CCR2000146COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #146-2000
ACCEPTANCE OF IMPROVEMENTS
Lake Ridge Condominiums - Watermain
WHEREAS, On behalf of Lake Ridge Condominiums, Atty. Richard J. Rakita in his
letter of April 26, 2000, requested the City accept the dedication of their watermain; and
WHEREAS, The City shall accept said dedication if said improvements have been
completed as required by applicable City ordinances and other applicable laws and as
approved by the City Engineers; and
WHEREAS, The Planning Department has advised that all of the above requirements
have been met; and
WHEREAS, The Public Utilities Committee has recommended acceptance of the
improvements and acceptance of a Watermain Easement Agreement.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Public Utilities Committee, does hereby
accept the dedication of watermains in accordance with the Watermain Easement
Agreement between the City and Lake Ridge Association, Ltd. Dated March 22, 2000.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the
Watermain Easement Agreement on behalf of the City.
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DATED THIS 27th DAY OF June ,2000.
SPONSORED BY
PUBLIC UTILITIES COMMITTEE
Ald. David Sanders
Ald. Mark Slocomb
Ald. William Le Doux
This is to certify that this is a true and accurate copy of Resolution #146-2000 which
was adopted by the Common Council of the City of Muskego.
(Jxk..UK. m dA
WATER MAIN EASEMENT AGFtEEMENT
i THIS INDENTURE, made this a! day of %u-x , 2000,
by LAKE RIDGE ASSOCIATION, LTD,
WITNESSETH:
WHEREAS, LAKE RIDGE APARTMENTS, A CONDOMINIUM, was duly
formed and is a currently existing condominium in the City of
Muskego, Waukesha County, Wisconsin, pursuant to Declaration of
Condominium recorded in the office of the Register of Deeds for
Waukesha County, Wisconsin, on the 19th day of December, 1991, in
Reel 1390, at Images 186 through 202 inclusive, as Document No.
1692863; and
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WHEREAS, LAKE RIDGE ASSOCIATION, LTD. (the "Association")
is the currently operating and duly formed condominium association
0 for said condominium; and
WHEREAS, a water main has been constructed to serve said
condominium; and
WHEREAS, the Association has requested the City of
Muskego ("City") to accept the dedication of said water main; and
WHEREAS, said City has agreed to accept the dedication of
said water main on the condition that an easement be granted to the
~ City on the terms and conditions hereinafter set forth.
NOW, THEREFORE. pursuant to its powers under the
Declaration of Condominium and under §703.15 (3) (b) (5) , Wis. Stats.,
the Association, for good and valuable consideration, the receipt
whereof is hereby acknowledged and confessed, does hereby grant and
convey onto the City forever a permanent water main easement for
0 water main purposes, including construction, repair, maintenance
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and reconstruction of the water main, and a temporary construction
easement for water main improvements in the City of Muskego,
Waukesha County, Wisconsin, on, over and in the real estate
described in Exhibit A, which is more particularly set forth on
Exhibits B, C and D, all of which are attached hereto and
incorporated herein by this reference:
4s
1. The Association hereby consents to the entry of the
employees, workmen, agents, or independent contractors of the City,
for and incidental to the construction, repair, maintenance, and
reconstruction of said water main, but reserves to itself the right
to make such use of land included in said easement, subject to the
ordinances of the City, the regulations of the City, and the
statutes of the State of Wisconsin, as will not disturb or
interfere with such water main, or prevent ingress or egress
thereto for the purposes of construction, repair, maintenance and
reconstruction thereof.
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2. The parties expressly acknowledge that the City may
allow others not party to this Water Main Easement Agreement to use
the easement for the purposes indicated above.
3. In the event that by reason of construction,
reconstruction, settlement or shifting any portion of the water
mains, encroaches or shall hereafter encroach upon any portion of
the real estate not included in Exhibit A, valid easements for the
maintenance of such encroachment in favor of the City are hereby
established and shall exist for the benefit of the City so long as
all or any part of the water main remains in use.
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4. This indenture, upon its acceptance, by the City
shall be binding and inure to the benefit of the parties hereto,
their respective heirs, successors and assigns.
IN WITNESS WHEREOF, the association has executed this
indenture the day and year first above written.
4.
STATE OF WISCONSIN )
) ss.
