HomeMy WebLinkAboutPartical Release of Recorded Easement 12-2580-0801, 12-2580-0701, 12-2580-0100 r
RE EIVED
MAR 2 6 2021 PARTIAL RELEASE OF 8 Tx:4512309 7
RECORDED EASEMENT DOC# 1846041
Document,N gsbcr Document Title NATALIE STROHMEYER
l�I II K'S OFI-ICE REGISTER OF DEEDS
-��...._ WINNEBAGO COUNTY, WI
The CITY OF OSHKOSH,215 Church Avenue, Oshkosh, RECORDED ON:
Wisconsin 54901, a Wisconsin municipal corporation(CITY), 03/19/2021 10:06 AM
herein takes the following action regarding its interests in RECORDING FEE: 30.00
certain real property as identified below PAGES: 8
1. The City has an interest in certain Property more particularly Recording Area
described as follows: Name and Return Address
City Attorney's Office
The West Thirty(30)feet of the South West'A of the SOUTH PO sox 1130
Oshkosh,WI 54903-1130
WEST '/4 of Section Two(2), Township Eighteen(18)North, of
Range Sixteen(16)East, except the South Six Hundred Seventy- 91225800801,91225800701,
four(674) feet thereof, also the West Thirty(30)feet of the North 91225800100
West 'A-of the SOUTH WEST'A of Section Two (2),Township Parcel Identification Number (PIN)
Eighteen(18)North, of Range Sixteen(16)East,
except the North Nine Hundred Ninety(990)feet thereof,all in
the City of Oshkosh, Winnebago County, Wisconsin.
and
The West Twenty(20)feet of the South West'/4 of the SOUTH WEST 'A of Section
Two (2), Township Eighteen(18)North, Range Sixteen(16)East, except the South
Six Hundred Seventy-four(674)feet thereof, also the West Twenty(20)feet of the
North West '/4 of the SOUTH WEST 'At of Section Two(2), Township Eighteen(18)
North, of Range Sixteen(16) East, except the North Nine Hundred Ninety(990)feet
thereof, all in the City of Oshkosh, Winnebago County, Wisconsin.
2. The City's interest arises pursuant to an Easement granted to the City over and through the
Property. The Easement agreement is dated September 17, 1976, and was recorded with the
Winnebago County Register of Deeds on November 12, 1976, as Document Number 486778.
3. A copy of the recorded Easement agreement is attached and incorporated as Exhibit A. The
Easement agreement includes both a Permanent Easement and a Construction Easement.
4. The City of Oshkosh releases all right,title, and interest in the Property arising under the recorded
Easement agreement identified as Permanent and Construction Easements,EXCEPT and excluding
from this Release the following property, currently having an tax Parcel Identification Number of
91225800100, in which the City retains its Permanent and Construction Easement rights described
in the recorded Easement agreement:
West Thirty(30)feet of the North West ' -of the SOUTH WEST 'A of Section
Two (2),Township Eighteen(18)North, of Range Sixteen(16)East,except the
North Nine Hundred Ninety(990)feet thereof, all in the City of Oshkosh, Winnebago
County, Wisconsin.
and
1
March 02, 2021Stti
West Thirty(30)feet of the North West '/4-of the SOUTH WEST'/4 of Section
Two(2),Township Eighteen(18)North, of Range Sixteen(16)East, except the
North Nine Hundred Ninety(990)feet thereof, all in the City of Oshkosh, Winnebago
County, Wisconsin.
Both the Permanent Easement and Construction Easement are partially released through this
document. The City does not release the Permanent Easement and Construction Easement in the
property described in this paragraph number 4. A copy of a map identifying that part of the
Easement to be released or not released is attached and incorporated as Exhibit B.
5. For those parts of the Easement that are released,the City abandons as-is, and releases all right,
title, and interest in any and all of its City utilities and facilities that remain within the Easement
that is being released. The Property owner may use or remove any remaining utilities or facilities
that have been abandoned, or undertake any other lawful action within the released Easement, all at
property owner's own risk. This release does not affect any other easement,agreement, property
right, obligation, or encumbrance.
