Public Works, Sewer and Water

City of Verona 111 Lincoln Street Verona, WI 53593 (608) 845-6495 veronawi.gov PUBLIC WORKS, SEWER & WATER COMMITTEE DATE: MONDAY, SEPTEMBER 23, 2024 TIME: 5:30 PM LOCATION: VERONA CITY HALL ROOM D122 111 LINCOLN STREET VERONA, WI 53593 1. Call to Order 2. Roll Call 3. Public Comment. 4. Approval of the Minutes: September 9th, 2024. 5. Discussion and Possible Action: Pay Request #8 Project #2023-105. 6. Discussion and Possible Action: Partial Termination and Amendment of Stormwater Easement Agreement. 7. Discussion and Possible Action: Water Main Easement Agreement 8. Staff Report: 9. Adjourn. Beth Tucker Long - Chairperson POSTED: September 19, 2024 POSTED: Verona City Hall Verona Public Library Miller’s Market All agendas are posted on the City website at: veronawi.gov WRITTEN COMMENTS: You can send comments to the Public Works, Sewer & Water Committee on any matter, either on or not on the agenda, by emailing bmanning@veronawi.gov or in writing to Public Works, Sewer & Water Committee, 410 Investment Court, Verona, WI, 53593. Notice: If you need an interpreter, materials in alternative formats, or other accommodation to access the meeting, please contact the City Clerk at (608) 845-6495 at least 48-hours preceding the meeting. Every reasonable effort will be made to accommodate your request. Notice is hereby given that a majority of the City Council may be present at the meeting of the Public Works, Sewer & Water Committee to gather information about a subject over which they have decision-making responsibility. The City Council and any other standing committees will not take formal action at this meeting.  CITY OF VERONA PUBLIC WORKS/SEWER & WATER COMMITTEE AGENDA MONDAY, September 9, 2024 5:30 P.M. VERONA CITY CENTER, ROOM D122 111 LINCOLN STREET VERONA, WI 53593 Agenda Items 1. Call to order: Meeting called to order by B. Tucker Long at 5:30pm 2. Roll call: Beth Tucker Long, Brandon Braithwaite, Spencer Harrison. Also present: Carla Fischer (AECOM), Michael Trotter, Assistant Public Works Director, Bryan Manning, Public Works Director, Adam Waszak, Parks & Urban Forestry Director. 3. Public Comment: None. 4. Approval of the Minutes: August 26, 2024. B. Tucker Long requested that the motion for item #6 list the changes made to the brush collection policy. Moved by S. Harrison and seconded by B. Tucker Long to approve minutes with the suggested edits. Motion carried 3-0. 5. Discussion and Possible Action: Pay Request #7 Project #2023-105 Moved by B . Tucker Long and seconded by B. Braithwaite to approve Pay Request #7 in the amount of $165, 030.35. Motion carried 3-0. 6. Discussion and Possible Action: Resolution #24-025 Relocation Order and Determination of Necessity for Legion Street Reconstruction project. Staff presented an overview of the project which includes constructing a fully signalized intersection at W. Verona Ave and Legion St. B. Tucker Long inquired if there was anything that could be done to better align Legion St. and Rita Ave. Staff explained that the acquisition of private properties needed to alter the road alignment was deemed too costly.  B. Tucker requested staff and the design team look at extending the west median to prohibit westbound traffic utilizing the southbound turn lane to continue straight through the proposed intersection. B. Tucker Long and B. Braithwaite requested a landing zone be included in the proposed crosswalk on Verona Ave. Based on discussion staff will work the design team on options to include an additional pedestrian crossing on the west side of the intersection. Moved by S. Harrison and seconded by B. Braithwaite to recommend approval of Resolution 2024- 025. Motion carried 3-0. 7. Staff Report: 8. Adjourn. Moved by B. tucker Long and seconded by S. Harrison to adjourn at 6:27pm. Motion carried 3-0. Beth Tucker Long Chairperson Notice is hereby given that a quorum of the members of the City Council or other standing committees of the City Council may be present at the meeting of the Public Works, Sewer & Water Committee to gather information about a subject over which they have decision-making responsibility. The City Council and any other standing committees will not take formal action at this meeting. POSTED: Verona City Hall Verona Library Miller’s Market ALL AGENDAS ARE POSTED ON THE CITY’S WEBSITE AT www.veronawi.gov IF YOU NEED AN INTERPRETER, MATERIALS IN ALTERNATIVE FORMATS, OR OTHER ACCOMMODATION TO ACCESS THE MEETINGS, PLEASE CONTACT THE CITY CLERK AT 845-6495 AT LEAST 48 HOURS PRECEDING THE MEETING. EVERY REASONABLE EFFORT WILL BE MADE TO ACCOMMODATE YOUR REQUEST.  