COUNTY OF NILWMKEE )
Personally came b
.By :
efore m
Gary A. GGach, President
2000, (rAnq .4. &qkII, President of LAKE RIDGE ASSOCIATION. LTD.,
,e, this 2J.d day of 'bud?, ,
to me known'to be the person who executed the foregoing instrument,
and to me known to be such President said LAKE RIDGE ASSOCIATION,
LTD. and acknowledged that he executed the foregoing instrument as
such officers as the deed of said LAKE RIDGE ASSOCIATION, LTD. by
its authority.
9724Zi.4.* d 2JdL0.U
Maxine E. Haas
Notary Public, State of Wisconsin
My commission ada* .. .l&i . &!! SIC0
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ACCEPTANCE
The undersigned, CITY OF MUSKEGO, hereby accepts the
dedication of the water main and accepts the terms and conditions
of this Water Main Easement Agreement.
Dated this day of , 2000.
CITY OF MUSKEGO
By :
David L. De Angelis, Mayor
This instrument was drafted by:
Richard J. Rakita
735 North Water Street, Suite 1100
Milwaukee, WI 53202-4105
Telephone: (414) 271-4008
Telefax: (414) 271-9408
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e Description of 30 foot water main easement of that part of Parcel 1 of Certified survey
Map No. 6552, being a part of the Northwest 114 of the Southwest 1/4 of Section 10, Township 5
North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, the centerlies of
which are described as follows:
Commencing at the Northwest comer of said Southwest 114 Section; thence South 1 deg. 13’ 04”
East, 416.90 feet .to a point; thence North 88 deg. 46’ 56” East, 40.00 feet to a point, said point
being the Northwest comer of said Parcel 1, thence South 1 deg. 13’ 04” East, 46.25 feet to the
point of beginning of the centerline of said 30 foot easement; thkhce North 83 deg. 3 1 ’ 00” East,
133.81 feet to a point, hereinafter referred to as Point “A”; continuing thence North 83 deg. 31’
00” East, 206.71 feet to a point; thence North 88 deg. 46’ 56” East, 251,13 feet to a point; thence
South 63 deg. 14’ 21” East, 168.48’feet to a point; thence South 19 deg. 25’ 02” East, 23.98 feet
to a point hereinafter referred to as Point “B’; continuing thence South 19 deg. 25’ 02” East,
97.43 feet to a point hereinafter referred to as Point “C”; continuing thence South 19 deg. 25’ 02”
East, 9.60 feet to a point; thence South 27 deg. 15’ 27” East, 228.55 feet to a point, hereinafter
referred to as Point “D; thence South 82 deg. 32’ 00” East, 169.94 feet to a point; thence North
39 deg. 24’ 20” East, 20.65 feet to a point, hereinafter referred to as Point “E; continuing thence
North 39 deg. 24’ 20” East, 71.20 feet to a point; thence North 7 deg. 55’ 53” East, 136.53 feet
to a point, hereinafter referred to as Point “F; thence North 58 deg. 52’ 20 East, 65.72 feet to a
point hereinafter referred to as Point “G”; continuing thence North 58 deg. 52’ 20” East, 34.28
feet to a point; thence North 88 deg. 58’ 43” East, 44.30 feet to a point on the East line of said
Parcel 1
0 ALSO beginning at aforesaid Point “A”’ thence South 6 deg. 29’ 00” East, 39.65 feet,
ALSO beginning at aforesaid Point “B”; thence South 70 deg. 34’ 58” West, 45.05 feet.
ALSO beginning at aforesaid Point “C’; thence South 70 deg. 34’ 58” West, 218.80 feet to a
point, thence South 48 deg. 14’ 28” West, 36.15 feet.
ALSO beginning at aforesaid Point “D’; thence South 67 deg. 43’ 33” West, 137.63 feet to a
point; thence South 60 deg.16’ 03” West, 34.94 feet.
ALSO beginning at aforesaid Point “E; thence South SO deg. 34’ 40” East, 23.00 feet.
ALSO beginning at aforesaid Point “F’; thence North 68 deg. 01 ’ OS” West, 89.92 feet to a point;
thence North 23 deg. 00’ 47” West, 120 feet.
ALSO beginning at aforesaid Point “G”; thence North 3 I deg. 07’ 40” West, 24. IO feet
EXCEPTING any part of the above easement as may fall within the boundaries of a building
EXBIBIT A
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