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CCR20020130 AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #13-2002 APPROVAL OF JOINT DISTRIBUTION EASEMENT UNDERGROUND TO WISCONSIN ELECTRIC POWER COMPANY BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve the attached permanent Distribution Easement to Wisconsin Electric Power Company, as amended, subject to the approval of the City Attorney and Engineering/Building Inspection Director BE IT FURTHER RESOLVED that the Clerk-Treasurer and Mayor are authorized to execute the Easement in the name of the City DATEDTHIS 8'h DAY OF JANUARY ,2002. SPONSORED BY: Mayor David L. De Angelis This is to certify that this is a true and accurate copy of Resolution #13-2002 which was adopted by the Common Council of the City of Muskego. 1102jmb COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #13-2002 APPROVAL OF JOINT DISTRIBUTION EASEMENT UNDERGROUND TO WISCONSIN ELECTRIC BE IT RESOLVED That the Common Council of the does hereby approve the attached permanent Distribution Power Company subject to the approval of the and EngineeringlBuilding Inspection Director BE IT FURTHER RESOLVED that the Mayor are authorized to execute the Easement in the name of the City/ DATED THIS - Angelis rtify that this is a true and accurate copy of Resolution #13-2002 which was Common Council of the City of Muskego. Clerk-Treasurer 1/02jmb DISTRIBUTION EASEMENT Document Number UNDERGROUND JOINT '9 NO, 263945-1A For good and valuable consideration which CITY OF MUSKEGO, hereinafter warrants to WISCONSIN ELECTRIC POWER COMPANY, WISCONSIN referred to as "grantof. owner of land, acknowledges receipt of, grants and BELL, INC. d/b/a AMERITECH-WISCONSIN AND TIME WARNER ENTERTAINMENT COMPANY, L.P. hereinafter referred to as "grantee", a permanent easement upon, within and beneath a part of grantots land hereinafter referred to as "easement area." The easement area is described as the Northerly 10 feet of the Southerly 25 feet of Granters Premises described as Outlot No. 1 of Certified Survey Map June 1". 2000, in Volume 80 of Certified Survey Maps, on Pages 281 through 8989, recorded in the oftice of the Register of Deeds for Waukesha County on 284 , inclusive, as Document No. 2564742, being a part of the Southeast 1/4 of Section 30, Township 5 North, Range 20 East, City of Muskego, Waukesha County, Wlsconsin. The location of the easement area is described with respect to the grantots land is as shown on the attached drawing marked Exhibit "A, and made part of this document. EFTURN TO: A'SCONSIN ELECTRIC POWER COMPANY PROPERTY RIGHTS 8 INFORMATION GROUP 231 W. MICHIGAN STREET, ROOM ,4252 '0 BOX 2046 WLWAUKEE. WI 53201-2046 MSKC 2280-998-003 (Parcel Identification Number) I. Purpose: The purpose of this easement is to install, maintain and replace underground utility facilities, conduit and cables, electric pad-mounted transformers, electric pad-mounted switch-fuse units, concrete slabs, pedestals, riser equipment, terminals and markers, together with all necessary and appurtenant equipment under and above ground as deemed necessary by grantee, all to transmit electric energy, signals, television and telecommunication services. Trees, 0 bushes, branches and roots may be trimmed or removed so as not to interfere with grantee's use of the easement area. 2. Access: Grantee or its agents shall have the right to enter the grantots land for the purpose of exercising its rights in the easement area. 3. Buildings or Other Structures: The grantor agrees that no structures will be erected in the easement area or in such close proximity to the electric facilities as to create a violation of the Wsconsin State Electrical Code or any amendments to it. 4. Elevation: The grantor agrees that the elevation of the existing ground surface within the easement area will not be altered by more than 4 inches without the written consent of grantee. 5. Restoration: Grantee agrees to restore or cause to have restored the grantots land, as nearly as is reasonably possible, to the condition existing prior to such entry by the grantee or its agents. This restoration, however, does not apply to any trees, bushes, branches or roots which may interfere with grantee's use of the easement area. 6. Exercise of Rights: It is agreed that the complete exercise of the rights herein conveyed may be gradual and not fully exercised until some time in the future, and that none of the rights herein granted shall be lost by non-use. 7. This grant of easement shall be binding upon and inure to the benefit of the heirs, successors and assigns of all patties hereto. 8. Relocation: Provided a 60 day notice, the utility facilities will be relocated due to conflicts with the grantors use of said and provide grantee with an easement to cover said relocation of facilities. Relocation of said facilities will be the sole property; and grantor agrees to provide grantee with a suitable, mutually agreed upon alternate location for such facilities responsibility of the grantee at no cost to the grantor. OUTLOT 1 CSM 8989 10 FOOT WIDE EASEMENT AREA EXHIBIT "A" NOT TO SCALE ID0 DRAWN BY 263945 Outlot 1 of CSM 8989 SE 1/4 Sec. 30 T5N R20E Alex Vojvodich 3EVISIONS City Of Muskego DATE Waukesha County, Wisconsin January 4,2002 Grantor: CITY OF MUSKEG0 BY BY Acknowledged before me in County. Wisconsin on -20 ,by , the and , the of , for the municipal corporation. by its authority. and pursuant to Resolution File No. adopted by its Common Council on Notary Public State of Wisconsin My commission expires (NOTARY STAMPISEAL) ?dala\weUernplate\real estate\ntyrnuni.dot This instrument was drafled by Alex Vojvodich on behalf of Wisconsin Electric Power Company, PO Box 2046, Milwaukee. Wisconsin 53201-2046.