CCR2003239COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #239-2003
~ APPROVAL OF CONVEYANCE OF RIGHTS IN LAND
TO WAUKESHA COUNTY
WHEREAS, In conjunction with the Janesville Road Reconstruction project being done,
Waukesha County must acquire easement rights from the City of Muskego.
NOW. THEREFORE BE IT RESOLVED That the Common Council of the City of
Muskego does hereby approve the Conveyance of Rights in Land as identified to
Waukesha County and the Lump Sum Agreement for Payment for Lands or Interests in
Land Acquired from Public Utility.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign said documents in the name of the City.
DATED THIS 11th DAY OF November .2003.
SPONSORED BY
,"- Mayor Mark A. Slocomb
This is to certify that this is a true and accurate copy of Resolution #239-2003 which
was adopted by the Common Council of the City of Muskego.
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~K h1~ Cler - reasurer
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Daniel M. Finley
County Executive
Richard A. Bolte, P.E.
Director of Public Works
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October 31, 2003
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DEPÀRTMENT OF PUBLIC WORKS
Sean McMullen
The City of Muskego
W182 S8200 Racine Ave
Muskego WI 53150-0749
HE: "CTH L, Janesville Road
Moorland Road Intersection
Project I.D. 00-2380(11 )(A)(C)(D)
Dear Mr. McMullen:
The Waukesha County Department of Public Works is currently appraising and acquiring property for the
above referenced project. We would like to acquire easement rights from the City of Muskego.
Reimbursement will be made for facilities presently located on private property which will require adjustment.
Attached for your approval and execution are the following documents:
1. Conveyance of rights in land identified as Parcel Number 202 and 204
2. Right of way plats showing the location of your facilities in relation to the proposed right of way for the
highway.
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3.
4.
Audit agreement providing for the reimbursement of the associated utility relocation work.
Associated plans and cross sections were previously provided to you by URS.
5. Brochure entitled "The Rights of Landowners Under Wisconsin Eminent Domain Law".
In connection with the conveyance agreement, you are authorized to prepare the detail plans and estimates for
the anticipated relocation work. The plans should show both the present affected facility and the relocated or
replaced facility. Please provide a stationing tie with the highway plans so the location can be identified.
The estimate should be based on the "Code of Federal Regulations 23, Part 645, Subpart A- Utility
Relocations, Adjustment and Reimbursement", with the appropriate credits indicated for used life, salvage and
betterments, and should follow standard utility accounting practices.
We would appreciate the receipt of two (2) copies of the executed documents and sets of the plan and
estimate exhibits by December 31,2003. PLEASE CONTACT US IMMEDIATELY IF THIS DEADLINE
CANNOT BE MET.
Should you have any questions, please contact Karen Braun of our office at (262) 896-8538 or (262) 424-9032.
Sincerely,
RAB/KLB/blk
Enclosures
R.Q.l.a . ßrAr.
Richard A. Bolte, Director
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1320 Pewaukee Road
Waukesha, Wisconsin 53188
Phone: (262) 548-7740
Pax: (262) 896-8097
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Document No.
CONVEYANCE OF RIGHTS IN LAND
ED660 195 s.84.09(1) Wis.Stats.
",- \lVEYANCE OF RIGHTS IN LAND, Made by The City of Muskego, grantor,
I,oreby grants Waukesha County, Wisconsin for the sum of $1.00 (one dollar) and
other valuable consideration acknowledged hereby to be payment in full for the
easement and rights here in conveyed, and for all damages, including the relocation
or other alteration of certain transmission lines and supporting structures and the
right to cross, traverse, or otherwise occupy with a public highway certain lands in,
on or over which the grantor holds prior rights by virtue of title, easement, license, or
other legal device. The said lands are situated in Waukesha County, Wisconsin,
and are shown on the map marked Plat of Right of Way Required for Project I.D. 00-
2380(11 )(A) , 00-2380(11)(C) and 00-2380(11 )(D), filed by the grantee with the
County Clerk and County Highway Committee of the said county as required by
Section 83.08(1), Wisconsin Statutes.
