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Home My WebLink AboutDiscontinued Right-of-Way- Jay St 2020Release of Utility Rights In Discontinued Right -of -Way Document Number Document Title The CITY OF OSHKOSH, 215 Church Avenue, Oshkosh, Wisconsil 01, a Wisconsin Municipal Corporation, herein takes the following ons regarding its interests in certain real property, as identified below: 1. The Oshkosh Common Council approved a resolution on J 10,1946, which had the intended purpose and effect of vacating following right-of-way: Jay Street between Marion Street and the extended NEly line of Lot 18, Block G — Western Addition — gat Ward — City of Oshkosh, Winnebago County, Wisconsin. Tx:4432051 DOC#1813612 NATALIE STROHMEYER REGISTER OF DEEDS WINNEBAGO COUNTY, WI RECORDED ON: 04/09/2020 10:32 AM RECORDING FEE: 30.00 PAGES: 4 and Return Address City Attorney's Office GN6 - PO Box 1130 Oshkosh. WI54903-1130 OZ4 90102020000,90102000200 Parcel Identification Number (PIN) 2. The Resolution approved on June 10,1946, included a provision in the street vacation terms stating the vacation is "subject to all rights of the City of Oshkosh, to maintain, repair and replace any and all w or sewer mains or other underground structures forever, or as long as maybe necessary" within the vac right-of-way. By virtue of this provision, the City thereby reserved and retained a statutory perpe easement for the City's public utilities within the vacated right-of-way. 3. A copy of the June 10,1946 Resolution is attached and incorporated as Exhibit A. The Resolution filed with the land records of the Winnebago County Register of Deeds on June 13, 1946, as Docur. Number 135948. 4. The City of Oshkosh no longer uses the aforementioned vacated right-of-way for public utility or of public purposes and therefore agrees to release its statutory easements, including but not limited to its abi to maintain, repair, and replace public utilities within the vacated right-of-way and, more particularly, over, and within the following real property: Lot 2 of Certified Survey Map No. 6553, recorded in the office of the Register of Deeds for Winnebago County, Wisconsin, on August 5, 2011, in Volume 1, page 6553, as Document No. 1577796, being a re -division of all of Certified Survey Map No. 6506, being a part of the Southeast'/4 of the Northeast `/4 and part of the Northeast `/4 of the Southeast'/4 of Section 23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin. Lot 2 of Certified Survey Map No. 7150, recorded in the office of the Register of Deeds for Winnebago County, Wisconsin on October 7, 2016, in Volume 1, page 7150, as Document No. 1724920, being a re -division of Lot 4 of Certified Survey Map No. 6553, being a part of the Southeast `/4 of the Northeast % and part of the Northeast `/4 of the Southeast `/4 of Section 23, Township 18 North, Range 16 East of the Fourth P.M., First Ward, City of Oshkosh, Winnebago County, Wisconsin. C' g . This Release does not affect any other easement, agreement, property right, or encumbrance. The City through this document makes no representation regarding the condition of the vacated right-of-way. 6. The City abandons any and all of the City utilities and facilities that remain within the statutory easement that is being released. The City relinquishes all right, title, and interest in the abandoned utilities and facilities. The property owner may use or remove any remaining utilities or facilities that have been abandoned, or undertake any lawful action within the vacated right-of-way, all at the property owner's own risk. Dated this J St day of 145,DY 11 12020. CTl'Y OF OSHKOSH Mark A. Rohloff, City Manager STATE OF WISCONSIN ) ) as. WINNEBAGO COUNTY ) Pamela R. Ubrig, City Personally came before me this L day ofARLI L 2020, the above named Mark A. Rohloff and Pamela R. Ubrig of the City of Oshkosh, to me known to be such persons who executed the foregoing instrument and acknowledged the same, for the purpose herein contained. .„..... LX )qotfiy,Ku61ic,Ktate of Wisconsin My Commission Expires: 12/1 �5/202.3 Drafted by: David Praska, Deputy City Attorney Oshkosh, Wisconsin 2 ;36$ Doc. 80. 