CITY OF OSHKOSH
By: a-- By:
rk A. Rohloff,City Manager Pamela R.Ubrig, City erk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this C8' day of Qn h , 2021, 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. _
N tary Public, State of Wisconsin . -
My Commission expires: I 5jaoa
Drafted by:
David J.Praska,Deputy City Attorney
Oshkosh, Wisconsin
2
March 02, 2021
EASEMENT
s
THIS INDENTORE, made this 1?7}day of SF/'TE81 i3c:(, 1976, by and
between JOSEPH SAWICKI. of a121 Vinland Road, Oshkosh. Wisconsin 54901, hereinafter
referred to as "Grantor", and the CITY OF OSHKOSH, a municipal corporation located
.p
!, in Winnebago County, State of Wisconsin, hereinafter referred to as "Grantee",
WITNESSETH:
IN CONSIDERATION of the sum of One Dollar (S1.00) and other good and
valuable consideration paid by Grantee, the receipt of which is hereby acknowledged,
the Grantor does hereby give and grant unto the Grantee, its successors and assigns,
; an easement in, under and over the land hereinafter described including the right
to enter upon said land for the purpose of constructing, maintaining, repairing,
and operating thereon a sanitary force main to serve the sanitary landfill, over
and through and upon that certain tract of land situated in the Town of Oshkosh,
Winnebago County, State of Wisconsin, and more fully described as follows:
CONSTRUCTION EASEMENT:
The West Thirty (30) feet of the South West 1/4 of the SOUTH
WEST 1/4 of Section Two (2), Township Eighteen (18) North, of
Range Sixteen (16) East, except the South Six Hundred Seventy-
four (674) feet thereof, also the West Thirty (30) feet of the
North West 1/4 of the SOUTH WEST 1/4 of Section Two (2), Town-
ship Eighteen (78) North, of Range Sixteen (16) East, except
the North Nine Wundred Ninety (99D) feet thereof, ail in the
Town of Oshkosh.
PERMANENT EASEMENT:
The West Twenty (20) feet of the South Vest 1/4 of the SOUTH
WEST 1/4 of Section Two (2), Township Eighteen (18) North, of
Range Sixteen (16) East, except the South Six Hundred Seventy-
four (674) feet thereof, also the West Twenty (20) feet of the
North West 1/4 of the SOUTH WEST.1/4 of Section Two (2), Town-
ship Eighteen (18) North, of Range Sixteen (16) East, except
•
the North Nine Hundred Ninety (990) feet thereof, all in the
Town of Oshkosh.
Upon exercising any of the rights herein granted, Grantee shall cause
the property, soil and grass to be repaired and replaced in a condition similar
1 to its condition immediately prior thereto and Grantee obligates.itself to pay to
Grantor, its successors and assigns, all actual damages caused by reason of the
installation, operation, repair or removal of said sanitary force main through
said property.
EXHIBIT A(1 of 4)
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IT IS FURTHER MUTUALLY AGREED that no building, tree or other
substantial or permanent structure shall be placed upon said property by the
Grantor.
The Grantee hereby releases the Grantor from all debts, claims,
demands, damages, actions and causes of action whatsoever which may result
from said easement heretofore granted by Grantor and further agrees to hold
II' the Grantor free and harmless from any claim for damages which may be made by
reasoi of damages or injury to persons or property connected therewith.
IN WITNESS WHEREOF, said Grantor has hereunto set his hand and
seal the day and year'first above written.
In the presence of:
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!iCOS£P�tj�SAWICKI - Grantori a
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STATE OF WISCONSIN)
WINNEBAGO COUNTY) ss.
Personally came before me this 1 0 d of, l�
�Y w 1975,-•the
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above named JOSEPH SAWICKI to me known to be the �::.?_•.E',:'_:
person whaeK$g)lted.,P1•2%.,:
foregoing instrument and acknowledged same
. �: `,�, ;•.,:`
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Win eba�Q anty, State off,Wiscoi�si»:=-'
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THIS INSTRUMENT DRAFTED BY
JOHN W. PENCE, ATTORNEY.
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EXHIBIT A (2 of 4)
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