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HomeMy WebLinkAboutRelease of Easement 09-001 & 03-0001-0100 HI U IIIIIUIIHfl RELEASE OF 8 5 2 1 8 9 9 Tx:4383092 RECORDED EASEMENT D O C# 1794976 Document Number Document Title NATALIE STROHMEYER 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), 3a.Q2- herein takes the following action regarding its interests in Recording Area certain real property as identified below Name and Return Address t� City Attorney's Office �i 0 PO Box 1130 07A 0 1. The City has an interest in certain property more particularly Oshkosh,WI 54903-1130 described as follows: 90900010000 , 90300010100 Parcel 1 (Land east of Oregon Street) Parcel Identification Number (PIN) A parcel of land north of the described line to the south bulkhead line of the Fox River in the fractional section of Section 24, T18N, R16E, Third Ward, City of Oshkosh, Winnebago County,Wisconsin. Said line commences at a point on the east line of Oregon Street 560.8 feet north of the north line of West 6th Avenue,thence east at right angles to Oregon Street 65 feet,thence S. 81°30' E. 545 feet more or less to the extended north- south centerline of Lot 7 of the Original Plat,Block 1. All angles referenced to Oregon Street being true north. Parcel 2(Land west of Oregon Street) A parcel of land north of the described line to the south bulkhead line of the Fox River in the fractional section of Section 23,T18N, R16E,Ninth Ward, City of Oshkosh, Winnebago County, Wisconsin. Said line commences at a point on the west line of Oregon Street 584 feet north of the north line of west 6th Avenue,thence N. 83° 30' W. 374 feet,thence N. 20 W. 8 feet,thence N. 80 W. 238 feet more or less to the extended east line of vacated Minnesota Street. All angles referenced to Oregon Street being true north. 2. The City's interest arises pursuant to an easement agreement dated May 11, 1981, and recorded with the Winnebago County Register of Deeds on June 30, 1981 as Document Number 565479, with the purpose of the easement to plant,maintain, and repair a Planting Plan. 3. A copy of the recorded easement is attached as Exhibit A, and incorporated herein. A map showing the Easement area is attached for descriptive purposes is attached as Exhibit B. 4. The undersigned City of Oshkosh releases all right,title, and interest in the real property arising under the easement. Any improvements have been installed or constructed pursuant to this recorded easement,are abandoned by the City and the easement rights are released without warranty,guaranty,or responsibility regarding the condition of the easement property or easement improvements therein. 5. This Release is limited to the rights pursuant to the identified recorded easement,and does not affect any other right,title, or interest, including other easements, agreements, encumbrances, and the like that affect the subject real property. April 9, 2019 ^ }'CITY OF OSHKOSH • By: �4ioager ,. cam By Mark A. Pamela R. Ubrig, City C rk • • STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) y Personally came before me this ?% day of Jj l , 2019, the above named Mark A. Rohloff and Pamela R.Ubrig of the City of Oshkosh,to me known to be sih persons w xecuted the foregoing instrument and acknowledged the same,for the purpose herein tained. ary Public,(Sir to of Wisconin My Commissio expires: 1u a' �d+ 77 Drafted by: David J.Praska,Deputy City Attorney Oshkosh,Wisconsin April 9, 2019 C1 a tfaLkeri Cf ram'ccr te--6.( 415 • - EASEMENT 'PHTS INDENTURE, node this I cN day of MAY , 1981, by and between C-E NDRGAN, INC., a Sit:sid iy of'.a8.•TIUSTION ENGMEERING, INC., a Delaware corporation, located in Winnebago County, State Of Wisconsin, • • hereinafter referred to as "Grantor", and the CITY OF OSHKOSH, a municipal , • corporation located at 215 Church Avenue, Oshkosh, Wisconsin, hereinafter referred to as "Grantee", WI ESSETH: IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valnahle consideration Ltd by Grantee, the receipt of which is-hereby acknowledged, the Grantor does hereby give and grant unto the Grantee, its successors and assigns, an easerrent in, under and over the land hereinafter • described including the right to enter upon said land for the sole purpose of planting, naintei ning, and repairing thereon the Planting Plan attached • • ' hereto and narked Exhibit A. TSCRIPTION OF EASEMENT: • LANDSCAPING EASEMENT • - • Parcel 1 (Land east of Oregon Street) A parcel of land north of the described line to the south bulkhead line of the Fox River in the fractional section of Section 24, T18N, R16E, Third Ward, City of Oshkosh, Winnebago County, Wisconsin. Said • line commences at a