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HomeMy WebLinkAboutAmendment of Recorded Easement 2750 Vinland Street 8798940 Tx:4598795 AMENDMENT OF D OC# 1878192 NATALIE STROIiMEYER RECORDED EASEMENT REGISTER OF DEEDS WINNEBAGO COUNTY, WI Document Number Document Title RECORDED ON: RECEIVED03/21/2022 11:31 AM MAR 29 2022 RECORDING FEE: 30.00 PAGES: 7 1. The undersigned,2750 VINLAND,LLC,a W isco ) I C E Company, is the fee owner of certain real pro bn' hich a sanitary sewer easement was granted to the City of Oshkosh through an easement agreement dated June 12, 1981, and which was recorded with the Recording Area Winnebago County Register of Deeds on June 24, 1981, as Document Name and Return Address et4fr Number 565215.The easement agreement is attached as Exhibit A. City Attorney s Office 1 PO Box 1130 Oshkosh,WI 54903-1130 2. The City installed the sanitary pipe shortly after the easement agreement 91219970000 was recorded and has used the installed sanitary sewer pipe and the easement for its intended purpose continuously through the present. Parcel Identification Number (PIN) 3. The City and 2750 Vinland, LLC recently discovered an error in the easement's legal description based on the sanitary sewer pipe as it was originally installed is not completely within th: legal description stated in the easement agreement.. The City and 2750 Vinland,LLC seek to ensure the City's publi• sanitary sewer pipe is within the easement, and have agreed to use this document to modify the original lega description to reflect the actual long-term use of the property. 4. The parties therefore amend the original sanitary sewer easement identified in paragraph number 1,above,by adding: small, triangular shaped property that ensures the City's sanitary sewer pipe and appurtenances are well within th, easement property. The triangular piece is more particularly described as: An amendment to existing sanitary sewer easement recorded as document#565215 being part of the NW 1/4 of the NE 1/4 of Section 11,Township 18 North Range 16 East, 12th Ward,City of Oshkosh,Winnebago County,Wisconsin. A triangular area coincident with and formed by the two edges described as follows: The east line of the north 25 feet of the south 925.89 feet of the west 60 feet of the east 933.29 feet of the NW 1/4 of NE 1/4 of Section 11,T18N,R16E;TThe south line of the north 25 feet of the south 950.89 feet of the west 253.08 feet of the east 873.29 feet of the NW 1/4 of NE 1/4 of Section 11,T18N,R16E; Said area containing approximately 3,163.47 square feet or 0.0726 Acres more or less. 5. A map of the triangle addition to the easement agreement is attached as Exhibit B. 6. Although the legal description from the original easement agreement has not changed, except for the addition of the triangle area described above,subsequent surveys and other survey information has allowed a more accurate descriptio of the easement property. Therefore,after the addition of the triangle area,the easement property that is subject to th- easement agreement attached as Exhibit A, is described as A sanitary sewer easement being part of the Northwest Quarter of the Northeast Quarter of Section 11,Township 18 North,Range 16 East, in the 12th Ward, City of Oshkosh,Winnebago County,Wisconsin,bounded and described as follows: 1 C,1 May 25, 2020 Beginning at the north quarter corner of Section 11,T18N,R16E;thence N89°14'09"E, 1968.22 feet along the north line of the NE 1/4 of said Section 11,to the east line of the W 1/2 of the NE 1/4 of the NE 1/4 of said Section 11;thence S01°04'21"E,331.62 feet along said east line of the W 1/2;thence S89°10'03"W,330.00 feet;thence S01°04'36"E, 491.57 feet,thence S32°52'25"W,499.78 feet along the northwesterly Iine and its extension of Lot 1 of CSM#5275,recorded as Document No. 1257602;thence SOO°56'13"E, 82.68 feet along the west line of said Lot 1 and its extension to the south line of the NE 1/4 of the NE 1/4 of said Section 11;thence S89°10'03"W,50.00 feet along said south line to the southwest corner of the NE 1/4 of the NE 1/4 of said Section 11;thence N00°56'07"W, 330.59 feet along the west line of the NE 1/4 of the NE 1/4 of said Section 11 to the south line of