Loading...
CCR2005113. . . AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #113-2005 APPROVAL OF "OPTION AGREEMENT TO PURCHASE" FOR CONVEYANCE OF EASEMENT ON THE ENGEL CONSERVATION PROPERTY TO THE UNITED STATES DEPARTMENT OF AGRICUL TLJRE WHEREAS, The Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture has offered the City $,137,000 for conveyam;e of a permanent easement on the Engel Conservation property; and WHEREAS, The Finance Committee has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the "Option Agreement to Purchase" for conveyance of a permanent e~asement on the Engel Conservation property for the sum of $137,000 contingent on the Engineering/Building Inspection Director indicating in his opinion that there are no encumbrances on this portion of the property. BE IT FURTHER RESOLVED that the Mayor is authorized to sign the Agreement in the name of the City. DATED THIS DAY OF JUNE ,2005. 14th SPONSORED BY: FINANCE COMMITTEE Ald. Bob Melcher Ald. Nancy Salentine Ald. Eileen Madden This is to certify that this is a true and accurate copy of Resolution #1'13-2005 which was adopted by the Common Council of the City of Muskego. ( , ~ 6/2005jmb . . . United States Department of Agriculture 8030 Excelsior Drive, Suite 200 Madison, WI 53717 Phone: (608) 662-4422 Fax: (608) 662-4430 www.wi.nrcs.usda.gov 0 N RCS Natural Resources ~ Conservation Service May 23, 2005 CERTIFIED RETURN RECEIPT City of Muskego C/O Tom Zagar P.O. Box 749 Muskego, WI 53150-0749 Dear Sirs: RE: Contract Number: 66-5F48-5-032 Enclosed is form CCC-1255-A which is our "Optiion Agreement To Purchase" a permanent easement on your property. The price we are offering is $137,00.00 for 66.88 acres. Attached to the one page form is a sample of the warranty easement deed document. The exhibit describing the easement area is also attached. This is for your information only and you need not complete the sample deed at this point in time. If you agree with the price being offered, please sign and return the form to my office, at the address provided at the top of this letter, within fifteen days of your receipt of this offer. Failure to return your option by that date will result in a rejection of offer and the funds will be reallocated to another applicant. Please forward a copy of the City's Organizational paperwork that defines who can sign on behalf of the city. I will also need the completed Direct Deposit form completed and sent in which was sent to you in a previous correspondence. If you have any questions regarding this matter, please call me at 608-.622-4422, extension 254. to Sincerely, ,/). Oh;~ ~ ALISON PEÑA Wetlands Reserve Program Coordinator Encl. The Natural Resources Conservation Service provides leadership in a partnership effort to help people conserve, maintain, and improve our natural resources and environment. An Equal Opportunity Provider and Employer . . . cc: J. White, D.C., NRCS, Waukesha, WI A. Klink, Biologist, NRCS, Juneau, WI ( uf?v)-- 1. t ;1 <S (:l)/g~l hi J v h lL' r- / ,j OMB No. 0578-0013 U. S. DEPARTMENT OF AGRICULTURE . 1. To be completed by NRCS; check appropriate box. 0 This transaction is for CCC 0 This transaction is for NRCS OPTION AGREEMENT TO PURCHASE 2. OPTION AGREEMENT TO PURCHASE NO. 66-5F48-5-032 This Option Agreement is between the United States of America (hereafter "United States"), and the following named Landowner(s), their heirs, successors and assigns (hereafter "Landowner"): . . 