Meeting Date: September 23, 2024 PW/S&W Committee Memo Public Works/Sewer & Water Committee Listed below is an explanation of the items on the Public Works/Sewer & Water Committee agenda. Item (5) Pay Request #8 Project #2023-105 Staff and contracted inspectors have verified the quantities and recommend approval of the included pay request. Recommended Motion: Recommend approval of pay request #8 for Project #2023-105 in the amount of $78,923.81. Item (6) Discussion and Possible Action Partial Termination and Amendment of Stormwater Easement Agreement The existing Stormwater Easement for the Arrowhead Project (1080 Arrowhead Way) has been modified to accommodate the new building site design and stormwater improvements. Part of the existing easement is being terminated, and a new revised easement has created to reflect the location of the new stormwater facilities and greenway. Recommended Motion: Recommend approval of the partial termination and amendment to the existing stormwater easement agreement with Arrowhead Madison, Inc. Item (7) Discussion and Possible Action Water Main Easement A new Water Main Easement has been created to allow public water main to cross through the Arrowhead Project site (1080 Arrowhead Way). The easement is necessary to provide a looped water main to the Arrowhead building site for more reliable service and a redundant feed to minimize the chance the facility is without water in the event of a water main break. Recommended Motion: Recommend approval of the water main easement agreement with Arrowhead Madison, Inc. Page 1 / 1 Owner: City of Verona, Wisconsin Project: East View Rd Reconstruction Project No.: 2023-105 Contract: 2023-105 Contractor: Parisi Constuction LLC 508 S. Nine Mound Rd. Verona, WI 53593 Estimate Prepared By: Eric Hosig Name Project Manager Title 9/18/2024 5/7/2024 Date The work covered by this pregress payment has been performed by the contractor, and we recommend payment. JT Engineering, Inc. Name 9/18/2024 Date City of Verona Name Date Owner's approval Date PARITAL TERMINATION AND AMENDMENT OF STORMWATER EASEMENT AGREEMENT This Partial Termination and Amendment of Stormwater Easement Agreement (this “Amendment”) is made this ___ day of ___________, 2024, by and between the City of Verona, a Wisconsin municipal corporation (the “Grantee”) and Arrowhead Madison, Inc., a Delaware corporation (“Grantor”). THIS SPACE RESERVED FOR RECORDING DATA DRAFTED BY AND RETURN TO: Angie Black Carlson Black O’Callaghan & Battenberg LLP 222 West Washington Ave, Ste. 705 Madison, WI 53703 P.I.N. 286/0608-252-8710-2 RECITALS A. Grantor owns the Property legally described as Lot 1 of Certified Survey Map No. 15848, recorded on November 1, 2021 in Volume 115 of Certified Survey Maps, at Pages 340 through 343 as Document No. 5785274 (“Grantor Property”). B. In connection with the development of the Grantor Property, Grantor granted to Grantee easements for certain stormwater facilities/improvements and drainage, as set forth and more fully described in a Stormwater Easement Agreement, dated December 16, 2021, and recorded December 28, 2021 as Document No. 580683 (“Stormwater Agreement”). C. During the course of construction of the project on the Grantor Property, a portion of the Stormwater Easement Area was relocated, so the parties wish to document that relocation, including the Stormwater Easement Area that has been terminated and a new Stormwater Easement Area created. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor and Grantee agree the Stormwater Agreement is amended as follows: 1 1. Capitalized terms used but not otherwise defined in this Amendment shall have the meanings given in the Stormwater Agreement. Except as expressly amended and modified by this Amendment, the Stormwater Agreement shall remain and continue in full force and effect. 2. In accordance with Section 236.293 of the Wisconsin Statutes, Grantee, does hereby release a portion of the rights, title and interest it has in and to the portion of the Stormwater Easement Area described as the “50’ Wide Public Drainage Easement” in Section 1 of the Stormwater Agreement, and as described and depicted on attached Exhibit A. 3. Grantor hereby grants to grantee an additional perpetual drainage easement on, over and upon the portion of the Grantor Property, described and depicted as “Public Drainage Easement, 23,456 SF (0.54 Acres)” in the attached Exhibit A, which shall from and after this Amendment is recorded be and become part of the Stormwater Easement granted by the Stormwater Agreement, and included within the Stormwater Easement Area under the Stormwater Agreement. 4. