HomeMy WebLinkAboutMutual Release of Interests Morgan District 09-0001 111111 IiU HI IIIIII
MUTEASE 8 Tx?438892418196161
6
OF INTERESTSUALREL DOC# 1794969
NATALIE STROHMEYER
Document Number Document Title REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
07/30/2019 09:58 AM
RECORDING FEE:
PAGES: 6
The CITY OF OSHKOSH,215 Church Avenue, Oshkosh,
Wisconsin 54901, a Wisconsin municipal corporation(City),and
MORGAN DISTRICT, LLC, 601 Oregon Street, Oshkosh, RecordingArea I �5
Wisconsin 54902, a Wisconsin Limited Liability Company, Name and Return Address
(Morgan District), enter into the following Mutual Release of Interests. City Attorney s Office `it
PO Box 1130
Oshkosh,WI 54903-1130 uL
1. On or around December 6, 1954, the City vacated certain public
right-of-way,while reserving statutory easement rights for 90900010000
public utilities within the vacated right-of-way. The vacated Parcel Identification Number (PIN)
right-of-way are described as follows:
That part of West Third Avenue lying between the extended west line of Lot#10
of Block#76 and the Fox River;
and
That part of West Fourth Avenue lying between the extended east line of Lewis
Street and the west line of Minnesota Street;
and
That part of Iowa Street lying between the north line of Fifth Street and the Fox River,
all of which are within the Plat of the Original Third Ward, and within the 9th Ward
at the time of council action.
2. On or around January 5, 1955,the owner of the real property surrounding the vacated right-of-way
as well as the vacated right-of-way itself entered into an Agreement related to the interactions of the
property owner's use of the vacated right-of-way with the City's use of its statutory utility easement
within the vacated right-of-way. The Agreement was recorded with the Winnebago County
Register of Deeds on January 7, 1955, in Volume 759 on Page 413, as Document Number 219391.
A copy of the recorded Agreement is attached as Exhibit A.
3. Morgan Partners is the successor-in-interest to the owner of the real property surrounding the
vacated right-of-way as well as the vacated right-of-way itself that is subject to the statutory utility
easements.
4. The circumstances related to both the property owner's use of the property, including the vacated
right-of-way, as well as related to the City's use of its statutory utility easement in the vacated right-
of-way,have changed and the terms of the Agreement attached as Exhibit A are no longer relevant
to either party.
5. The City and Morgan District therefore mutually release each other from the terms and conditions,
and benefits and burdens,of the Agreement attached as Exhibit A and its terms hereafter shall be
null and void. Each party releases the other from all claims, known or unknown, related to the
Agreement.
1 l.✓�
b. This mutual release applies only to the Agreement attached as Exhibit A, and shall not affect any
• other agreement between these parties,nor shall it affect any right, title, interest, easement,or other
lien, encumbrance, or benefit or burden affecting the subject real property described in paragraph 1,
above.
MORGAN D :f ' CT, LLC
By: di° '
Pcit rS/ zrj(7 i r (—
(print name) (title)
By:
(print name) (title)
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
, 6-
Personally came before me this ol 0( day of csL 11 ,2019,the above named 2 .`( S. LOY\
to me known to be such person who executed the foregoing instrument and acknowledged the same, for the put pse,,herein
contained. /L t;
Notary Public,State of Wisconsin ,'v -�
My Commission expires: 9 2.(,) 'Z( ,
▪ U: 1- ° La
▪ 41.'. o I r
f: r)
STATE OF WISCONSIN ) ` ,,,,,,,,+++
)ss.
WINNEBAGO COUNTY )
Personally came before me this day of , 2019, the above named
, to me known to be such person who executed the foregoing instrument and
acknowledged the same,for the purpose herein contained.
Notary Public, State of Wisconsin
My Commission expires:
2
0',cJSH
CITY OF OSHKOSH y `
•
O -
• -
By: /�U----- ,54. By:
Mark A. Rohloff,City Manager Pamela R.Ubrig,City Cle k`
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
•
Personally came before me this A?3 day of 2019, the above named Mark A. Rohloff and
Pamela R.Ubrig of the City of Oshkosh,to me known to be ch persons wh xecuted the foregoing instrument and`-
acknowledged the same,for the purpose herein fined.
ary Publbate of 'Wiscon _
My Commission expires: u✓ Olt OkOdb
Drafted by:
David J.Praska,Deputy City Attorney
Oshkosh,Wisconsin
3
• GR � � rtErt � • VOL 159 w lla
HEREAS, the Common Council of the City of. Oshkosh, Winnebe o County,
Wisconsin, has heretofore by resolution, adopted December 6, 1954,,yeceted
that portion of the following described sheets in_' the tinthWard, City of
Oshkosh, to-wit: .
