CCR2002117COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #I 17-2002
APPROVAL OF CONSERVATION EASEMENT
Big Muskego Estates Subdivision
WHEREAS, A Conservation Easement was submitted for the Big Muskego Estates
Subdivision located in the SW 114 of Section 23; and
WHEREAS, The easement provides that approximately 49.43 acres of land west of
Durham Drive shall be retained in permanent open space and stormwater management
uses; and
WHEREAS, The Plan Commission has recommended approval through Resolution
#P.C. 013-2002.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Plan Commission, does hereby approve the
attached Conservation Easement for Big Muskego Estates Subdivision.
DATEDTHIS 14th DAYOF Mav ,2002.
SPONSORED BY:
Ald. William Le Doux
This is to certify that this is a true and accurate copy of Resolution #I 17-2002 which
was adopted by the Common Council of the City of Muskego.
5/02jmb
Deed of Conservation Easement- Big Muskego Estates Subdivision
THIS DEED OF CONSERVATION EASEMENT is made this - day of
2002 by Big Muskego Estates LLC having an address of c/o Towne Realty, Inc. 710
North Plankinton Avenue, Milwaukee, WI 53203. ("Grantors") in favor of the City of
Muskego, a municipal corporation having an address of W182 S8200 Racine Avenue,
P 0. Box 749, Muskego, WI.. 53150 ("Grantee").
Witnesseth:
WHEREAS, Grantors are the sole owners in fee simple of certain real property in
Waukesha County, Wisconsin, more particularly described as
SITUATED ON DURHAM DRIVE, CITY OF MUSKEGO, WISCONSIN
PART OF GOVERNMENT LOT 2 AND THE NORTH QUARTER OF
GOVERNMENT LOT 3, DETERMINED BY AREA IN THE SOUTHWEST 114 OF
FRACTIONAL SECTION 13, TOWN 5 NORTH, RANGE 20 EAST, IN THE CITY OF
MUSKEGO, WAUKESHA COUNTY, WISCONSIN, BOUNDED AND DESCRIBED
AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 13; THENCE
SOUTH OO"58'26" WEST ALONG THE EAST LINE OF SAID 1/4 SECTION 1764.01
FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 114 OF GOVERNMENT
LOT 3, DETERMINED BY AREA; THENCE SOUTH 88"07'00" WEST ALONG SAID
SOUTH LINE 74.40 FEET TO THE POINT OF BEGINNING OF LANDS TO BE
DESCRIBED; THENCE CONTIMJING SOUTH 88"07'00" WEST ALONG SAID
SOUTH LINE 2779.4 FEET MORE OR LESS TO A POINT ON THE SHORELINE OF
BIG MUSKEGO LAKE, THENCE NORTH 00°04'42" WEST ALONG SAID
SHORELINE 120.3 FEET MORE OR LESS TO A POINT; THENCE NORTH
IS"10'13" EAST ALONG SAID SHORELINE 182.6 FEET MORE OR LESS TO A
POINT; THENCE NORTH 38"46'26" EAST ALONG SAID SHORELINE 137.4 FEET
MORE OR LESS TO A POINT IN THE NORTH LINE OF SAID NORTH 114 OF
GOVERNMENT LOT 3, DETERMINED BY AREA; THENCE NORTH 87"34'56"
EAST ALONG SAID NORTH LINE 1272.4 FEET MORE OR LESS TO A POINT;
THENCE SOUTH 89"46'36" EAST 30.79 FEET TO THE SOUTHWEST CORNER OF
HOLZ'S ASSESSORS PLAT; THENCE NORTH 77'57'47" EAST ALONG THE
SOUTH LINE OF SAID PLAT 178.17 FEET TO THE SOUTHEAST CORNER OF
SAID PLAT; THENCE NORTH 07"24'05" WEST ALONG THE EAST LINE OF SAID
PLAT 961.00 FEET TO A POINT; THENCE NORTH 03"12'59" WEST ALONG SAID
EAST LINE 290.46 FEET TO A POINT IN THE SOUTH RIGHT-OF-WAY LINE OF
HOLZ DRIVE; THENCE NORTH 87'27'18'' EAST ALONG SAID SOUTH LINE
389.10 FEET TO A POINT IN THE PROPOSED SOUTHWESTERLY RIGHT-OF-
WAY OF DURHAM DRIVE, SAID RIGHT-OF-WAY LINE BEING 50.00 FEET
SOUTHWESTERLY FROM THE CENTERLINNE; THENCE SOUTH 43°04'00" EAST
ALONG SAID SOUTHWESTERLY LINE 426.05 FEET TO A POINT; THENCE
SOUTH 43"26'35" EAST ALONG SAID SOUTHWESTERLY DRIVE 950.80 FEET
TO A POINT; THENCE SOUTH 49"23'34" WEST 450.00 FEET TO A POINT;
THENCE SOUTH 40'36'26" EAST 485.82 FEET TO THE POINT OF BEGINNING.
