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CCR2004025COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #025-2004 APPROVAL OF DISTRIBUTION EASEMENT TO WE ENERGIES BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve the attached Distribution Easement to WE Energies. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the document in the name of the City. DATED THIS 27th DAY OF Januarv ,2004. SPONSORED BY Mark A. Slocomb, Mayor ,.- This is to certify that this is a true and accurate copy of Resolution #025-2004 which was adopted by the Common Council of the City of Muskego. ~K Þ1~ Cler reasurer 1/2004jmb r Document Number We Energies DISTRIBUTION EASEMENT UNDERGROUND '-"aNa. 2500 For good and valuable consideration which the CITY OF MUSKEGO, and LYNN A. KURER and WAYNE BUSH BERGER as their rights may apply, hereinafter referred to as "grantor", owners of land, acknowledges receipt of, and grants without warranty to WISCONSIN ELECTRIC POWER COMPANY, a WISconsin corporation doing business as We Energies, hereinafter referred to as "grantee", a permanent easement upon, within and beneath a part of grantor's land hereinafter referred to as "easement area". The easement area is described as commencing at the Northeast comer of the Southwest 1/4 of Section 2, thence South 00057 OS" East 773.00 feet along the East line of said Quarter Section, thence South 850 54' 16" West 55.11 feet to the point of beginning of easement described herein, thence continuing South 850 54' 16" West 20 feet to a point on the Proposed Right of Way in Waukesha County R/W project Number 2380 (11), thence North 000 57 05" West 20 feet along said proposed right of way line, thence North 85054' 16" East 20 feet, thence South 000 57' OS" East to the point of beginning, being part of the Northeast 1/4 of the Southwest 1/4 of Section 2, Township 5 North, Range 20 East, in the City of Muskego, County of Waukesha, State of WISCOnSin. . RETURN TO: We Energies PROPERTY RIGHTS & INFORMATION GROUP 231 W. MICHIGAN STREET, ROOM A252 PO BOX 2046 MILWAUKEE, WI 53201-2046 The location of the easement area with respect to the grantor's .Iand is as shown on the attached drawing, marked Exhibit uN, and made a part of this document. DURHAM DRIVE & MSKC 2167-997 (Parcel Identification Number) 1. Purpose: The purpose of this easement is to install, operate, maintain and replace underground utility facilities, conduit and cables, concrete slab, for a proposed electric pad mounted vacuum fault interrupter, together with all necessary and appurtenant equipment under and above ground, as deemed necessary by grantee, all to transmit electric energy and signals. Trees, bushes, branches and roots may be trimmed or removed so as not to interfere with grantee's use of the easement area. 2. Access: Grantee or its agents shall have the right to enter the grantor's land for the purpose of exercising its rights in the easement area. 3. Buildings or Other Structures: The grantor agrees that no structures will be erected in the easement area or in such close proximity to the electric facilities as to create a violation of the VVisconsin State Electrical Code or any amendments to it 4. Elevation: The grantor agrees that the elevation of the existing ground surface within the easement area will not be altered by more than 4 inches without the written consent of grantee. 5. Restoration: Grantee agrees to restore or cause to have restored the grantor's land, as nearly as is reasonably possible, to the condition existing prior to such entry by the grantee or its agents. This restoration, however, does not apply to any trees, bushes, branches or roots which may interfere with grantee's use of the easement area. 6. Exercise of Rights: It is agreed that the complete exercise of the rights herein conveyed may be gradual and not fully exercised until some time in the Mure, and that none of the rights herein granted shall be lost by non-use. 7. This grant of easement shall be binding upon and inure to the benefit of the heirs, successors and assigns of all parties hereto. r NE corner of then SW Yo of Sec. 2 T 5 N, R 20 E . I I 51+ ,~ ,.,' I ,. I ,. ,. I ",' ". I ",' ". I ,. ",.",' I ",' I ~~~~. I rðb~ : c}.'-" ~# clI ",.'" Ö ",' q) ". CJ) ",' ,I,,- ",' ~~-~ ",' ",' ",' ,. ". cb 260ft. ",' ~ ",' ;;w ",.",' ~ Existing P/L ... ~ II. =* L\1 I I I I I I I I I I I ~ ~55.11 ft.~ 20' X 20' . EASEMENT AREA 100 -- 2500 REVISIONS PL ~ Proposed RNIIline, Waukesha Co. RNII Project No. 2380(11) Q EXHIBIT "A" NOT TO SCALE DRAWN BY Alex Vojvodich RfW as proposed in Waukesha Co. RfW project No. 2380(11) Part of the NE % of the SW % of Sec. 2 T 5 N, R 20 E City of Muskego Waukesha County, Wisconsin DATE January 15, 2004 r Grantor: CITY OF MUSKEGO BY MARK A. SLOCOMB BY JEAN K. MARENDA Acknowledged before me in County, Wisconsin on ,2004, by Mark A. Slocomb, the Mayor and Jean K. Marenda, the Clerk-Treasurer of the City of Muskego, for the municipal corporation, by its authority, and pursuant to Resolution File No. adopted by its Common Council on ,2004. Notary Public State of Wisconsin My commission expires (NOTARY STAMP/SEAL) r- r- This instrument was drafted by Alex Vojvodich on behalf of Wisconsin Electric Power Company, PO Box 2046, Milwaukee, Wisconsin 53201-2046.