Legal Description:
All that part of Section 2, Town 5 North, Range 20 East, City of Muskego,
Waukesha County, Wisconsin and that part of the Northwest % of Section 1
Town 5 North, Range 20 East, City of Muskego, Waukesha County,
Wisconsin described in the documents listed as attachment uA-:
This grant is made for the purposes of constructing, operating, and
maintaining a public highway and appurtenant facilities on, over, under or across such lands.
. .
The grantor reserves to itself the right to cross, traverse, or otherwise occupy these lands with the present and future overhead or
underground transmission line and appurtenant facilities and supporting structures in a manner consistent with the purpose of this
grant, provided, however, that the costs of any relocation or alteration of said transmission lines, appurtenant facilities, or supporting
structures when required by the grantee for any reason, including accommodating expanded or additional highway facilities on or
-..r:ross said lands, will be paid by the grantee, and provided further that the costs of such relocation or alteration, or of the installation
lew or additional facilities when done at the instance of and for the purposes of the grantor, will be defrayed by the grantor.
This grant shall be binding on the grantor, grantee, and their successors or assigns.
Acknowledgment
The City of Muskego (Date)
County )ss.
(Signature) On the above date, this instrument was acknowledged before me by the
(Signature, Notary Public, State of Wisconsin) (Print Name)
(Print or Type Name, Notary Public, State of Wisconsin)
(Signature)
(Date Commission Expires)
(Print Name)
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Project I.D. 00-2380(11 )(A)(C)(D) This instrument was drafted by Waukesha County Parcel 202 and 204
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EXHIBIT "A"
CTH L East County Line to CTH 0 Project 00-2380( 11)
The City of Muskego Parcels 202 and 204
Recorded in Volume 613 as Page 178 and Document Number 386189 dated 5/19/53 and recorded
9/16/53 at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Volume 613 as Page 181 and Document Number 386190 dated 5/16/53 and recorded
9/16/53 at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Volume 613 as Page 188 and Document Number 386192 dated 5/19/53 and recorded
9/16/53 at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Volume 613 as Page 194 and Document Number 386194 dated 5/19/53 and recorded
9/16/53 at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Volume 613 as Page 200 and Document Number 386196 dated 5/5/53 and recorded 9/16/53
at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Volume 613 as Page 203 and Document Number 386197 dated 5/4/53 and recorded 9/16/53
at the Waukesha County register of Deeds, Waukesha County Wisconsin
. Recorded in Volume 613 as Page 206 and Document Number 386198 dated 5/16/53 and recorded
9/16/53 at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Volume 613 as Page 209 and Document Number 386199 dated 5/4/53 and recorded 9/16/53
at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Volume 613 as Page 216 and Document Number 386201 dated 5/16/53 and recorded
9/16/53 at the Waukesha County register of Deeds, Waukesha County Wisconsin
-- Recorded in Volume 613 as Page 222 and Document Number 386203 dated 5/16/53 and recorded
9/16/53 at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Volume 613 as Page 225 and Document Number 386204 dated 5/16/53 and recorded
9/16/53 at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Volume 613 as Page 228 and Document Number 386205 dated 5/16/53 and recorded
9/16/53 at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Volume 613 as Page 235 and Document Number 386207 dated 5/16/53 and recorded
9/16/53 at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Volume 613 as Page 238 and Document Number 386208 dated 5/16/53 and recorded
9/16/53 at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Volume 613 as Page 242 and Document Number 386206 dated 5/5/53 and recorded 9/16/53
at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Volume 613 as Page 244 and Document Number 386210 dated 5/16/53 and recorded
9/16/53 at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Volume 1241 as Page 179 and Document Number 795285 dated 8/6n1 and recorded
8/24/71 at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Reel 708 as Image 98 and Document Number 1317248 dated 9/18/85 and recorded
10/17/85 at the Waukesha County register of Deeds, Waukesha County Wisconsin
Recorded in Reel 661 as Image 472 and Document Number 128304 dated 9/13/84 and recorded 3/15/85
at the Waukesha County register of Deeds, Waukesha County Wisconsin
LUMP SUM AGREEMENT FOR PAYMENT FOR LANDS OR
INTERESTS IN LANDS ACQUIRED FROM PUBLIC UTILITY
,-.'21 92
WAUKESHA COUNTY DEPARTMENT OF PUBliC WORKS
This Agreement is made and entered into by and between the Waukesha County Department of Public Works
hereinafter designated as the DEPARTMENT, and the The City of Muskego, a Municipal Corporation hereinafter
designated as the COMPANY, to provide for the Lump sum payment in the amount of $ for lands or
interests in lands being acquired from the COMPANY in connection with a highway improvement designated: Project
and Parcel
Project 1.0. 00-2380(11 )(A)(C)(D) Parcel 202 and 204
Said parcel is included in the DEPARTMENT's Order and map filed with the Clerk as required by Section 83.09(1),
Wisconsin Statutes.
