CCR2006060.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #060-2006
APPROVAL OF ROADWAY EASEMENT
GRANTED BY WE ENERGIES
(Parkland Drive)
WHEREAS, The Finance Committee reviewed the attached Hoadway Easement
granted by WE Energies, which will allow the City to maintain a public roadway,
Parkland Drive, located in the Sarah Estates Subdivision; and
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 Roadway Easement for Parkland Drive subject to the receipt of the proper
authorization for signature from WE Energies and any nE!cessary technical corrections
based on recommendations from the City Attorney and Director of Engineering/Building
Inspection.
BE IT FURTHER: RESOLVED That the Mayor and Clerlk-Treasurer are authorized to
sign the Roadway Easement in the name of the City.
DATED THIS 25th DAY OF APRIL ,2006.
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 #060-2006 which
was adopted by the Common Council of the City of Mu~~ego.
, .
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t.Ue ,j
Clerk-Treasurer
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Document Number
J~~)ADWAY EASEMENT
.THIS AGREEMENT, made by and between WISCONSIN ELECTRIC
POWER COMPANY, a Wisconsin corporation doing business as We
Energies, hereinafter referred to as "Company", and CITY OF MUSKEGO, a
municipal corporation, hereinafter referred to as "City",
WIT N E SSE T H:
THAT Company, for and in consideration of the sum of $1.00 to it paid, and in
further consideration of the conditions and agreements to be observed and
performed, does hereby give and grant unto City an easement to maintain a
public roadway, Parkland Drive, along with the right to maintain an 8 inch water
main and other normal roadway improvements within the hereinafter described
parcel of land, being a part of Company's fee-owned lands/American
Transmission Company LLC (ATC) easement area/bike trail right of way, in
the Southwest X of Section 10 and in the Northwest X of Section 15, all in
Township 5 North, Range 20 East, City of Muskego, Waukesha County,
Wisconsin, said parcel of land being more particularly described as follows:
RETURN TO:
WE ENERGIES
ATTN: DOUGLAS J. FABIO, ROOM A252
231 WEST MICHIGAN STREET
MI_WAUKEE, WI 53203
Said easement area is as described on the Exhibit "A" and is as
shown on the Exhibit "A-1 ", both of which are attached hereto and
made a part hereof. none assiqned
(Parcel Identification Number)
This easement is granted upon the following terms and conditions:
1. The easement herein granted is non-exclusive, and Company reserves unto itself the right, not inconsistent with the rights
.herein granted, to use the strip of land for any purpose. It is expressly agreed that the construction, installation, operation,
,naintenance and replacement of electric lines, gas mains and related facilities, both overhead and underground, upon, over,
across, within and beneath said strip of land, are not uses which are inconsistent with the rights herein granted. It is also
agreed that this easement is taken subject to the rights of third parties, which have previously been granted rights to place
facilities in said land. It is further agreed that access to Company's lands shall be maintained at all times.
2. It is further understood and agreed between Company and City that in the event it is necessary to reconstruct, modify,
replace or relocate poles, wires, anchors or guy wires or other facilities of Company or ATC, its successors and assigns,
due to the future roadway development or subsequent roadway improvements, such reconstruction, modification,
replacement or relocation shall be made by Company and/or ATC at the sole cost and expense of City, and City agrees to
promptly reimburse Company and/or ATC for the costs and expenses incurred by Company and/or ATC as a result
thereof.
3. City shall, in the performance of any and all work relating to the construction of said roadway, water main and other normal
roadway improvements while in proximity to Clny electric or gas line facilities conform to the provisions and requirements of all
applicable laws, rules and re~Julations, including without limitation all laws, rules ane! regulations such as O.s.HA dealing with
safe work practices and the operation of equipment near electrical lines and equipment, the provisions of the Wisconsin State
Electric Code and any amendments thereto and the provisions of the Wisconsin Administrative Code, PSC 135 Gas Safety
and any amendments thereto. City further agrees to abide by the requirements set forth by Company on the Exhibit "8"
attached hereto and made a part hereof.