CONTAINING 49.43 ACRES MORE OR LESS.
(herein referred to as the "Property"); and
Big Muskego Eslates Conservation Easement
WHEREAS the Property described above possesses significant environmental features
including floodplains and shoreland-wetlands of great importance to Grantees and the
people of the City of Muskego; and
WHEREAS the specific conservation values of the Property are further documented in
an inventory of relevant features of the Property as found in the Applied Ecological
Services (AES) report titled Veqetation and Ecolosical Conditions of The City of
Muskeqo, dated January 2001, and incorporated by this reference ("Baseline
Documentation"). Said report consists of studies, maps, photographs, and other
documentation that the parties agree provide, collectively, an accurate representation of
the Property at the time of this grant and which is intended to serve as an objective,
though nonexclusive, information baseline for monitoring compliance with the terms of
this grant, and
WHEREAS, Grantors intend that the conservation values of the Property be preserved
and maintained by permitting only those land uses on the Property that do not
significantly impair or interfere with said values, including, without limitation, those land
uses relating to open space existing at the time of this grant, and stormwater
management; and
WHEREAS, Grantors further intend, as owners of the Property, to convey to the Grantee
the right to preserve and protect the conservation values of the Property in perpetuity;
and
NOW, THEREFORE, in consideration of the above and mutual covenants, terms,
conditions, and restrictions contained herein, and pursuant to the law of the State of
Wisconsin, Grantors hereby voluntarily grant and convey to Grantee a conservation
easement in perpetuity over the Property to the extent hereinafter set forth ("Easement")
free and clear of all encumbrances except recorded easements, declarations and
restrictions, municipal zoning ordinances, and real estate taxes in year of closing.
SECTION 1. Purpose. It is the purpose of this Easement to assure that the Property will
be retained forever in its open space and shoreland-wetland condition and to prevent
any use of the Property that will impair or interfere with the conservation values of the
Property. Grantors intend that this Easement will confine the use of the Properly to such
activities, including, without limitation, those involving stormwater management and
passive open space uses, as are not inconsistent with the purpose of this Easement.
SECTION 2. Rights of Grantee. To accomplish the purpose of this Easement the
following rights are conveyed to the Grantee by this Easement.
(a) To preserve and protect the conservation values of the Property;
(b) To enter upon the Property at reasonable times in order to monitor compliance with
and otherwise enforce the terms of this Easement in accordance with Section 6;
provided that, except in cases where Grantee determines that immediate entry is
required to prevent, terminate, or mitigate a violation of this Easement, such entry
shall be upon prior reasonable notice to Grantors, and Grantee shall not in any
case unreasonably interfere with Grantor's use and quiet enjoyment of the
Property; and
Big Muskeg0 Estates Conservation Easement
(c) To prevent any activity on or use of the Property that is inconsistent with the
purpose of this Easement and to require the restoration of such areas or features
of the Property that may be damaged by any inconsistent activity or use, pursuant
to the remedies set forth in Section 6.