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all such counterparts together shall constitute one original instrument. Each party to this Amendment represents and warrants that it has the full power and authority to enter into this Amendment and that no third-party authorizations or consents are necessary to bind such party to the terms hereof. [Signature pages to follow] 2  IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by individuals and officers duly authorized. GRANTEE: CITY OF VERONA By: __________________________ Name: ________________________ Title: _________________________ Attest: __________________________ Holly Licht, City Clerk STATE OF WISCONSIN COUNTY OF DANE Personally came before me this _____ day of _______________, 2024, the above named ____________________ and Holly Licht, to me known to be the __________________ and City Clerk of the City of Verona, and the persons who executed the foregoing instrument and acknowledged the same. _______________________________ Print Name: _____________________ Notary Public, State of Wisconsin My Commission: _________________ 3  GRANTOR: ARROWHEAD MADISON, INC. By: __________________________ __________________________ __________________________ STATE OF ______________________ COUNTY OF ___________________________ Personally came before me this _____ day of _________________, 2024, the above- named _________________________, to me known to be the person who executed the foregoing instrument and acknowledge the same. _____________________________ Print name: ___________________ Notary Public, State of __________________ (NOTARY SEAL) My commission is permanent/expires: ________ 4  EXHIBIT A Terminated Stormwater Easement Area TERMINATED: A Public Drainage Easement within Lot 1, Certified Survey Map No. 15848, recorded in Volume 115 of Certified Survey Maps on pages 340 as Document Number 5785274 in the Dane County Register of Deeds Office, located in the SW1/4 of the NW1/4 of Section 25, T6N, R8E, City of Verona, Dane County, Wisconsin to-wit: The North 50 feet of the South 165 feet of said Lot 1. 5 [This exhibit is intended to represent visual relationships. Viewers are directed to disregard any illegible text.] 6  New Stormwater Easement Area CREATED: A Public Drainage Easement within Lot 1, Certified Survey Map No. 15848, recorded in Volume 115 of Certified Survey Maps on pages 340 as Document Number 5785274 in the Dane County Register of Deeds Office, located in the SW1/4 of the NW1/4 of Section 25, T6N, R8E, City of Verona, Dane County, Wisconsin to-wit: Commencing at the Southeast corner of Lot 1; thence N01°00'27"E, 37.11 feet to the point of beginning; thence N76°54'34"W, 80.23 feet; thence N89°09'24"W, 241.48 feet; thence S76°00'33"W, 78.75feet; thence N01°00'27"E, 91.65 feet; thence S74°46'09"E, 78.39 feet; thence S89°09'43"E, 241.28 feet; thence N78°26'02"E, 80.67 feet; thence S01°00'27"W, 86.38 feet to the point of beginning.23,456 square feet (0.54 acres). 7 [This exhibit is intended to represent visual relationships. Viewers are directed to disregard any illegible text.] 8  KRISTI CHLEBOWSKI DANE COUNTY REGISTER OF DEEDS DOCUMENT # STORMWATER EASEMENT AGREEMENT 5800683 12/28/2021 10:40 AM’ This Stormwater Easement Agreement (the Trans Fee: Exempt #: “Agreement”) is made this [\g day of Dy(s ims”, Rec. Fee: 30.00 2021, by and between the City of Verona, a Wisconsin Pages: 9 municipal corporation (the “Grantee”) and Arrowhead **The above recording information verifies that this document has Madison, Inc., a Delaware corporation (“Grantor”). been electronically recorded and returned to the submitter.** THIS SPACE RESERVED FOR RECORDING DATA DRAFTED BY AND RETURN TO: Angie Black Carlson Black O’Callaghan & Battenberg LLP 222 West Washington Ave, Ste, 705 Madison, W1 53703 P.IN. 286/0608-252-8710-2 RECITALS A. Grantor owns the Property legally described as Lot 1 of Certified Survey Map No. 15848 (the “CSM”), recorded on November 1, 2021 in Volume 115 of Certified Survey Maps, at Pages 340 through 343 as Document No. 5785274 (“Grantor Property”). B. In connection with the development of the Grantor Property, the Grantee has required the dedication of an easement for and the installation of certain stormwater facilities and improvements, all as more fully described below. C. The parties wish to memorialize their agreement, and the terms and conditions governing, the Stormwater Easement (defined below) which is depicted on the CSM (defined below), and to allocate rights and responsibilities among them. