CCR19913110 COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #311-91
AUTHORIZE EXECUTION OF EASEMENT
MMSD
WHEREAS, the Milwaukee Metropolitan Sewerage District desires to
construct, operate, maintain, repair and reconstruct a
Collection System Control and Monitoring Facility along a
right-of-way on a parcel of land known as Tax Key No. 2221.993
described on the attached Exhibit "A"; and
and located off Racine Avenue near Gemini Drive and further
WHEREAS, the offering price is $950 for the acquisition of said
easements; and
WHEREAS, the Parks E, Recreation Board, Public Utilities
Committee and Finance Committee have recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Park E,
Recreation Board, Public Utilities Committee and Finance
Committee, does hereby authorize the Mayor and Clerk to execute
construct, operate, maintain, repair and reconstruct a
the easements for Milwaukee Metropolitan Sewerage District to
Collection System Control and Monitoring Facility along a
right-of-way on the parcel of land identified above subject to
review by the City Attorney.
e
DATED THIS 26TH DAY OF NOVEMBER , 199 1.
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 #311-91 which was adopted by the Common Council of
the City of Muskego. 0
11/9lcac
EASEMENT
THIS INDENTURE, by and between the CITY OF MUSKECO. a Municipal
Body Corporate, party of the first part, and the MILWAUKEE
VETROPOLITAN SEWERAGE DISTRICT (MMSD). party Of the second part:
WITNESSETH, that, whereas the party or the second part desires
to construct, operate, maintain, repair and reconstruct a Collec-
t,ion System Control and Monitoring Facility and its appurtenances
in, ,upon, under, over, through and along a certain right-of-way as
described hereinafter and shown on the attached Exhlbit A.
NOW, THEREFORE, in consideration of the payment of $950.00 to
the party of the first part, receipt of whlch 1s hereby confessed
and acknowledged, the party of the flrtlt part, for itsel?, its
successors and assigns do hereby grant unto the party OF the second
part, Its successors and assigns the right and permission and non-
exclusive easements for access. permanent facilities and for tem-
porary construction In order to construct, operate, maintain,
repalr and reconstruct a Collection System Control and Monitoring
Facility and its appurtenances in, upon, under, across. over and
through the following described right-of-way owned by the party of
the first part:
PERMANENT SEWER EASEMENT
PARCEL 20 Tax Key 2221.993
That part of the Northwest 1/4 of Section 1.6, Township 5
North, Range 20 East, in the Clty of Muskego, County of
Waukesha and State of Wisconsin, which Is hounded and
described as follows:
Commencing at the Southwest corner of said 1/4 Section;
thence North 88°-47'-42" East along the South line oP
West 1270.12 feet to the point of beginning of the landa
said 1/4 Sectlon 1395.23 feet; thence North 01°-12'-18''
to be described; thence North 00°-16'-13" West 20.00
South 00°-161-13" East 20.00 feet: thence South 89°-L13'-
feet; thence North 89°-43'-b7" East 20.00 feet: thence
117" West 20.00 Peet to the point of beginning, containing
0.01 acre of land more or less.
PERMANENT ACCESS EASEMENT
Parcel 21 Tax Key 2221.993
That part of the Northwest 1/4 of Section 16, Township 5
Waukesha and State of Wisconsin, which 1s bounded and
North, Range 20 East, In the Clty of Muskego. County of
described as Pollows:
Parcels 20 k 21
Page 1 of 4
Tax Key 2221.993 Project ID P09-I11
Commencing at the Southwest corner qf said l/4 Section;
thence North 8Eo-b7'-42" East along the South llne 9f
said 1/11 Section 1395.23 feet: thence North 01°-12'-18"
West 1270.12 feet to the point of heglnnlng of the lands
to be described; thence South 89°-43'-J17" West 80.00
Peet; thence South 68°-29*-16v9 West 96.44 feet; thence
South 56°-'40'-55" West 46.00 feet to the Northeasterly
slong said Northeasterly llne 20.08 feet: thence North
line of Racine Avenue: thence North 38°-18'-07" West
56°-40'-55" East 49.81 feet: thence North 6E0-29'-16"
East 102.26; thence North 89°-43'-47" East 83.75 feet;
thence South 00°-16'-13" East 20.00 feet to the point of
beginning. containing 0.11 acre or land more or less.
It is further agreed that the area previously described for
said easement shall be restored by the party of the second part
after construction is complete to as near the pre-constructlon
condition as 1s reasonably possible.
