HomeMy WebLinkAboutRelease of Recorded Easement 018005101 •
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:RELEASE OF 86 Tx8:451230949
REC (VED
RECO DED EASEMENT DOC# 1846043
NATALIE STROHMEYER
DocumentNumbjAR b 2021 Document Title REGISTER OF DEEDS
WINNEBAGO COUNTY,WI
��� pew gsi SCE RECORDED ON:06
The } ,215 Church Avenue, Oshkosh, 03/19/2021 10:06 AM
Wisconsin 54901, a Wisconsin municipal corporation(CITY), RECORDING FEE: 30.00
herein takes the following action regarding its interests in PAGES: 11
certain real property as identified below
1. The City has an interest in certain Property more particularly Recording Area
described as follows: Name and Return Address
City Attorney's Office
PO Box 1130
The West Thirty(30)feet of the North Five Hundred Seventy- Oshkosh,WI 54903-1130
four(574)feet of the South Six Hundred Seventy-four(674)feet
of the South West '4 of the SOUTH WEST'/4 of Section Two 018005101
(2),Township Eighteen (18)North, Range Sixteen (16)East, in Parcel Identification Number (PIN)
the Town of Oshkosh, Winnebago County, Wisconsin.
and
The West Twenty(20)feet of the North Five Hundred Seventy-four(574)feet
of the South Six Hundred Seventy-four(674) feet of the South West'A of the
SOUTH WEST'A of Section Two (2), Township Eighteen(18)North, Range
Sixteen(16)East, in the Town 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 was granted by two(2) Easement agreements. One agreement is dated
July 19, 1976, and recorded with the Winnebago County Register of Deeds on November 12, 1976,
as Document Number 486776. The second agreement is dated September 17, 1976, and recorded
with the Winnebago County Register of Deeds on November 12, 1976, as Document Number
486777. Both Easement agreements identify the same Easement Property and contain the same
allowed use and terms.
3. Copies of the recorded Easement agreements are attached and incorporated as Exhibit A. The
Easement agreements include 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 agreements identified as Permanent and Construction Easements. 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. A copy of a map identifying the
released Easement is attached and incorporated as Exhibit B.
SIGNATURES ON FOLLOWING PAGE
1
March 03, 2021 ��/
CITY OF OSHKOSH
By: �---- By: �.� (1
1
Mar A. Rohloff, City Manager Pamela R.Ubrig,City Cl rk
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before me this g day of mock) , 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.
Notary Public, State of 'isco sin
My Commission expires: i 1� 15I Uat-1-
Drafted by:
David J. Praska,Deputy City Attorney
Oshkosh,Wisconsin
2
March 03, 2021
Image
Image:486776 Page 1 of 4
EASEMENT
THIS INDENTURE. made this 19th day of July , 1976, by
and between MEDALIST INDUSTFIES, INC., a Wisconsin 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",
WITNESSETH:
IN CONSIDERATION of the sum of One Dollar {$1.00) 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
1 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 North Five Hundred Seventy-
Four (574) feet of the South Six Hundred Seventy-four (674)
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, Town of Oshkosh.
PERMANENT EASEMENT:
The West Twenty (20) feet of the North Five Hundred Seventy-
four (574) feet of the South Six Hundred Seventy-four (674)
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, Town of Oshkosh.
Upon exercising any of the rights herein granted, Grantee shall cause
Ethe property, soil and grass to be repaired and replaced in a condition similar
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 8)
00 Im.y�
Image:485776 Page 2 of 4
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
the Grantor free and harmless from any claim for damages which may be made by
reason of damages or injury to persons or property connected therewith.
IN WITNESS WHEREOF, said Grantor has hereunto set its hand arad.Se�T :, •.•
the day and year first above written.
In the presence of- MEDALIST INDUSTRIES, INC. GCano7�,:oz ;;
/! iGt•r Cf. C7h-a-«r_.h , By:
444e •�'J,;:....:::,•.'.'
1
STATE OF WISCONSIN)
41/4444P,!'E6 ) ss.
WINNEBAGO COUNTY)
Personally came before me this 19th day of JUly , 1976, the
above named 1Z, A. Perkins its President • , and
Richard J. McGinn , its Secretary , for MEDALIST
INDUSTRIES, INC. to me known to be the persons who executed the foregoing instrument
and acknowledged same.
