HomeMy WebLinkAboutResolution 2022 (46) Resolution No. 46 (2022)
T. RO � �, ° -.LINTY RESOLUTION APPROVING WATER MAIN EASEMENT BETWEEN ST.
CROIX COUNTY AND THE CITY OF HUDSON
COVER MEMO
TO: County Board of Supervisors
FROM: Ken Witt, County Administrator
Heather Amos, Corporation Counsel, Office of Corporation Counsel
DATE: November 1, 2022
AGENDA ITEM: Resolution Approving Water Main Easement Between St. Croix County
and the City of Hudson
BACKGROUND INFORMATION
St. Croix County is the owner of real property located at 1101 Carmichael Road, Hudson, WI
54016 known as the Government Center. As part of the Government Center expansion project,
the City of Hudson requires access to the public water main on the property owned by St. Croix
County in order to repair and/or maintain the public water main.
Resolution No. 46 (2022)
T. RO � �, ° ,Q,NTY RESOLUTION APPROVING WATER MAIN EASEMENT BETWEEN ST.
CROIX COUNTY AND THE CITY OF HUDSON
1 WHEREAS, St. Croix County is the owner of real property located at 1101 Carmichael
2 Road, Hudson, WI 54016 with a Parcel Identification Number of 236-1974-50-003 known as the
3 St. Croix County Government Center; and
4
5 WHEREAS, the St. Croix County Government Center is undergoing an expansion
6 proj ect; and
7
8 WHEREAS, the City of Hudson requires access to the public water main located on the
9 County owned property; and
10
11 WHEREAS, St. Croix County will install the public water main line on the County
12 owned property; and
13
14 WHEREAS, St. Croix County grants to the City of Hudson a permanent easement over a
15 portion of the County owned property for the purpose of repairing and/or maintaining the public
16 water main as stated in the Water Main Easement attached.
17
18 NOW, THEREFORE, BE IT RESOLVED that the St. Croix County Board of
19 Supervisors grants the easement to the City of Hudson for the purpose of maintaining, operating,
20 and repairing a public water main. The County Board Chair is authorized to sign the Water Main
21 Easement on behalf of St. Croix County.
Le—gal—Fiscal—Administrative Approvals:
Legal Note:
Fiscal Impact: There is no financial impact to this resolution.
Heat er . mos,Corporation Counsel 10/4/2022
4JJ)
L n on, Finance Dir or 10/4/2022
, � m.w
'oo
K€ m l'- u 'y dmin r �r 10/5/2022
10/11/22 Administration Committee RECOMMENDED
RESULT: RECOMMENDED [UNANIMOUS]
MOVER: Paul Berning, Supervisor
SECONDER: Scott Counter, Vice-Chair
AYES: Bob Long, Carah Koch, Paul Berning, Scott Counter
EXCUSED: Bob Feidler
Vote Confirmation.
Carah Koc Administration,l'iair 10/12/2022
St. Croix County Board of Supervisors Action:
Roll Call -Vote Requirement—Majority of Supervisors Present
RESULT: ADOPTED [UNANIMOUS]
MOVER: Carah Koch, Supervisor
SECONDER: Paul Berning, Supervisor
AYES: Lind, Anderson, Long, Leaf, Koch, Adams, Berning, Ottino, Feidler, Ostness,
Counter, Hansen, Sherley, Carlson, Barcalow, Swanepoel, VanSomeren,
Ramberg
EXCUSED: Greg Tellijohn
This Resolution was Adopted by the St. Croix County Board of Supervisors on November 1, 2022
Christine Hines, County Clerk
WATER MAIN EASEMENT
Document Number Document Name
Drafted by/Return to:
Heather M. Amos, Corporation Counsel
St. Croix Co. Government Center
1101 Carmichael Road
Hudson, WI 54016
236-1974-50-003
Parcel Identification Number(PIN)
This is not homestead property.
WATER MAIN EASEMENT
THIS WATER MAIN EASEMENT ("Easement") is made effective as of October ,
2022 by and between ST. CROIX COUNTY ("Grantor") and the CITY OF HUDSON ("City").
RECITALS
A. Grantor is the owner of certain real property in St. Croix County,Wisconsin located
at 1101 Carmichael Road in Hudson, Wisconsin identified as Parcel Identification Number 236-
1974-50-003 ("Grantor Property").
B. Grantor is developing the Property and the City requires access to the public Water
Main on the Property as shown on the sketch attached as Exhibit A (the "Water Main Easement
Exhibit Map") and as legally described in the attached Exhibit B (the "Water Main Easement
Legal Description").