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor and Grantee agree as follows: 1. Grant of Stormwater Easement. Grantor hereby grants to Grantee a perpetual easement (“Stormwater Easement”) for the construction, installation, use, repair, replacement, and maintenance of Stormwater Improvements (as defined in Section 1 2 below) on, over and upon the portion of the Grantor Property described as (a) “30” Wide Public Drainage Easement,” and (b) “50° Wide Public Drainage Easement,” both as shown on Page 1 of the Certified Survey Map recorded in the Office of the Dane County Register of Deeds on November 1, 2021 as CSM No. 15848 in Volume 115 and at Pages 340 through 343 of Certified Survey Maps as Document No. 5785274 (the “CSM”), and as depicted on the attached and incorporated Exhibit A (collectively, the “Stormwater Easement Area”). The Stormwater Easement shall be for the purpose of connecting to, directing and allowing the passage of stormwater into the regional detention basin located on Outlot 1 of the CSM (which has been dedicated to the public for stormwater management). Initial Construction of Stormwater Improvements. The Stormwater Easement Area is unimproved as of the date of this Agreement. Grantor shall be solely responsible, at its sole cost and expense, for the initial construction and installation of the stormwater improvements and facilities (collectively, “Stormwater Improvements”) to be constructed and installed within the Stormwater Easement Area pursuant to the “Development Agreement” between Grantor and Grantee, dated Decembotr(l¢ 2021, and in accordance with applicable statutes, regulations, ordinances, and corresponding governmental approvals and permits, which shall include review and approval of the construction and installation plans by Grantor (collectively, “Legal Requirements”). Maintenance and Repair of Stormwater Improvements. Upon completion of the initial construction and installation of the Stormwater Improvements by Grantor and acceptance of the Stormwater Improvements by the Grantee in accordance with the Development Agreement, Grantee shall thereafter be responsible, at its sole cost and expense, for all maintenance, repair and replacement of the Stormwater Improvements. In addition to the Stormwater Easement, the Grantee, and its agents, employees and contractors shall have a perpetual, limited right and license of ingress and egress over and across the Grantor Property as reasonably necessary for purposes of operation, maintenance, repair or replacement of the Stormwater Improvements, and to perform any other obligation or exercise any of the other rights of the Grantee set forth in this Agreement, subject to the Grantee’s obligation to use reasonable efforts to limit entry to the Grantor Property to the extent reasonably necessary to exercise the specific rights, and perform the specific obligations, of this Agreement. Except for use of the Stormwater Easement, as expressly described in this Agreement, the Grantee may not grant any third party any easement, right-of-way or other right or license to access or use the Stormwater Easement Area. For avoidance of doubt, the Grantee may use the Stormwater Easement Area for ingress and egress to Outlot 1 of the CSM. Restoration of Grantor Property. Following the Grantee’s exercise of any rights granted by this Stormwater Easement, Grantee shall restore, to as near as reasonably possible, the Grantor Property to the condition it was in before such activities, except the Grantee shall have no responsibility to restore, repair, or replace any material or activity prohibited by Section 5. Grantor Rights of Use. Grantor shall have the right to use the Grantor Property, including the Stormwater Easement Area, in any manner not inconsistent with the rights granted in this Agreement subject, however, to all of the following clarifications and limitations: (a) No trees, buildings or structures shall be constructed or located within the Stormwater Easement Area. (b) Grantor shall be responsible for, at its sole cost and expense, removal or demolition of trees, buildings, or structures constructed or located within the Stormwater Easement Area other than the Stormwater Improvements, and will not be entitled to any reimbursement from the Grantee for repair or replacement related to any of the foregoing. (¢) No parking lot light poles and bases shall be located in the Stormwater Easement Area. (d) Private and public utilities are permitted to cross the Stormwater Easement Area. (e) Following installation of the Stormwater Improvements, no permanent grade changes (additional overburden or excavation cuts) shall be placed or made within the Stormwater Easement Area without first obtaining approval of the Grantee, which approval shall not be unreasonably withheld, conditioned or delayed. Indemnification. The Grantee agrees to indemnify, defend and hold Grantor and its officers, employees, agents and affiliates harmless from and against all claims, costs, expenses, damages and liability of every kind and nature for injury or damage received or sustained by any person, entity or property in connection with, or on account of, the exercise of the easement rights granted herein or performance of work on the Property except to the extent caused by the negligence or willful misconduct of Grantor