PERMANENT SANITARY SEWER EASEMENT AGREEMENT 13860 Bluemound Road Elm Grove, Wisconsin This PERMANENT SANITARY SEWER EASEMENT AGREEMENT ( Agreement ) is made between EVAN & MELISSA FISHER ( Grantor ) and the VILLAGE OF ELM GROVE, a municipal corporation ( Village ); Collectively the parties ( Parties ) RECITALS A. The Grantor is the fee holder of certain real property in the Village of Elm Grove, Waukesha County, State of Wisconsin, commonly Described as 13860 Bluemound Road, Village of Elm Grove, Waukesha County, State of Wisconsin ( Property ), specifically described as: LOT 1 CERT SURV 7179 VOL 60/312 REC AS DOC# 1884414 PT SW ¼ SEC 25 T7N R20E; DOC #4114268 B. The Village seeks to maintain the existing sanitary sewer infrastructure on and in the vicinity of the Property. C. The Village has requested as a condition of approval for a new house ( House ) to be constructed on the Property, that the Owner grant a permanent easement ( Easement ), over certain portions of the Property as such portions are described and incorporated Exhibit A and Exhibit B ( Easement Area ). Recording Area Name and Return Address: Village of Elm Grove 13600 Juneau Blvd Elm Grove, WI 53122 Parcel Identification Number (PIN): EGV 1106.125.001 AGREEMENT In consideration of one (1) dollar and other valuable consideration, the receipt and acceptance of which are acknowledged, the parties agree as follows: 1. Grant of Easement. The Grantor (including heirs, executors, administrators, personal representatives, successors, and assigns) grants to the Village, and its employees, agents, licenses, and contractors a perpetual easement to maintain, operate, supplement, repair, enlarge, reconstruct, relocate, inspect and/or remove sanitary sewer facility, and other related fixtures, equipment, and appurtenances that may from time to time be required with the right of ingress and egress for the purpose of this grant. Except for the lateral connection which connects directly from the house to the sewer facility, and other related fixtures, equipment and appurtenances, all such items shall remain the property of the Village. 2. Consistent Uses Allowed. Subject to the restriction that no structure be placed within the limits of the Easement Area, the Grantor reserves the right to use the Easement Area for purposes that will not interfere with the Village s full enjoyment of the Easement rights granted in this Agreement.
3. Restoration of Surface. The Village shall restore the surface disturbed by any construction or maintenance of any sewer facility or other related fixtures, appurtenances or equipment located within the Easement Area to substantially the same condition that existed before the disturbance. Responsibility for maintaining residential type ground cover and landscaping within the Easement Area shall be the responsibility of the Grantor and their successors and assigns. 4. Covenants Run with Land. All of the terms and conditions in this Agreement, including the benefits and burden, shall run with the land and shall be binding upon, inure to the benefit of, and be enforceable by the Grantor and the Village and their respective successors and assigns. 5. Non-Use. Non- use or limited use of the Easement rights granted in this Agreement shall not prevent either Party from later use of the Easement right to the fullest extent authorized in this Agreement. 6. Governing Law. This Agreement shall be construed and enforced in accordance with the internal law of the State of Wisconsin. 7. Notices. All notices to either party to this Agreement shall be delivered in person or sent by certified mail, postage prepaid, return receipt requested, to the other party at that party s last known address. If the address of the owner of the House is not known to the Village for the purpose of sending a notice, the Village may use the address to which the owner of the House s property tax bills are sent. Either party may change its address for notice by providing written notice to the other party. 8. Invalidity. If any term or condition of this Agreement, or the application of this Agreement to any person or circumstance, shall be deemed invalid or unenforceable, the remainder of this Agreement, or the application of the term or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term and condition shall be valid and enforceable to the fullest extent permitted by law. 9. Waiver. No delay or omission by any party in exercising any right or power arising out of any default under any of the terms or conditions of this Agreement shall be construed to be a waiver of the right or power. A waiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any breach of any other terms of conditions of this Agreement. 10. Enforcement. Enforcement of this Agreement may be proceedings at law or in equity against any person or persons violating or attempting or threatening to violate any term or condition in this Agreement, either to prevent a violation or to obtain any other relief. Should a party enforcing this agreement by appropriate action prevail in litigation, that party shall be entitled to recover, as part of its costs, reasonable attorney s fees.
GRANTOR Evan M. Fisher Melissa D. Fisher VILLAGE OF ELM GROVE By: [VILLAGE SEAL] Neil H. Palmer, Village President Attest: Mary S. Stredni, Village Clerk STATE OF WISCONSIN COUNTY OF WAUKESHA Personally came before me this day of, 2015, the abovenamed, to me known to the person who executed the foregoing instrument and acknowledge the same. Notary Public, State of Wisconsin My Commission Expires: