CCR2024.033-Modification to Perm Drain Ease (Govani)COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #033-2024
APPROVAL OF MODIFICATION TO PERMANENT DRAINAGE EASEMENT
AT S72 W13838 WOODS ROAD
WHEREAS, an 85-foot wide drainage easement along the northern property line was
established via Certified Survey Map 5086 recorded in 1987; and
WHEREAS, Certified Survey Map 9128 recorded in 2001 created the subject lot and
again noted the 85-foot drainage easement; and
WHEREAS, a new home permit was issued on August 29, 2003 that included an
apparent change, or modification to the drainage easement; and
WHEREAS, a zoning permit was submitted to rebuild the retaining wall along the
modified drainage easement and additional research indicated that said modification to
the drainage easement was never recorded thus the retaining wall and corner of the
house were within the drainage easement; and
WHEREAS, the new drainage easement limits have been surveyed and created to
match the previous unrecorded drainage easement.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego does hereby approve the attached Modification to Permanent Drainage
Easement granted by owner, Sikandar Govani.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to sign the
Easement and the City Attorney is authorized to make substantive changes as may be
necessary in order to preserve the general intent thereof.
DATED THIS 14th DAY OF MAY 2024.
SPONSORED BY
Mayor Rick Petfalski
This is to certify that this is a true and accurate copy of Resolution #033-2024 which
was adopted by the Common Council of the City of Muskego.
&Jl- wm
City Clerk
5/24cmc
Modification to Permanent Drainage
Easement
1. FOR AND IN CONSIDERATION of good and valuable
consideration, thexeceipt and sufficiency of which is hereby
acknowledged, Sikandar Govani, owner and Grantor of the
lands herein described does hereby grant unto the City of
Muskego, Waukesha County, Wisconsin (Grantee) an
easement with the right, permission and authority to enter
upon, construct, install, inspect, test, operate, maintain,
replace and repair Drainage (Facilities) together with
appurtenances thereto, in, through, under, across, and upon
the tract of land described as follows:
Lot 2 of Certified Survey Map No. 9128, being a part of the
Northwest'/4 of the Northwest 1/4 of Section 12, Township 5
North, Range 20 East, City of Muskego, Waukesha County,
Wisconsin, being more particularly described as follows:
Beginning at the northwest comer of said Lot 2, thence North
86°54'28" East, 509.68 feet along the northerly line of said
Lot 2; thence southwesterly along an arc of a curve being the
south line of said Lot 2, 183.78 feet, said curve having a
radius of 622.17 feet, chord bearing South 60'40'56" West,
chord length 183.11 feet; thence continuing along said south
line South 69°08'39" West, 13.40 feet; thence South
86°54'28" West, 180.72 feet; thence North 67°23'38" West,
69.00 feet: thence South 69°23'22" West, 96.71 feet to the
west line of said Lot 2; thence North 01°26'42" West, 84.22
feet along said west line of Lot 2 to the point of beginning.
The location of the easement hereinbefore described with
respect to the premises of the Grantor is shown on the
drawing attached hereto, marked EXHIBIT "A', and made a
part hereof.
City of Muskego
W182 58200 Racine Ave.
Muskego, WI 53150
MSKC.2206998036
2. Grantor hereby warrants that he/she has legal title to the lands which are the subject of
this easement and that he/she has lawful authority to grant this easement. Further,
Grantor shall defend the City of Muskego in its exercise of rights under the easement
herein granted against any defect in title to the land involved or the right of the Grantor to
make the grant herein contained.
Page 1 of 4
j Personally came before me this day of , 20_, the above
named , to me known to be the person who executed the
foregoing instrument and acknowledged the same.
Notary Public
County, Wisconsin
My Commission Expires:
Consent of Mortgagee
The undersigned, being the holder of a mortgage against the property, consents to the grant of the
easement and temporary construction easement set forth above and agrees that the interest in the
property shall be subject to the easement
Accepted on the _day of 20_.
Signature
Print Name
STATE OF WISCONSIN )
) SS
WAUKESHA COUNTY )
Title
Personally came before me this day of , 20. the above
named to me known to be the person who executed the
foregoing instrument and acknowledged the same.
Notary Public
My Commission Expires:
Page 3 of 4
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