or its officers, employees, agents or contractors. Nothing herein shall be deemed to waive, limit or otherwise modify the protections and  limitations of liability found in Wis. Stats. § 893.80 or any other protections available to Grantee by law. Default and Enforcement. If any party defaults in performance of this Agreement, any other party may deliver written notice demanding the default be cured. If the defaulting party fails to cure the default within thirty (30) days of receiving the notice (or such longer period as may be reasonably necessary under the circumstances), the non-defaulting party shall have the right to enforce this Agreement by proceedings at law or in equity, and shall be entitled to damages, injunctive relief or any other remedy available at law or in equity. If a lawsuit or other cause of action is brought as a result of a default or otherwise to enforce this Agreement, the prevailing party shall be entitled to recover from the non- prevailing party its actual and reasonable costs and expenses incurred in bringing or defending against the lawsuit or action including, but not limited to, reasonable attorneys’ fees, court costs and expert fees. Covenants Running with the Land. All the terms, conditions, covenants and other provisions contained in this Agreement, 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 the parties, and their respective mortgagees, successors and assigns. Severability. If any term, covenant, or condition of this Agreement, or the application thereof to any person or circumstance, shall be deemed invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant 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, covenant and condition shall be valid and enforceable to the fullest extent permitted by law. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Wisconsin. 10. Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties. This Agreement and the Stormwater Easement may not be changed or terminated except by a written document executed and acknowledged by all of the then-current owners of the Grantor Property and the Grantee, and recorded in the office of the Register of Deeds of Dane County, Wisconsin. It being further acknowledged that the Grantor Property may be further subdivided in the future and, accordingly, (a) only the resulting parcels which include any portion of the area of the Stormwater Easement at that time shall be burdened by this Agreement, and (b) only the then-current owners of the resulting parcels 4  which are benefitted or burdened by the Stormwater Easement (as reasonably determined by the Grantee) and the Grantee shall be required to sign any amendment or termination. 11. Notices. Any notice required or permitted by this Agreement shall be in writing and deemed given and received when delivered personally or delivered by nationally-recognized courier services (with proof of delivery) by 5:00 p.m. local time on a business day (otherwise the following business day), or three (3) business days after notice is deposited with the U.S. Postal Service, postage prepaid, certified, and return receipt requested, and addressed as follows: To Grantor: Arrowhead Pharmaceuticals, Inc. 177 East Colorado Boulevard, Suite 700 Pasadena, CA 91101 Attention: General Counsel with a courtesy copy sent via email to: general. counsel@arrowheadpharma.com To the Grantee: City Clerk City of Verona 111 Lincoln Street Verona, WI 53595 Any party may designate or change its address for notice by written notice to the other parties. 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all such counterparts together shall constitute one original instrument. 13. Authority. Each party to this Agreement represents and warrants that it has the full power and authority to enter into this Agreement and that no third-party authorizations or consents are necessary to bind such party to the terms hereof. [Signature pages to follow]  IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by individuals and officers duly authorized. GRANTEE: CITY OF VERONA es uke Diaz, Mayor By: Spey Hos A— Holly Licht, City Clerk STATE OF WISCONSIN COUNTY OF DANE Personally came before me this [2 day of De (em ber , 2021, the above named Luke Diaz and Holly Licht, to me known to be the Mayor and City Clerk of the City of Verona, and the persons who executed the foregoing instrument and acknowledged the same. Kays o wy, WAYLA , PrigfName: Kola A erin Notary Public, State of Wisconsin & ee Up, My Commission: S/2l S22 § NO Tq “2% EE EA g B 2) . SLic 3g %, Oe . el ’ BARAT TTT IRA  GRANTOR: EAD MADISON, INC. Name: yi Xa Ares lovey, Ph.D. Title: Tegideny & CED STATEOF (WM ($ ont COUNTY OF Dav 2 Personally came before me this J day of L LLL her , 2021, the above- named (ri5 Rokr fz a hae, Zid -, to me known to be the person who executed the foregoing instrument and acknowledge the same. / Urpin a (Meta Print name: Ppvelon fr. [Thigtear Notary Public, State of Wisconsin (NOTARY SEAL) My commission is permanent/expires: /i RY. Jos» Attachment: Exhibit A — Depiction of Stormwater Easement Area  EXHIBIT A Depiction of Stormwater Easement Area [This exhibit is intended to represent visual relationships. Viewers are directed to disregard any illegible text.]  