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4_ City shall protect, indemnify, save and hold harmless the Company, its affiliated corporations, their successors and
assigns, and their directors, officers, agents and employees from any and all claims, demands, actions, and all liability, costs
and expenses (including attorney's fees) in connection therewith, which may be made or brought against or incurred by the
Company and its affiliated corporations or their directors, officers, agents or employees as a result of injury or death of any
person (including employees of the Company and its affiliated corporations or ) or damage to any property arising out of or in
any way connected with the permission herein given, or use of the property of Company_
5_ This conveyance is given upon the further express condition that City agrees that Company and its property shall be
released and exempt from any costs, expenses, special tax or assessments of benefits by reason of the opening,
construction, installation, operation, repair, cleaning, reconstruction, replacement, maintenance or existence of such roadway,
curbs, gutters, culverts, sidewalks, sewers, water mains or the making of other normal improvements in said roadway_ In the
event that the foregoing commitment is for any reason held to be invalid or unenforceable, then and in that event, City, by the
acceptance of this conveyance, agrees that it will pay Company as additional compensation for the rights herein contained an
amount equal to that amount payable by Company under any special tax or assessment in connection with or on account of
the opening, construction, installation, operation, repair, cleaning, reconstruction replacement, maintenance or existence of
such roadway, curbs, gutters, culverts, sidewalks, sewers, water mains or the making of other normal improvements in said
roadway.
6. City agrees that it will, at its expense, provide such drainage facilities as may become necessary due to the construction of
the roadway and shall design, construct and operate said public roadway so that no additional storm water will be directed
onto or disposed of on Company lands at any time.
7_ City agrees that any grading and/or sloping to be done on Company's lands shall provide for slopes no steeper than 4 to 1;
and if curbs are installed, all said curbs shall bl3 mountable curbs or driveway openings shall be provided in said curbs at no
cost to Company so that Company will have access to its lands at all times.
.. City agrees to restore Company's lands to a condition adequate for convenient maintenance in relation to the surrounding
topography. Included, but not limited to, in such restoration shall be the spreading of topsoil and sowing perennial type grass
seed on disturbed and filled areas, replacement of crushed stone surfacing on existing roadways and repair of fences or other
damages incurred due to or arising out of the rights herein granted.
9. City shall contact "Diggers Hotline" at least 3 working days prior to any reconstruction of said public roadway in order to
determine the location of electric, telephone and gas facilities within Company's said lands and the applicable clearance
requirements for work performed in proximity to such facilities. (The current phone number for "Diggers Hotline" is
1-800-242-8511.)
10. City agrees to contact Mr. Roland Simatic of Company at 414-944-5955 or such other phone number as Company may
designate in writing to City within the specified time limits to inform it about the following occurrences:
a. At least 7 days prior to any reconstruction of said public roadway within the easement area.
b. Within 7 calendar days after the restoration has been completed for the reconstruction of said public roadway within
the easement area.
11. This agreement shall be binding upon and inure to the benefit of the successors and assigns of all parties hereto.
12. This easement shall not take effect until the same is fully accepted, subject:o all its terms and conditions, by the
Common Council of the City of Muskego and is duly executed by the proper officers of the City of Muskego.
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eN WITNESS WHEREOF, said WISCONSIN ELECTRIC POWER COMPANY has caused these presents to be signed by its Manager of Property Management this day of 2ocb, and said CITY OF MUSKEGO has caused these presents to be signed by its Mayor and attested to by its City Clerk and its corporate seal to be hereunto affixed this day of
, 2000
WISCONSIN ELECTRIC POWER COMPANY
By:
James T. Raabe,
Manager of Property Management
CITY OF MUSKEGO
By
. Mayor
ATTEST:
By:
Janice Moyer
City Clerk
.
.TATE OF WISCONSIN )
SS
MILWAUKEE COUNTY
Personally came before me this clay of ,
200,t;, James T. Raabe, Manager of Property
Management, of the above named corporation, WISCONSIN ELECTRIC POWER COMPANY, known to me to be the person
who executed the foregoing instrument and to me known to be such Manager of Property Management of said corporation,
and acknowledged that he executed the foregoing instrument as such Manager of Property Management, as the deed of said
corporation, by its authority.
Douglas J. Fabio
Notary Public, Milwaukee County, WI
My commission expires February 1, 2009.