C. Grantor will install the public Water Main line on the Property.
D. Grantor intends to grant to the City a permanent easement over the Easement Area
which easement is for the purpose of repairing and/or maintaining the public Water Main.
E. The City is willing to acquire the easement granted herein on the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing, the Grantor and City agree as
follows:
1. Grantor grants to the City a perpetual easement (the "Easement") over, under, and
across the Easement Area to access, maintain, operate, and repair a public Water Main line and
related structures and any appurtenances relating to said public Water Main line (all collectively
the"Water Main Line"). Such structures and appurtenances thereto may be installed above and/or
below ground. This Easement shall also include the right of reasonable access to the Easement
Area across the surrounding property of Grantor for the purposes of exercising the rights granted
in this Easement,provided,that City shall use all reasonable efforts to accomplish any construction
and/or maintenance work in such manner as will cause the least amount of interruption of Grantor's
continued use on said surrounding property.
2. Without the written consent of Grantor, the City shall not build or maintain, or
permit to be built or maintained, any other structure on the Easement Area which obstructs
Grantor's use and enjoyment of the Easement Area of either a permanent or temporary nature,
except that City may install improvements, including structures related to the Water Main Line,
at, above, or below grade.
3. The City shall be solely responsible for the maintenance, replacement, and repair
of the Water Main Line and other appurtenances relating thereto as described above and shall be
solely responsible for the cost of the same. Upon City performing any repairs and/or maintenance
to the Water Main Line and any appurtenances relating thereto, the City shall be responsible to
restore the surface, landscaping, or any structure on the Easement Area or surrounding real estate
that may be disturbed or damaged by the construction, maintenance, or other exercise by the City
of easement rights provided in this Easement.
4. Grantor agrees that no structure will be erected or placed on the Easement Area,
nor will any act be performed by Grantor which will interfere with or prevent exercise of the
easement rights granted in this Easement. Any structure erected or placed by Grantor in violation
of this paragraph shall be removed within ten (10) days of the date of written notice given to
Grantor by City to remove such structure. If Grantor fails to timely remove said structure, the City
may remove, but is not obligated to do so, and will charge the cost of such removal back to Grantor
or to any other successor in interest, including placing such charge on the tax roll as a special
charge pursuant to Wis. Stat. § 66.0627.
5. All of the terms, conditions, covenants, and other provisions contained in this
Easement, including the benefits and burdens, shall run with the land and shall be binding upon
and inure to the benefit of and be enforceable by Grantor and City and their respective successors
and assigns.
6. This Easement shall be construed and enforced in accordance with the laws of the
State of Wisconsin.
7. This Easement sets forth the entire understanding of the parties and may not be
modified except by a written document executed and acknowledged by Grantor and the City.
8. The non-use or limited use of the Easement and rights granted herein shall not
prevent City from later use of the Easement and rights to the fullest extent authorized herein.
9. No violation of these restrictions shall result in a forfeiture or reversion of title to
the Easement Area.
10. If any term, covenant, or condition of this Easement shall be deemed invalid or
unenforceable by a court, the remainder of this Easement, or the covenant or condition therein
shall not be affected thereby and each term, covenant, and condition shall be valid and enforceable
to the fullest extent permitted by law.
11. This Easement may be signed in any number of counterparts with the same effect
as if the signatures thereto and hereto were upon the same instrument.
[Signature and acknowledgment pages follow.]
IN WITNESS WHEREOF,Grantor has executed this Agreement to be effective as of the
date first above written.
GRANTOR—ST. CROIX COUNTY
By:
Bob Long
Its: County Board Chair
By:
Christine Hines
Its: County Clerk
STATE OF WISCONSIN )
ss.
COUNTY OF ST. CROIX )
The foregoing instrument was acknowledged before me this day of ,
2022,by Bob Long, County Board Chair, and Christine Hines, County Clerk, with authority and on
behalf of the St. Croix County Board of Supervisors.
Christa Poeschel
Notary Public
My commission expires:
CITY:
CITY OF HUDSON
By:
Name: Rich O'Connor
Its: Mayor
By: Becky Eggen
Its: City Clerk
STATE OF WISCONSIN )
ss.
COUNTY OF ST. CROIX )
The foregoing instrument was acknowledged before me this day of ,
2022,by Rich O'Connor,Mayor and by Becky Eggen,City Clerk,of the City of Hudson,a Wisconsin
municipal corporation, on behalf of the City and pursuant to the authority of the Common Council.
