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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #278-2003
APPROVAL OF DISTRIBUTION EASEMENT
TO WE ENERGIES
BE IT RESOLVED That the Common Council of the City of Muskego does hereby
approve the attached Distribution Easement to WE Energies.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the document in the name of the City.
DATED THIS 9th DAY OF December ,2003.
SPONSORED BY
Mark A. Slocomb, Mayor
This is to certify that this is a true and accurate copy of Resolution #278-2003 which
was adopted by the Common Council of the City of Muskego.
rK fvl~ CI -Treasurer
1212003jmb
Document Number
We Energies
DISTRIBUTION EASEMENT
UNDERGROUND
,DONa. 2498
For good and valuable consideration which the CITY OF MUSKEGO,
hereinafter referred to as "grantor", owner of land, acknowledges receipt of,
grants and without warrantee to WISCONSIN ELECTRIC POWER
COMPANY, a Wisconsin corporation doing business as We Energies,
hereinafter referred to as "grantee", a permanent easement upon, within and
beneath a part of grantor's land hereinafter referred to as "easement area".
The easement area is described as commencing at the Northwest comer of
Lot 4 of Certified Survey Map 5841; thence N 00046'01" W, 70.00 feet to the
point of beginning of the hereinafter described easement; thence continuing N
00046'01" W, 50.00 feet, abutting the west property line of Lot 5 of Certified
Survey Map 5841; thence S 89013'99" W, 15.00 feet: thence S 00046'01" E,
50.00 feet; thence N 89013'99" E, 15.00 feet to the point of beginning, being a
part of the Right of Way dedicated to the City of Muskego on Certified Survey
Map 9464, recorded in the office of the Register of Deeds for Waukesha
County on November 1511\ 2002, in Volume 86 of Certified Survey Maps, on
Pages 215 through 220, inclusive, as Document No. 2879712, being part of
the Southwest 1/4 of Section 2, Township 5 North, Range 20 East, in the City of
Muskego, County ofWaukesha, State of Wisconsin..
RETURN TO:
We Energies
PROPERTY RIGHTS & INFORMATION GROUP
231 W. MICHIGAN STREET, ROOM A252
PO BOX 2046
MilWAUKEE, WI 53201-2046
Princeton Drive
(Parcel Identification Number)
The location of the easement area with respect to the grantor's land is as
shown on the attached drawing, marked Exhibit "A", and made a part of this document.
-1. Purpose: The purpose of this easement is to install, operate, maintain and replace underground utility facilities, conduit
and cables, for a proposed electric pad mounted vacuum fault interrupter, concrete slab, together with all necessary and
appurtenant equipment under and above ground, as deemed necessary by grantee, all to transmit electric energy and
signals. Trees, 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 grantor's 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 Wisconsin 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 grantor's 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 parties
hereto.
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Grantor: CITY OF MUSKEGO
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dY BY
Acknowledged before me in County, Wisconsin on ,2003,
by , the
and , the
to Resolution File No.
, for the municipal corporation, by its authority, and pursuant
adopted by its Common Council on
of
20
Notary Public State of Wisconsin
My commission expires
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(NOTARY STAMP/SEAL)
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This instrument was drafted by Alex Vojvodich on behalf of Wisconsin Electric Power Company, PO Box 2046, Milwaukee,
Wisconsin 53201-2046.
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Lot 3
CSM 9464
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Lot 2
CSM 9578
15 FOOT WIDE
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EASEMENT AREA
100
- 2498
REVISIONS
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Lot 5
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Lot 4
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EXHIBIT "A"
NOT TO SCALE
DRAWN BY
Alex Vojvodich
Princeton Drive
Part of the SW ~ of Sec. 2
T 5 N, R 20 E
City of Muskego
"
Waukesha County, Wisconsin
DATE
November 12,2003