3. Landowner Name: City of Muskego 4. Landowner Address: C/O Tom Zagar P.O. Box 749 Muskego, WI 53150-0749 In consideration of One Dollar ($1.00), receipt of which the Landowner acknowledges, the United States and the Landowner agree that: 1. If the United States exercises this option to purchase, the Landowner agrees to convey an easement to the United States. The easement is attached as EXHIBIT A and encumbers the land generally described or depicted on EXHIBIT B, (hereafter the "Property"). Except for normal farming, pasturing, and grazing, the Landowner agrees not to do, or allow others to do, a.ny act by which the value or title to the Property may be diminished or encumbered. Subject to the terms of this Agreement, the United States will pay the Landowner (A) $ 137,000.00 for conveyance of the easement. The Landowner agrees to accept this amount as the full and final compensation for the easement. This offer is based on an estimated (B) 66.88 acres iioti],jeet to .ib.~Pg'" ~.QR Mnal aereage cleteuúin"tiÓrl. 2. 3. The United States will arrange for closing ofthe easement conveyance which may involve use of a title company or other closing agent. CCC will secure at its expense title evidence sufficient to meet Federal standards. 4. At closing, the Landowner agrees to execute an easement deed in the form described in EXHIBIT A, along with any other document which is necessary for the United States to acquire a satisfactory title to the Property. The Landowner shall pay at closing any GOnveyance taxes and taxes owing against the Property . 5. With prior notice to the Landowner, the United States may hereafter enter upon the Property for planning and acquisition purposes prior to closing. At its cost, the United States may survey and monument the Property and any associated access route. 6. All terms and conditions of this Agreement are expres,;ly stated herein, and there are no other related representations or promises. No Member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this Agreement or benefit from it. 7. This agreement is effective for (A) 6 months from the date of execution below. During that period, the United States has the option to acquire the easement for the stated purchase price. 8. Except for reasons beyond the control of the Landowner, if the Landowner fails to convey the easement, the Landowner will be in default and shall pay the United States the amount of costs incurred by the United States for survey and all other actions taken after the date, and in furtherance, of this Option Agreement. Former CCC-1255-A, NRCS-LTP-20A The signature by the NRCS representative signifies a CCC or NRCS transa,otion as indicated above. AD-1157 04-2002 . . . OMB No. 0578-0013 OPTION AGREEMENT TO PURCHASE NO. 66'~'5 pe(V -5 - ð 3.::2. 9. Ex"ul,d Ihi, (A) d,y Uf(B~,O . \ 0 ^' (c~k 10. Landowner(s) ~ - lLTitl,(ihppli"bl'J ~~. :- . ! 1:-' m::- 5 - d 3-- ()^ 12. Umted States . ~Y'--r,;., -? 13. Title Wetlands Reserve Program Coordinator This instrument was drafted by the Office of the General Counsel, U.S. Department of Agriculture, Washington, D.C. 20250-1400. OMB DISCLOSURE STATEMENT According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection ofinfonnation unless it displays a valid OMB control number. The valid OMB control number for this infonnation collections is 0578-0013. The time required to complete this infonnation collection is estimated to average 0.69 hour per response, includlng the time for reviewing instmctions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection infonnation. NONDISCRIMINATION STATEMENT The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital or family status. (Not all prohibited bases apply to all programs). Persons with disabilities who require alternative means for communication of program infonnation (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (202) 720-5964. PRIVACY ACT STATEMENT The above statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. 