Loading...
CCR2007216. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #216-2007 RELOCATION ORDER OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN (Watercourse Improvements/Lemke) NOW COMES the City of Muskego, Waukesha County, Wisconsin, by its Common Council and for its Relocation Order hereby resolves as follows: 1. That this Resolution is a Relocation Order in accordance with 932.05(1), Wisconsin Statutes, for the purposes of the within described public improvement project and it is also a determination of necessity for that project in accordance with 932.07(2), Wisconsin Statutes. 2. That the City of Muskego hereby determines that it is a necessary and public purpose to construct watercourse improvements as shown on the map attached hereto, made a part hereof and marked Exhibit "A." 3. That said watercourse improvements will be built as set forth on the map which is annexed to this Relocation Order as Exhibit "A" and is incorporated herein. 4. That the site of said watercourse improvements is contained in Exhibit "A" which is incorporated herein; that the legal description to said site is attached hereto, made a part hereof and marked Exhibit "B." 5. That the City of Muskego will acquire a permanent easement for watercourse improvements as indicated on Exhibits "A" and "B." Passed and approved this 13TH day of NOVEMBER , 2007. I hereby certify that on the 13TH day of NOVEMBER , 2007, the within Relocation Order was adopted by a vote of 7 ayes to 0 nays by the Common Council of the City of Muskego, Waukesha County, Wisconsin. ATTEST: APPROVED: CITY OF MUSKEGO asR.~~ . Being EXHIBIT "A" PERMANENT EASEMENT FOR WATERCOURSE IMPROVEMENTS part of the Northeast 1/4 of the Southwest 1/4 of Section 9, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin. ( \ PRIVA TE SOUTHEASTER~ Y IN~~~~~~ 77 % 3118527 3118528 3118!529 3118!530 188323 156737 ~,/ ,/ / \"""""'" \ '\ N34'.33'44"W \ 66'% " , 1\ \ /""" S16'27'44"E P,O.B. ...~' y' 29.43' MUSKEGO PERMANENT~34'33~64~N, ~ N34'33'44"W ACCESS .It CONSTRUCTION . )' '- \ ' EASEMENT-DOCI 2046419 ~ 'ij. 33.19 j IOU'. \ II .~.~~ V / \ ~ MUSKEGO INGRESS/EGRESS \ DAt.! .It OUTLET EASEMENT / CSt.t 3308 .It DOC' 799776 RECORDED AS \ ;. \ \ I (rY?) ~ ?! 0' ~ MUSKEGO CREEK &: \ ~ ~ CREEK BANK EASEMENT / ~ . DOCI 926325 \ \ ~~ \ OWNER/GRANTOR: WEPCO .It WTCO Victor & Betty Lemke et a!. UPON. OVER. ACROSS\ \ Revocable LIving Trust DOC' 571999 S75 W18104 Boszhardt Ln. \ Muskego, WI 53150 MSKC 2195.996 \ UNPLA TIED LANDS I EASEMENT AREA \ 1,066 Square Feet WEPCO &: WTCO UPON, OVER, ACROSS DOC' 491279 \ \ \ \ \ \ I I LimE MUSKEGO LAKE E \ \ \ . W.TF~H~yJ. /" /// / N S 0 10 20 30 40 50 ~ 100 I SCALE IN FEET SE COR, SW 1/4 SEC 9, T5N, R20E ./' ~ PREPARED FOR: . --.J Ruekert. Mielke City of Muskego P.O. Box 749 engineering solutions for a working world Muskego, WI 53150 PREPARED BY: Ruekert . Mielke W233 N2080 Ridgeview Pkwy. Waukesha, WI 53188 G: \Land\13B9037\dwg\Eld..emkeO1.<hIg 1HIS INSTRUt.tENT WAS DRAFTED BY BRUCE K. CROSS. R.LS. (10-07) CHECKED BY: t.tEK (10-07) .' . . . Ruekert.Mielke engineering solutions for a working world October 25,2007 EXHIBIT "B" LEGAL DESCRIPTION Permanent Easement for Watercourse Improvements For (Grantee): City of Muskego Being part of the Northeast one-quarter of the Southwest one-quarter of Section 9, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows (see attached Exhibit "A"): Commencing at the Southeast comer of said Southwest one-quarter of Section 9; thence North 01017'44" West along the East line of said Southwest one-quarter of Section 9, 1721.14 feet to the centerline of West Janesville Road (C.T.H. "L") as described in a Quit Claim Deed recorded as Document No. 2210846, an 