CCR2003120.
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AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #120-2003
APPROVAL OF WATER EASEMENT AGREEMENT
BETWEEN THE CITY OF MUSKEGO AND ST. LEONARD CONGREGATION
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee, does hereby approve the attached Water
Easement Agreement between the City of Muskego and St. Leonard Congregation, as
amended, and the Waiver of Potential Condemnation Rights.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the agreement in the name of the City.
DATED THIS 24th DAY OF JUNE, 2003.
SPONSORED BY
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy Salentine
Ald. Eric Schroeder
Deferred: 5/27/03,6/10/03
This is to certify that this is a true and accurate copy of Resolution #120-2003 which
was adopted by the Common Council of the City of Muskego.
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rj{ tn~ CI -Treasurer
5/2003jmb
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FILE No.9ôô OÔ/O~ '0$ PH 01:53 ID;ARENZ,MOLTER,MACY FAX:2f52 f51I~' $2ll
OAL~ W. MEN'
DONAI D S. MOLlEIt, m.
JOliN P. MA<:Y,
COVI11 COMMISSIONEI'
II. STANL.v IIIFfI.E.
COVRT C~MMlSSJONElI
'!CIt","",1N1>1.
FRIC J. LAI\SON
Jum A. AQVAVI.
OVAN E. ""RBEAV
JOSEPH D. MPI.ENOES
lAW OFFICES OF
ARENZ, MOLTER, MACY &. RIFFLE, S.C.
720 N. EAST AVENUE
P.O. ßOX 1348
WAUKESHA, WISCONSIN 53187-1348
11'I.""ON""""U
FACSIMII' "'.911) MEA (:ODE 262
June 5, 2003
Via Fax
Fax #679-5614
Total Pages: 6
Mr. Sean McMullen
Director of Engineering
CITY OF MUSKEGO
P.O. Box 749
Muskego, WI 53150-0749
Re: St. LeonardlWater
Dear Sean:
We are in receipt of the title commitment in the above-mentioned matter. You should
have received a copy of the same. I have the following comment':):
1.
2.
The title is in S1. Leonard Congregation, a Wisconsin corporation.
We have inserted the legal description at Schedule A, No.3, into the Easement
document as the description of the entire property. Please advise if that is
correct.
Schedule B-1, Requirement (d), calls for that part of the Churches by-Jaws
pertaining to the sale of real estate and the procedure that must be followed. In
addition, it calls for a certified copy of an authorizing resolution which may be
required by the bY-laws. Please obtain the same and give me a copy.
Before closing, we should obtain gap coverage.
Schedule B-II contains several exceptions to title. Please review and make sure
none of the exceptions interfere with the use the City wishes to make of the
property.
Schedule B-II, No. 17, includes a mortgage in favor of Bank One, N.A.
Therefore, we have revised the Easement to include them as a necessary party.
3.
4.
5.
6.
Attached please find the revised Easement.
Once you have had a chance to review this matter, please give me a cali. Thanks.
Sincerely,
C--'"
~-onald s.llt<:r~
DSM/pw
Attachment
cc: Mayor Mark A. Slocomb (Via Fax #679-5630, 6 Pages)
Ms. Jean Marenda, Clerk (Via Fax #679-4106, 6 Pages)
~tJêt: i
FILE No.~66 06/05 '03 PM 01:54 ID:ARENZ,MOLTER,MACY
. I EASEMEN'I' AND CONVEYANCE
OF WA.TER MAINS AND
RELATED WATER SER~I.CE
ASSETS IX: FACILI'I'IB:S
""cum""' No.
THIS INDENTURE, made this day of
, 2003, by and between ST. LEONARD
CONGREGATION, a Wisconsin corporation, and BANK
ONE, NA, hereinafter referred to as party of the first part,
and CITY OF MUSKEGO, located in Waukesha County,
Wisconsin, hereinafter referred to as party of second part.
WITNESSETH:
WHEREAS, the party of the first part, ST.
LEONARD CONGREGATION, owns a parcel of real
estate and interest in water mains and related water
assets and facilities and the party of the first part, BANK
ONE, N.A., holds a mortgage on the parcel of real estate
located in the City of Muskego and described as follows:
SEE ATTACHED LEGAL DESCRIPTION
MARKED EXHIBIT "X"
FAX:2ô2 54$ 9211 PAGE 2
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AUonmy Donuld S. Moller. Jr.
Arenz, Molrcl', M,ICY & Rime, S.c.
1'.0. Box 1348
Wuukesha, WI 53187-1348
Tax Key No.: Part of MSKC 2196.945 .