STATE OF WISCONSIN )
S5
WAUKESHA COUNTY )
.ersOnallY came before me this
_
day of. ,
200b,
, Mayor and Janice Moyer, City
Clerk, of the above-named municipal corporation, CITY OF MUSKEGO, to me known to be the persons who executed the
foregoing instrument and to me known to be such Mayor and City Clerk 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.
Notary Public, Co., Wis.
My commission expires
r:\data\aslreal estate\easementlroadway\parkland drive roadway easement.doc
This instrument was drafted by Douglas J. Fabio on behalf of We Energies, 231 West Michigan Street, Milwaukee, WI 53203
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Exhibit "A"
Being part of the Southwest III of Section 10, and the Northv,'est ~ of Section 15, all in
Town 5 North, Range 20 East, City of Muskego, \Vaukesha County, Wisconsin bounded
and described as follows:
'
Commencing at the Northeast comer of Lot 5, in Sarah Estates Subdivision, said point
also being the intersection of the South line of a 50 feet wide WEPCO right-of-way and
the West line of Parkland Drive a 60 feet wide right-of-way., said point also being the
point of beginning oflands to be described; thence Northerly 50 feet to the North line of
said WEPCO right-of-way, said point also being the Southeast comer of Outlot 1, in Deer
Creek Subdivision; thence Easterly along said North line 60 feet, to the East line of said
Parkland Drive, said point also being the Southwest comer of Lot 10, in Lake Point
Estates West Subdivision; thence Southerly 50 feet to the intersection of the South line of
said WEPCO right-of-way and the East line of said Parkland Drive, said point also being
the Northwest comer of Lot 6, in said Sarah Estates Subdivision thence Westerly along
said WEPCO South line 60 feet to the point of begirming.
(See Attached Map)
Daniel R. Flamini R.L.S. 2486
5/5/2003
DlER
2199-089
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POINT
CREEK
OUTLOT 1
551.g2'
NOR_TH Ll~E OF_ THE_!,ORT!iYEST. I/~ F SEÇIlON_~5-5-_20
12500'
WISCONSIN ELECTRIC POVER COHPANY
132.14'
SARAH ESTATES
2218-052
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EXHIBIT "B"
(WAUKESHA AREA)
CONTRACTOR'S SPECIAL PROVISIONS
A RELATIONS WITH WISCONSIN ELECTRIC POWER COMPi1.NY ("COMPANY")
No work shall be initiated under this agreement in proximity to underground electrical conductors
without a 72 hour prior notice to Company. In addition, all work under this agreement performed
in proximity to energized electrical conductors shall conform to the provisions and requirements,
with any amendments hereto, of O.s.HA Safety and Health Regulations for Construction, in
particular but not limited to subpart 1926.550 and the provisions of the Wisconsin State Electrical
Code and any amendments thereto.
No building or structure or replacement thereof, including lighting standards, signal or control
devices and highway signs, will be erected in proximity to said electric lines which will be in
violation of the provisions of the above regulations.
B. NAME AND /\DDRESS OF COMPANY REPRESENTATIVES
Company representative who may be consulted by Permittee/Grantee and bidders with regard to
utility requirements during construction and the Company representative with whom contractors
may arrange for temporary de-energizing and grounding of circuits is Mr Jerry Knope, Area
Manager. Arrangements must be made at least 15 days in advance.
GENERAL - WORK ON TRANSMISSION RIGHT-OF-WAY (Fee owned and Easement)
All work, including construction of embankment, clearing, grubbinf~ and grading within and around
utility structures shall be subject to inspection by a Company representative; shall be conducted
and performed in a manner satisfactory to such representativE~; and shall be in accordance with
the requirements of the plans, standard specifications and these special provisions.
Grantee/Permittee shall exercise extreme care in the prosecution of this work to prevent damage
to utility structures, foundations, adjacent structures, underground installations or property. Any
damage doné by the Grantee/Permittee to existing installations during the progress of this work
shall be repaired by Grantee/Permittee at his own expense in a manner satisfactory to Company.
1. Embankment Materials and Methods of Construction
Material for embankments within and adjacent to the towers shall be free of sod, humus,
wood, or other degradable materials, frozen lumps and shall all pass a six-inch ring.
