CCR1991215COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #215-91
AUTHORIZE EXECUTION OF AMENDMENT
TO WEPCO AGREEMENT
WHEREAS, the City is requesting to maintain WEPCO and Wisconsin
Bell utility rights to lands South of Enterprise Drive and East
utilities release a certain easement known as a document
of Mercury Drive in the Muskego Industrial Park if said
recorded with the Waukesha County Register of Deeds as Document
No. 1396691 in Reel 845 on Page 970, and
WHEREAS, the Finance Committee recommends approval of the
agreements.
NOW, 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
utility rights to lands South of Enterprise Drive and East of
the attached agreements to maintain WEPCO and Wisconsin Bell
Mercury Drive in the Muskego Industrial Park if the utilities
Waukesha County Register of Deeds as Document No. 1396691 in
release a certain easement known as a document recorded with the
Engineer, City Attorney, and John Henderson.
Reel 845 on Page 970 and upon approval of the same by the City
DATED THIS 27TH DAY OF AUGUST , 1991.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
This is to certify that this is a true and accurate Copy Of
Resolution #215-91 which was adopted by the Common Council of
the City of Muskego.
8/91cac
Omer., and grantor. ,.__, do.%5.. hereby convey unto
WIKONSIN ELECTRIC K)WER COMPANY
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grnnms, their succewn and onigns. the right.gcrmisrion ond authority to construct. insloli. -rote,
reppalr, mdntain and replace conduit and cables un erground. topether with m~W&thcr appurtenant
qulpmcnt; also the right to constrat. install. operate. maintain and replace krmt electric pod-mounted
tmnsformerls), W electric pad-mounted switch-fuse unit Is), tqether with b9 concrete slab(sl, pedes.
tolls). sjmm~;sa&mmin&&and ather necerrnv ond UIUOI appurtenant equipment oh gmund,ail tor the purpe oi transmitting electric energy for light, heat, mer and rignols. or for such other
pu- as electric cu~rent is now or my hereafter be used, ond for telephone service upon. ocrou. within
and bnmth a strip of land 12 feet in width being a part of its premises
in the Southwest 1/4 of Section 16, Township 5 North. Range 20 East, in
the City of Muskego, Waukesha County, Wisonsin.
The right. permission and authority is also granted to each of said
grantees, their successors and assigns. to construct, install, operate,
maintain and replace electric and telephone underground service laterals
in and under the grantor's premises for the purpose of extending electric
and telephone service to said premises. Said underground service laterals
to be installed at such time and in such locations as grantees. their
d"nlWl8eXMek OVER
grt to ttn pmmlna of the grantor Is as *horn on the drawing attached hereto, rmrked Erhiblt "A" The Iadlon of the easement kklpl (orso) kmtdkel of the wrement herelnbtore granted wlth re.
d mode o mri hereof.
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d/or cvl down certoln trees ond/ar brush where wid trees andlor brush interfere with the instollation
The rlght, prminlon and aulhority Is olso granted wold grontees, their successors ond assigns, to trim
or mintenonce of underground facilities or represent a hazard to such faclllties.
The grantor ,.its. bebs. s~cceslors and ossigns. coMnonl ... s.. and agree ... s.. that no building
or struchm wlll be erected wer ondlor under or placed in such clae pmximi to soid under round ondlor
or any amendments thereto.
ab ground electric md telephone focilities os to creote o violation of the &consin Stole Bectrical Code
The gmntor.. ~., ._..its. Wpa, successors md ossigns, further covenm..s. and agree ... s. that the
elevotlwl of the existing ground surface wlthin the eosement areos will not be altered by more thm four (41
inches without the written consent of grontees. - of exercisin the rlghtsfterein acqulred, but me gronteer ogree to restore or cause to have restored.
The grantees and thelr D ents shall have the right to enter the premises of the undersigned for the pur.
me premlrcr of tfe undersigned, os nearly os is reomnobly possible, to the condition exirtlng prior to such
entry by the grantees or their ogentr. This restorotion. however, does not opply to the initio1 instollotion of =Id under round ondlor obove ground electric focilities or telephone focilities or to any brush or trees
hich mayge rcmovedat my timepurruont to the rights hereingronted.
It Is understood and agreed thot the entire ogreement of the porties is contoined in this instrument ond
that In the event the undersigned seeks to secure electric ondlor ielephonc service from soid lines, such
service will be rendered upon the completion and energizing of soid lines. ond then only under the condi- nm of the gmnteer' rules and rcgulotionr ond at the gmntees' outhorired des.
SI,^ of 08 parties hereto.
