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CCR19990300 0 0 COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #30-99 AUTHORIZATION TO EXECUTE EASEMENT LIBRARY BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the attached easement agreement between the St. Luke's Medical Center, Inc. and the City of Muskego. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the easement in the name of the City. DATED THIS 23'd DAY OF FEBRUARY , 1999. SPONSORED BY: FINANCE COMMITTEE Ald. Mark Slocomb Ald. David Sanders Ald. Nancy Salentine This is to certify that this is a true and accurate copy of Resolution #30-99 which was adopted by the Common Council of the City of Muskego. 2l99jmb EASEMENT THIS INDENTURE, made this day of - , 1999, by and between the ST. LUKE'S MEDICAL CENTER, INC., a Wisconsin Municipal Corporation, hereinafter referred to as party of the first part, and the CITY OF MUSKEGO, a Wisconsin Municipal Corporation, located in Waukesha County, Wisconsin, hereinafter referred to as party of the second part WITNESSETH: WHEREAS, the party of the first part, ST. LUKE'S MEDICAL CENTER, INC., 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 easement for use by the general public and for construction, repair, maintenance and reconstruction of the access improvements. NOW, THEREFORE, party 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, does quit claim unto the party of the second part, forever, a permanent access easement for use by the general public and for construction, repair, maintenance and reconstruction of the access improvements in the City of Muskego, Waukesha County, Wisconsin, on, over and in the following described real estate: SEE ATTACHED LEGAL DE~CRIPTION MARKED EXHIBIT "1" USE OF LAND Party of the first part consents to the entry of the general public and employees, workmen, agents or independent contractors of party of the second part for and incidental to the construction, repair, maintenance and reconstruction of said improvements, but reserve to themselves the right to make such use of land included in 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 0 not disturb or interfere with such access or prevent ingress, or egress, thereto by the general public or for the purpose of construction, repair, maintenance and reconstruction thereof. Party of the second part shall keep and maintain the access drive in good condition and repair, including, without limitation, prompt removal of snow and ice from the access drive, and shall pay all costs of such maintenance and repair. Party of the second part covenants and agrees to hold party of the first part and its officers, employees, agents, contractors and tenants harmless and indemnified from and against all injuries, damages, claims and losses to or of any person or property related to or arising from the use of the access drive, whether negligent or otherwise, by the party of the second part or its officers, employees, agents, invitees, contractors or tenants. THIS INDENTURE, upon its acceptance by the party of the first part, shall be binding upon and inure to the bcnefit 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. ST LUKE'S MEDICAL CENTER, INC BY BY STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) - )ss. - Personally came before me this day of , 1999, the above named , as , and , as , o< ST. LUKE'S MEDICAL CENTER, INC., to me known to be the persons who executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC, STATE OF WI My commission expires -2 - CITY OF MUSKEGO - By: David L De Angelis, Mayor By : Jean K Marenda, Clerk STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) ss. Personally came before me this day of , 1999, the above named DAVID L. DE ANGELIS, as Mayor, and JEAN K. MARENDA, as Clerk, of the CITY OF MUSKEGO, to me known to be the persons who executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC, STATE OF WI My commission expires: THIS INSTRUMENT WAS DRAFTED BY ARENZ, MOLTER, MACY & RIFFLE, S.C. Attorney Donald S Molter, Jr. Waukesha, Wisconsin 53187-1348 720 N. East Avenue, P.O. Box 1348 -3- i EXRIGIT “I - . - All that part of Lot 1 of Cercified Survey Map No 5886, recorded on July 7, 1989 in Volume 48 of Certified Survey Maps on Pages 78-81 as Document No 1543743, being a part of the NE 1/4 of the SW 1/4 and the SE 1/4 and SW 1/4 Of the NW 1/4 of Section correcred by Affidavit of Corrections dated June 4, 1996 and recorded on June 7, 19% lo, T 5 N, R 20 E, City of Muskego, County of Waukesha. State of Wisconsin, as on Reel 2247, Image 392 a5 Document No 2130878. described as follows The Southern 30 feet of Parcel 1 of Certified Survey Map No 5886 ALSO starting at the Southeast corner of Parcel 1 of Certified Survey Map No 5886; thence North along the Easterly property line a distance Of 30 feet to the point of beginning; thence Wesc aiong a line parallel to the Souih line of Parzel 1, a distance of 75 feet t3 a point: thence Northeasterly to a point on the East line of Parcel 1 which is 75 feet North of the Southeast corner o€ Parcel 1: thence South along the ~ast llne of Parcel 1, a dis:ance of 45 feet to the point of beginning -