CERTIFIED SURVEY MAP LOT 2, CERTIFIED SURVEY MAP NO. 12099, JOHN P. LIVESEY BLVD, WITHIN CERTIFIED SURVEY MAP NO, 12099 AND LANDS, LOCATED IN THE SW1/4 OF THE NW1/4 AND THE NW1/4 OF THE NW1/4 OF SECTION 25, T6N, R8E, CITY OF VERONA, DANE COUNTY, WISCONSIN we FOUND ALUM. HON. uy CORNER SEC, 25, T6N. RBE yisconsiy COUNTY ier 1 pS %, Lor 2 2 DINATE SYSTEM +» M 184 i : . cs 18102 jo £: 788955.,02 LANDS & 4 S89°09'43"F 524.42" > = 66.00" & | Padi © | ! EN JOHN P. LIVESEY BL wo. —FT 235.95" F TUSE909 457 h7a. 57 WITHIN CSM 12099 | 12, ioe | ~SEE NOTE 1+ SHEET 2 | JuBLIC Lom P. LIVESEY BLVD. CASEMENT DEDICATED TO THE PUBLIC Lov 1 | Doc. no. | mee ty 4293041 CSM 12099 jrhtigihiad isIs ! § Lor 1 30° WIDE PUBLIC ed for i 568,850 SO. FT. i DRAINAGE EASEMENT | : ) ~SUBJECT TO TERMS LOT 2 3 AND CONDITIONS OF csr anes | EASEMENT AGREEMENT ; i TO BE SEPARATELY © | mee I 12, Wig = RECORDED \ Lz Soya le : wo N “ NBF°09 43"¥)440. 84" i BTA : >. [3] wild, Sn ! ~SEE NoTE 3, 33 ~ SEONG, Lo ol 2 8 | ; 158 | oe caw i |S & zm ' a [1 gs2 OL IAIMGE | 265.654 1 o 50° WIDE PUBLIC" [ZR Sum| RAIMASE 50. FT. Sl oralwacE EASEMENT | 3, =| ERE IS DOC, NO. | DEDICATED TO THE © -SUBJECT TO TERMS =| QE LANDS 1 88 0 4293041 PUBLIC FOR w AND CONDITIONSOF | 5 3 R URN, Ww §2= 3 VANAGEHENT & AREEMENT “Il 38 ° gn | — 9 TO BE SEPARAVELY | Ye pilgrm-mm mmm SR $ RECORDED 3 6 $89°09 437 3 H. a 235.95" El FE IOS J I RS LOT cm 3 I Sole ETT pp pra 3 CSM 13943 “ I=! Ix AUER e HE DN A @ H Ny Q — 440.42" y 396.00 | S ® ! I [P— NB9°09 43H 836,42¢ ‘ = ig ED 2 i | | Lor 1 i 9 EY 3! ——- . k 12' WIDE LOT 2 al CSM 13943 | 8 PuBLIC 271.1666 SO. FT. mes ®yTIciTY =SHAN i EASEMENT | ! ~SEE NOTE 3, Co | SHEET 2 (589033427) ” i Lk a _..\__ NB9°0S'42°W NEIN0F 840.19’ 42 W 840.19] | = a I oeit.26 KETTLE MORAINE TRAIL 3% 28 =k i ——— vm ——— a ran wy FOUND ALUM. MON. Lo 1 (007367287) ory ! CEE « 25¢ TON: R8E 2 £ NEE aor oe 81 com svn on86.00" | CSM 12037 Si Chott fo or — N8B°59'33“W 1 WE ! ’ ® FOUND 1-1/4" IRON REBAR o PLACED 3/4"X18" IRON REBAR WISCONSIN COUNTY (WT. <1. 5LOS. FT.) COORDINATE SYSTEM (DANE ZONE) () RECORDED AS INFORMATION THE WEST LINE OF THE NWi/4T6N. OF REESECTION 25. DATE: __@ctober 21. 2021 I'ONDFRIC KOTTKE AND ASSGCIATES, INC. BEARS FN: 21-07-19 7530 Westward Way, Madison, Wi 53717 o MOOTEETOZ hy CisM NO. 15848 = Phone: 608.833.7530 ¢ Fax: 608.833,1089 YOUR BATURAL RESOURCE FOR LAND SEVELOPMENT Scale 1 = 200 poc. No. 578877 SHEET 1 OF 4 vor. WS sweer_ 34O  WATER MAIN EASEMENT AGREEMENT This Water Main Easement Agreement (the “Agreement”) is made this ___ day of ___________, 2024, by and between the City of Verona, a Wisconsin municipal corporation (the “Grantee”) and Arrowhead Madison, Inc., a Delaware corporation (“Grantor”). THIS SPACE RESERVED FOR RECORDING DATA DRAFTED BY AND RETURN TO: Angie Black Carlson Black O’Callaghan & Battenberg LLP 222 West Washington Ave, Ste. 705 Madison, WI 53703 P.I.N. 286/0608-252-8710-2 RECITALS A. Grantor owns the Property legally described as Lot 1 of Certified Survey Map No. 15848, recorded on November 1, 2021 in Volume 115 of Certified Survey Maps, at Pages 340 through 343 as Document No. 5785274 (“Grantor Property”). B. In connection with the development of the Grantor Property, a water main has been constructed and Grantee requires dedication of an easement for the water main, all as more fully described below. C. The parties wish to memorialize their agreement, and the terms and conditions governing the Water Main Easement (defined below), and to allocate rights and responsibilities among them. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor and Grantee agree as follows: 1. Grant of Water Main Easement. Grantor hereby grants to Grantee a perpetual easement for the construction, installation, use, repair, replacement, and maintenance of a water main (“Water Main Easement”) on, over and upon the portion of the Grantor Property described and depicted as “Public Water Main 1  Easement 26,778 SF (0.61 Acres)” on the attached and incorporated Exhibit A (“Water Main Easement Area”). 