Waukesha County
WITNESSETH: WHEREAS the COMPANY now has facilities located on the aforesaid parcel lands, and the
DEPARTMENT has requested the COMPANY to remove, relocate, rebuild or otherwise rearrange said facilities in order that
these lands may be vacated to the extent required for the designated highway improvement
NOW, THEREFORE, it is mutually agreed as follows:
. The COMPANY will convey to the DEPARTMENT, by separate instrument, the parcel of land or land interests identified
above.
~. Thè COMPANY agrees to remove, relocate, rearrange or rebuild its facilities situated on said parcel as required by the
QEPARTMENT to construct and operate the above-described highway improvement.
I lie work necessary for this purpose is indicated in the Exhibit attached hereto and made a part hereof. The Exhibit consists
of a statement of the work and proposed schedule for its accomplishment, the estimate of cost, plans and special provisions,
if any.
The work shall be performed under normal COMPANY practices and the costs thereof computed and determined in
accordance with the work order accounting procedure prescribed or approved for the COMPANY by the regulatory agency
having jurisdiction, including applicable provisions of the Code of Federal Regulations 23, Part 645, Subpart A - Utility
Relocations, Adjustments, and Reimbursement. Credits for anticipated salvage and accrued depreciation, if any have been
provided in the same amount and computed in the same manner as if the work were being undertaken at the expense and
volition of the COMPANY.
~. The DEPARTMENT agrees to pay the COMPANY the lump sum amount indicated above after the parcel has been conveyed
to it and after the adjustment of the COMPANY's facilities presently situated thereon has been satisfactorily completed.
Payment of such lump sum amount by the DEPARTMENT to the COMPANY shall constitute full and final compensation for
thè parcel conveyed, including all damages, costs and expenses incurred by the COMPANY and arising from or
necessitated by the conveyance. Any legal action taken by the COMPANY because of dispute a rising through this
transaction shall be for monetary considerations only, and shall not be for the revocation of the conveyed parcel.
4. In connection with the performance of work under this Agreement, the COMPANY agrees not to discriminate against
any employee or applicant for employment because of age, race, religion, color, handicap, sex,
physical condition, developmental disability as defined in s.51.01 (5) Wisconsin Statues, sexual orientation as defined in
s.111.32(13m) Wisconsin Statutes or national origin. This provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor
-.'er forms of compensation; and selection for training, including apprenticeship.
Except with respect to sexual 0 rientation, the COMPANY further agrees tot ake a ffirmative action toe nsure equal
employment opportunities.
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5. The execution of this Agreement by the DEPARTMENT shall not relieve the COMPANY from compliance with applicable
~'1deral and State laws, Wisconsin Administrative Codes, and local laws or ordinances which may affect the performance of
. ,e work covered herein, and shall not be construed to supersede any other governmental agency requirements for plan
approval or authority to undertake the utility alteration work.
This Agreement does not supplant any permit required under Section 84.08, 86.07(2), or 86.16, Wisconsin Statues. No
COMPANY work affecting highway lands s hall be undertaken without a ny required separate permit, which may be
processed and approved concurrently with this Agreement.
6. The Agreement is not binding upon the parties hereto until this document has been fully executed by the COMPANY and the
DEPARTMENT.
; . IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their proper officers and
representatives on the year and the day below written.
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WAUKESHA COUNTY
DEPARTMENT OF PUBLIC WORKS
The City of Muskego
SIGNATURE DATE
ADMINISTRA TOR DATE TITLE
SIGNATURE DATE
TITLE
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