CCR2007189.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #189-2007
RESOLUTION ACCEPTING DEDICATION OF WATER MAIN FROM
MARITIME SAVINGS BANK AT S74 W17095 JANESVILLE ROAD
WHEREAS, Maritime Savings Bank hereafter called "DEVELOPER" has
constructed a water main in Janesville Road and across the following development:
Parcel 1 of Certified Survey Map No. 5319, being a part of the SW ~ of the NW ~
and the NW ~ of the SW ~ of Section 10, T5N, R20E, in the City of Muskego,
Waukesha County, Wisconsin.
and
WHEREAS, the DEVELOPER has completed the construction and installation of
the following improvements:
Water Main
120 LF at $87.35/LF of 8" diameter hdpe water main pipe
120 LF at $87.35/LF of 8" diameter pvc water main pipe
2 EACH at $650/EACH of 6" diameter butterfly valves on hydrant lead pipe
1 EACH at $2700/EACH of fire hydrants
3 LF at $31/LF of 6" diameter pvc water main lead pipe
and appurtenances (collectively called "IMPROVEMENTS") in accordance with the
provision of Chapter 18 of the Municipal Code of the City of Muskego, hereafter called
the "CITY" and the City Engineer has certified the systems' acceptability; and
WHEREAS, it is the Developer's intent to, without charge to the CITY,
unconditionally give, grant, convey and fully dedicate the IMPROVEMENTS to the
CITY, free and clear of all encumbrances, and together with mains, conduits, pipes,
plants, machinery, equipment and appurtenances which relate directly to the utilization
of such utilities; and
WHEREAS, the DEVELOPER shall guarantee the public improvements to be
dedicated against any defects due to faulty materials or workmanship which appear
within a period of one (1) year from the date of dedication and shall pay for any
damages resulting therefrom to the CITY property and shall indemnify the CITY against
any claims, suits, or liabilities brought against the CITY at any time arising out of the
alleged defects or other failure of this guarantee.
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Resolution #189-2007 Page 2
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego hereby accepts the dedication of the public improvements.
DATED THIS 25TH ,2007 DAY OF SEPTEMBER
g.-&h00~ ~
This is to certify that this is a true and accurate copy of Resolution #189-2007 which
was adopted by the Common Council of the City of Muskego.
9/07dw
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w I Re~() it I J" ' ;(007
CITY OF MUSKEGO
Staff Report to Finance Committee/Common Council
To: Finance Committee/Common Council
From: EngineerinllDepartment, David J. White, P.E., City Engineer C.~
Dedication of water main and granting of water main easement across
Maritime Savings Bank property located at S74 W17095 Janesville Road
Subject:
Date: September 20, 2007
Background
Maritime Savings Bank recently constructed a new building at the above subject
address. A project requirement was the extension of a public water main to serve
their building. Attached is the document granting the City easement rights to access
the property to operate and maintain this water main. Also attached is the
document dedicating the newly constructed water main to the City.
Recommendation for Action by Committee:
I recommend that Finance Committee recommend that Common Council accept the
dedication of the water main and the granting of the water main easement.
Fiscal Note(s):
Total $ Requested: None
S:\CITYHALL\Engineering\Commercial Development\Maritime Savings Bank\Dedication & easement 092007.doc
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w /Re~o.:li / P'l. 2007
DEDICATION OF WATER MAIN LINE
Maritime Savings Bank C'Gramor") hereby grants, conveys. and dedicates to the City of
Muskego (the "City") on behalf of and for the benefit of the public tor public use the water main
line, including any and all equipment and appurtenances which may in any way be a part thereof
or pertain thereto. which is located within Janesville Road and the 20'Water Main Easement
depicted on the attached survey drawing, and consisting of the following quantities:
(I)
(2)
(3 )
(4)
) 20 lineal feet of 6 inch HOPE water main.
180 lineal feet of 6 inch PVC \\aier main.
T\'.o 6 inch gate valves
One tire hydrant
This is not a JL'dicatiol1 of the easement area nor of an) portion of the Grantor' s land; rather, it is
strictly a dedication o1'tl1e water main line itself which is located \\ithin the easement area. An
easement in f~tvor of the City for access to the water main line has been provided by Grantor in a
separate written easement agreement.
