CCR2007188.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #188-2007
APPROVAL OF PERPETUAL GAS MAIN EASEMENT
TO WE ENERGIES
(Hillendale Drive and Racine Avenue)
WHEREAS, The City received a request to grant a 15' wide perpetual gas main
easement to WE Energies; and
WHEREAS, The Finance Committee reviewed the attached easement and
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
that a perpetual gas main easement across City property at Hillendale Drive and Racine
Avenue be granted to WE Energies.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the easement in the name of the City.
DATED THIS 25TH DAY OF SEPTEMBER ,2007.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Bob Melcher
Ald. Neil Borgman
Ald. Keith Werner
This is to certify that this is a true and accurate copy of Resolution #188-2007 which
was adopted by the Common Council of the City of M..USke90. !YI~ . ~tJAtIR.e OM)
ler -Treasurer
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Document Number
We Energies
DISTRIBUTION EASEMENT
GAS - W.E. AREA
~RNO. 2613419
For good and valuable consideration which THE CITY OF MUSKEGO,
hereinafter referred to as "grantor", owner of land, acknowledges receipt of,
grants and warrants 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 the Northerly 15 feet of the Southerly 30
feet of grantor's premises described in the Certain Quit Claim Deed recorded
in the office of the Register of Deeds for Waukesha County on February 23,
1971, in Volume 1219 of Deeds, on Pages 518 and 519, as Document No.
778853, being a part of the Northwest ~ of Section 8, 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 land is as
shown on the attached drawing, marked Exhibit "A", and made a part of this
document.
1. Purpose: The purpose of this easement is to install, operate, maintain
repair, replace and extend underground utility facilities, pipeline or
pipelines, together with all necessary and appurtenant equipment under ground, as deemed necessary by grantee, for the
transmission and distribution of natural gas and all by-products thereof, or any liquids, gases, or substances which can or
may be transported or distributed through a pipeline. Trees, bushes, branches and roots may be trimmed or removed so
as not to interfere with grantee's use of the easement area.
MSKC 2190-998-001
(Parcel Identification Number)
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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: Grantor covenants and agrees that no structures, obstructions or impediments, of
whatever kind or nature, which will or might interfere with the full enjoyment and use of the rights herein granted, will be
constructed, placed, granted or allowed within the said easement area.
4. Elev~tion: Grantor agrees that the elevation of the ground surface existing after the initial installation of grantee's
facilities and after the completion of grading required for Waukesha County Project No. 06-2779-14, within the easement
area will not be altered þy 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 future, 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.
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15 FOOT WIDE
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EASEMENT AREA
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2613419
REVISIONS
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Parcel 1
CSM 5734
Part of the NW% of Sec. 8
T 5 N, R 20 E
City of Muskego
. Waukesha County, WIsconsin
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EXHIBIT "A"
NOT TO SCALE
DRAWN BY
Alex Vojvodich
DATE
September 5,2007
Grantor: CITY OF MUSKEGO
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CL RK-TREASURER
By
~-ÇC?-( o?~ ,2007, Acknowledged before me in Waukesha County, Wisconsin on
by John R. Johnson, the Mayor and Janice Moyer the City Clerk-Treasurer of the City of Muskego,
for the municipal corporation, by its authority, and pursuant to Resolution File No. ~..:r - r2 0 0 7
adopted by its Common Council on 0;0 -? I- d~ ,2007.
~"""IH~. (~~'-LE~ , N\ (NOTARY STAMP/~d\ ~
l.J B l \ vJ... J . ~~ ~~"'tI~
0 otary Public, State of Wisconsin
, My commission expires 9 - 7 - tJ
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This instrument was drafted by Alex Vojvodich on behalf of Wisconsin Company, PO Box 2046, Milwaukee, Wisconsin
53201-2046.
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CITY OF MUSKEGO
Staff Report to Common Council
w IReso.~ I p;:- ,)007
To: Common Council
From: EngineerinltDepartment, David J. White, P.E., City Engineer~
Subject: Request from We Energies for perpetual gas main easement across City
property at Hillendale Drive and Racine Avenue
Date: September 19,2007
Background
Waukesha County's signalization project at Hillendale and Racine has caused some
necessary utility adjustments. We Energies gas needs to relocate a 6" gas main and
wants to place it in an easement on a City owned parcel. This parcel on the
southwest corner of the intersection is an unbuildable parcel where the City recently
agreed to grant a right-of-way dedication and limited temporary easement to the
County for this same signal project. I see no current or future conflicts with this
installation.
Recommendation for Action by Committee:
I recommend approval of this request for the City to grant a 15' wide perpetual gas
main easement to We Energies.
Fiscal Note(s):
Total $ Requested: None
S:\CITYHALL\Engineering\County Highway Projects\HiIlendale-Racine Signals\WE easement 091707.doc