That part of Third Street. lying between the extended West . -
.line of Lot #10 of .Block #76 in the Plat V of the Original
. Third 'lard, end the Fox River. '
r,het prt Of Fourth Street lying between the extended
• East line of Lewis Street end the '.•test.line of Minnesota
esota
Street, Plat of the Orir inal Third Ward.
That part of Iowa Street -lying between the tdorth'line of
Fifth street and the Fox River, Plat of the Original
• `t'hir . Hard, .
' Reserving unto the City of Oshkosh the right to maintain,
. Service, repair or replace all sewer, water and gas mains
s
' and fittings within t;he three above described areas, and '
'.IW=R}AS, said streets Were vacated at the sole recuest of and
for the exclusive convenience and benefit of the Lothman Cypress Company,
e foreign corporation, end ,
WHER3AS, at the time of vacating said streets certain rights and
privileges were reserved by the said City of. Oshkosh in regard to the '
underground water mains eau?' sewers laid in said streets, and
ViTiR AS, it is !possible in the future,Lothman Cypress Cemeany, or its
s'=ccessors and assigns, may erect a building or buildings on the lend vaca-
ted reoeiring piers end footings to be laid et .a considerable depth in order
to support said building, the construction of which may be. in close prox--
imity tc a six and eight inch water mein ar.d to a concrete sewer main be-
longing to said City of Oshkosh. •
NOW, T} R.FOP. , 3't' "IS GR,E^D.by. and.between the-parties-hereto-that
in consideration of the premises aforementioned it is hereby stipulated and
agreed .be and between the City of Oshkosh, Winnebago County, Wisconsin, a
municipal corporation, and. the Lothman Cypress Company, a foreign corpora--
tion, es follows: . •
THAT in the event at any time .in the future the said water and sewer
.mains as mentioned herein shall leak or in'any way become out of repair
•
Exhibit A 43
--
VOL 75.J PM
resulting in damage to any property belonging to seid Lothmen Cypress Com-
that said Lothmen Cypress Company, its successors end assigns,
many, its successors and a.ssirns,Nwill not hold the said City of Oshkosh,
its officers or employees in any way liable or responsible for any damage
suffered by it; the said Lothman Cypress Company, its successors and. assigns,
will at all times in the event it becomes necessary to.repair, rebuild, or re-
move said sewer Or-water main, permit any, and all employees of the City of
Oshkosh to enter upon said premises for the purpose of repairing or perform-
ing any or ell work deemed necessary by the proper officers end employees. of
the said City of Oshkosh for the protection of said water end sewer mains
end the proper operation of the water and sewer systems of said City of
Oshkosh, Wisconsin_. .
I'" IS FURn R tNDE^S"'OOD AND AGREED by and between the parties hereto
that in the event it becomes necessary, in the. opinion of the City of Oshkosh
or its emplcyees, for the prover operation of said water or sewer systems
to excavate it the area- over which said Lothmen Cypress Company, its succ-
essors or essipms, may have constructed a building or buildings, that the
said. Letheen Cypress Company, its successors or assigns, will and does hereby
agree to pay the expense of said. excavating, any and. all other expense over
' and. above the ordinary costs, as if said buildings had rot been constructed
over the water mains or sewer mains sought to be repaired,: rebuilt or re-
oved.
IN WITNESS WHEREOF, said parties hereto have caused these presents
to be sir_-ned and sealed by its proper officers. .
In the presence Of: LOTr�IJAN ON ANY
i '.,;,ate. ; . ! President
e xl,i ;+ Counte sig -d by:
•
� .-Sec t2ry
Li] fir:'
In the ?4re'sence Of: 2;:.,`4'j'r" • ' WTY,Q, 0S9?OSH
/97A4-6;.;e--1 S- e--,' • •f- . • 4 .;,--;* •r.
•
' •
..y.�. ;. •;. ..-, .,./ .. City- Clerk •
Exhibit A 2D,3