This mnt of easement sholl be binding upon and inure to the benefit of the heirs, successom ond as-
successors and assigns, may deem necessary
The easement of the City of Muskego recorded in the office Of.the
Waukesha County Register of Deeds on December 3, 1987 in Reel 960. Image
1041, as Document No. 1459121 and the interest of the City of
Muskego granted pursuant to said easement is hereby subordinated to
the interest of the Wisconsin Electric Power Company and Wisconsin
Bell, Inc. in the above described land only. The City of Muskego may
continue to use said portion of the easement, but only to the extent
that it does not interfere with the use granted to the Wisconsin Electric
Power Company and Wisconsin Bell, Inc. pursuant to this easement -~ "~~ - ~~ ". ~
a
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I
, 1991. Notory Public,
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owner. .... ond grontoo’. do.’%% hereby convey unto
WISCONSIN ELECTRIC POWER COMPANY
pmntess, their successom and assigns, the right, mission ond outhority to construct, instoll, operote,
repalr, rnointoln and reploce cpnduit and cobles un r erground. together wllh mnnkmkrend other op urtenont
equlpnent; olso the rlght to construt, instoll, operate, mointom ond reploce hf electric podlmounled
tmnrtormerlsl, ~ao):rkrku~~~~Pe~rsitalw~e~e~~, together with id concrete sloblsl, pedes.
tolIsI, d~xq~~rnmi$~~uwktxxand other necessary ond usuol appurtenant equipment above pmnd, 011 for the purpae of tronsmitting electrlc energy for light, heat, mer ond signals, or for such olher
and bemoth a strip of land 12 feet in width being a part of Lot 1,
pu- os electrlc current Is lx~l or moy hereafter be used, and for telephone service upcn, ocross, within
Certified Survey Map No. 6411, as recorded in the office of the Register of
Deeds for Waukesha County on April 19. 1991 in Volume 53 of Certified
Survey Maps on Pages 98 thrduqh 100, inclusive, as Document No. 1644311,
and being a part of the Southwest 1/4 of Section 16, Township 5 North,
Range 20 East, in the City of Muskego, Waukesha County, Wisconsin.
The easement of the City of Muskego recorded in the office of
the Waukesha County Register of Deeds on December 3, 1987 in Reel 960,
Image 1041, as Document NO. 1459121 and the interest of the City of
(Wlraaray;smlkumms~~ddrlz OVER
wf to the premlsm of the grantor Is os &own on the drowlng ottached hereto, morked Wlblt “A” The locatlon of the ament bRlpl loreal Isartnltmkof the eosement harelnbefare granted with re-
ond mads o part hereof.
to construct, Irutoll, opmte, mlntoln and reploca one I I I electrlc and one 11 telephone underground
The rlght, prmlulon ond ouhrlly Is olso gmnted to coch of sold gronteq t elr successors and ossignr,
sewice latemi in ond under the grontor. ..!.S premises for the purpose of extending electric ond teiephrme
yrvice to sold premlses. bld undergmund service loterols to be instolled at such time and In such location as
gmnteer, thelr successors and oulgns, moy deem necessary.
andfor cul dm csrtaln trees andfor brush where soid trees ondlor brush Interfere wlth the inrtollotlon
The right, pcrmlrrlon ond outhority is olso gmnfed aaM grontees, their successors ond nsslgns, to trim
or malntemnce of undergmund focllities or reprerent o harord to such foclllties.
The gmntor .its.-. .haln; successors and ossigns, covmnont.X. ond ograc-s., . that no bullding
or structure will be erected wer ondfor under or ploced In such close pmximl to soid under round ondfor above ground electrlc ond telephone focllities os to creote 0 violation of the asconsin Stote flectricol Code
or any ommdments thereto.
The gmntor.. ~., .-a~.S...WUS$ successors ond asslgns, further covenant ... si. ond ogree .._ S.. that the
elevotirm of the existlng ground rurfoce within the easement oreas will not be altered by more than four (41
inches wlthout the written consent of grantees.
paw of exercidn the rightsserein acouired, but the grontees agree to restore or cause to hove restored, The grantees ond thelr o ents hall hove the right to enter the premises of the undersigned for the pur-
enty by the gronlees or their ogents. This restoration, however, doer not opply to the initio1 instollation of
the premises of tfe undcrslgned. os neorly 3s Is reosombly possible. to the condition existing prior to such
sold under round andfor obove ground electric facilities or telephone focilities or to any brush or trees whlch moy%e removedot ony time purruont to the rights hereingronted.
that in the event the undersigned seek to secure electric ondlor telephone service from said lines, such
It Is understood and ogreed that the entire agreement of the parties is contained in this instrument and
yrvice will be rendered upon the completion ond energizing of sold lines, and then only under the condi- nons of the grantees‘ rules ond regulations ond ot the gmnteer‘ outhorized rote,.
P’
dgns of of parties hereto.
This mnt of easement sholl be blnding up~n and inure to the bcneflt of the heirs, succe~~ors ond os-
Muskego granted pursuant to said easement is hereby subordinated to
the interest of the Wisconsin Electric Power Company and Wisconsin Bell,
Inc. in the above described land only. The City of Muskego may continue
to use said portion of the easement, but only to t.he extent that it does
not interfere with the use granted to the Wisconsin Electric Power
Company and Wisconsin Bell, Inc. pursuant to this easement.
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(SEAL)
STATE OF WISCONSIN I
COUNTY)
: 5s