point on the east line of Oregon Street 560.8 feet north of the north line of West 6th Avenue, thence east at right angles to Oregon Street•65 feet, thence S. 81°30' E. 545 feet more • or less to the extended north-south centerline of Lot 7 of the Original Plat, Block 1. '.All angles referenced to Oregon Street being true north. Parcel 2 (Land west of Oregon Street) A parcel of land north of the described line to tile-south bulkhead line of the Fox River in the fractional section of Section 23, T18N, R16E, Ninth Ward, City of Oshkosh, Winnebago County,. Wisconsin. Said • line conurences at a point on the west line of Oregon Street 584 feet north of the north line of West 6th Avenue, thence N. 83°30' W. 374 feet, thence N. 20°W. 9 feet, thence N. 80° W. .238 feet more or less to the extended east line of vacated Minnesota Street. All angles referenced to Oregon Street being .true north. • • • • Exhibit F I IT IS FURTHER MUI'U7LLY AGREED that no building, tree orother•substantial or permanent structure shall be placed Loon said property`by: the Grantor.:, GRANTEE HEREIN FURTHER AGREES to enter upon said Easeeernt sd1 1y for-' the purpose of rnaintaing and improving the Planting Plan Exhibit A aria for;' • no other purposes. - Grantee will maintain the fence indicated on the attached plan. TtiL GRANTEE HEREBY RELEASES the Grantor from all debets, clams, I demands, damages, actions and cases of action whatsoever which may result - Lccm said easerent heretofore granted by Grantor and further agrees to hold the Grantor free and harmless fLorn any claim for damages which ray be made by reason of damages or injury to persons or property connected therewith. IN WITNESS WHEREOF, said Grantor has hereunto set its,hand and seal the day and year first above written. • In the presence of: - C-E M)RGAN,INC., a subsidiary 15f OJMBUSTION a .t,e(„1., ENGINEERING, INC. X.21 By: is r si ant n a 2.L7/✓7r 2/..-7 -iiii../t, . BY:. ecre ary • . STATE OFGxne�ia.t.; • , • ' • marry of.a: 44? ss. - - Personally care before re this 1/Tf/ day of _; 1981, the above named IJ. /. R a„,....t,e1,.0,0„ - , its 14_P_, - l'a2.4 .d , and 0 , its for C-NARGAN, INC.,• ' S U a a"�. _�a� Q� �� STION ENGINEERING, 'C.. to me•known to.be' the persons who executed the foregoing instrurrent and acknowledged same. • • It• -4 PUB c� • ":. My commission expires: /4' r• gjilt i L6:_ :__ My Comroisild f3 `� P E rei:Aq 1•f19� 'r••, `� Vic;�� • ......,,,,'1� THIS INSTRUMENT DRAFTED BY JOHN W. PENCE, ATTORNEY • -2- JOHN W - . . . . PENCE, City Attorney • Exhibit ' i-be . { • 2317 ^ - • • CITY OF OSHIXCSH • C-E ICRG@N, COMBUSTION ENGINEERING, INC. dune 30, 1981 S0330 JD 131SI9311/J F.A,§ MIT - to city of Oshkosh from " 'O "�C�j C-E IdORGAN, INC., a subsidiary of Combustian Engineering, Inc. for two oo�,o �; parcels of'land'located east and west Bi :' of Oregon St. and abating the Fox River jo 4sQ 0& e oel and being located in the fractional "Dame.'z�Psi tt section of Section 23, Ninth Ward. -fru'ammo o5tgeuui111. Gosao eesalgi2e2i X • rt • • • V '` \, ,�. Mercury ��� I`�f r � ! R ,.. , ti `+B 'ff ` Is • fverwalk �� /� , L IL\' �ti ' Mil South Shore Parcel J1 '''s' naar. , o Fox River LI: N. \ Outlet 1 ,CI5�.a CAPE • Official mapping t s ,x..fii i for Riverwalk' . I N x i :Jeld —. 7 Wen J — i�, -� - _ '"� City of Oshkosh Wisconsin �. 11 al c e a o C ` ! I �� Community Development VI w.+,. AVE. AVE W 7Th ,.x.u, AVE 2 E7fHAVE '� 1):■ 1 ) "] T.r ri LQ ,(7 3 ci a 7,c,--7•"' J ., t _H �- 1E ' . : EJ1 .:�, DISCLAIMER 1cam, �}cl I. - i i(� W�: J L . i ,. _ , I _ ° a=�. Ott CO . `.c._ '_ This map is neither a legally recorded map nor �j yy g7H AVE. E IfTN AVE. a survey and it is not intended to be used as one. AVE' W. IITb _ o , .. 1 This drawing is a compilation of records,data i ��`i�l �t•1 *,: I.. , .. . !Milt. IN ,- 4 J and information located in vuriou3 city,county �� _ a;D L7 L7fa •�� sT--,:11.. w e ... .... �,+� r ii�e = b — 8nd state offices and other sources affecting 2 1N 1 r _ I the area shown and it is to be used for reference + � '� � etii r' �t� � p ; W 9TH AVE `r purposes only.The City of Oshkosh is not re- AVE WE.6TH AVE aponsible.for any inaccuracies herein contained. era {� !� - 6 ^ .1 i P.- II:�� �- If discrepancies are round,please contact the Il R 4'>'B U n idd .~ �01/11�e few _ :'�.,,,a ,_,©� t u .dp r 1 . -w� City of Oshkosh. ;�7 0 qa 3 p~���'J .�-�.� � Yf' cQia � �` � �� , I�R1 �vi I�, t:`. 1�� = 400i p1 g �. O '11 1�`'" § l 9 -!9s o 1 _i . ' g EY a)v33f l"a 'FJ . — ' �� 10THVE E 10TH AVE AVE111111 ilii9Pit la .., - • ,,,,,,,„„ mar. pVE W 10TH gVEA "F -,----ffi ...21111! 0 D r�7-1 !i t J �r J� y: A. �� anti :_ gig Q,d L:}: o � , , _ Created by D i ,