522a). Furnishing this infohnation is voluntary; however, failure to furnish correct, complete infonnation will result in the withholding or withdrawal of such technical or financial assistance. The infomlation may be furnished to other USDA agencies, the Internal Revenue Service, the Department of Justice, or other State or Federal law enforcement agencies, or in response to orders of a court, magistrate, or administrative tribunal. OMB No. 0578-0013 Former CCC-1255-A, NRCS-L TP-20A The signature by the NRCS representative signifies a CCC or NRCS transaction as indicated above. AD-1157 04-2002 . . . U.S. DEPARTMENT OF AGRICULTURE COMMODITY CREDIT CORPORA nON CCC - 1255 6-25-00 OMB No. 0578-0013 Warranty Easement Deed THIS WARRANTY EASEMENT DEED is made by and between of to as the "Landowner"), Grantor(s), and the UNITED STA the Commodity Credit Corporation (CCC) (hereafte The Landowner and the United States are jointly agency of the United States is the Natural Reso States Department of Agriculture. t dee cquisition is authorized by Title Xli ofthe Food Security . U.S.C. 93837), for the Wetlands Reserve Program. ; '0 for and in consideration of the sum of Dolla ), Grantor(s), hereby grants and conveys with general warranty of title to the UN1 D STATE. F AMERICA and its assigns, the Grantee, forever, all rights, title and interest in t. ' prising the easement area described in Part I and appurtenant rights of access to the e se ent area, but reserving to the Landowner only those rights, title, and interest expressly enumerated in Part n. It is the intention of the Landowner to convey and relinquish any and all other property rights not so reserved. This easement shall constitute a servitude upon the land so encumbered; shall run with the land in perpetuity; and shall bind the Landowner, (the Grantor(s)), their heirs, successors, assigns, lessees, and any other person claiming under them. SUBJECT, however, to all valid rights of record, if any. . PART 1. Description of the Easement Area. The lands encumbered by this easement deed, referred to hereafter as the easement area, are described on EXHIBIT A which is appended to and made a part of this easement deed. TOGETHER with a right of access for ingress and egress to the easement area across adjacent or other properties of the Landowner. Such a right-of-way for access purposes is described in EXHIBIT B which is appended to and made a part of this easeme ~eed. B. Ouiet Enioyment. area. . ,Landowner. The Landowner shall comply with all terms and eluding the following: A. Prohibition Without otherwise limiting the rights of the United States acquired 0.' , t is expressly understood that the rights to the following activities and us e been acquired by the United States and, unless authorized by the United States under Part N, are prohibited of the Landowner on the easement area: 1. haying, mowing, or seed harvesting for any reason; 2. altering of grassland, woodland, wildlife habitat or other natural features by burning, digging, plowing, disking, cutting or otherwise destroying the vegetative cover; . 2 . . 