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CCR1986246RESOLUTION #246-86 AUTHORIZING EXECUTION OF AMENDED AGREEMENT BETWEEN WEPCO AND THE CITY OF MUSKEG0 (Utility Easement-Industrial Park Addn.#l) BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby approve the amended utility easement of varying widths around Park. the perimeter of the newly developed area of the Industrial BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to sign the necessary legal documents in the name of the City. DATED THIS I I & DAY OF x,,dq,,, \ , 1986. City Clerk 11 186 jm JOINT O.H. and U.G. IInd. &Cap.) Form 597.Ab-7blMO 0 a- FOR AND IN CONSIDERATION of the sum of One Dollor i$l.OOl to It. .. paid, the receipt whereof is hereby ocknowledged, .. CII 'I.. ~~..~~Q...A..MuntciPal...c.orw.or.a~~Pn.. ._ . ., owner. and grantor. ., do..eS. hereby convey unto WISCONSIN ELECTRIC POWER COMPANY and .YISCONSIN..BTLL.~ INC.. grantees, their successors and assigns, the right, permission and aulhorih to construct, install, operate, guy wireQBXU#XNU~Xand other appliances necessary and usual in the conduct of their respective businesses, repair, maintain and replace a line of poles, together with the necessary crossarms, tronrfarmerr, anchors, and to string. operate, mointoin and replace wires ond cables thereon. and to construct, install, operote, mointoin and replace conduit and cables underground, together with riser equipment, pedestals, terminols, and replace on) electric pad-mounted transformeris), (on) electric pad-mounted switch-fuse unitis), morker%:XRp( !(d~~and other oppurtenont equipment; 01so the right to construct, install, operate, maintoin together with io1 concrete slobis), secandory power pedestal id and other necessary ond usual appurtenant equipment above ground. 011 for the purpose of tronsmitting electric energy for light, heot, power and signals, or for such other purpose os electric current is now or may hereofter be used, and for telephone service, upon, dong, over, OCTOSS, within and beneath .stdps...of. l..and..,urru!ng. I.n .. wi.dth .. bel.ag ... a..pa.~t...u~, .the Grantor.'.s..p~emfses..ln.Lot..l..af~.Cer.tjf~~..Sur.vey..Map..Nu .... 5019. recorded.In.the..Reglater of Deeds..Of~flc.~..€ar. Yaukesha ..C Punty.. In .. ypl.ume .. 41 .. of. ..Ce.~ti.f~.ed..Su~y~~.~apa..nn. ba3es. 7 derc.rlb.ed.. In .. thoae .. certaln .. ~a~r~~..Ileedt...r~cord~. t.n...the..Regf~zter.of..Deedz..Offl.ce...for Waukesha .. Coun V... nn..~arch..l5 .... 1985.. .in..Reel..661..on..Image..322..az..Qo~~~..NO. .... 1289254~. l.n..Reel. .MI. .oa..Imag~..lZS..o.$...~.~~~~~n~.-N~.,..l~~.9~56.,.,.and.,~.nlte.e! .... 66!..P? Imqge..3!6..!?. DoCument No ... 128925Z.; ... al.1. .4r...the..aforementlPned...~e.~ng..a..~~~~...of...th.e..So.u.the.ast..~~a.rte~r iIfnecersary,continueonreverresidel (Continued on reverse side) The location of the eosement XXWX (areal XUNXlkxH#I(X of the eosement hereinbefore granted with respect to the premises of the grantor. is 05 shown on the drawing otlached heteto. marked Exhibit "A" ond made a port hereof. The right, permission and authority is olso granted to each of raid grantees, their IUCC~~SD~L ond assigns, to construct, instoll, operate. mointoin ond reploce one (1 1 underground service lateral or one i 11 overhead conductor senice drop upon. in, over and under the grontor. IS.. premises for the purpose of extending electric and telephone service to soid premises. Soid underground service loterols or overhead conductor may deem it necessary. service drops are to be instolled at such time and in such locotions 05 grantees, their succe~sors and ossigns and keep trimmed 011 trees now or hereofter existing along roid lines so thot they will clear wires strung not The right, permission and authority is oh gronted soid grantees. their succe~sors and assigns, to trim less than .la.. ... feet above the presently existing ground level, by os much OS (ten 1 feet, and that the trees will not be liable to interfere with the transmission of electricity or with telephone service over raid lines; olso the right to cut down certain trees and/or brush where it is found impractical to mointoin &or- once by trimming, or where soid trees andlor brush inlerfere with the inrtollotion or mointenonce of under- ground facilitler or represent o hozard to such facilities. !hot no building or SI~~CIY~F will be erecled over and/or under or ploccd within the eosement area Or in The grantor-, &heirs. IYCCCIIO~I and assigns. covenont-ond ogree- such close proximity to the easement ore0 os IO creole o violation 01 the Wisconsin Sfole Elecjricol Cade or my amendments thereto. The grontor. ., .Its. heirs, ~uccessors and arrignr, further covenant. .. and agree. that the elevotion of the existing ground surfoce within the eoscment oreos will not be oltered by more thon four 141 inches without the written conrent of grantees purpose of exercising the rights herein acquired. but the grantees agree to restore or CDUI~ to have restored, The grantees ond their ogenls rholl hove the right to enter the premises of Ihe underrlgned far the entry by the grantees or their agents. This rertorotion, however, doer not apply to the initial instoliotion the premises of the undersigned, as neorly os is reasonobly possible, to the condition existing prior to such of roid underground andlor above ground electric and telephone facilities or to omy brush or trees which may be removed atony time pursuant to the rights herein gronted. orrigns of 011 parties hereto. This gront of easement sholl be binding upon ond inure to lhe benefit of the heirs, succes~ors and