All required construction of embankments within a distance of ten (10) feet of a tower
structure shall be done by hand or with small equipment which is equipped with direct
positive controls, except that work within two (2) feet of a tower member shall be
accomplished entire'y with hand-operated tools. Clamshells, drag buckets, or any other
equipment having indirect controls; or power-driven compaction equipment shall not be
used within ten (10) feet of a tower structure.
All embankment work shall be done in such a manner that no direct or indirect pressure
will be brought against any portion of the tower structure by the Grantee's/Permittee's
equipment.
- 1 - February 9, 2005
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Prior to placing embankment within and around the towers, Grantee/Permittee shall clean
the steel work to be covered by embankment of all earth, oil, or other foreign matter in an
approved manner, except that in no case shall Grantee/Permittee use equipment or
materials that would damage the steel work, bolts, or Slalvanized coating.
After the steel work has been cleaned, Grantee/Permittee shall apply a coating of asphalt-
based paint, as approved by the Manager, Construction Services, Wisconsin Electric
Power Company, on all areas which are to be covereel by fill material. This protective
paint coating shall be applied to the steel work to a height of not less than six inches
above the finished grade.
This asphalt paint coating shall be applied in two (2) separate coats, allowing 12 hours
drying time between applications. Care shall be taker in the construction of
embankments to avoid damage to the asphalt paint.
All costs of coating the steel tower legs indicated above shall be construed to be
incidental to other contract items and no separate additional payment will be made
thereof.
Compaction of the fill material shall be in accordance with the requirements for Special
Compaction in Subsection 207.3.6.3 of the Standard Specifications. After a layer of
materials has been put into place, compacting work shall begin near the center of a tower
structure and shall be carried out in a uniformly expandin~1 pattern except that around any
tower leg, both sides shall be compacted simultaneously.
Grantee/Permittee shall not place any embankment or fill material in an area within the
tower base occupied by free water.
2. Excavations
When open cut excavation is required in the vicinity of Trc:insmission Structures the
following conditions should be met
a. The near side of the excavation shall be no closer than 20 feet from the face of
the structure involved.
b. That the grade around a structure shall be maintained for a distance of 20 feet in
all directions., as measured at grade perpendicular to the outside face of a steel'
structure footing or a wood pole. Grading of wound beyond the edge of the
resulting square or rectangular flat area shall not be steeper than the following
slopes:
Horizontal
Distance
Vertical
Distance
Steel towers.
Steel poles
Wood H-frames
Single wood poles
1 ft.
1 ft.
1 ft.
1 ft.
4 ft.
4 ft.
3 ft.
2 ft.
c. The excavation must be shored to prevent any loss of material from the area of
the tower foundations to insure retention of structural integrity.
d. Excavated material shall not be stored in the immediate area of
(i.e., piled so as to cause damage to bracing systems). the tower
e. The excavation shall be backfilled with suitable rraterial and thoroughly
compacted.
- 2 - February 9, 2005
. f The surface elevation of the excavated area shall be restored to its original
condition and not cause any alteration of the drainage patterns in the area of the
tower
g. The agency involved should submit plans in advance for any work in the vicinity of
transmission structures.
h. If the above conditions cannot be met, the plans for the proposed project should
be submitted to WE.P.Co. Transmission Engineering for review.
3 Additional Requirem2nts
The Grantee/Permittee agrees:
That no explosives will be used on the Company rights-of-way.
To accept liability for damage or the destruction of property, damage to Company facilities
and Injury or death of personnel in connection with the proposed construction which will
be covered by this aqreement
To reimburse Company for any facility alternation costs which Company may consider
necessary due to the construction covered by the agreement
To provide for the retention of access to Company's facilities which would otherwise be
land-locked or an appropriate sum should be offered to Company for this condition
resulting from the construction.
. To provide for twenty-four hour access to any substation property.
To restore, to a condition satisfactory to Company, any ground surface which may have
been disturbed by the Grantee/Permittee operations.
That Company reserves the right, permission and authorily to cut down and remove or
trim all trees, the mature height of which will exceed 15 feet and overhanging branches.
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- 3 - February 9, 2005