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CCR1968162RESOLUTION /m2-6a (As Amended) AUTHORIZING EXECUTION OF ROSECKY EASEMENT AND THE HIRING OF APPRAISERS e WHEREAS, it is necessary to acquire an easement over the lands of Anthony Rosecky located on College Avenue for the purpose of widening College Avenue, and WHEREAS, Anthony Rosecky has refused to execute said easement unless the City guarantees that it will not remove three large maple trees located with the area of said easement, and WHEREAS, the City is unable to make said guarantee, but could be liable in damages for the removal thereof. NOW, THEREFORE, BE IT RESOLVED that the easement to be executed by Anthony Rosecky, in the form hereto attached, be authorized. BE IT FURTHER RESOLVED that the Common Council will establish what the monetary loss might be if the trees actually do come down and that the City pay at the rate of $5.00 per inch of diameter for the total loss of the treesduring the construction period. FINANCE COMMITTEE Edmund Budish ATTEST: a City Clerk 3d 9c4& Frank Narlock 7d/dz,a Harold DeBack i ..' RC IADSiDE IMPROVEMENT E ASEMENT THIS I NDENTURE, made this - -.. day of 1968, between AnthonvRoskKI_. Grantor, and the City of Muskego, a Municipal Corporation of the St.ate of Wisconsin, Grantee; - - "" " - I - - - - - - - ." -. " " .- WITNESSES, that Grantor, for and in consideration of the sum of Une Dollar and other valuabl 3 consideration, In hand paid by Grantee, rxeipt whereof is hereby acknowledged, hereby conveys to Gaantee and its assigns, th:. following easement in and tJ real estate in the City of Muskego, Waukesha County, Wisconsin, to-wit: An easement to construct, cut, flll or in any othdr manner alter embankment slopes at ratios recommended by the State Highway Commission of Wisconsin in order to carry on roadside 'mprovement pursuant to Section 84.04 (2) of the Wisc.?nsin - ~atutes. SO long as requlr !d for such public purpose, this cas;- ment shall Include the right to operate necessary equipment thereon, the right of ingress and cgr2ss to said land or buildings thar-on and the right to plant, protect, presdrve thereon or remove there- from any vegetation or remove therefrom any buildings or structures tha Grantee of this easement deems desirabl I, provided, however, thAt three large mapl.2 trees now standing on th ! pr miszs shai I not be removed therefrom. In the event seld trees or either of them ars removed, the City will be Iiabla to the Grantor for damages therefor. This said easement is given in and to the following dcscrib;d pr.Jmises, to-wi't: e The northerly 50 feet of that portion of the northwest quarter of Section 4, Township 5 North, Range 20 East dexcribed in Volume 806 of DEEDS, on Page 232. The part i .s hari.to understand that this ineument do35 not In any way limit the right of any other administrative agencies of The City ,Jf Muskego, Countv of Waukesha, or the state of Wiscan- sin, to acquire *asem nts to said rsal ?stat! f3r other public purposes. e WITNESS my hand and ssal this day of , 1968. " -_ " .. . " - "_ " In Presence Of: _. " " - "_ - STATE OF WIsCONSi N) WAUKESHA COUNTY ) 1 ss. Personally came bcfor me this duy of " 1968, the above named "~ - - . - " Anthony . . "- Rwky ~ to ma3 known t3 be the persdn who -.xecu:ed the for:going instrument and acknowledged the same. My commission Notary Bublic, Waukesha CO., wis. -