CCR2003240AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #240-2003
r
APPROVAL OF CONVEYANCE OF RIGHTS IN LAND
TO WISCONSIN DEPARTMENT OF TRANSPORTATION
WHEREAS, In conjunction with the Reconstruction of US Highway 45 project, the
Wisconsin Department of Transportation must acquire easement rights from the City of
Muskego.
NOW, THEREFORE BE IT RESOLVED That the Common Council of the City of
Muskego does hereby approve the Conveyance of Rights in Land as identified to the
Wisconsin Department of Transportation and the Lump Sum Agreement for Payment
for Lands or Interests in Land Acquired from Public Utility as amended.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign said documents in the name of the City.
DATED THIS 11th DAY OF November ,2003.
.r' SPONSORED BY
Mayor Mark A. Slocomb
This is to certify that this is a true and accurate copy of Resolution #240-2003 which
was adopted by the Common Council of the City of Muskego.
11/2003jmb ~f( tlf~e< --"
Cle1r reasurer
.
(
Document Number
CONVEYANCE OF RIGHTS IN LAND
Wisconsin Department of Transportation
,... "rnpt from fee s.77.25(2r} Wis. Slats.
'50 9/2002 {Replaces ED650} s.84.09{1} Wis. Stats.
City of Muskego, GRANTOR, for and in consideration of the sum of one and
00/100 dollars ($1.00)
grants and conveys any and all rights and interest which, by virtue of prior title, easement,
license, or other legal devices, GRANTOR holds in the land described below to the State
of Wisconsin, Department of Transportation, GRANTEE, for the purposes of constructing,
operating, and maintaining a public highway and appurtenant facilities on, over, under, or
across the said land; provided, however that GRANTOR reserves to itself the subordinate
right to cross, traverse, or otherwise occupy said land with its present and future overhead
Of underground transmission lines, appurtenant facilities, and supporting structures in a
manner consistent with the purposes of this conveyance and in a manner which will not
Interfere with normal highway maintenance and operation; provided, further, that the costs
of any relocation or alteration, now or in' the future, of the transmission lines, appurtenant
facilities, or supporting structures when required by the GRANTEE for any reason,
Including accommodating future expanded or additional highway facilities on, over, under
Of across said land, will be paid by the GRANTEE; provided, however, that the costs of
such relocation or alteration, or of the installation of new or additional facilitieS'when done
at the instance of and for the purposes of the GRANTOR, will be defrayed by the
GRANTOR.
This conveyance shall be binding on the GRANTOR, GRANTEE, and their respective
successors and assigns.
Ally person named in this conveyance may make an appeal from the amount of
compensation within six months after the date of recording of this conveyance as set forth
in s.32.05(2a) Wisconsin Statutes. For the purpose of any such appeal, the amount of
compensation stated on the conveyance .shall be treated as the award, and the date the
conveyance is recorded shall be treated as the date of taking and the date of evaluation.
Other persons having an interest in record in the property:
None
_~.,al Description
See reverse side of this document.
This space Is reserved for recording data
Return to
Wisconsin Department of Transportation
Transporation District 2,
ATTN: Patrick Harley
141 N.W. Bartstow Street
PO Box 798
Waukesha, WI 53187-0798
ParcelldenUfication NumberfTax Key Number
The undersigned certify that this instrument Is executed pursuant to a resolution of the Board of Directors (or shareholders, stockholders, or members, If
authorized by law) of GRANTOR corporation or cooperative.
Acknowledgement
State of
(Date) (Grantor Name)
(Signature)
(TItle)
County
)
) 55.
)
On the above date, this instrument was acknowledged before me by the
named person(s).
(Print Name)
(Signature) (Signature, Notary Public)
(Title) (Print or Type Name, Notary Public)
(Print Name) (Date Commission ExpIres)
fI[QjE!Çtl.l:lZ~30-02~~__~~_~ThisJI1~trtJmen,-~s ~ftedby 1ViSc9r\Sin ~epartl!!~n! of Tr~~~portafíór'-~==~-==-_.- _~arcel No. 1 ~1
LEGAL DESCRIPTION:
In the NE 1/4 ot the SE 1/4. the SE 1/4 ot the NE 1/4 Section 36, the NE 1/4 of
the SE 1/4 Section 25 all in Township 5 North, Range 20 East in the City of Muskego.
Waukesha County. Wisconsin. Lying within the right-of-way acquired or to be acquired
for the reconstruction of USH 45, as shown on the right-ot-way plat for Project I.D.
2430-02-20 showing an approved date of September 19. 2000 and a revised date of
May 16. 2002. containing so much of those certain easements as recorded with the
office of the Register of Deeds for.Waukesha County. State of Wisconsin in:
Reel Image Document No. Parcel # Tax I.D. #
2059
2839
2839
1.353
1.1462
1. 1462
2624451
2624451
2624451
2624451
2624450
2624450
2624450
2033859
2418537
2418537
93
93
93
94
93
93
93
104
107
107
MSKC 2301-997
MSKC 2301-998
MSKC 2304-998
MSKC 2304-999
MSKC 2301-997
MSKC 2301-998
MSKC 2304-998
MSKC 2260-998
MSKC 2257-973-001
MSKC 2260-999
As lie within the right-of-way acquired or to be acquired for the construction of USH 45,
as described above.
