CCR1998230COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #230-98
APPROVAL OF RELEASE OF EASEMENT
Muskego Shopping Center Development L.L.C.
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Public Works Committee, does hereby grant a Release of
Easement, as attached, to Muskego Shopping Center Development, L.L.C.
BE IT FURTHER RESOLVED That Mayor and Clerk-Treasurer are authorized to sign
the documentation in the name of the City.
DATED THIS 24‘h DAY OF NOVEMBER , 1998
SPONSORED BY
PUBLIC WORKS COMMITTEE
Ald. Don Pionek
Ald. Kathy Chiaverotti
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #230-98 which was
adopted by the Common Council of the City of Muskego.
QWK.7”/)4.
Cld-Treasurer
1 1 I98jm b U
REINHART BOERNER VAN DEUREN
NORRIS & RIESELBACH, S.C.
November 9, 1998
Direct Dial:
298-8151
Donald S. Molter, Jr.
&em, Molter, Macy & Riffle, S.C.
720 N. East Avenue
Waukesha, Wisconsin 53187-1348
Dear Mr. Molter: Re: Release of Easement
This fm represents Muskego Shopping Center Development, L.L.C., the
new owner of the property located at S69 W15402 West Janesville Road,
Muskego. We are requesting that the City of Muskego release the 15.00 foot wide
temporary construction easement described in Exhibit '3"' of the attached copy of
recorded Document No. 1228894. I enclose the following: (1) a proposed release
of easement document, which clearly states that the 50.00 foot wide permanent
storm drainage easement described in the same recorded document will remain in
full force and effect; and (2) a copy of Document No. 1228894 which created said
temporary construction easement.
0
If I can be of further assistance in this matter, please call me at 298-815 1
Yours very truly
Jeremy T Wtt
Mw3L58251JTW:JTw
Encs.
1000 Nonh Walcr Street P.O. Box 92900 MIIwaukee. Wlsconsm 53202-0900 Telephone (4141 298-1000 Facfmile (414) 298-8097
Denver. CO Madison. WI Milwaukee. WI
1800) 553-6215
Warhlnglon. O.C.
1202) 393-3636 I3031 831-0909 (608) 229-2200
0 RELEASE OF EASEMENT
This RELEASE OF EASEMENT is granted by the City
of Muskego to Muskego Shopping Center Development,
L.L.C.
RECITALS
1 Muskego Shopping Center Development, L.L.C.
is the owner of certain real property described in Exhibit A
attached hereto (the “Property”).
2. Title to the Property is encumbered by a
15.00 foot wide temporary construction easement granted
to and acquired by the City of Muskego under an easement
agreement dated August 16, 1983 and recorded in Reel
565, Image 387, recorded on September 12, 1983, as
Document No. 1228894, in the Register’s Office in
Waukesha County, State of Wisconsin (the “Temporary
Construction Easement”).
longer in use by the City of Muskego and the City desires to
3. The Temporary Construction Easement is no
release it.
AGREEMENTS
Game and return address:
Jeremy T Whitt, Esq.
Reinhart, Boerner, Van Deuren,
Norris & Rieselbach, S.C.
1000 North Water Street, Suite 2100
Milwaukee, W 53202
MSKC 2167.995
Parcel Identification Number
1 The City of Muskego hereby releases all of its rights, title and interest in and to the
Temporary Construction Easement.
2. This RELEASE OF EASEMENT applies only to the Temporary Construction
Easement. The 50 foot wide permanent storm drainage easement created by the same above-
described Document No. 1228894 remains in full force and effect.
IN WITNESS WHEREOF, the City of Muskego has caused this Release to be duly
executed this - day of ,199-.
CITY OF MUSKEGO
BY BY
Its Its
State of Wisconsin
This instrument was acknowledged before me on 2 199,
by as and
as of the City of Muskego. ..
\
This instrument was prepared by:
[Seal]
( )
Notary Public, State of
My commission
Jeremy T Whitt, Esq.
Reinhart, Boerner, Van Deuren,
1000 North Water Street, Suite 2100
Milwaukee, WI 53202
Noms & Rieselbach, S.C.
MW3U82401TW:JTW I1103/98
EXHTBIT A
Legal Description of Property
All that part ofthe Northwest 1/4 and Southwest 114 of the Southwest 1/4 of Section 2,
Township 5 North, Range 20 East, in the City ofMuskego, County of Waukesha, State of
Wisconsin, bounded and described as follows:
Beginning at the Northwest comer of said Southwest 1/4 Section; thence North 87” 44’ 48” East
along the North line of said 114 Section 1338.45 feet to a point; thence South 00’ 46’ 01” East
along the East line of the West 112 of said 1/4 Section 1128.25 feet to a point on the North line of
lanesville Road (C.T.H. L); thence South 64’ 25’ 29” West along said North line 850.77 feet to a
point; thence South 78” 01’ 46” West along said North line 72.28 feet to a point; thence South
65” 56’ 04” West along said North line 19.61 feet to a point; thence North 06” 04’ 56” West
along the East line of lands excepted in Quit Claim Deed Document No. 1292810 a distance of
145.18 feet to a point; thence South 83” 55’ 00” West along the North line of lands excepted in
Quit Claim Deed Document No. 1292810 and described in Quit Claim Deed Document No.
2202404 for a distance of 299.06 feet to a point on the East line of Moorland Road (C.T.H. 0);
thence North 27” 35’ 16” West along said East line 374.29 feet to a point; thence North 00” 34’
55” West along the West line of said 1/4 Section 1021.44 feet to the point of beginning.