20.00 foot wide Easement recorded as Document No. 926325, and Certified Survey Map No. 3308; thence South 66027'16" West along said centerline, 343.80 feet; thence NOlih 2700314411 West along the Westerly line of said Document Nos. 2210846 and 926325, being a common line with the Easterly line of said Certified Survey Map No. 3308, 142.00 feet to an angle point on said common line; thence North 16027'44" West along said common line, 275.60 feet to an angle point on said common line; thence North 3403314411 West along said common line, 30.00 feet to the Westerly most comer of said Document No. 926325 and the point of beginl1ing~ thence continuing NOlih 3403314411 West along said Easterly line of said Certified Survey Map No. 3308, 66 feet more or less to the waters edge of Litt1e Muskego Lake; thence Southeasterly, 77 feet more or less to a point that is 29.43 feet North 16027'4411 West of the Northerly most angle point on the Easterly line of said 20.00 foot wide Easement recorded as Document No. 926325; thence South 16027'44" East, 29.43 feet to said angle point; thence North 34033'44" West along said Easterly line of said Easement, 33.19 feet to NOliherly most comer of said Easement~ thence South 55026'16" West along the Northerly line of said Easement, 20.00 feet to the point of beginning. Containing 1,066 square feet more or less of land. Subject to covenants, conditions, restrictions and easements of record. Bruce K. Cross, R.L.S. OWNER (Grantor): Victor & Betty Lenùce et a1. Living Revocable Tmst Tax Key No.: MSKC 2195.996 Attachment cc: Michael F. Campbell, P.E., Ruekert/Mielke File 11389037 IML Dam Update> 205 Design> EnsementsILemkeOI-20071O25-Watercourse Easement-doc W233 N2080 Ridgeview Parkway. Waukesha, Wisconsin 53188-1020 (262) 542-5733 . Fax: (262) 542-5631 . www.ruekert-mielke.com . . . y./ I Rt>s t) ::i ~ I ~ - ~oo7 CITY OF MUSKEGO Staff Report to Common Council To: Common Council Engineerinl!.. Department, David J. White, P.E., City Engineerd ~ Relocation Order for Easement Rights to Perlorm Little Mnske~ Dam Spillway Repair From: Subject: Date: November 6, 2007 Background In 1/2001, RIM inspected dam spillway channel walls and maintenance platform and found that in winter walls tip in and go back in spring. Recommendation for long term corrective action includes installing a box support structure between walls to maintain separation and prevent movement. In January 2005, RIM along with CSD started on design of structure bracing to prevent tipping. In September 2005, RIM submitted a permit application to the DNR to maintain dam. DNR gave permit approval on January 6, 2006. In August 2007 Mike Campbell of RIM made me aware of the project and advised that he and Wayne Delikat were meeting with Lemke (E/S property owner) to secure permission to perform repair work. RIM sent a follow-up letter to document the temporary access agreement. Easement rights exist on W/S property. Mrs. Lemke's son, Jon Lemke, responded that additional language must be included in agreement. City can't accept his language and offered different language that was unacceptable to Mr. Lemke. We need to do project, but do not have rights on the Lemke property to work. Recommendation for Action by Committee: Recommend that city obtain easement rights to maintain and reconstruct spillway on the Lemke property by condemnation. Fiscal Note(s): Total $ Requested: $14,000 construction, $5000 easement acquisition Amount of Total Requested Budgeted: 100% Amount of Total Requested Unbudgeted: 0% Expenditure Account(s) number recommended be used: 100.04.51.10.5704 S:\CITYHALL\Engineering\Stonn Water Management\Little Muskego Lake Dam\Condemnation on Lemke 110607.doc