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0 (d) For Grantee or owners of any lands described in Exhibit A attached hereto, and
their successors, heirs, and assigns to use said land for stormwater management
purposes as may be approved by the City from time to time.
SECTION 3. Prohibited Uses. Any activity on or use of the Property inconsistent with
the purpose of this Easement is prohibited. Without limiting the generality of the forgoing,
the following activities and uses are expressly prohibited: Clear cutting or removal of
trees, dredging or filling of wetlands except as may be authorized by agencies of
jurisdiction including but not limited to the Wisconsin Department of Natural Resources
and the US Army Corps of Engineers.
SECTION 4. Reserved Rights. Grantors reserve to themselves, and to their personal
representatives, heirs, successors, and assigns, all rights accruing from their ownership
of the Property. including the right to engage in, or permit or invite others to engage in,
all uses of the Property that are not expressly prohibited herein and are not inconsistent
with the purpose of this Easement.
SECTION 5. Notice and Approval
5.1 Notice of Intention to Undertake Certain Permitted Actions. The purpose of
requiring Grantors to notify Grantees prior to undertaking certain permitted activities, as
provided in paragraph 4, is to afford Grantees an adequate opportunity to monitor the
activities in question to ensure that they are designed and carried out in a manner that is
not inconsistent with the purpose of this Easement. Whenever notice is required
Grantors shall notify Grantee in writing no less than thirty (30) days prior to the date
Grantors intend to undertake the activity in question. The notice shall describe the
nature, scope design, location, timetable, and any other material aspect of the proposed
activity in sufficient detail to permit Grantee to make an informed judgment as to its
consistency with the purpose of this Easement.
5.2 Grantees Approval. As set forth in paragraph 5.1 , Grantee shall grant or withhold
its approval in writing within sixty (60) days of receipt of Grantor’s written request
therefore. Grantee’s approval may be withheld only upon a reasonable determination by
Grantee that the action as propose would be inconsistent with the purpose of this
Easement.
SECTION 6. Grantee’s Remedies
6.1 Notice of Violation; Corrective Action. If Grantee determines that a violation of the
terms of this Easement has occurred or is threatened, Grantee shall give written notice
to Grantors of such violation and demand corrective action sufficient to cure the violation
and, where the violation involves injury to the Property resulting from any use
inconsistent with the purpose of this Easement, to restore the portion of the Property so
injured to its prior condition in accordance with a plan approved by Grantee.
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Big Muskego Estates Conservation Easement
6.2 Injunctive Relief. If Grantors fail to remedy the violation within sixty (60) days afler
receipt of notice thereof from Grantee, or under circumstances where the violation
cannot be reasonably cured within a sixty (60) day period, fail to begin curing such
violation with the sixty (60) day period, or fail to continue diligently to cure such violation
until finally cured, Grantee may bring an action at law or in equity in a court of competent
jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as
necessary, by temporary or permanent injunction, and to require the restoration of the
Property to the condition that existed prior to any such injury.
6.3 Damages. Grantee shall be entitled to recover damages for violation of the terms of
the Easement or injury to any conservation values protected by this Easement,
including, without limitation, damages for the loss of scenic, aesthetic, or environmental
values. Without limiting Grantor's liability therefore, Grantee, in its sole discretion, may
apply any damages recovered to the cost of undertaking any corrective action on the
Property.
6.4 Emergency Enforcement. If Grantee, using reasonable discretion, determines that
circumstance require immediate action to prevent or mitigate significant damage to the
conservation values of the Property, Grantee may pursue its remedies under this section
6 without prior notice to Grantors or without waiting for the period provided for cure to
expire.
6.5 Scope of Relief. Grantee's rights under this Section 6 apply equally in the event of
either actual or threatened violations of the terms of this Easement. Grantors agree that
Grantee's remedies at law for any violation of terms of this Easement are inadequate
and that Grantee shall be entitled to the injunctive relief described in paragraph 6.2, both
prohibitive and mandatory. in addition to such other relief to which Grantee may be
entitled, including specific performance of the terms of this Easement, without the
necessity of proving either actual damages or the inadequacy of othenvise available
legal remedies. Grantee's remedies described in this Section 6 shall be cumulative and
shall be in addition to all remedies now or hereafter existing at law or in equity.