Tax Key No. MSKC 2167,995
ADDRESS: S69 W 15402 Janesville Road
‘\
.\
\
MW3\58240m:JTW 11/03/98 \ 2
THIS INDENTURE, mdde chin /6 day of
by ond between HAROLD DZEKFUSS snd'IONE DIEKFUSS
.hercinefter referred to an party of che first part and CITY OF
HUSKECO, locnted in Waukesha County, Wisconsin., hereinafter referred
to nc party o€ the second part.
.. ..
WHEREAS, the pa'rty of the first part, HAROLD DZEKFUSS
and IONE DIEKFUSS
own 8 parcel of rei1 catite r;nrlxtbnxpamtqrx~lbhet*xpx~*x i
~~~ax~&axpnx~aiA&& uhich is located in the City of
#
I
Huskego and described a6 followe:
SEE ATTACHED LEGAL DESCRIPTION HARKED EXHIBIT "X"
IJIIEREAS, party of the second part has requested from the party
of the first part a permanent eesement for watercourse relocation
purposes including but not limited to construction, repair,
Inaintegancc and reconstruction of the watercourse relocecion;
NOH, lXEREFORE, party of the first part, in consideration of th'e
6um-O€ 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 party, forever, a permanent
easement for uacercourse relocation purposes inc,luding but not
limited to construction, repair, maintenance and reconstruction of the
uaccrcourse relocation in the City of Huskego, Waukesha County, ..
Wisconsin, on, over end in the following described real estate:
SEE ATTACHED LEGAL DESCRIPTION HARKED EXHIBIT ~1
USE OF LAND
Party of the first part concents to the entry of the employeee,
workmen, agents or indcpendenc contractors of party of the second
perc for B'n'd incidencil to che conntr;ction, repelr, meinccndnca,
and rnconatruotion of oaid uatorcource relocacion, but resorva to
themselves the right to make sich use of land included in said
easement, subject to the ordinances of the City of Muskego, the
regulntions of the party of the second part, and the statutee of the
\State of Wisconsin aa vi11 no: distrub or interfere with such
\*atercourse relocation or prevent ingrtse, or egre'ss, thereto for
\he purpose of construction, repair, maintenance and reconstruction
%hei.eof.
OCT 12 '98 16 26
,323/!//
414 796 3888 PRGE E11
part may allow other0 not partieo to thie easement to u6e the
easemenr for the pLrpoaas indiea'ted above.
parr, shill be binding ;pori ind inire to the benefit of the pertie;
hereto, their respective heirs, .cucceasors and asaigns.
..
THIS INDENTURE, kpon itr acceptance by the party of the first
.,I .%.
2
,- , ...
LN UlTNESS WHEREOF, party of the first part ha6 executed chic '..
.. .
indenture the day and year first above written.
HAROLD DIEKFUSS I
e STATE OF WISCONSIN )
)sa.
COUNTY OF UAUKESHA j
r
/
IONE DIEKFUSS
Personally cdme before me this f/- Xd day of
1983, the above named HAROLD
to me known to be the persons who executed the foregoing lnstrumcnt
and acknowledged the same., .11:.
l
NOTARY PUBLIC, MY colnlnission
:.. ......" .? LF... .I
THIS INSTRUMENT WAS DRAFTED. BY:
'\ Attorney Donald S. Molter, Jr.
P! 0. BOX 766
720 Clincon Streec
Waukesha, Wisconsin 53187
-2-
OCT 12 '98 16:26.
...
..
414 796 3888ET-
ClgT FRPllLY 414 796 3888 P. 13/17
The,-y.eat.& of .-the Soutl1.w.es.t of 5e.cti.o p.. 21 ... also the Norchwe8.c .k of the NorthwesC k of Sectipn 11, Toy1,5 Notth,,Range 20 Laat, in
the"City of Muskego, Count{. __ of .. Waukanha. ...... .... . ._ State .. . .. of Wigconsin. ,~XCEPTINC"THEREFKO"t~e"fo Iowing described parcel of land :
~11 chat part of the Southwest .f of Section 2, Tom 5 North, Range
20 East, described as follows, to-witl
Commencing at the cencerlinc of the State Trunk Highwny Number 24 on the West line of the said quarter section, distant North 920.6
feet from che Southuesc corner of the said section, and running thence North 66' 30' East on said cencerline. 330.65 feet to the eoint
of Cornencement of the area herein deacribed; thence North 66' 30
East on said centerline, 200.0 feet; thence North 5' 30' West, 198.2
East, 260.0 feet to the point of cornencement. feet; thence South 84' 30' West, 190.2 feet; thence South 5' 30'
Tax Key Nos. 2167.995 2202.999
1228894 ,. , . :,
TERMANENT STORM DRAINAGE EASEMENT
FOR WATER COURSE IMPROVEMENTS + that-..p.xr-t.,of,. the..So,u_th,w,es_t_..1,/4 of Section ,2, Tow 5 North,
Range 20 East .,.-, ~.i_ty,-af..Mu~-~gp,_.~.a-ukesha tount,y, Wi'sconsin';
being a 50.00 ft. wide strip of land lying Southerly, parallel -
and adjacent to th,e following described line.
Beginning at a point on the West 1f4 line of Section 2, lying South 87' 44' 48" West, 40.00 ft. distant from the Southuest
corner of "Glenbrook", a recorded plat; thence North 87' 44' 48" :
East, along the West 1/4 line of Section 2, 635 ft. more or fJ
less to the Northeast corner of tho West 1/2 of the Southwest
- .. -. ." - .. .-
1/4 of said Section 2 and the point of termination. f
Together wi,th'a 15.00 ft. wide temporary construction easement
scribed 50.00 ft. wide permanent storm drainage easmt+
lying Westerly, Southerly parallel and adjacent to the above d
- -
\