WHEREAS, party of the second part has requested from the party of the first part a permanent
easement for water main purposes including construction, repair, maintenance and reconstruction of
the water main and conveyance of all water mains and related water service assets and facilities
contained therein.
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,
do grant and convey unto the party of the second part, forever, a permanent easement for water main
purposes and also conveys to the party of the second part all water mains and related water service
assets and facilities contained therein, including construction, repair, maintenance and reconstruction
of the water main and other water service assets and facilities contained therein in the City of
Muskego, Waukesha County, Wisconsin, on, over and in the following described real estate:
SEE ATTACHED LEGAL DESCRIPTION
MARKED EXHIBITS "A" & "A-1"
USE OF LAND
Party of the first part consents to the entry of the employees, workmen, agents or independent
contractors of party of the second part for and incidental to the construction, repair and maintenance
f reconstruction of said water main and all related water service assets and facilities contained
rein, but reserve to themselves the right to make such use of land included in said easement,
ubject 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 water main and all water
service assets and facilities contained therein or prevent ingress or egress, thereto for the purpose
of construction, repair, maintenance and reconstruction thereof.
FILE No.966 06;06 'O~ PM 01:64 IP:ARENZ,MOLTER,MACY FAX:262 548 9211 PAGE 3
The parties expressly acknowledge that the party of the second part may allow others not
.iag to this easement to use the easement for the purposes indicated above.
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.
ST. lEONARD CONGREGATION
By:
STATE OF WISCONSIN)
)ss.
COUNTY OF WAUKESHA )
Personally came before me this day of ---' 2003, the above named
, of ST. lEONARD CONGREGATION, to me known to be the person
who executed the foregoing instrument and acknowledged the same.
.
NOTARY PUBLIC, STATE OF Wi
. My commission expires:
BANK ONE, NA
By:
STATE OF WISCONSIN)
)ss.
COUNTY OF WAUKESHA )
Personally came before me this day of , 2003, the above named
, as the
, of BANK ONE, NA., to me
known to be the person who executed the foregoing instrument and acknowledged the same.
NOTARY PUBLIC, STATE OF WI
My commission expires:
'HIS INSTRUMENT WAS DRAFTED BY:
.torney Donald S. Molter, Jr.
RENZ, MOLTER. MACY & RIFFLE, S.C.
P.O. Box 1348
Waukesha, WI 53187-1348
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FILE No. 966 06/0~ . 03 PM 01: 64 !D: ARENZ. MOLTER. MACY FAX:262 548 9211 PAGE 4
EXHIBIT
l"K- II
,
'l'l1at part of the, Southea!lt 1(4 of S..ction 9, Town 5 North, Range 20 Elast, in the
city of Muskego, county of Waukesha and state of Wisconsin bounded and described as
follows, to-wit: .
Commencing at the 60ut!:1east corner 01: said 1/4 Section, running thence South 8S0 34'
35" West, along the South line of said 1/4 Section, 433.00 feet to a point; thence
North 01" 13' 04" West, and puallel with the East line of said 1/4 Section, 57.00
feet to the point of beginning ot the lands to be described; thence South SS' 34' 35"
west, along a line 57.00 feet North of as measured normal to and parallel with the
South line of said 1/4 Section, 627,62 feet to a point; thence North 010 13' 04" West,
along a line 1060.62 feet West of and parallel with the East line of said 1/4
SactioI),-, 917.24 feet: to & point; thence North SS" 46' 56" liast, ,md along the south
line of St. Leonard's Subdivision, a recorded Subdivision in !laid 1/4 Section, 607.62
feet to a point in the West line cf westwood Drive; thence South 01' 13' 04" East,
along said West line of W!jstwood Drive, 690.02 feet to a point; thence North SSo 46'
56" East, along the south line of Tower Drive, 20.00 feet to a point; thence South 01.