6.6 Costs of Enforcement. All reasonable costs incurred by Grantee in enforcing the
terms of this Easement against Grantors, including, without limitation, costs and
expenses of suit and reasonable attorney's fees, and any costs of restoration
necessitated by Grantor's violation of the terms of this Easement shall be borne by
Grantors; provided, however, that if Grantors ultimately prevail in a judicial enforcement
action each party shall bear its own costs.
6.7 Forbearance. Forbearance by Grantee to exercise its rights under this Easement in
the event of any breach of any term of this Easement by Grantors shall not be deemed
or construed to be a waiver by Grantee of such term or of any subsequent breach of the
same or any other term of this Easement or of any of Grantee's rights under this
Easement. No delay or omission by Grantee in the exercise of any right or remedy upon
any breach by Grantors shall impair such right or remedy or be construed as a waiver
6.8 Waiver of Certain Defenses. Grantors hereby waive any defense of laches,
estoppel, or prescription.
6.9 Acts Beyond the Grantor's Control. Nothing contained in this Easement shall by
construed to entitle Grantee to bring any action against Grantors for any injury to or 0
Big Muskego Estates Conservabon Easement
change in the Property resulting from causes beyond Grantor's control, including,
without limitation, fire, flood, storm, and earth movement, or from any prudent action
taken by Grantors under emergency conditions to prevent, abate, or mitigate significant
injury to the Property resulting from such causes.
SECTION 7. Access. No right of access by the general public to any portion of the
Property is conveyed by this Easement.
SECTION 8. Costs, Liabilities, Taxes, and Environmental Compliance
8.1 Costs, Legal Requirements, and Liabilities. Grantors retain all responsibilities and
shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep,
and maintenance of the Property. including the maintenance of adequate liability
insurance coverage. Grantors remain solely responsible for obtaining any applicable
governmental permits and approvals for any construction or other activity or use
permitted by this Easement, and all such construction or other activity or use shall be
undertaken in accordance with all applicable federal, state, and local laws, regulations,
and requirements. Grantors shall keep the Property free of any liens arising out of any
work performed for, materials furnished to, or obligations incurred by the Grantors.
8.2 Taxes. Grantors shall pay before delinquency all taxes, assessments, fees, and
charges of whatever description levied on or assessed against the Property by
competent authority (collectively "taxes"), including any taxes imposed upon, or incurred
as result of, this Easement, and shall furnish Grantee with satisfactory evidence of
payment upon request.
8.3 Representations and Warranties. Grantors represent and warrant that, after
reasonable investigation and to the best of their knowledge:
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0 (a) No substance defined, listed, or otherwise classified pursuant to any federal, state,
or local law, regulation, or requirements as hazardous, toxic, polluting, or otherwise
contaminating to the air, water, or soil, or in any way harmful or threatening to
human health or the environment exists or has been released, generated, treated,
stored, used, disposed of, deposited, abandoned, or transported in. on, from, or
across the Property;
(b) There are not now any underground storage tanks located on the Properly,
whether presently in service or closed, abandoned, or decommissioned, and no
underground storage tanks have been removed from the Property in a manner not
in compliance with applicable federal, state, and local laws, regulations, and
requirements;
(c) Grantors and their Property are in compliance with all federal, state, and local laws,
regulations, and requirements applicable to the Property and its use;
(d) There is no pending or threatened litigation in any way affecting, involving, or
relating to the Property; and
(e) No civil or criminal proceedings or investigations have been instigated at any time
or are now pending, and no notices, claims, demands, or orders have been
received, arising out of any violation or alleged violation of, or failure lo comply
Big Muskego Estates Conservation Easement
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with, any federal state, or local, regulation, or requirement applicable to the
Property or its use, nor do there exist any facts or circumstances that Grantors
might reasonably expect to form the basis for an such proceedings, investigations,
notices, claims, demands, or orders.
