CCR2007216.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #216-2007
RELOCATION ORDER OF THE CITY OF MUSKEGO,
WAUKESHA COUNTY, WISCONSIN
(Watercourse Improvements/Lemke)
NOW COMES the City of Muskego, Waukesha County, Wisconsin, by its
Common Council and for its Relocation Order hereby resolves as follows:
1. That this Resolution is a Relocation Order in accordance with 932.05(1),
Wisconsin Statutes, for the purposes of the within described public
improvement project and it is also a determination of necessity for that
project in accordance with 932.07(2), Wisconsin Statutes.
2. That the City of Muskego hereby determines that it is a necessary and
public purpose to construct watercourse improvements as shown on the
map attached hereto, made a part hereof and marked Exhibit "A."
3. That said watercourse improvements will be built as set forth on the map
which is annexed to this Relocation Order as Exhibit "A" and is
incorporated herein.
4. That the site of said watercourse improvements is contained in Exhibit "A"
which is incorporated herein; that the legal description to said site is
attached hereto, made a part hereof and marked Exhibit "B."
5. That the City of Muskego will acquire a permanent easement for watercourse
improvements as indicated on Exhibits "A" and "B."
Passed and approved this 13TH day of NOVEMBER , 2007.
I hereby certify that on the 13TH day of NOVEMBER , 2007, the
within Relocation Order was adopted by a vote of 7 ayes to 0 nays by
the Common Council of the City of Muskego, Waukesha County, Wisconsin.
ATTEST:
APPROVED: CITY OF MUSKEGO
asR.~~
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Being
EXHIBIT "A"
PERMANENT EASEMENT FOR WATERCOURSE IMPROVEMENTS
part of the Northeast 1/4 of the Southwest 1/4 of Section 9, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin.
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PRIVA TE
SOUTHEASTER~ Y IN~~~~~~
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MUSKEGO PERMANENT~34'33~64~N, ~
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EASEMENT-DOCI 2046419 ~ 'ij. 33.19 j IOU'. \ II .~.~~
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MUSKEGO INGRESS/EGRESS \ DAt.! .It OUTLET EASEMENT / CSt.t 3308 .It DOC' 799776
RECORDED AS
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?! 0' ~ MUSKEGO CREEK &:
\ ~ ~ CREEK BANK EASEMENT
/ ~ . DOCI 926325 \
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\ OWNER/GRANTOR:
WEPCO .It WTCO Victor & Betty Lemke et a!.
UPON. OVER. ACROSS\ \ Revocable LIving Trust DOC' 571999 S75 W18104 Boszhardt Ln.
\ Muskego, WI 53150
MSKC 2195.996
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UNPLA TIED LANDS I
EASEMENT AREA
\ 1,066 Square Feet
WEPCO &: WTCO
UPON, OVER, ACROSS
DOC' 491279
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MUSKEGO
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SCALE IN FEET SE COR, SW 1/4
SEC 9, T5N, R20E ./'
~ PREPARED FOR: . --.J Ruekert. Mielke City of Muskego
P.O. Box 749
engineering solutions for a working world Muskego, WI 53150
PREPARED BY:
Ruekert . Mielke
W233 N2080 Ridgeview Pkwy.
Waukesha, WI 53188
G: \Land\13B9037\dwg\Eld..emkeO1.<hIg 1HIS INSTRUt.tENT WAS DRAFTED BY BRUCE K. CROSS. R.LS. (10-07) CHECKED BY: t.tEK (10-07)
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. Ruekert.Mielke
engineering solutions for a working world
October 25,2007
EXHIBIT "B"
LEGAL DESCRIPTION
Permanent Easement for Watercourse Improvements
For (Grantee): City of Muskego
Being part of the Northeast one-quarter of the Southwest one-quarter of Section 9, Town 5
North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described
as follows (see attached Exhibit "A"):
Commencing at the Southeast comer of said Southwest one-quarter of Section 9; thence North
01017'44" West along the East line of said Southwest one-quarter of Section 9, 1721.14 feet to
the centerline of West Janesville Road (C.T.H. "L") as described in a Quit Claim Deed
recorded as Document No. 2210846, an 20.00 foot wide Easement recorded as Document No.
