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CCR19941830 COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #183A-94 Approval of Creation of Easement (as to Mercury Drive Vacation) WHEREAS, the Common Council of the City of Muskego will consider through Resolution #146-94 whether to discontinue and vacate a road right-of-way on Mercury Drive; and WHEREAS, if said vacation is approved, the City would require a drainage, access and utility easement. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Public Works Committee , does hereby approve the creation of the attached easement for drainage, access and utility purposes. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the necessary documents in the name of the City. DATED THIS 13TH DAY OF SEPTEMBER , 1994. SPONSORED BY: PUBLIC WORKS COMMITTEE Ald. Edwin P. Dumke Ald. Domonic D'Acquisto Ald. Brian R. Misko This is to certify that this is a true and accurate copy of Resolution #183A-94 which was adopted by the Common Council of the City of Muskego. 9/94 jmb EASEMENT THIS INDENTURE, made this ,4fA day of L~F,,+pm~pp 1994, by and between the CITY OF MUSKEGO, hereinafter referred to as party of the first part, and the CITY OF MUSKEGO, located in Waukesha County, Wisconsin, hereinafter referred to as party of the second part. WITNESSETH WHEREAS, the party of the first part, CITY OF MUSKEGO, owns a parcel of real estate located in the City of Muskego described as follows: SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "1" WHEREAS, party of the second part has requested from the party of the first part a permanent access, utility and drainage easement for access, utility and drainage purposes including construction, repair, maintenance and reconstruction of the drainage and utility improvements and access to other properties. NOW, THEREFORE, pzty of the first part, in consideration of the sum of ONE DOLLAR and other good and valuable consideration, the receipt whereof is hereby acknowledged and confessed, do grant and convey unto the party of the second part, forever, a permanent access, utilicy and drainage easement for access, utility and drainage purposes including construction, repair, maintenance and reconstruction of the drainage and utility improvement, and access to other properties in the City of MlJskego, Waukesha County, Wisconsin, on, over and in the following described re21 estate: SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "1" USE OF LAND Party of the first part consents to the entry of the employees, workmen, agmts or independent contractors of party of the second part for and incidental to the construction, repair, maintenance and reconscruction of said drainage and utility improvements, but reserge to themselves the right to make such use of land included ir. said easement, subject to the ordinances of the City of Muskego, the regulations of the party of the second part, and the statutes of the State of Wisconsin as will not disturb or interfere with such drainage and utility improvements or prevent ingress, or egress, thereto for the purpose of construction, repair, maintenance and reconstruction thereof and access to other properties. The parties expressly acknowledge that the party of the second part may allow others not parties to this easement to use the easement for the purposes indicated above It is the intention of the City of Muskego to create this drainage, access and utility easement and not merge said interest with any other interest thst the City may have in this property now or in the future; it is further the intention of the City of Muskego that if it vacates any interest it may have in a public road, that said vacation will not vacate this easement or any other easement interest it has in said property unless specifically indicated in said vacation. THIS INDENTURE, upon its acceptance by the party of the first part, shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors and assigns. IN WITNESS WHEREOF, party of the first part has executed this indenture the day and year first above written. THIS IS NOT HOMESTEAD PROPERTY. CITY OF By : David L De Anqelis, Mayor renda, Clerk STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) )ss. Personally came before me this /*/fh day of rs, f. , 1994, the above named DAVID L. DE ANGELIS, as Mayor, and JEAN K 0 MARENDA, as Clerk, of the CITY OF MUSKEGO, to me known to be the -2- the same Persons who executed the foregoing instrument and acknowledged DOTARY PUBLIC, STATE OF WI My commission expires : 4-22- yb I THIS INSTRUMENT WAS DRAFTED BY Attorney Donald S Molter, Jr. ARENZ, MOLTER, MACY & RIFFLE, S.C. 720 N. East Avenue, P 0 Box 1348 Waukesha, Wisconsin 53187-1348 -3- 'I " E~,i-!liji-l All that part of Certified Survey hp No. 4862. as recorded fn the Office of the Segister of Deeda. Waukesha County, Wisconsin. on November 13. 1985. in Volume 39 of Certified Survey Hnps on Pages 150-159 inclusive. a8 Document No. 1321169. being plrt of the Northwest 114 of the SOUthveBt 114 of Section 16. Tovn 5 North, Range 20 h~t and part of the Northeast 114 of the Southeapt 1/4 of Section 17, Town 5 North, bnge 20 &st in the City of Huskego. County Of Waukeshd. State of Viaconein. bounded And described as fOl1OVB: Northwest I/& of the Southvest 114 of said Section 16, said point being on the East Comencing at A point of intersection Of the West line and the South line of the line of Hercury Drive and the Southveat comer of Certified Survey Hap No. 7364 OS recorded in the Office of the Register of Deeds; thence South 88O 27' 30' Vest along the South line of the Northeast 1/4 of the Southeast 1/4 of said Section 17, 72.00 feet to a point on the West line of said Mercury Drive, said point being the Southeast corner of Certified Survey bp No 7293 as recorded in the Office of the Register of Deed&. thence North 00" 59' 13' West alcng the Vest line of Mercllry Drive and the East line of said Certified Survey Hap No. 7293. 366.27 feet to a point of curve; thence along the arc of a curve to the left. 31.65 feet. radius of 20.00 feet, and a chord bearing North 46O 19' 39.5' West, 28 65 feet to a point on the South line of Enterprise ~~i~~; thence ~orth 880 19' 5~' hat. 92.2b feet to I point the West line of the ~~~~h~~~~ 111 of the southwent 114 of raid Section 16; thence North 88' 47' 42' East. 19.926 feet to A point on the south line of Enterprise Drive and a point of Curve; chord bearing South 430 54' lb.5' West. 28 23 feet to a point on the Vest line of the ~~~~h~~~~ 1/& of the Southvest 1/4 of raid Section 16, said point being on the East line of nerc~ry Drive and the West line of said Certified Survey Map NO. 7364; thence south 000 59' 13' .&.st. along said East line 366.75 feet to the point of Comencement .long the arc of a cume to the left, 31.34 feet. radius of 20.00 feet, and A ADDRESS: PART OF HERCURY DRIVE