3. dumping refuse, wastes, sewage, or other debris; 4. harvesting wood products; 5. draining, dredging, channeling, filhng, leveling, pumping, diking, impounding, or related activities, as well as altering or tampering with water control structures or devices; 6. diverting or causing or permitting th.e diversion of surface or underground water into, within, or out of the easement area by any mean ~ 7. building or placing buildings or stmctures on the easeme . ea; 8. planting or harvesting any crop; 9. grazing or allowing livestock on the easement area; 10. disturbing or interfering with the nesting or brood-rea migratory birds. B. Noxious Plants and Pests. The Landowner is re and emergency control of pests as required b all plan to control noxious weeds and pests implementation by the Landowner. the United States and replacement malfeasànce, all other costs involved in xclude livestock shall be the D. Taxes. The Landò assessments, if any, W . an eal property and other taxes and . ed against the land. 11 report to CCC any conditions or events which may .life, and other natural values of the easement area. . ;ted States may authorize, in writing and subject to such terms and y prescribe at its discretion, the use of the easement area for onomic uses, including, but not limited to, managed timber harvest, g, or grazmg. B. L111l1 IOns. Compatible use authorizations will only be made if, upon a determination by CCC in the exercise of its discretion and rights, that the proposed use is consistent with the long-term protection and enhancement of the wetland and other natural values of the easement area. CCC shall prescribe the amount, method, timing, intensity, and duration of the compatible use. 3 . . PART V. Rights of the United States. The rights of the United States include: A. Management activities. The United States shall have the right to enter unto the easement area to undertake, at its own expense or on a cost-share basis with the Landowner or other entity, any activities to restore, protect, manage, maintain, enhance, and monitor the wetland and other natural values of the easement area. The United States, at its own cost, may apply to or impound additional~~ers on the easement area in order to maintain or improve wetland and othe fural values. . - E ' , :cement. The Parties agree that this easement deed Orcement proceeding as the stipulation of the Parties ny failur of the Landowner to comply with any of the provisions eed, the United States or other delegated authority shall have any remedy provided by law and the right: . To er upon the easement area to perform necessary work }or prevention of """- .7ediation of damage to wetland or other natural values; and, ~assess all expenses incurred by the United States (including any legal fees or attorney fees) against the Landowner, to be owed immediately to the United States. . 4 . . . PART VI. General Provisions. A. Successors in Interest. The rights granted to the United States shall accrue to any of its agents, successors, or assigns. All obligations of the Landowner under this easement deed shall also bind the Landowner's heirs, successors, agents, assigns, lessees, and any other person claiming under them. All the Landowners who are ~arties to this easement deed shall be jointly and severally liable fo~mpliance with Its terms. 5 . TO HAVE AND TO HOLD, this Warranty Easement Deed is granted to the United States of America and its assigns forever. The Landowner covenants that he, she, or they are vested with good title to the easement area and will warrant and defend the same on behalf of the United States against all claims and demands. The Landowner covenants to comply with the terms and conditions enumerated in this document for the use of the easement area and adjacent lands for access, and to refrain from any activity not specifically allowed or that is inconsistent with the purposes of this easement deed. .