included in said easemen 0 the ordinances of the City the State of Wisconsin as will not disturb or interfere with such sanitary sewer improvement or prevent ingress, or egress, thereto for the purpose of construction, repair, maintenance and reconstruction thereof. The CITY shall not construct any building or improvement, or install any paving, over the easement area described herein. The CITY consents to the e employees, workmen, agents The parties expressly acknowledge that the DISTRICT may allow purposes indicated above. others not parties to this easement to use the eaaement for the Z@ 39Ud IIZ68b5bIb 5E;IT 8661/98/8B On or before the day of shall cause to be constructed, at its expense, a sanitary sewer main , 1998, the DISTRICT a document attached hereto, made a part hereof and marked Exhibit "3". to CITY specifications under the lands and in the manner described on The sanitary sewer improvement referred to herein Private sanitary Sewer improvement and shall be and reconstructed to CITY specifications as they require and as required by this agreement by the DISTRICT'S sole expense; provided, however, that Public Sewer service to the DISTRICT through Sewer improvement is abandoned by the the DISTRICT's repair obligation hereunder shall termina?e. INDEMNITY defend the of action, together with any the permission herein given. improvement. Prior to acceptance of said dedication to the CITY, DISTRICT. responsibility to maintain said improvement shall be that of the THIS INDENTURE, upon its acceptance by the DISTRICT shall run with the land and be binding upon and inure to the benefit Of the parties hereto, their respective heirs, successors and assigns. NO amendment hereof shall be binding unless in writing and signed by the 0 parties hereto. E8 39Wd h3WW 83llOW ZN38W .2 - and year first above written. IN WITNESS WHEREOF, the CITY has executed this indenture the day 0 THIS IS NOT HOMESTEAD PROPERTY. CITY OF MUSKEGO David L. De Angeli STATE OF WISCONSIN COUNTY OF WAUKESHA the above-named DAVID L. DE ANGELIS, ae Clerk, of the CITY OF MUSKEGO, to me executed the foregoing inetrument and ) ee. Personally came before me this day of , 1998, LIC, STATE OF WI ieeion expires: IN WITNESS WHEREOF, th ted this agreement the day of USKEGO/NORWAY SCHOOL DISTRICT STATE 0.F WISCONSIN COUNTY OF WAUKESHA ) the above-named MUSKEGO/NORWAY SCHOOL DISTRICT, to me known to be the pereons who and , of the executed the foregoing inetrument and acknowledged the same. ) 88. Personally came befor , 1998, NOTARY PUBLIC, STATE OF WI My commission expires: Attorney Donald S. Molter, Jr. Thie Instrument Was Drafted By: Arenz, Molter, Macy & Riffle, S.C. 720 N. East Avenue, P.O. BOX 1348 Waukeeha, Wisconsin 53187-1348 e -3- b0 33Ud h3UW 83llOW ZN3W S283 M77A 1998 Asmt Roll Legal Description Real Property 12:08:02 05/19/98 PF/Trxn . 3 File . . . CURRENT (CURRENT,-) Function I (I=Inquiry, U=Update) 2 h G L 1 6 2 SEC 31 T5N R20E CITY OF MUSKEGO 1 OUTLOT 1 LAKE MEADOWS PT NE1/4 - ety * ' -. corn MSKC' Key 2281207 Owner CITY OF MUSKEGO Prop <PF2> Name/Address <PAD Next Key <PF4> Values <PA2> Prev Key <PF5> Listing Notes <PF6> W/PP <PF8> CAMA <PFlQ> Search <PF9> Mnt Log <PF13> Next 20 Lines <PF14> Prev 20 Lines <CUD Return to Menu 3 33.527 AC FOR PARK PURPOSES EXHIBIT 2 JAEENKE & JAHNKE ASSOCIATES INC. CONSULTAMS m 0 ENGINEERING. PLANNING, SUBDMSIONS AND SURVEYlNG 11 I Wm Moralad BaJsmd WwkEb4 WI 531862479 T-: 41&-542-mn PIX: 4lCYZ-7698 April 22,1998 For: Muakego/Norway Middle School Re: 30' Wide Permanent Sanitary Sewer Easement Legal Descriptim: All that part of the S Northeast Quarter (NE 1/4) of Section 3 1, Town 5 North, Range 20 Ea& City of Mueke esha County, Wisconsin. bounded and described as foll corner of said Northeast Quarter (NE 114); thence south 02O09' 628.86 feet to the point of beginning of continuing South 02"09'16" East along said west - line 32.48 feet; then O30'00" Ea-65 feet; thence NO& 8 3 fnt dong the arc of a cwe of dus 60.00 feet, center '57" West 21.12 feet: thence South 88'14'1 212.63 feet: thence North 69O36'43" West 676.99 the place of beginnin& Containing 0.70 acres of land. Exhibit 3 JAHNKE G JAHNKE ASSOCIATES INC CONSULTANTS IN ENGINEERING, PLANNING, SUBDIVISIONS AND SURVEYING 711 W. Moteland Blvd. WauLeSha. Wisconsin 53188-2479 elephone: (4141 542-5797 FBI: (411) 542.7698 Proposed Sanitary Sewer Plans For: MuskegoNonvay School Distric City of Muskego, Waukesha County, Wisgonsin d d Sheet No. 1 2 3 Title Ji Proposed Sanitary Se,wer Location Plan /’ f .I Proposed Sanihry Sewer Plan < / Proposed Sanitary Sewer Plan i I’ 4 /’ Lift Station Details Lift Station Details Description Overall drawing showing sanitary sewer location from the proposed middle school to Patricia Court Plan and Profile drawing showing the proposed sanitary sewer design from Patricia Court to a point just east of the existing bike path withii Denoon Park Plan and Profile drawing showing the proposed sanitary sewer design fiom a point just east of the bike path within Denoon Park to the proposed middle school Details of the Lift Station structure Details of the Lift Station Structure The sanitary sewer plans and specifications were delivered to the City of Muskego on June 12, 1998. The Legal description for the 30’ wide sanitary sewer easement was faxed to the Muskego/Nonvay School District and the City of Muskego on May 5, 1998.