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CCR1984049RESOLUTION K49-84 AUTHORIZING EXECUTION OF AGREEMENT TO PROVIDE EASEMENT FOR NORTHEAST PUMPING STATION (WEPCO) WHEREAS, in order to provide electric service to the Northeast Pumping Station it is necessary to grant an easement on city- owned property in the vicinity of Durham Dr. and McShane Rd. to the Wisconsin Electric Power Company, and WHEREAS, the Finance Committee has recommended approval. THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby authorize the Mayor and Clerk to execute an agreement to provide an easement on city-owned property in the vicinity of Durham Dr. and McShane Rd. to the Wisconsin Electric Power Company for the purpose of providing underground electric service to the Northeast Pumping Station. ,, 0 DATED THIS 2 qt?, DAY OF ?)/, (??A ) , 1984. FINANCE COMMITTEE ATTEST : City Clerk 3/84 jm Ald. Edwin P. Dumke Ald. Mitchel Penovich PL4L a" Ard. Charles Colburn . W.E.P. CO. Individual and Corporate O.H. and U.G. Easement FOR AND IN CONSIDERATION of the sum of One Dollar ($1 .OO) to ..... i.3 ................. paid, the receipt whereof is hereby acknowledged, ........................................................................... CITY OF MUSKEGO. a municipal corporation ___ .. ........ .. ...................................................................................................................................................... ..._....... owner ........ and grantor ........, do ... .eS hereby convey unto WISCONSIN ELECTRIC POWER COMPANY grantee, its successors and ossigns, the right, permission and outhority to construct, install, operate, repair, maintoin ond reploce o line of poles, together with the necessory crossorms, tronsformers, onchors, guy wires, bWtW@UkX and other opplionces necessar and usuol in the conduct of its business, and to string, operote, maintoin ond reploce wires thereon, on CY to construct, install operate, maintoin and replace con- duit and cables underground, together with riser equipment, pedestofs, terminols, markers, mmMhmh and other appurtenant equipment; also the right to construct, instoll, operote, maintoin and replace kn) electric pod-mounted transformer (SI, (m) electric pad-mounted switch-fuse unit (51, together with kr) concrete slabk), secondary power pedestol(s) ond other necessa ond usuol appurtenant e uipment above ground, all for the purpose of transmitting electric energy for 7 Ight, heat, power and signa 9 5, or for such other purpose as electric current is now or may hereafter be used, upon, olong, over, across, within and beneoth .st.CiPS. .Qf. 1.3.lld.. U3.rY.iKi. i.n. .Width.bei.!N. .a..Part. .of the. !?!!!!?r'~?. .premises ................................................................................................ in the West half (W1/2) of the Southwest quarter ........... (SW 1/4) of Section Twelve (12). Township Five (5) North Range Twenty (20) East, City of Muskego. Waukesha County. W.i.s~~nsjn, ...~~. ~ep.t ~~~.. th.at. ..~~. ~t... th~r.~~.~..helr.eto~~.~~. .co.n,.n.eye.d. to. .Mi.lw,auk.ee.,.Li.ght,. Her?t..a.nd. Tracti.o.n..co.~~an~. fo. t.rw!... of .way. .Pu.rP.!.oses, ... .. ~. ................................................... ?. ......................................................................... ..... I* .. ..... ............... ............... ., ............................. ...... ..... ........................................................................................................... ....... ............................... " ...... ........................... ~... ..... ........................................................................................................................................................... I If necessary, continue on reverse side) The lccotion of the easement (strip) tarsod (SMUdW of the eosement hereinbefore granted with respect to the premlaea of the grantor. .. IB as shown on the drawlng attached hereto, marked Exhibit "A" and mode a port hereof. The right, permission ond authority is also granted to said grantee, its successors ond ossigns, to ccm- struct, install, operate, maintoin ond replace one (1 ) under round service loteral or one (1 1 overhwd conductor service drop upan, in, over and under the grantor. .s.. premises for the purpose of extending electric service to soid premises. hid underground service lateral or overhead conductor service drop is to be instolled at such time and in such location as gmntee, its successors and ossigns, may deem it necessary. The rlght, permission and authorlty Is also granted to sold rontee, Its successors and osslgns, to trim and keep trimmed all trees now or hereafter existing along sod lines so thot they will clear wires strung not less than ........... feet above the presently existing ground level, by as much as five (51 feet, and so that the trees wlll not be llable to Interfere wlth the transmlolon of electrlcity over soid lines; olso the where sold trees and/or brush interfere with the installation or maintenance of underground facilities or right to cut down trees and/or brush where It Is found lmpractlcal to maintaln clearance by trlmmlng, or represent o hazard to such facilities. The gmntor ___.____, __._its ..___ heirs, successors and ossigns, c0venant.S ond ogree.3 ____ that no buildin or Structure will be erected over andlor under or placed in such close proximity to said underground on%or above ground electric facilities as to creote a violation of the Wisconsin Stote Electricol Code or any ornend- ments thereto. after the instollotion and construction of said facilities the elevation of the existing ground surface within the easement oreos wIlI not be altered by more than four (4) inches without the written consent of grantee. The grantee ond its agents shall have the right to enter the premises of the undersigned for the purpose of exercising the rights herein acquired, but the grantee agrees to restore or cause to hove restored, the entry by the grantee or its agents, This restoration, however, does not apply to the initial instollotion of premises of the undersigned, as nearly as is reamnobly possible, to the condition existing prior to such at any time pursuont to the rights herein granted. said underground and/or above ground electric facilities or to ony brush or trees which may be removed This gmnt of eosement shall be binding upon and inure to the knefit of the heirs, successors ond assigns of oll porties hereto. 9 The grantor ..... ., ... 1.h. ........ heirs, successors ond ossigns, further covenant .s. and ogree 6. thot N.W. C&~JER , S.W. vq SEC. 12 TStJ R 20 E. EXHIBIT "A" c 'I IN WITNESS WHEREOF .,,,,V.......kxrrX~x~n~xk~~~YYIYY..Y.LYl(~~~~ Xb~~B~i~x~ the soid CITY OF MKiKFGO- a municipa' corporation has caused these presents to be signed by it8 Mayor, and attested to by its ci tV Clerk , and it5 corporate seal to be hereunto affixed this - day of , 1984. In Presence Of: (SEAL) (SEAL) (SEAL) CITY OF MUSKEGO. a municipal corporation ATTEST: Mayor BY Clty Clerk STATE OF WISCONSIN ) COUNTY i . ss 0 Personally come before me this day of , 19-, the above named to me known to be the person -who executed the foregoing inatrument and acknowledged the some. Notary Public, Co.,Wis. My commission expires STATE OF WISCONSIN ) COUNTY ) : ss Pormonally come bdom ma thlm - day of , 19-, th.obo*o to ma known to bo the poraon -who orocutod tho forogolng inatrument and acknowlodgod tho aome. Notory Public, Co.,Wis. My commiaaion expirea STATE OF WISCONSIN )I ss COUNTY i " Personally came before me this day of . 19x. Mayor and City Clerk , of the obove named corporation, CITY OF MUSKEGO .a corporation, known to ma to be the perrons who executed the foregoing instrumentand to ma known to be such Mayor City Clerk of said corporation, and ocknowledged that they executed the foregoing instrument os such officers, as the deed of soid corporotion,by itsauthority - municipal - ~ . I APPROVED: Notory Public, Co.,Wir. My commission expires Thia inatrument was drafted by Patricia 0. Cay0 on behalf of Wisconsin Electric Power Company. I