Granted this) 9lh day of September, 2007
GRANTOR: ~v1aritíme Savings Bank
By__LCtlLv-..aLl [~~--'~\-
.. Kathryn A. KronqUlst
Vice President-General Counsel
This dedication will be accepted by the City of Muskego pursuant to separate Resolution, a copy
of which shall be provided to the Grantor.
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1111 III 111m 111111
WC3521373-006
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q 0 0 0 I I OCT 22 G
WATER MAIN EASEMENT '::-3; 5 2 ::l ,3 '07'3
Document Title
REGISTER'S OFFICE
WAUKESHA COUNTY. WI
RECORDED ON'
10-22-2007 8: 12 AM
MICHAEL J. HASSLINGER
REGISTER OF DEEDS
REC. FEE: 14.00
REC. FEE-CO: 5.00
REC. FEE-ST: 2.00
TRAN. FEE:
TRAN. FEE-STATE:
PAGES: 6
Recording Area
Name and Return Address
David White
City of Muskego
W 182 S8200 Racine Avenue
~uskego, WI 53150
I Tax Key No. MSKC 2199.999.002 I
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WATER MAIN EASEMENT
This Easement is made this 19th day of September, 2007, by and between Maritime
Savings Bank ("Grantor") and the City of Muskego ("Grantee"). .
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Grantor does hereby grant, convey, bargain, sell, and assign unto the Grantee and
its successors and assigns, the easements and rights hereinafter described.
1. Subiect Property. Grantor is the legal and equitable titleholder to the property
described on Exhibit "A" attached hereto and incorporated herein (the "Property").
2. Easement. Grantor does hereby grant, convey. transfer and assign unto the
Grantee a perpetual easement ("Easement") over, under, above, and across that portion of the
Property legally described as the "20' Water Main Easement" on Exhibit "B" which is attached
hereto (the "Easement Area") for the location and use of a water main and related facilities (the'
"Facilities") and for the following purposes: (i) to locate, maintain, operate, repair, replace, or
reconstruct said Facilities; and (ii) ingress and egress purposes in order to exercise the rights and
privileges granted herein.
3. Ri2ht to Use Adiacent Lands. Grantor also grants permission and license to
Grantee for use of such adjacent lands on the Property adjacent to the Easement Area as area
reasonably necessary for the Grantee to conduct repair or maintenance operations to said
Facilities from time to time.
4. Indemnity. Grantee will indemnify and save harmless the Grantor, its successors
and assigns, from all loss or damage to property and injury to persons due to Grantee's activities
on the Property while operating, using, maintaining or repairing the Facilities in the Easement
Area.
5. Grantor's Covenants. Grantor agrees that it shall not construct or install upon
the Easement Area any buildings, structures or other improvements which would interfere with
the operation or maintenance of said Facilities. Grantor retains the right to come upon the
Easement Area at all reasonable times for all purposes relating to the exercise of its rights
hereunder. Grantor shall have the right to exercise any other rights with respect to the Easement
Area which are not inconsistent with the terms herein.
6. Property Restoration. Grantee shall pay and be responsible for the costs and
expenses relating to any and all repair, maintenance. and upkeep of said Facilities and the cost
and expense relating to the restoration of the Easement Area required by such repair,
maintenance, and upkeep. Should the surface area of the Easement Area or improvements
thereof be damaged or disturbed by Grantee at any time, they will be restored "in kind" by
Grantee at Grantee's sole cost and expense to the reasonable satisfaction of Grantor. The
foregoing obligation of Grantee shall be a continuing obligation.
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7. Notices. All notices required or permitted hereby shall be sent to the last known
address of the party to whom the notice is directed via regular U.S. mail. Such notice shall be
deemed given when so mailed.
