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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 County, Wisconsin m T So av d Y 3 Fb i I ORB°.°.I � c Ya'N Sk��ZourE 0- I \ u" 5" I \ as_wog oS �V ��•{{N .a R C� V V v ° O O? �r ONy I\ of F °yG y3J Z �Z O O \ o<m Z ... Y p0�10/1 I \ k1 Y 4 rZrFFN�YI°^vl'V ,LN N503 I \ N�'o WaEE a �U' O •I � O1Fy��,� Co >r0 O ? 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