þ- STATE OF Dated this day of ,2_. Landowner( s): COUNTY OF . On this- day of ....... Notary Public in and for said4 proved to me to be the person {s . acknowledged that execut IN TESTIM year first above writte hereunto set my hand and official seal the day and Notary Public for the State of Residing at My Commission Expires . 6 . . . This instrument was drafted by the Office of the General Counsel, U.S. Department of Agriculture, Washington, D.C. 20250-1400. OMB DISCLOSURE STATEMENT According to the Paperwork Reduction Act of 1995, an agency may not con a person is not required to respond to, a collection of info" on unless it displ . . ä OMB control number. The valid OMB control number for this in tion collection is . 8-0013. The time required to complete this information collec'a . est, d to avera ~.69 hours per response, including the time for reviewing instruc i " se .' g. . ng ources, gathering and maintaining the data needed, and completin d revie g the c. ;. . . of information. ri SDA, Director, Office of Civil Rights, Room 326- Avenue, S.W., Washington, D.C. 20250-9410 or call 7 PLAT OF SURVEY WRP CONSERVATION EASEMENT ON LANDS OWNED BY TH CITY OF MUSKEGO LOCATED IN THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) AND THE SOUTHWEST (SW 1/4) OF THE NORTHWEST (NW 1/4) AND THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), SECTION 20" TOWN 5 NORTH, RANGE 20 EAST, IN TI-iE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN. N 88'38'32" E 996.02' NORTHWEST COR:NER OF THE NORTHEAST gg~0~~EW%~ECë.J0:::5Fl8NO N 326,670.51 E 2,493,272.49 L !!O...F~~ gF THE !!E- ~Sf~,- 20-5-~Q. 1327.80' N 88'35'07" E 2703.25 N 88.20'30" E 1969.25' NORTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) SEC. 20-5-20 CONC. UON. W/6RASS CN' - FOUND N 326,737.24 E 2,495,974.74 REFERENCE BEARING: BEARINGS ARE REFENCEO TO THE NORTH LINE OF THE SOUTH HALF OF SEC 36-7-14 WHICH BEARS S 89'50'14" E 01'24'53" E 1394.74' & - COo NO r-."': '-CO ;""v 0 z EXHIBIT A-1 ~I !~'~ on '" ... . '" on '" ... '" '" I'" 1-. I'" ~ IE - ... 0 ' If) 10 ~ I'" io co ..t- CO CO := ~~\\\\"\III/I""////l ~\\\\ C 0 N 11111. ~\'\t::... ~.,~ , ~ ~ ~ ~ ~, /~ ~., ~ ~.~ ':::."~ I~, ê ttENNEaERRY- ~ IF THE SURVEYO~'g SEAL ' ,~'. , ' O::~ IS NOT RED,~THE'~LAN IS ':.~:~IS O~ A COpy THAT;SH.ol\JLD,BE", ",' .~~, ,'. ," . - ~ ASSUMED TO'J;ÓNTAIN.'vì:~;:-' , ',: ;:3 r ~ ~ UNAUTHORIZEÐ;-;AL:t;ERATI()N,S;~/;;~'.:, " ,., ð]~ ~ THE CERTIFICATIO/4 Ct:JNTÀINtDJ '-~;ð / ",,~ ~ ~ ON THIS DocuMWfSßÀA.LL ""'1. /, $' ,:1:"í R '-l ~,~ NOT APPLY TO AÞiI;'f, C.0PltS___./"('IIII/!I,'ii"U \\\\\\\\\'\ "'!j" , n f I -, ""',~ .~I"IIII\I" WE, PIONEER ENGINEERING & SURVEYING, DO HEREBY CERTIFY THAT WE HÄV:fi:~-MÁJ~;~,::rt!lS~'$URVEY AND THAT THE INFORMATION AS SHOWN ON THE ABOVE PLAT OF SURVEY IS TRUE AND CORR~C:T'\'REP~ESENTATION THEREOF. 66.88 ACRES LEGEND: & It) v ~ :t" .- 0 U) N(3 ?-.,.~. ;:;:" W 0 - MONUMENT W/BRASS CAP . - 3/4" X 24" REBAR (SET) N 14'06'11" W -73.15' N wæ. CD RAe- 1400.00' ARC- 355.76' CHD~ 354.62' C.B.- S 00"50'49" E 30. . S 8755'53" W 1064.56' SOUTHWEST CORNER OF THE NORTHEAST QUARTER (NE 1/4) SEC. 20-5-20 UON. W/BRASS CN' - FOUND N 325,996.10 E 2,493,351.05 @ RAe- 200.00' ARC- 175.95' CHO- 170.33' C.B.- S 28"15'01' W @ RAe- 100.00' ARC- 110.05' CHD- 104.56' C.B.- S 03'43'41" W s ~ . zoo ... GRAPHIC SCALE SCALE: I" - 500' '000 0.00' @ @ RAe- 600.00' IIRC- 199.69' CHO- 199.17' C.B.