135931 I�s 6 M OF 1ISCC8SI8, COONT4 OCORT, Oeta"nois County Ia Natter of the Jo1at Tommy ds 8. state Mortgage, of Bred to , D......d. The app nt tog of Frederick Jests. executor of eetate of Hied Jaatz for a certificnto the termiaati o4 the joist t aecy of Fred Jests is the reel state gortgng. hereinafter due crib ed, cum' on for hearing at this time: And it sett of rily appearing by the verified petition or sedd apoliasbt. wbo legally interested' is amid matter, sad b the testimony taksa, that such certificate may be issued; . Tliera£ore, i, Oscar 9elmi.age, Mani cipal ehdge, agog Cauat9 Jhdga o4 gmde County, Wiaooazia, do heroby certify that Fre ante, a resident oY Apple/o-diesaid county, die oa the 2Ath day cY Smary, 1946; That gelddecadent at the of hie death ownedseized oY joint tegeacy with Am ly Seat., hie wife. in the real estate avert a described as folwit:Mertgega executed by Herb esb Ce ka awd Marie Oeie wif datod 8ov. 16, 1943, reeordnd 8ov. 18, 1943, 1a 01. 508 of Me .9, pages 1=inne o Country Decorda;ehich was acquired by instrument recorded fallowa: a of Mtge. gaga. 123-124. That meld ..tat. wee subject to sa iaha tame tv has been duly paid; Ind that arh joint tenancy of said Ored J z il eetate mortgage herelabeYare described is terminated. Court goat. STAID of WImaCMSIB 6B. Outagamia Ca¢aty ) I, $vsosl J. Marling, a stte of Wisconsin, do hex c in the Matter of the Sa Tana has been by me persons. .ompa by I" to be 3a my d9; and whole thereof. NO. ffi TDSTDQOMY W8gHH0H', I, Oscar J. Bahhmiege, DI t STIM08y WF=30P, I bave reenko sat my band'aad a3£txed the seal of t County Ceurt ty adeq a£oJvnay�1946APPletoa, is a OvnntF. this Occa Court Seal) - Mun�alJhdge, Acting County Judge of ord this 12th day of at S:38 o'aloak A, M. said Cavat, ' have signed these preeeate and afFiaed the zeal the Canrt hereto. at the city of Appleton said County, this 11Lh day of June. 1946. 08G2.8 J. SOHIdZHGH eipal Jadga Acting Comky Sndge. or in Probate wad. Clark of the Caomty C a of Outagemia Country, is khe it ' that th9 annexed copy e4 Cerki£Seetre of iaation of JOSab Tenancy �. Heal Estate Mortgage of Fred 7eatz, Deoeaa .th the original new vn P11e and of record ia'� id Court, and required said Dopy is a true copy and transcript of m rigiaal sad of the (duo. 8, ye.ng, Register Of Dead.. R HI S 0 7. Tt T I O S Dec. 80. 135948 WBHHFLS a, petition heretofore be.. been duly filed with the City Clerk. City of Oshkosh, regne.tiag the vacating of Say 60rs.t betaeea Marion Street and the extended H317 line of Lot 18 - 813c 9 Western Addition - let Word - City of O.Mmoub, end 19UMUS said petition hez been referred to the proper boards and officer. of the City of O.bkodh, -- for verifieatiaa. eufficieacy, and other mCeaeary gotten there0a, and WBHB=S the necessary legal procedure including posting oY notices and holding a pablio hearing, required to be taken by the City of Oshkeeh.. has bean Only taken and the Co.. Coonadl, bnviag been fully adviged as to the advisability of the granting the regneet ooat.iaod in said petition. NOW TRHLwanww 8H IT PMOLVM by the Co®on Connell of.theCity of Osbkoah, Wisconsin, that the Yollowi described partioa of Joy Street be and it is hereby vacated: Soy Street between Marion Street and the emtgadad Rffiy line of Lot 1S - 2131. 6 - Western Addition - let City of Oabkoah. Winnebago Cucuty, Wisconsin. , HD IT FOHTSHR BgSOLvem that ouch vacatim of said portion of said street is greeted aabjnct to all rigb of the city of Oghl .b, to maiatoie, repeix —d replace any and all water or newer me.iaa or other umdergr. structures in said street, and the right to maintain, repstr or replace such mmina and other undergroung structures forever, or as long as may be necessary, is hereby reserved to the City of Oehbndh_ STATe OF WISCONSI8) . WI8B8BA90 OCOBTY 3)]SS. CITY OF 068QAS8 I, Roger Mies, city Clark of the City of Oshkosh, Wi.ngabega Occnty. Yfigconaia. do hereby certify that I have compared the annexed resolution with the original inatrgmant mw en file in my office, and that the eema to a true ;copy, and a ".t transcript of said inetromeat. EXhibit o 6.e Ward -