926325, and Certified Survey Map No. 3308; thence South 66027'16" West along said
centerline, 343.80 feet; thence NOlih 2700314411 West along the Westerly line of said Document
Nos. 2210846 and 926325, being a common line with the Easterly line of said Certified Survey
Map No. 3308, 142.00 feet to an angle point on said common line; thence North 16027'44"
West along said common line, 275.60 feet to an angle point on said common line; thence North
3403314411 West along said common line, 30.00 feet to the Westerly most comer of said
Document No. 926325 and the point of beginl1ing~ thence continuing NOlih 3403314411 West
along said Easterly line of said Certified Survey Map No. 3308, 66 feet more or less to the
waters edge of Litt1e Muskego Lake; thence Southeasterly, 77 feet more or less to a point that is
29.43 feet North 16027'4411 West of the Northerly most angle point on the Easterly line of said
20.00 foot wide Easement recorded as Document No. 926325; thence South 16027'44" East,
29.43 feet to said angle point; thence North 34033'44" West along said Easterly line of said
Easement, 33.19 feet to NOliherly most comer of said Easement~ thence South 55026'16" West
along the Northerly line of said Easement, 20.00 feet to the point of beginning. Containing
1,066 square feet more or less of land. Subject to covenants, conditions, restrictions and
easements of record.
Bruce K. Cross, R.L.S.
OWNER (Grantor): Victor & Betty Lenùce et a1. Living Revocable Tmst
Tax Key No.: MSKC 2195.996
Attachment
cc: Michael F. Campbell, P.E., Ruekert/Mielke
File
11389037 IML Dam Update> 205 Design> EnsementsILemkeOI-20071O25-Watercourse Easement-doc
W233 N2080 Ridgeview Parkway. Waukesha, Wisconsin 53188-1020
(262) 542-5733 . Fax: (262) 542-5631 . www.ruekert-mielke.com
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CITY OF MUSKEGO
Staff Report to Common Council
To: Common Council
Engineerinl!.. Department, David J. White, P.E., City Engineerd ~
Relocation Order for Easement Rights to Perlorm Little Mnske~
Dam Spillway Repair
From:
Subject:
Date: November 6, 2007
Background
In 1/2001, RIM inspected dam spillway channel walls and maintenance platform and
found that in winter walls tip in and go back in spring. Recommendation for long term
corrective action includes installing a box support structure between walls to maintain
separation and prevent movement.
In January 2005, RIM along with CSD started on design of structure bracing to prevent
tipping. In September 2005, RIM submitted a permit application to the DNR to maintain
dam. DNR gave permit approval on January 6, 2006.
In August 2007 Mike Campbell of RIM made me aware of the project and advised that
he and Wayne Delikat were meeting with Lemke (E/S property owner) to secure
permission to perform repair work. RIM sent a follow-up letter to document the
temporary access agreement. Easement rights exist on W/S property.
Mrs. Lemke's son, Jon Lemke, responded that additional language must be included in
agreement. City can't accept his language and offered different language that was
unacceptable to Mr. Lemke.
We need to do project, but do not have rights on the Lemke property to work.
Recommendation for Action by Committee:
Recommend that city obtain easement rights to maintain and reconstruct spillway on the
Lemke property by condemnation.
Fiscal Note(s):
Total $ Requested: $14,000 construction, $5000 easement acquisition
Amount of Total Requested Budgeted: 100%
Amount of Total Requested Unbudgeted: 0%
Expenditure Account(s) number recommended be used: 100.04.51.10.5704
S:\CITYHALL\Engineering\Stonn Water Management\Little Muskego Lake Dam\Condemnation on Lemke
110607.doc