- S 10'54'47" W PLAN DATED: MAY 12, 2005 FILE NO,: D:\0500\05028 PLAN SCALE: 1" = 500' STATE OF WISCONSIN (SS. COUNTY OF JEFFERSON 5 PIONEER ENGINEERING AND SURVEYING, L.L.C. CONSULTANTS IN SUBDMSIONS AND COMMERCIAL DEVELOPMENTS 3902 C.T.H. "B" JOHNSON CREEK, WI. 53038 699 - 3330 FAX: 699 - 3332 PAGE 1 OF 3 WRP CONSERVATION EASEMEN1- AREA A WETLAND RESERVE PROGRAM (WRP) CONSERVATION EASENENT OVER A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4), AND THE SOUTHWEST (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) AND THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), SECTION 20, TOWN 5 NORTH, RANGE 20 EAST, IN THE CI1Y OF MUSKEGO, WAUKESHA COUN1Y, WISCONSIN. AS DEPICTED ON THE DRAWING ATTACHED AS EXIBIT "A-1", AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION THENCE N 88.35'07" E ALONG THE NORTH UNE OF THE NORTHEAST QUARTER (NE 1/4) 1~)27.80 FEET; THENCE S 01.24'53" E 1394.74 FEET TO 3/4" X 24" REBAR SET WITNESSED BY A STEEL FENCE POST SET WITH A 5" X 7" PLASTIC SIGN INDICATING WRP CONSERVATION BOUNDARY AND THE POINT OF BEGINNING; THENCE S 01.44'45" W 884.68 FEET TO A 3/4" X 24" REBAR SET WITNESSED BY A STEEL FENCE POST WITH A 5" X 7" PLASTIC SIGN INDICATING WRP CONSERVATION BOUNDARY; THENCE S 31.40'01" W 380.30 FEET TO A 3/4" X 24" REBAR SET WITNESSED BY A STEEL FENCE POST WITH A 5" X 7" PLASTIC SIGN INDICATING WRP CONSERVATION BOUNDARY; THENCE S 8755'53" W 1064.56 FEET TO A 3\4" X 24" REBAR SET WITNESSED BY A STEEL FENCE POST WITH A 5" X 7" PLASTIC SIGN INDICATING WRP CONSEIRVATION BOUNDARY; THENCE N 6747'22" W 1795.99 FEET TO A 3\4" X 24" REBAR SET WITNESSED BY A STEEL FENCE POST WITH A S" X 7" PLASTIC SIGN INDICATING WRP CONSERVATION BOUNDARY; THENCE N 01.1'7'28" W 487.00 FEET TO A 3\4" BY 24" REBAR SET WITNESSED BY A STEEL FENCE POST WITH A 5" X 7" PLASTIC SIGN INDICATING WRP CONSERVATION BOUNDARY; THENCE N 88.38'32" E 996.02 FEET TO A 3\'~" X 24" REBAR SET WITNESSED BY A STEEL FENCE POST WITH A 5" X 7" PLASTIC SIGN INDICATING WRP CONSERVATION BOUNDARY; THENCE N 88.20'30" E 1969.25 FEET TO THE PLACE OF BEGINNING. SAID CONSERVATION EASEMENT CONTAINS 66.88 ACRES MORE OR LESS. ~~\\ \\ \11111 "1/1111111 '1\\\\\ C 0 N llill ~*'\ c.. C\ :/"'.1: .,.. ~ J V ~ ",,:::;:: .,. ".~', . / ~ é,~:~~;;~5~~" '0, \ -.'? ""';' \ '. ..:: ..x:. 0" ... , :: .= ~- " ,:::W :\ :: PLAN DATED: MAY 12, 200S?! I I'::~' :> ' -- ê FILE NO.: D:\0500\05028 IF THE SURV@R::;;. ~EAL ':,'. '-) 0 0::: ~ PLAN SCALE: 1" = 500' IS NOT RED. 1fct,E"';P~N IS .~' 0' ' , 0 ~ A COpy THAT :SHQ.UUD ,6[, 'r, I ""~ " i ....~- ;:::- ASSUMED TO cørfrAJ~ JU Ii, :,0 '"91.. i"""..1... ~ UNAUTHORIZED";~p~Ilm~JiIISC;?&rC'" ~ 7.t~" s # STATE OF WISCONSIN ~ THE CERTIF1CAT1Gft>1'C9~:rAINËtJ ~() .'" . d ~~~ ON THIS DOCUMÈI9:T"þf'IA'bI... :/""" '""' ~ - ... ~,~ COUN1Y OF JEFFERSON SS. NOT APPLY TO A~'(Ìí;J;,oð~~~ Al R \\\\\\\\'\ '111/1 ç. P ~ 0 A!.flflllllll\l\ WE, PIONEER ENGINEERING & SURVEYING, DO HEREBY CERTIFY THAT WE HA~I1i'flìJAM,1W$:'~URVEY AND THAT THE INFORMATION AS SHOWN ON THE ABOVE PLAT OF SURVEY IS TRUE AND CORRE:C~\'i\ì'fËPRtSENTATION THEREOF. PIONEER ENGINEERING AND SURVEYING, L.L.C. CONSULTANTS IN SUBDMSIONS AND COMMERCIAL DEVELOPMENTS 3902 C.T.H. -B- JOHNSON CREEK, WI. 53038 920 699 - 3330 FAX: 699 - 3332 PAGE 2 OF 3 WRP CONSERVATION EASEMEN1- AREA RIGHT OF WAY ACCESS EASEMENT FOR THE PURPOSE OF ACCESS TO THE DESCRIBED CONSERVATION EASEMENT, AN EASEMENT IS ALSO GRANTED ACROSS A STRIP OF LAND SITUATED IN: THE NORTHEAST QUARTER (NE 1/4) AND THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 20, TOWN 5 NORTH, RÞ-NGE 20 EAST, IN THE Cln' OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN. AS DEPICTED ON THE DRAWING ATTACHED AS EXHIBIT "A--1" AND MORE