13' 04" East, along the West line of Certified Survey Map NO. 1421 recorded in Volume
9 of certified survey Maps, pages 267 and 26S, 224.96 feet to the point of beginning,
ADDRESS: W173 S7743 WESTWOOD DR
Part of Tax Key No. MSKC 2196.945
,J
riLl:. No.\:jljlj \)Ij/\)~ '\)~ 1"1-\ \)l;~~ W:HKt:NL,nULlt:K,llHl-Y
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t-H/\ :,,0" 04<:5 :';"11
Exhibit" A"
Water Main Easement
Being part of the Southeast ~ of Section 9, Town 5 North, RIUlge 20 East, in the City of
Muskego, Waukesha County Wisconsin, bounded and described as foHows:
Commencing at the Southeast corner of said Southeast ~; thence S 89045'00" W along
the South line of said Southeast ~, 453.51 feet; thence N 00002'05" W, 313.14 to the
point of beginning oflands to be described; thence S 89014'17" W, 96.65 feet; thence S
52028'07" W, 284.91 feet; thence N 37031 '53" W, 67.65 feet; thence N 10055'07" E,
3.12 feet; thence N 80014'21" W, 26.07 feet; thence N 09045'39" E, 20.00 feet; thence S
80014'21" E, 26.48 feet; thence N 10055'07" E, 25.93 feet; thence N 35057'19" W, 11.42
feet to the Southeasterly wall ofthe gym addition; thence N 54002'41" E, along said wall,
20.00 feet; thence S 35057'19" E, 20.09 feet; thence S 10055'07" W, 48.72 feet; thence S
37031'53" E, 38.65 feet; thence N 52028'07" E, 158.46 feet; thence N 37031 '53" W,
20.49 feet; thence N 52028'07" E, 18.31 feet; thence N 380 23' 19" W, 11.28 tèet;
thence N 51036'41" E, 20.00 feet; thence S 38023'19" E, 32.07feet; thence N 52028'07"
E, 74.48 feet; thence N89014'! T' E, 103.55 feet; thence S 00002'05" E, 20.00 feet to the
point ofbegiruúng. Bearings are referenced to the South line of the Southeast ~ of
Section 9 assumed to bear S 89045'00" W per plat of survey no. 010219 by Landcraft
Survey and Engineering, Inc. dated 1/13/2001.
r'Hbt: '"
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F! LE No, 966 06,'06 '03 PM 01 :66 ID: ARENZ , MOLTER, MACY FAX:262 548 9211 6
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Exhibit "A-1"
EXHIBIT: PUBLIC WATER MAIN EASEMENT
ST. LEONARD CONGREGATION. CITY OF MUSKEGO
8
BeIng a part of the Southeasl ~ of Section 9, Township 5 Nonh, Ranga 20 Easl. In tha City
of Muskego, Waukasha County, WJBt<Jnsln, mora parllcUlarlY desClibed as follows:
Commencing at Ina Soulheest cornar of said Soutneasl Yc;
Thenco 389'45'00" W, alon9 tha sou\l1l1"" of said 30utheesl Yc, 453.51 feet;
Thence N 00'02'05" W, 313.14 feet 10 Ihe place 01 beginnIng of tha lands 10 be described:
Thence 3 89'14'17' W, 96.65 feal;
ThOn"" S 52'28'07' W, 284.91 feel;
Thence N 37'31'53" W, 87.85 feel:
Thon"" N 10'55'07' E, 3,12 le.l;
Thance N 80'14'21" W. 26.07 leat.
TMnce N 09'45'3!J' E, 20,00 feel:
Thence S 80'14'21" E, 28.48 feel;
Thence N 10'55'07" E, 25.03 feel;
Thence N 35'57'16 W, 11,42 faallo Ihe Southerly wall of the gym addlUon;
Thence N 54'02'41 E, 310ng said wall, 20.00 f.el:
Thence S 35'57'19' E, 20.09 feel;
Thence S 10'55'07" W, 48.72 feet;
Thence S 37'31'53" E, 38,65 feet;
Thence N 52'28'07' e, 158.48 f.at:
Thence N 37'31'53" W. 20.46 f.et.
Thenoa N 52'28'07" E, 16,31 feer:
Thence N 38023'19" W, 11.28 f.at;
Thence N 51'38'41" E, 20,00 f.el;
Thence S 38'23'19' E, 32.07 reel;
Thence N 52"28'07" E, 74.48 feet;
Thance N 86'14'17" E, 103.55 f.el:
Thence S 00'02'05" E. 20.00 fee' to the plaoe of baginnlng.
1"=100'
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TOWER DR,
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COMMON COUNCIL. CITY OF MUSKEGO ,J.0)f)
RESOLUTION #120-2003 7 {)r
PPROVAL OF WATER EASEMENT AGREEMENT
BETWEEN T CITY OF MUSKEGO AND ST. LEONARD CONGREGATION
BE IT RESOLVED That tIì Common Council of the City of Muskego, upon the
recommendation of the Fina ce Committee, does hereby approve the attached Water
Easement Agreement betwee the City of Muskego and St. Leonard Congregation.
BE IT FURTHER RESOLVED Tha the Mayor and Clerk-Treasurer are authorized to
sign the agreement in the name of ttì City.
DATED THIS
-
DAY OF ,2003.
FINANCE C MITTEE
Ald. Rick Petta ki
.
Ald. Nancy Sale ine
Ald. Eric Schroede
Deferred: 5/27/03, 6/1 %
This is to certify that this is a true and accurate copy of Resolution #120-2003 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
5/2003jmb