CCR19990300
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COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #30-99
AUTHORIZATION TO EXECUTE EASEMENT
LIBRARY
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 St. Luke's Medical Center, Inc. and the City of
Muskego.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the easement in the name of the City.
DATED THIS 23'd DAY OF FEBRUARY , 1999.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #30-99 which was
adopted by the Common Council of the City of Muskego.
2l99jmb
EASEMENT
THIS INDENTURE, made this day of - , 1999,
by and between the ST. LUKE'S MEDICAL CENTER, INC., a Wisconsin
Municipal Corporation, hereinafter referred to as party of the
first part, and the CITY OF MUSKEGO, a Wisconsin Municipal
Corporation, located in Waukesha County, Wisconsin, hereinafter
referred to as party of the second part
WITNESSETH:
WHEREAS, the party of the first part, ST. LUKE'S MEDICAL
CENTER, INC., 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 easement for use by
the general public and for construction, repair, maintenance and
reconstruction of the access improvements.
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, does
quit claim unto the party of the second part, forever, a
permanent access easement for use by the general public and for
construction, repair, maintenance and reconstruction of the
access improvements in the City of Muskego, Waukesha County,
Wisconsin, on, over and in the following described real estate:
SEE ATTACHED LEGAL DE~CRIPTION MARKED EXHIBIT "1"
USE OF LAND
Party of the first part consents to the entry of the general
public and employees, workmen, agents or independent contractors
of party of the second part for and incidental to the
construction, repair, maintenance and reconstruction of said
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
second part, and the statutes of the State of Wisconsin as will 0 not disturb or interfere with such access or prevent ingress, or
egress, thereto by the general public or for the purpose of
construction, repair, maintenance and reconstruction thereof.
Party of the second part shall keep and maintain the access
drive in good condition and repair, including, without
limitation, prompt removal of snow and ice from the access drive,
and shall pay all costs of such maintenance and repair. Party of
the second part covenants and agrees to hold party of the first
part and its officers, employees, agents, contractors and tenants
harmless and indemnified from and against all injuries, damages,
claims and losses to or of any person or property related to or
arising from the use of the access drive, whether negligent or
otherwise, by the party of the second part or its officers,
employees, agents, invitees, contractors or tenants.
THIS INDENTURE, upon its acceptance by the party of the
first part, shall be binding upon and inure to the bcnefit 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.
ST LUKE'S MEDICAL CENTER, INC
BY
BY
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
- )ss. -
Personally came before me this day of , 1999,
the above named , as , and
, as , o< ST. LUKE'S
MEDICAL CENTER, INC., to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
NOTARY PUBLIC, STATE OF WI
My commission expires
-2 -
CITY OF MUSKEGO
- By:
David L De Angelis, Mayor
By :
Jean K Marenda, Clerk
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
ss.
Personally came before me this day of , 1999,
the above named DAVID L. DE ANGELIS, as 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.
NOTARY PUBLIC, STATE OF WI
My commission expires:
THIS INSTRUMENT WAS DRAFTED BY
ARENZ, MOLTER, MACY & RIFFLE, S.C.
Attorney Donald S Molter, Jr.
Waukesha, Wisconsin 53187-1348
720 N. East Avenue, P.O. Box 1348
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i
EXRIGIT “I -
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All that part of Lot 1 of Cercified Survey Map No 5886, recorded on July 7, 1989 in
Volume 48 of Certified Survey Maps on Pages 78-81 as Document No 1543743, being a
part of the NE 1/4 of the SW 1/4 and the SE 1/4 and SW 1/4 Of the NW 1/4 of Section
correcred by Affidavit of Corrections dated June 4, 1996 and recorded on June 7, 19%
lo, T 5 N, R 20 E, City of Muskego, County of Waukesha. State of Wisconsin, as
on Reel 2247, Image 392 a5 Document No 2130878. described as follows
The Southern 30 feet of Parcel 1 of Certified Survey Map No 5886
ALSO starting at the Southeast corner of Parcel 1 of Certified Survey Map No 5886;
thence North along the Easterly property line a distance Of 30 feet to the point of
beginning; thence Wesc aiong a line parallel to the Souih line of Parzel 1, a distance
of 75 feet t3 a point: thence Northeasterly to a point on the East line of Parcel 1
which is 75 feet North of the Southeast corner o€ Parcel 1: thence South along the
~ast llne of Parcel 1, a dis:ance of 45 feet to the point of beginning
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