2. Maintenance and Repair of Water Main. Grantee shall be responsible, at its sole cost and expense, for all maintenance, repair and replacement of the facilities and improvements comprising the water main system located within the Water Main Easement (collectively, the “Water Main”). In addition to the Water Main Easement, the Grantee, and its agents, employees and contractors shall have a perpetual, limited right and license of ingress and egress over and across the Grantor Property as reasonably necessary for purposes of operation, maintenance, repair or replacement of the Water Main, and to perform any other obligation or exercise any of the other rights of the Grantee set forth in this Agreement, subject to the Grantee’s obligation to use reasonable efforts to limit entry to the Grantor Property to the extent reasonably necessary to exercise the specific rights, and perform the specific obligations, of this Agreement. Except for use of the Water Main Easement, as expressly described in this Agreement, the Grantee may not grant any third party any easement, right-of-way or other right or license to access or use the Water Main Easement Area. 3. Restoration of Grantor Property. Following the Grantee’s exercise of any rights granted by this Water Main Easement, Grantee shall restore, to as near as reasonably possible, the Grantor Property to the condition it was in before such activities, except the Grantee shall have no responsibility to restore, repair, or replace any material or activity prohibited by Section 4. 4. Grantor Rights of Use. Grantor shall have the right to use the Grantor Property, including the Water Main Easement Area, in any manner not inconsistent with the rights granted in this Agreement subject, however, to all of the following clarifications and limitations: (a) No permanent buildings or structures shall be constructed or located within the Water Main Easement Area. (b) Grantor shall be responsible for, at its sole cost and expense, removal or demolition of any permanent buildings, or structures constructed or located within the Water Main Easement Area and will not be entitled to any reimbursement from the Grantee for repair or replacement related to any of the foregoing. (c) Private and public utilities are permitted to cross the Water Main Easement Area. 2  (d) No permanent grade changes (additional overburden or excavation cuts) shall be placed or made within the Water Main Easement Area without first obtaining approval of the Grantee, which approval shall not be unreasonably withheld, conditioned or delayed. 5. Indemnification. The Grantee agrees to indemnify, defend and hold Grantor and its officers, employees, agents and affiliates harmless from and against all claims, costs, expenses, damages and liability of every kind and nature for injury or damage received or sustained by any person, entity or property in connection with, or on account of, the exercise of the easement rights granted herein or performance of work on the Property except to the extent caused by the negligence or willful misconduct of Grantor or its officers, employees, agents or contractors. Nothing herein shall be deemed to waive, limit or otherwise modify the protections and limitations of liability found in Wis. Stats. §893.80 or any other protections available to Grantee by law. 6. Default and Enforcement. If any party defaults in performance of this Agreement, any other party may deliver written notice demanding the default be cured. If the defaulting party fails to cure the default within thirty (30) days of receiving the notice (or such longer period as may be reasonably necessary under the circumstances), the non-defaulting party shall have the right to enforce this Agreement by proceedings at law or in equity, and shall be entitled to damages, injunctive relief or any other remedy available at law or in equity. If a lawsuit or other cause of action is brought as a result of a default or otherwise to enforce this Agreement, the prevailing party shall be entitled to recover from the non- prevailing party its actual and reasonable costs and expenses incurred in bringing or defending against the lawsuit or action including, but not limited to, reasonable attorneys’ fees, court costs and expert fees. 7. Covenants Running with the Land. All the terms, conditions, covenants and other provisions contained in this Agreement, 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 the parties, and their respective mortgagees, successors and assigns. 8. Severability. If any term, covenant, or condition of this Agreement, or the application thereof to any person or circumstance, shall be deemed invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant 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, 3  covenant and condition shall be valid and enforceable to the fullest extent permitted by law. 9. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Wisconsin. 10. Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties. This Agreement and the Water Main Easement may not be changed or terminated except by a written document executed and acknowledged by all of the then-current owners of the Grantor Property and the Grantee, and recorded in the office of the Register of Deeds of Dane County, Wisconsin. It being further acknowledged that the Grantor Property may be further subdivided in the future and, accordingly, (a) only the resulting parcels which include any portion of the area of the Water Main Easement at that time shall be burdened by this Agreement, and (b) only the then-current owners of the resulting parcels which are burdened by the Water Main Easement (as reasonably determined by the Grantee) and the Grantee shall be required to sign any amendment or termination. 11. Notices. Any notice required or permitted by this Agreement shall be in writing and deemed given and received when delivered personally or delivered by nationally-recognized courier services (with proof of delivery) by 5:00 p.m. local time on a business day (otherwise the following business day), or three (3) business days after notice is deposited with the U.S. Postal Service, postage prepaid, certified, and return receipt requested, and addressed as follows: To Grantor: Arrowhead Pharmaceuticals, Inc. 177 East Colorado Boulevard, Suite 700 Pasadena, CA 91101 Attention: General Counsel with a courtesy copy sent via email to: general.counsel@arrowheadpharma.com To the Grantee: City Clerk City of Verona 111 Lincoln Street Verona, WI 53595 Any party may designate or change its address for notice by written notice to the other parties. 4 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all such counterparts together shall constitute one original instrument. 13. Authority. Each party to this Agreement represents and warrants that it has the full power and authority to enter into this Agreement and that no third-party authorizations or consents are necessary to bind such party to the terms hereof. [Signature pages to follow] 5  IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by individuals and officers duly authorized. GRANTEE: CITY OF VERONA By: __________________________ Name: ________________________ Title: _________________________ Attest: __________________________ Holly Licht, City Clerk STATE OF WISCONSIN COUNTY OF DANE Personally came before me this _____ day of _______________, 2024, the above named ____________________ and Holly Licht, to me known to be the __________________ and City Clerk of the City of Verona, and the persons who executed the foregoing instrument and acknowledged the same. _______________________________ Print Name: _____________________ Notary Public, State of Wisconsin My Commission: _________________ 6 GRANTOR: ARROWHEAD MADISON, INC. By: __________________________ __________________________ __________________________ STATE OF ______________________ COUNTY OF ___________________________ Personally came before me this _____ day of _________________, 2024, the above- named _________________________, to me known to be the person who executed the foregoing instrument and acknowledge the same. _____________________________ Print name: ___________________ Notary Public, State of __________________ (NOTARY SEAL) My commission is permanent/expires: ________ Attachment: Exhibit A – Description and Depiction of Water Main Easement Area 7  EXHIBIT A Water Main Easement Area A Public Water Main Easement within Lot 1, Certified Survey Map No. 15848, recorded in Volume 115 of Certified Survey Maps on pages 340-343 as Document Number 5785274 in the Dane County Register of Deeds Office, located in NW1/4 and the NW1/4 of Section 25, T6N, R8E, City of Verona, Dane County, Wisconsin to-wit: Commencing at the Southeast corner of Lot 1; thence N01°00'27"E, 341.59 feet along the East line of said Lot 1 to the point of beginning; thence N88°57'22"W, 147.23 feet; thence S01°02'38"W, 25.00 feet; thence N88°57'22"W, 20.00 feet; thence N01°02'38"E, 25.00 feet; thence N88°57'22"W, 202.83 feet; thence N44°44'36"W, 22.24 feet; thence N01°00'27"E, 234.81 feet; thence N45°00'00"W, 13.79 feet; thence N89°09'43"W, 440.93 feet; thence N00°58'02"E, 420.00 feet; thence S89°09'43"E, 10.00 feet; thence S00°58'02"W, 400.00 feet; thence S89°09'43"E, 172.06 feet; thence N00°50'17"E, 12.00 feet; thence S89°09'43"E, 20.00 feet; thence S00°50'17"W, 12.00 feet; thence S89°09'43"E, 229.97 feet; thence N00°50'17"E, 12.00 feet; thence S89°09'43"E, 20.00 feet; thence S00°50'17"W, 14.95 feet; thence S45°00'00"E, 26.16 feet; thence S01°00'27"W, 215.33 feet; thence S88°59'33"E, 7.00 feet; thence S01°00'27"W, 23.50 feet; thence S88°57'22"E, 358.99 feet; thence S01°00'27"W, 20.00 feet to the point of beginning. 26,778 square feet (0.61 acres) 8 [This exhibit is intended to represent visual relationships. Viewers are directed to disregard any illegible text.] 9