NOW, THEREFORE, it is further agreed that the party of the
second part, in conslderation of the right-of-way so granted to It
through all the land previously described, hereby covenants and
agrees with the party or the first part that It will construct and
maintain said Collection System Control and Pbnltoring Facllity and
its appurtenances in good order and condltlon and that, In and
during the construction of said facility and Its appurtenances and
thereafter in and about Its operation, maintenance, repair or
reconstruction wlll indemnify and save harmless khe party of the
flrst part, Its heirs, successors and asslgns, from all loss or
injury to Its property due to such construction, operation. main-
benance, repalr and reconstruction, and that no special charge will
be made against said lands, for the cost of such construction,
operation, maintenance, repair and reconstructlon. The party or
the first part reserves unto itself, its successors and assigns.
the right to make such use of the lands included in the previously
described permanent rights-of-way and to erect such buildings or
other structures thereon as wlll not injure or disturb said
facility or its appurtenances provided, however, that plans for
said improvements be reviewed and approved by the Milwaukee
Metropolitan Sewerage Dlstrict prior to construction. Said
approval will not be unreasonably withheld and the revlew will be
made in a timely fashion For no charge.
Page 2 of 4
Parcels 20 6 21 Tax Key 2221.993 Project ID PO9-111
I " I
The conslderation stated above is full payment ror all of the
property and/or property rights hereinbefore described and included
full cornpensation Cor items of damage set rortli In Sec. 32.09, Wis.
Stnts. Compensation for addltional ltems of (damage llster! in Sec.
32.195, Wls. Stats., has not been Included. Such Items if shown to
exist require a separate claim by the grantor as provided in Sec.
32.20, Wis. Stats.
An appeal from the amount or compensation hereinbefore set
forth may be made within six (6) months or the recording of thl3
document a3 set forth in Sec. 32.05(9-12). For the purpose or any
such appeal, the amount of compensation hereinbefore stated shall
be treated as the award, and the date of taking and evaluation
shall be the date of recordlng of this document.
Other persons having an interest or record in the property are
\erewith listed: NONE
IN WITNESS WHEREOF, t.he said part,ies as have caused thelr
hands and seals to be hereunto fixed.
WITNESS: CITY OF MUSKEG0
Jean Marenda, City Clerk
STATE OF WISCONSIN )
MILWAUKEE COUNTY )
) ss
Personally came before me this __
Wasne 0. Salentlne and Jean Marenda to me known to be the Mayor and
day of , 1991,
City Clerk respectively of the Clty of Muskego, who 6y Its
authority and on its behalf executed the foregoing instrument and
acknowledged the same.
My Commission Expires
Notary Public
(SEAL)
Parcels 20 b 21
Page 3 of 4
Tax Key 2221.993 Project ID P09-I11
Wallace Whit.?
Execlltlve Director
STATE OF WISCONSIN )
MILWAUKEE COUNTY )
) ss
Personally came bePore me this -
Wallace White, Executive Director OF the Milwaukee Metropolltan
day of 1991,
Sewerage Diatrlct, known to me to be such orricer, and who acknon-
ledaed that he executed the PoreEoing lnstrllment on lts behalP ror
the-purpose aforesaid and by its authority as such OFFlcer.
My Commlssion Expires
Not.ary Public, State of Wisconsin
(SEAL)
for the Milwaukee Metropolitan Sewerage Dlstrlct.
This instrument was drafted by Carl E. Royahn on behalf of and
0077nk
Parcels 20 h 21
Page 4 of 4
Tax Key 2221.993 Project ID PO9-111
MS0227.027
MIS OF 0URlNG
'GRID NORTK. WISCONSIN
-ATE PWE COORDIHATE
SlSTEU. SOUM ZONE
I
CONTROLS - PHASE 111
** EASEMENT
0 1/4 SEC. NO.
PROJECT: MMSD coLLEcnoN srsm
INTEREST: PERMANENT ACCESS **
TAX KEY NO.: 2221.993
DR: RE9 12/07/89
OWNER: c/rr OF MUSKEGO
PARCEL: 21
CHK: RAZ
I ‘CRIO NORM. WISCONSIN
MIS Of BURINC
STATE PME COOROINITE
”_”__ ”L. 5YSlEM. SOUTH ZONE .. .~
* CONTROLS - PHASE Ill PROJECT: MMSD COLLECTION SYSTEM
TAX KEY NO.: 2221.993
INTEREST: PERMANENT EASEMENT
OR: RE9 12/07/89
OWNER: ClW OF MUSKEGO
PARCEL: 20 CHK: RAZ