8.4 Remediation. If at any time, there occurs, or has occurred, a release in, on, or about
the Property of any substance now or hereafter defined, listed, or otherwise classified
pursuant to any federal, state. or local la, regulation, or requirement as hazardous, toxic,
polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or
threatening to human health or the environment, Grantors agree to take all steps
necessary to assure its containment and remediation, including any cleanup that may be
required, unless the release was caused by the Grantee, in which case the Grantee shall
be responsible therefore.
8.5 Control. Nothing in this Easement shall be construed as giving rise, in the absence
of a judicial decree, to any right or ability in Grantee to exercise physical or managerial
control over the day-to-day operations of the Property, or any of the Grantor's activities
on the Property, or otherwise to become an operator with respect to the Property within
the meaning of The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended ("CERCLA").
8.6 Hold Harmless. Grantors hereby release and agree to hold harmless, indemnify and
defend Grantee and its members, directors, officers, employees, agents, and contractors
and the heirs, personal representatives, successors, and assigns of each of them
(collectively "Indemnified Parties") from and against any and all liabilities, penalties,
fines, charges, costs, losses, damages, expenses, causes of action, claims, demands,
orders, judgments, or administrative actions, including, wilhout limitation, reasonable
attorney's fees, arising from or in any way connected with (1) injury to or death of any
person, or physical damage to any property, resulting from an act, omission, condition,
or other matter related to or occurring on or about the Property, regardless of cause,
unless, due to the negligence of any of the Indemnified Parties; (2) the violation or
alleged violation of, or other failure to comply with, any state, federal, or local law,
regulation, or requirement, including, without limitation, CERCLA, by any person other
than any of the Indemnified Parties, in any way affecting, involving, or relating to the
Property; (3) the presence or release in, on, from, or about the Property, at any time, of
any substance now or hereafler defined. listed, or otherwise classified pursuant to any
federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or
otherwise contaminating to the air, water, soil, or in any way harmful or threatening to
human health or the environment, except to the extent caused by any of the Indemnified
Parties; and (4) the obligations, covenants, representations, and warranties of
paragraphs 8.1 through 8.5.
SECTION 9. Extinguishment and Condemnation.
9.1 Extinguishment. If circumstances arise in the future that render the purpose of this
Easement impossible to accomplish, this Easement can only be terminated or
extinguished, whether in whole or in part. by judicial proceedings in a court of competent
jurisdiction. The amount of the proceeds to which Grantee shall be entitled, after the
satisfaction of prior clams, from any sale, exchange, or involuntary conversion of all or
any portion of the Property subsequent to such termination or extinguishment, shall be
Big Muskego Estates Conservation Easement
the stipulated fair market value of the Easement, or proportionate part thereof, as
determined in accordance with paragraph 9.2.
9.2 Valuation. This Easement constitutes a real property interest immediately vested in
Grantee, which, for the purposes of paragraph 9.1, the parties stipulate to have a fair
market value determined by multiplying (1) the fair market value of the Property
unencumbered by the Easement (minus any increase in value after the date of this grant
attributable to improvements) by (2) x/y which is the ratio of the value of the Easement at
the time of this grant to the value of the Properly, without deduction for the value of the
Easement, at the time of this grant.
9.3 Condemnation. If all or any part of the Property is taken by exercise of the power of
eminent domain or acquired by purchase in lieu of condemnation, whether by public,
corporate, or other authority, so as to terminate this Easement, in whole or in part,
Grantors and Grantee shall act jointly to recover the full value of the interest in the
Property subject to the taking or in lieu purchase and all direct or indirect damages
resulting therefrom. All expenses reasonably incurred by Grantors and Grantee in
connection with the taking or in lieu purchase shall be paid out of the amount recovered.