Until changed, notice to Grantor shall be sent to:
Maritime Savings Bank
10427 W. Lincoln Avenue
West Allis, WI 53227
Attn: Matthew 1. Olsen
Until changed, notice to Grantee shall be sent to:
City of Muskego
c/o David White, Director of Public Works Projects
W182 S8200 Racine Avenue
Muskego, WI 53150
8. Hindin!?: Effect. The Easement granted by this agreement shall run with the land
and is binding upon the heirs and successors of the parties hereto. This is an integrated
agreement and represents the full, final, and complete expression of the parties hereto. This
Agreement can only be amended in writing containing the signatures of both parties. The
easement rights granted to Grantee herein are indivisible and cannot be conveyed, transferred or
licensed, in whole or in part, by Grantee to any other party (except Grantee's successors).
Grantor is permitted to grant other easements or interests in, over, across, through, under, along
and about the Easement Area provided such grants do not interfere with the rights granted to
Grantee herein.
IN WITNESS WHEREOF, the authorized representatives of the above named Grantor
and Grantee have caused their hands and seals to be hereunto affixed.
GRANTOR:
Maritime Savings Bank
By ~~~~~ yY
Vice President-General Counsel
GRANTEE:
City of Muskego
BY~ .
ohn Johns Mayor
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STATE OF WISCONSIN )
) SS
) MILWAUKEE COUNTY
This instrument was acknowledged before me this 19th day of September, 2007, by
Kathryn A. Kronquist, the Vice President-General Counsel of Maritime Savings Bank, who
acknowledged that the foregoing instrument was executed on behalf of the bank for the purpose
aforesaid and by her authority as such officer.
STATE OF WISCONSIN )
) SS
) WAUKESHA COUNTY
~h~~~~~, Notary Public, State of Wisconsin
My commission: C\-\~~~,\
This instrument as acknowledged before me this a day of Dc 1-. , 2007, by
John Johnson and\../on,'cp..!1()yer ,the Mayor and Clerk, respectively, of the City of
Muskego, who acknowledged that the foregoing instrument was executed on behalf of the City
for the purpose aforesaid and by their authority as mayor and clerk of the City.
Q~ ~ // /
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~Name: ,'ï/ /.-ons/(
l otary Public, State of Wisconsin ~ My commission: '7 - 7 ~ L)
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Exhibit A
Legal Description of Grantor Property
Parcell of Certified Survey Map No. 5319, recorded September 23, 1987 in Volume 42 of
Certified Survey Maps on Pages 692, 693 and 694, as Document No. 1449056, and cOlTected by
Affidavit of Correction dated November 18, 1987 and recorded November 18, 1987 on Reel 957,
Image 863, as Document No. 1457293, being a part of Parcel 1 of Certified Survey Map No.
5295, being a part of the Southwest ~ of the Northwest ~ and the Northwest ~ of the Southwest
~ of Section 10, in Township 5.North, Range 20 East, in the City of Muskego, County of .
Waukesha and State of Wisconsin.
Together with non-exclusive easements for ingress and egress over the 30' permanent ingress
and egress easements shown on Certified Survey Map No. 5319 and also a non-exclusive cross
easement for parking, ingress and egress as shown on Certified Survey Map No. 6635.
Tax Key No. MSKC 2199.999.002
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Exhibit B
Legal Description: 20' Wide Water Main Easement Area
Being part of Parcel L C.S.M. No. 5319 and also being part of the Southwest Quarter (SW 1/4)
of Section 10, Township 5 North, Range 20 East. City of Muskego, Waukesha County,
Wisconsin bounded and described as follows: Commencing at the northwest comer of said
Parcell; thence North 62014'16" East 24.73 feet along the south right-of-way line ofW.
Janesville Road (C.T.H. "L") to the place of beginning of the water main easement hereinafter
described: thence South 27044'17" East 138.28 feet; thence South 71004'26" East 57.34 feet to
the south lot line of said Parcell; thence North 62014'16" East 27.49 feet along said south line;
thence North 71 004'26" West 68.25 feet; thence North 27044'17" West 130.34 feet to the
aforesaid south right-of-way line; thence South 62014'16" West 20.00 feet along said right-of-
way line to the place of beginning. Containing a net area of 3, 942 square feet of land.
Prepared by: Hans D. Hallanger, P.E., Jahnke & Jahnke Associates, Inc.
Date: September 19,2007
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