Notary Public
My commission expires:
EXHIBIT A
WATER MAIN EASEMENT EXHIBIT MAP
E1/4 CORNER
CROSS-HATCHED AREA IS WATER MAIN SEC.19-29-19W
EASEMENT PER DOC.NO.527969&SANITARY N
SEWER EASEMENT PER DOC.NO.553260 I I
PROPERTY LINE 77
LL-
a n N
40' WIDE : I a N I
WATER MAIN '.
EASEMENT
NE 1/4 - SE 1/4 ° I
I
o PARCEL NO. 236-1974-50-003 I v I
I Z � I
O I,
r. . "'ORIONQ y I
i LU
I ^
CIL OF 40' WIDE-
WATER MAIN ; uu
EASEMENT
: to
I NNVtl rx,Jl l
5T.CROIX COUNTY
COURTHOUSE I ,
APPROX.40LINE
��w�wwwwwww�w�;
wwwwwwwwwwwwww i I ��
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I
SE 1/4 - SE 1/4
60' I 60' I
Xf0 -- 40' WIDE
s� �wwwwwwwwwwwwwww�
wwwwwwwwwwwwwww�
wwwwwwwwwwwww' WATER MAIN ai I
EASEMENT I
- - - -- I&,
BASIS OF BEARINGS z -------5 890WW W 564.82'---- ---- a
C/L OF 40' WIbE 5 89°11'36"W �''
Z
THE EAST LINE OF SEC.19,T.29N,R.19W, WATER MAIN 60.00' CIA
BEARS N 00151'13"W AS REFERENCED TO THE LEGEND EASEMENT
ST.CROIX CO.CRD.SYSTEM,NAD83(2011).
0' ISO, 300' A BERNTSEN NAIL FOUND I
ASPHALT AREA
-
. 9RNER
1"=L50' CONCRETE AREA SEC 29-19W
Land Surveying FIELDWORK COMPLETED 04/27/22 CLIENT/OWNER
Civil Engineering
Landscape Architecture DRAWN: TDP_ CHECKID:_JGB_ ST.CROIX COUNTY
1101 CARMICHAEL ROAD
' Jordan G. Brost, PLS#3009 HUDSON,NI 54016
4941 Kirschling Court
FIELD BOOK _= PAGE _
Stevens Point,WI54481 JOB No: 22 gg3
Point"f Beginning 715.344.9999(PH) 715.344.9922(FX) SHEET I OF 2
EXHIBIT B
WATER MAIN EASEMENT LEGAL DESCRIPTION
40' Wide Water main Easement Legal Description
Being a part of the Southeast 1/4 of the Southeast 1/4 and a part of the Northeast 1/4 of the
Southeast 1/4, all in Section 19, Township 29 North, Range 19 West, City of Hudson, St. Croix
County, Wisconsin, the centerline of a 40 foot wide water main easement being more particularly
described as follows;
Commencing at the Southeast corner of Section 19, Township 29 North, Range 19 West;
Thence N 00°51'13" W along the East line of the Southeast 1/4 of said Section 19, 1023.15 feet;
Thence S 89°11'36" W, 60.00 feet to the West right-of-way line of Carmichael Road, said point
also being the Point of Beginning (P.O.B.) of the centerline of a 40 foot wide water main easement
to be described;
Thence S 89'11'36" W, 564.82 feet;
Thence N 45°48'24" W, 266.27 feet;
Thence N 00°13'29" W, 726.29 feet to the termination point of said centerline of a 40 foot wide
water main easement.
Bounded on the East end of said easement by the West right-of-way line of Carmichael Road and
bounded on the North end of said easement by the South line of water main and sanitary sewer
easement as described in Document No. 553260 and the easterly and westerly extension thereof
from said termination point to the easterly and westerly limits of the easement herein described.
Land Surveying FIELDWORK COMPLETED 04/27/22 CLIENT/OWNER
Civil Engineering
Landscape Architecture DRAWN: TDP_ CHECKED:_JGB_ ST.CROIX COUNn
1101 CARMICHAEL ROAD
Jordan G. Brost, PLS#3009 HUDSON,NI 54016
4941 Kirschling Court FIELD BOOK PAGE
Stevens Point,WI54481 JOB NO: 22.883
Point-fBeginning 715.344.9999(PH) 715.344.9922(FX) SHEET 2 OF 2 It