Grantee's share of the balance of the amount recovered shall be determined by
multiplying that balance by the ratio set forth in paragraph 9.2
9.4 Application of Proceeds. Grantee shall use any proceeds received under the
circumstances described in this Section 9 in a manner consistent with its conservation
purposes, which are exemplified by this grant.
SECTION 10. Assignment. This Easement is transferable. Grantee may assign its
rights and obligations to any successor authorized to acquire and hold conservation
easements. As a condition of such transfer, Grantee shall require that the conservation
purpose that this grant is intended to advance continue to be carried out. Grantee
agrees to give written notice to Grantors of an assignment at least thirty (30) days prior
to the date of such assignment. The failure of Grantee to give such notice shall not affect
the validity of such assignment nor shall it impair the validity of this Easement or limit its
enforceability in any way.
SECTION 11. Subsequent Transfers. Grantors agree to incorporate the terms of his
Easement by reference in any deed or other legal instrument by which they divest
themselves of any interest in all or a portion of the Property, including, without limitation,
a leasehold interest. Grantors further agree to give written notice to the date of such
transfer of any interest at least thirty (30) days prior to the date of such transfer The
failure of Grantors to perform any act required by this paragraph shall not impair the
validity of this Easement or limit its enforceability in any way.
SECTION 12. Estoppel Certificates. Upon request by the Grantors, Grantee shall
within thirty (30) days execute and deliver to Grantors, or to any party designated by
Grantors, any document, including an estoppel certificate. which certifies, to the best of
the Grantee's knowledge, Grantor's compliance with any obligation of Grantors
contained in this Easement or otherwise evidences the status of this Easement. Such
certification shall be limited to the condition of the Property as of Grantee's most recent
inspection. If Grantor's request more current documentation, Grantee shall conduct and
inspection, at Grantor's expense, within thirty (30) days of receipt of Grantor's written
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Big Muskego Estates Conservation Easement
SECTION 13. Notices. Any demand, notice, request, consent, approval, or
communication that either party desires or is required to give to the other shall be in
writing and either served personally or sent by first-class mail, postage prepaid,
addressed as follows:
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To Grantors: Big Muskego Estates LLC
do Towne Realty, Inc.
710 North Plankinton Avenue
Milwaukee, WI 53203
Attn: William Wigchers
To Grantee: City of Muskego
P 0. Box 749
Muskego. WI 53150
Or to such other address as either party from time to time shall designate by written
notice to the other
SECTION 14. Recordation. Grantee shall record this instrument in a timely fashion in
the official records of Waukesha County, Wisconsin, and may re-record at any time as
may be required to preserve its rights in this Easement.
SECTION 15. General Provisions.
15.1 Controlling Law. The interpretation and performance of this Easement shall be
governed by the laws of the State of Wisconsin.
15.2 Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the grant to effect
the purpose of this Easement and the policy and purpose of The City of Muskego. If any
provision in this instrument is found to be ambiguous, an interpretation consistent with
the purpose of this Easement that would render the provision valid shall be favored over
any interpretation that would render it invalid.
15.3 Severability. If any provision of this Easement, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of this
Easement, or the application of such provision to persons or circumstance other that
those as to which it is found to be invalid, as the case may be, shall not be affected
thereby.
15.4 Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Easement, all of which are merged herein.
15.5 No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor’s title in any respect.
15.6 Joint Obligation. The obligations imposed by this Easement upon Grantors shall
be joint and severable.
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Big Muskego Estates Conservation Easement
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15.7 Successors. The covenants, terms, conditions, and restrictions of this Easement
shall be binding upon, and inure to the benefit of, the parties hereto and their respective
personal representatives, heirs, successors, and assigns and shall continue as a
servitude running in perpetuity with the Property. The terms "Grantors" and "Grantee",
wherever used herein, and pronouns used in place thereof, shall include, respectively,
the above named Grantors and their personal representatives, heirs, successors, and
assigns, and the above named Grantee and its successors and assigns.