NOTARY PUB IC
W-nne County, State of Wisconsin
My commission
THIS INSTRUMENT DRAFTED BY
JOl1N W. PENCE, ATTORNEY. s,' .• ��'L7' .::C;_
- 2 -
EXHIBIT A (2 of 8)
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EXHIBIT A(3 of 8)
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Register's office '
Winnebago County, Wis.,
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EXHIBIT A (4 of 8)
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EASEMENT4 .
1 THIS INDENTURE, made this /l`day efs efrtrn_j, 1976a by and
1 between JOSEPH SAWICKI of 3121 Vinland Road, Oshkosh, Wisconsin, as
vendor unaer a Land Contract from Joseph Sawicki to Medalist Industries,
1 '
Inc. dated July 10, 1969, recorded Winnebago County Registry in Vol.
1247, Page 268 as Document ;386260, 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,"
j WITNESSETH:
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good
II and valuable Consideration paid by Grantee, the receipt of which is
hereby acknowledged, the Grantor does hereby give and grant unto
the Grantee, his successors and assigns, and easement in, under
and over the land hereinafter described including the right to
1 enter upon said land for the purpose of constructing, maintaining,
.1 repairing, and operating thereon a sanitary force main to serve the
' sanitary landfill, over and through and upon that certain tract of
land, presently known as the "Medalist Industries Property," situated
in the Town of Oshkosh, Winnebago County, State of Wisconsin, and more
fully described as follows:
CONSTRUCTION EASEMENT:
The Nest Thirty (30) feet of the North Five Hundred Seventy-
Four (574) feet of the South Six Hundred Seventy-four (674)
feet of the South West 1/4 of the SOUTH WEST 1/4 of Section
Two (2), Township Eighteen (19) Worth, of-Range Sixteen (16)
East, Town of Oshkosh.
PERMANENT EASEMENT:
The West Twenty (20) feet of the North Five Hundred Seventy-
four (574) feet of the South Six Hundred Seventy-four (674)
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, 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 to its condition immediately prior thereto and
Grantee obligates itself to pay to Grantor, his 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(5 of 8)
Imaga
Image:486777 Page 2 of 4
IT IS FURTHER MU ALLY 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
it
result from said easement heretofore granted by Grantor and further
agrees to hold the Grantor free and harmless from any claim for damages
i
which may be made by reason of damages or injury to persons or property
connected therewith.
IN WITNESS WHEREOF, said Grantor has hereunto set his hand and
s seal the day and year first above written.
l�
I In the'presence of:
By: ` .St
-t
1�7OS ✓i//SAWICKI, Grantor
•
STATE OF wlscoNSIAT)
ss.
'47INasBAGO COUNTY }
Personally came before me this t7 day of �,LE�, , 1976,
the above named JOSEPH SAWICKI to me known to be the person who executed
the foregoing instrument and aoknow ed same.
4A?3Y5 NOT Y Pa LIC/
in ebaga otfnt�, State of Wisconsin
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THIS INSTRUMENT DRAFTED BY
•JOHN W. PENCE, ATTORNEY.
1
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EXHIBIT A (6 of 8)
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EXHIBIT A (7 of 8)
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4867'� t1
Register.o Office
Winnebago County, Wis.
Recei e1for record
L fw �? Day of
D. /9 ? at
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ot�utiY na't:u fLr.,
Register of Deeds
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EXHIBIT A (8 of 8)
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0 PID 016005101 �e WEST 20 F.OF NORTH 574 FT. I-u. _
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0 * OF SW 1/4 OF SW1/4 Z� D
SEC 2,T18N-R16E
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Sec 11, T18N-R16E
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cn CITY OF OSHKOSH SANITARY SEWER FORCE MAIN
ENGINEERING DIVISION
- FILE NAME: DRAWN: EASEMENT RELEASES
Sanitary`H `m`°` SW 1/4 OF SW 1/4, SEC. 2-T18N-R16E
9.18-2020
Rel00 0]WSWa.ang
w GRAPHIC 0 20 40
SCALE:(IN FEET) DOC # 486776, 486777 & 486778
1 INCH-40 FEET
EXHIBIT B (1 of 1)