PARTICULAJ~LY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION; THENCE N 14808' 11" W 73.15 FEET TO THE CENTERLINE OF SAID EASEMENT AND THE PLACE OF BEGINNING, AND THE BEGINNING OF A CURVE OF RADIUS 1400.00 FEET; THE CENITER LIES WHICH LIES TO THE WEST, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 355.78 FEET, THE CHORD WHICH BEARS S 00850'49' E 354.82 FEET; THENCE TO THE BEGINNING OF A CUFM: OF RADIUS 200.00 FEET; THE CENTER WHICH LIES TO THE NORTHWEST THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 175.95 FEET, THE CHORD WHICH BEARS S 28815"01" W 170.33 FEET; THENCE TO THE BEGINNING OF A CURVE OF RADIUS 100.00 FEET; THE CENTER WHICH LIES TO THE: EAST THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 110.05 FEET, THE CHORD WHICH BEARS S 03'43'41"W 104.58 FEET; THENCE TO THE BEGINNING OF A CURVE OF RADIUS 350.00 FEET, THE CENTER WHICH LIES TO THE WEST THENCE SOUTHEASTERLTY ALONG THE ARC OF SAID CURVE 245.36 FEET, THE CHORD WHICH BEARS S 00850'38" E 240.37 FEET; THENCE TO THE BEGINNING OF A CUFNE A RADIUS OAF 800.00 FEET, THE CENTER LIES TO THE EAST THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 199.69 FEET. THE CHORD WHICH BEARS S 10'54'47" W 199.19 FEET; THENCE S 03840'24" W 318.00 FEET MORE OR LESS TO THE RIGHT-OF-WAY OF HENNEBERRY ROAD. ~\\\\\\II II 111111"'1'1 1\\\\\\~ CON """1. , ' - ~'I. c... C\ ~I. ---, ~ --;7 v ~ ,~-'--- /-~ , / ~ ..- - / S"~ "'" . ','- -, '-/ ~~~ ~~ ,;{/ -~/ il~:-.. ' \ ", ",,~- i :: tr, '* :: ~.- "", , =(., . 0:= IF THE SURVEY(jg'$_.sEALC,q~'_- .. \ . ~ IS NOT RED, TH;',PLAHd>>' ,:~)-' . , olf A COpy THAT SHÇ!9hD- 'BE \ Afi~.. I' .:::; i I" Þ'YiJ"~' " ;:: ASSUMED TO CONTAlIÍI \ .. ,-,' - , ~ .. . / - ..1... ~ UNAUTHORIZED AL~OÌ'lS, % /\ - ~ l' ,,- # STATE OF WISCONSIN ~ THE CERTIFICATION <<ø.N.Tl\1bIËJ>.....~, ~ ""'.. ~#' ON THIS DOCUMENT S'#A.ÌÍ .'1""'" 1\\\'1. COUNTY OF JEFFERSON SS. NOT APPLY TO ANY COm=f1Þ.1i S u 'f'<I,,~i-'fJ R \\\\\\\\'1. ! 1l1I11I!'\\\\\\\\\\\\-:~~ 1111111111\1\\ WE, PIONEER ENGINEERING & SURVEYING, DO HEREBY CERTIFY THAT WE HAVE MADE THIS SURVEY AND THAT THE INFORMATION AS SHOWN ON THE ABOVE PLAT OF SURVEY IS TRUE AND CORRECT REPRESENTATION THEREOF. PLAN DATED: MAY 12, 2005 FilE NO.: D:\0500\05028 PLAN SCALE: 1" = 500' PIONEER ENGINEERING AND SURVEYING, L.L.C. CONSULTANTS IN SUBDMSIONS AND COMMERCIAL DEVELOPMENTS 3902 C.T.H. "8" JOHNSON CREEK, WI, 53038 (920) 699 - 3330 FAX: 699 - 3332 PAGE 3 OF 3 . . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #113-2005 APPROVAL OF "OPTION AGREEMENT TO PURCHASE" FOR CONVEYANCE OF EASEMENT ON THE ENGEL CONSERVATION PROPERTY TO THE UNITED STATES DEPARTMENT OF AGRICULTURE f I WHEREAS, The Natural Resources Conservation Se . e (NRCS) of the United States Department of Agriculture has offered the City $137, 0 for conveyance of a permanent easement on the Engel Conservation pr erty; and WHEREAS, The Finance Committee has recom ended approval. NOW, THEREFORE, BE IT RESOLVED Th the Common Council of the City of Muskego, upon the recommendation of the inance Committee, does hereby approve the "Option Agreement to Purchase" fO~. c . .v..~yance of a permanent E~asement on the Engel Conservation property for the su of .1:-17,000. BE IT FURTHER RESOLVED that t or is authorized to sign the! Agreement in the name of the City. ~", 'II . 1 " DAYO ~\ j~ ~ DATED THIS ,2005. SPONSORED BY: FINANCE COMMITTEE Ald. Bob Melcher Ald. Nancy Salentine Ald. Eileen Madden This is to certify that this is a true and accurate copy of Resolution #113-2005 which was adopted by the Common Council of the City of Muskego. 6/2005jmb Clerk-Treasurer