15.8 Termination of Rights and Obligations. A party's rights and obligations under this
Easement terminate upon transfer of the party's interest in the Easement or Property,
except that liability for acts or omission occurring prior to transfer shall survive transfer
15.9 Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect
upon construction or interpretation.
15.10 Counterparts. The parties may execute this instrument in two or more
counterparts. which shall, in the aggregate, be signed by both parties; each counterpart
shall be deemed an original instrument as against any party who has signed it. In the
event of any disparity between the counterparts produced, the recorded counterpart
shall be controlling.
IN WITNESS HEREOF, Grantor has caused this Agreement to be signed by its
appropriate officers and their seals to be hereunto affixed in duplicate original
counterparts on the date and year first written above.
A. BIG MUSKEG0 ESTATES LLC
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STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this dayof 2002, of Big
Muskego Estates LLC, to me known to be the person who executed the foregoing
instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
Big Muskego Estates Conservation Easement
Page 10
IN WITNESS HEREOF, City has accepted this Deed of Conservation Easement to be
signed by its appropriate officers and their seals to be hereunto affixed in duplicate
original counterparts on the date and year first written above,
B. CITY OF MUSKEGO:
BY:
Mark Slocomb. Mayor
BY:
Jean K. Marenda. City Clerk-Treasurer
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day f-, 2002, the above amed Mark
Slocomb, Mayor and Jean K. Marenda, City Clerk-Treasurer of the City of Muskego, to
me known to be the persons executed the foregoing instrument, and to me known to be
such Mayor and City Clerk-Treasurer of said municipal corporation, and acknowledged
that they executed the foregoing instrument as such officers as the deed of said
municipal corporation by its authority and pursuant to the authorization by the Common
Council from their meeting on the day of ,2002.
Notary Public-State of Wisconsin
My Commission Expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Deed of Conservation
Easement for Big Muskego Estates Subdivision, Muskego. Wisconsin, as accepted by
the Common Council pursuant to the authorization by the Common Council from their
meeting on the day of ,2002.
BY THE COMMON COUNCIL
Jean K. Marenda. City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This day ,2002.
My commission expires
This document drafled by:
Brian D. Turk, Director of Planning
City of Muskego. WI a
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Bi4 Muskego Estates Conservation Easement
Exhibit "A"
Boundary Description of entire lands to be known as Big Muskego Estates
A part of the Southeast one quarter and Southwest one quarter of Section 13, T5N R20
E, City of Muskego, Waukesha County, Wisconsin, commencing at the northwest corner
of the southeast quarter of Section 13, and the beginning of the property to be
described; thence N87 O 18'00 E 827.64 feet; thence S 01 11'16 E 1,789.28 feet;
thence S 89" 01' 34 W 296.89 feet to a point on the centerline of Durham Drive; thence
N 38' 45 12" W 444.48 feet along said centerline; thence S 36' 03' 13 37.85 feet to a
found iron pipe; thence S 36 03 13 W 439.64 feet; thence S 88' 07' 00" W
approximately 2,854 feet to a point on the shoreline of Big Muskego Lake; thence
northerly along said shoreline approximately 450 feet; thence N 87' 34 56 E
approximately 1,272 feet; thence N 89 46' 36" E 30.79 feet; thence N 77 O 57' 47" E
178.17 feet; thence N 07' 24' 05 W 961.00 feet; thence N 03' 12' 59" W 290.46 feet to
a point on the south right-of-way line of Holz Drive; thence N 87 " 27' la" E 454.88 feet
along said right-of-way line to a point on the center line of Durham Drive; thence S 43
04' 00 E 59.28 feet along the centerline of Durham Drive; thence N 46' 56 00" E 83.68
feet; thence N 02 32' 43" W 50.69 feet to a point on the north line of the Southwest
quarter of said Section 13; thence N 87 27' 18" E 799.39 feet to the northwest corner
of the southeast quarter of Section 13 and the point of beginning of this description.
Said lands contains approximately 92.21 37 acres.