Project I.D.: 2430-02-41 Parcel: 133
--------- ------______m______--------------~------------------- -- ---~--------~----------- -- --------
LUMP SUM AGREEMENT FOR PAYMENT FOR LANDS ORf
INTERESTS IN LANDS ACQUIRED FROM PUBLIC UTILITY
DT1542 5/2002 (Replaces ED1021) Wisconsin DepartmentofTransportation
. his Agreement is made and entered into by and between the State of Wisconsin, Department of Transportation, Division of
Transportation Infrastructure Development hereinafter designated as the "DEPARTMENT," and City of Muskego, a public
utility company, a quasi utility or cooperative hereinafter designated as the "COMPANY," to provide for the lump sum payment
in the amount of $~ooO for lands or interests in lands being acquired from the COMPANY in connection with a highway
improvement designated:
Project and Parcel: J.D.: 2430-02-41 Parcel: 134
Raynor Avenue (USH 45)
N. Cape to Loomis Drive
USH 45
Waukesha County
Said parcel is included in the DEPARTMENT's Order and map filed with the County Highway Committee and County Clerk as
required by Section 84.09(1), Wisconsin Statutes.
WITNESSETH: WHEREAS the COMPANY now has facilities located on the aforesaid parcel lands, and the
DEPARTMENT has requested the COMPANY to remove, relocate, rebuild or otherwise rearrange said facilities in order that
these lands may be vacated to the extent required for the designated highway improvement.
NOW, THEREFORE, it is mutually agreed as follows:
1. The COMPANY will convey to the DEPARTMENT, by separate instrument, the parcel of land or land interests identified
above.
2. The COMPANY agrees. to remove, relocate, rearrange or rebuild its facilities situated on said parcel as required by the
DEPARTMENT to construct and operate the above-described highway improvement.
The work necessary for this purpose is indicated in the Exhibit attached hereto and made a part hereof. The Exhibit
consists of a statement of the work and proposed schedule for its accomplishment, the estimate of cost, plans and
special provisions, if any.
The work shall be performed under normal COMPANY practices and the costs thereof computed and determined in
accordance with the work order accounting procedure prescribed or approved for the COMPANY by the regulatory
agency having jurisdiction, including applicable provisions of the Code of Federal Regulations 23, Part 645, Subpart A-
Utility Relocations, Adjustments, and Reimbursement. Credits for anticipated salvage and accrued depreciation, if any,
have been provided in the same amount and computed in the same manner as if the work were being undertaken at the
expense and volition of the COMPANY.
3. The DEPARTMENT agrees to pay the COMPANY the lump sum amount indicated above after the parcel has been
conveyed to it and after the adjustment of the COMPANY's facilities presently situated thereon has been satisfactorily
completed.
Payment of such lump sum amount by the DEPARTMENT to the COMPANY shall constitute full and final compensation
for the parcel conveyed, including all damages, costs and expenses incurred by the COMPANY and arising from or
necessitated by the conveyance. Any legal action taken by the COMPANY because of dispute arising through this
transaction shall be for monetary considerations only, and shall not be for the revocation of the conveyed parcel.
4. In connection with the performance of work under this Agreement, the COMPANY agrees not to discriminate against any
employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition,
developmental disability as defined in s.51.01 (5) Wisconsin Statutes, sexual orientation as defined in s.111.32(13m)
Wisconsin Statutes or national origin. This provision shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms
of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the
COMPANY further agrees to take affirmative action to ensure equal employment opportunities.
5. The execution of this Agreement by the DEPARTMENT shall not relieve the COMPANY from compliance with applicable
Federal and State laws, Wisconsin Administrative Codes, and local laws or ordinances which maytaffect the performance
of the work covered herein, and shall not be construed to supersede any other governmental agency requirements for
plan approval or authority to undertake the utility alteration work.
This Agreement does not supplant any permit required under Section 84.08, 86.07(2), or 86.16, Wisconsin Statutes. N,
COMPANY work affecting highway lands shall be undertaken without any required separate permit, which may be
processed and approved concurrently with this Agreement.
6. The Agreement is not binding upon the parties hereto until this document has been fully executed by the COMPANY and
the DEPARTMENT.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their proper officers and
representatives on the year and the day below written.
WISCONSIN DEPARTMENT OF
TRANSPORTATION
DIVISION OF TRANSPORTATION
INFRASTRUCTURE DEVELOPMENT
(Company)
(Signature) (Date)
(Title)
(Administrator) (Signature) (Date)
(Date) (Title)