CCR2011090-Attachment
Permanent Sanitary Sewer Easement
Document Title
Document Number
1. FOR AND IN CONSIDERATION of good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, Robert and Leann Baas, 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
Sanitary Sewer mains (Facilities) together with appurtenances
thereto, in, through, under, across, and upon the tract of land
described as follows:
Recording Area
All that part of Parcel 1 of Certified Survey Map No. 6588, being a part
Name and Return Address
of the Southeast ¼ of the Southeast ¼ of Section 17, Town 5 North,
Range 20 East, in the City of Muskego, Waukesha County, Wisconsin,
City of Muskego
bounded and described as follows: Commencing at the Northeast
P.O. Box 749
corner of said Parcel 1; thence South 00° 58’ 52” East, along the East
Muskego, WI 53150-0749
line of said Parcel 1, 32.67 feet to the point of beginning of the
easement to be described; thence South 71° 59’ 25” West, 33.76 feet to
a point; thence South 89° 01’ 08” West, 67.72 feet to a point on the
Parcel Identification Number (PIN)
West line of said Parcel 1; thence South 00° 58’ 52” East, along said
MSKC 2228-994-001
line, 158.70 feet to a point on the South line of said Parcel 1; thence
North 88° 35’ 07” East, 5.00 feet to a point; thence North 00° 58’ 52”
West, 138.66 feet to a point; thence North 89° 01’ 08” East, 65.72 feet
to a point; thence North 71° 59’ 25” East, 30.62 feet to a point; thence
North 00° 58’ 52” West, 20.92 feet to the point of beginning of this
description.
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.
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.
3. The right, permission and authority is also granted said Grantee, to trim and/or cut down
certain trees and/or brush where said trees and/or brush interfere with the installation or
maintenance of the Facilities or represent a hazard to such Facilities.
4. The Grantorss, their successors and assigns, covenants and agrees to restrict the use of the
land included in the easement described hereinabove as follows:
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A. The land will only be put to uses consistent with this easement such as lawn areas,
parking lots and , driveways and small and easily movable structures that will not
interfere with access to facility or its appurtenances.
B. No obstruction of access to the Facilities or its appurtenances shall be created in
the future in that no building, trees or other structures or items that may interfere
with inspection, maintenance or repair shall be located in the space over and
within vertical planes located on both sides of and ten (10) feet from the facility
and/or its appurtenanceseasement.
C. The surface elevation of the land within the easement shall not be raised or
lowered more than four (4) inches without the prior written approval of the
Village Engineer of the Grantee.
5. Grantors, their successors and assigns, covenants and agrees to permit and allow grantee
to have Facilities and its appurtenances to be installed at such time and in such location as
grantee may deem necessary.
6. Grantee and its agents shall have the right to enter upon the premises of the Grantor for
the purpose of exercising its rights herein acquired. Grantee agrees to restore or cause to
have restored said premises, as nearly as is reasonably possible, to the condition existing
prior to such entry by the Grantee or its agents. The restoration, however, does not apply
to any brush or trees which may be removed at any time pursuant to the rights herein
granted.
7. The Grantors are receiving property from the Grantee by virtue of the City vacating a
certain easement, all to the benefit of the Grantors. Grantee would not vacate that
easement if Grantors did not agree to execution of this document. The undersigned
understands that the City could not condemn the easement across said lands without
following Wisconsin Condemnation Law procedures which provide protection to the
rights of the property owners including, but not limited to, obtaining an appraisal at the
City’s expense and payment of fair compensation to the property owner. The
undersigned wishes to grant a perpetual Sanitary Sewer easement across said lands to the
City for good and valuable consideration to the City and waive any and all condemnation
rights which they may have including, but not limited to, the right to an appraisal, the
rights to condemnation and any and all appeal rights.
8. This grant of easement shall be binding upon and inure to the benefit of the heirs,
successors, and assigns of parties hereto.Restoration of the surface of the ground by the
Grantee or its agents shall include the repair and/or restoration of any settlement
occurring within one (1) year of the date of completion of construction, repair or
maintenance.
Restoration of the surface of the ground by the Grantee or its agents shall include the repair
and/or restoration of any settlement occurring within one (1) year of the date of
completion of construction, repair or maintena
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IN WITNESS WHEREOF, ________________________________, Grantor, has caused these
presents to be signed on this ______ day of _______________________, 20____.
GRANTOR/S: ___________________________ ____________________________
Signature Signature
STATE OF WISCONSIN )
) SS
WAUKESHA COUNTY )
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 set forth above and agrees that the interest in the property shall be subject to the
easement.
Accepted on the ____day of ___________, 20__.
___________________________ ____________________________
Signature Title
STATE OF WISCONSIN )
) SS
WAUKESHA COUNTY )
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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: ___________________
Accepted Pursuant to the Authority of Common Council on the ____day of ___________, 20__.
__________________________________________
Kathy Chiaverotti, Mayor
__________________________________________
Sharon Mueller, City Clerk/Treasurer
STATE OF WISCONSIN )
) SS
WAUKESHA COUNTY )
Personally came before me this ____ day of _______________, 20___, the above named
Kathy Chiaverotti and Sharon Mueller, Mayor and City Clerk/Treasurer, respectively, to me
known to be the persons who executed the foregoing instrument and acknowledged the same.
_________________________________________
Notary Public
__________________________County, Wisconsin
My Commission Expires: ____________________
This instrument drafted by Daniel R. Flamini
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