0
City of Muskego
Plan Commission Supplement PC 013-2002
For the meeting of: March 19,2002
REQUEST: Conservation Easement - Big Muskego Estates
Durham Drive I part of Tax Key No. 221 1.999
SW % of SECTION 23
PETITIONER: Towne Realty, Inc.
INTRODUCED February 5,2002
LAST AGENDA: March 5,2002
PREPARED BY: Brian Turk
BACKGROUND PC 013-2002
Item was initially deferred pending City Attorney's review of Petitioner's written questions and comments on the
original version.
The draft presented March 5Ih includes revisions based upon the City Attorney's responses to questions from the
petitioner Item was deferred March 5Ih at petitioner's request. Petitioner sought further clarification from City
Attorney on several provisions. At this time, all matters have been resolved.
STAFF RECOMMENDATION PC 013-2002
Approval of Resolution #PC 013-2002
City of Muskego
-~ - ~~
The 2010 Plan depicts Durham Drive to be a 100 foot wide ultimate right-of-[
way. The proposal is consistent with the Plan. Access control is provided.
The developments will be served by municipal sewer. Water will be provided by
community well. The proposal is consistent with the Plan.
Street System Plan:
Utility Service Areas:
-
Plan Commission Supplement PC 013-2002
For the meeting of: March 5,2002
REQUEST: Conservation Easement - Big Muskego Estates
Durham Drive I part of Tax Key No. 221 1.999
SW % Of SECTION 23
PETITIONER: Towne Realty. Inc
INTRODUCED: Februaly 5,2002
LAST AGENDA February 5,2002
PREPARED BY: Brian Turk
BACKGROUND PC 013-2002
Item was deferred pending City Attorney's review of Petitioner's written questions and comments on the original
version.
PLAN CONSISTENCY PC 013-2002
STAFF DISCUSSION PC 013-2002
0 The proposed Conservation Easement is based on a nationally accepted model promoted by the Trust for Public
Land and the Land Trust Alliance. The form and content have been reviewed and approved by Ihe City Attorney. In
summary, Outlot 1 and Outlot 2 are permanently deed restricted for open space and stormwater management
purposes. The easement is granted to the City, and may be transferred to a third party land trust at a later date.
Ownership of the outlots remains with the subdivision's incorporated Owners Association.
The draft presented March 5Ih includes revisions based upon the City Attorney's responses to questions from the
petitioner.
STAFF RECOMMENDATION PC 013-2002
Approval of Resolution #PC 013-2002
RESOLUTION #P.C. 013-2002
APPROVAL OF A CONSERVATION EASEMENT FOR THE BIG MUSKEGO ESTATES
(DURHAM DRIVE /TAX KEY NO. 2211.999)
SUBDIVISION LOCATED IN THE SW X OF SECTION 23
I - WHEREAS, A Conservation Easement was submitted by the City of Muskego Conservation
Coordinator for the Big Muskego Estates Subdivision located in the SW % of Section 23, and
WHEREAS, The Conservation Easement provides that approximately 49.43 acres of land west of
Durham Drive shall be retained in permanent open space and stormwater management uses, and
WHEREAS, Said Easement is based on national models promoted by the Trust for Public Land
and the Land Trust Alliance, and the form has been approved by the City Attorney, and
WHEREAS, Said Easement is consistent with the Preliminary Plat and Pre-Development
Agreement approved by the Common Council on January 23, 2002.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conservation
Easement for the Big Muskego Estates Subdivision located in the SW 'A of Section 23.
BE IT FURTHER RESOLVED, That a copy of said Easement and Plan shall be kept on file in the
Planning Department and that all aspect of this document as they relate to land management shall
be maintained in perpetuity unless otherwise authorized by the Common Council, or their
successors and assigns to the Easement.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this Resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego - Adopted May 7,2002
Defeated:
Deferred: February 5, 2002, February 19, 2002, March 5, 2002, March 19. 2002, April 2, 2002.
April 16, 2002
Introduced: February 5, 2002
ATTEST. Sandi Asti, Recording Secretary