the N 1/2 of the S 1/2 of the NW 1/4 of the NE 1/4 of said Section 11 and the point of beginning;thence S89°11'03"W, 1284.01 feet along said south line to the east line of Vinland Street and a point 33.00 feet east of the west line of the NE 1/4 of said Section 11; thence N00°39'16"W,30.00 feet along said east line of Vinland Street;thence N89°11'03"E, 1283.86 feet along a line parallel to the south line of the N 1/2 of the S 1/2 of the NW 1/4 of the NE 1/4 of said Section 11 to the west line of the NE 1/4 of the NE 1/4 of said Section 11; thence SOO°56'07"E,30.00 feet along said west line to the point of beginning. Said easement contains 38,518.09 square feet or 0.8842 acres. 7. In the event the legal description described in paragraph number 6,above,in advertently varies from the original legal description in the June 12, 1981 easement agreement, except for the triangle property added herein,then the legal description in the June 12, 1981 easement agreement will be considered the more accurate description. 8. All other terms and conditions of the June 12, 1981 easement agreement remain unchanged. IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above written. ' 2750 V ,L / // •' \-11RSC • By: ti r Dumke,Managing Member :Q SO :.v\oTAR -• ': STATE OF WISCONSIN ) , s'•. FUB1-\G � )ss. �T •......•.• � •, WINNEBAGO COUNTY ) •-••,F OF W1SG � 2t ', tests' Personally came before me this 2 (3Y day of / C ,2021,the above named Arthur Dumke,to me known to be such person who executed the foregoing instrument and ackno ge h same,for the purpose herein contained. zi_ Notary P If�tate of Wisconsin My Co fission expires: is- f(�^^^-41--- Drafted by: David J.Praska,Deputy City Attorney Oshkosh,Wisconsin 2 May 25, 2020 • /a/o - � 0. a2� / . h{ �• / . ■A i /i�7 (73 % A • g ..c. 6 4,3 � \§ E 2 /rV 9 „cm m ( j{ /o4.1 [/ © k )�!B-11 0 • 1I • • • . � • • Ii • . i } EXHIBIA/ o4 EASEMENT THIS INDENTURE, made this 12th day of June , 1981, by PLUSW00D INDUSTRIES, INC., 1145 Oshkosh Avenue, Oshkosh, Wisconsin Grantors, and the CITY OF OSHKOSH, a municipal corporation located in Winnebago County, Wisconsin, Grantee, WITNESSETH: IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantors do 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 sewer, over and through and upon that certain tract of land situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as • follows: The west 30 feet of the South 950.89 feet of the NE 1/4 of NE 1/4 of Section 11 TIBN, R16E; Also the north 25 feet of the south 950.89 feet of the east 933.29 feet of the NW 1/4 of NE 1/4 of Sec. 11, T18N, R16E; Also the North 25 feet of the south 925.89 feet of the west 60 feet of the east 933.29 feet of the NW 1/4 of NE 1/4 of Sec. 11, T18N, R16E; Also the north 10 feet of the south 925.89 feet of the east 60 feet of the NW 1/4 of NE 1/4 of Sec. 11, T18N, R16E, All being in the Twelfth Ward, city of Oshkosh, Winnebago County, Wisconsin. 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 Grantors, their successors and assigns, all actual damages caused by reason of the installation, operation, repair, or removal of said sanitary sewer for installation and construction of a subsequent sanitary sewer through said property. IT IS FURTHER MUTUALLY AGREED that no building, tree or other substantial or permanent structure shall be placed upon said property by the Grantors. EXHIBIT A (2 of 4) • -2- IT IS FURTHER MUTUALLY AGREED that should the Grantors desire to hook on to said sanitary sewer, their assessment shall be equal to the assessment rate effective in the City of Oshkosh on the date of the granting of this easement, which rate is 05fi per square foot or $6.00 per running foot. The Grantee hereby releases the Grantors from all debts, claims, demands, damages, actions and causes of action whatsoever which may result from said easement heretofore granted by.Grantors, and further agrees to hold the Grantors free and harmless from any claim for damages which may be made by reaeon of damages or injury to persons or property connected therewith. Should Grantors herein request the manhole casting to be lowered below ground grade, then the Grantee shall do so at no cost to Grantors. IN WITNESS WHEREOF, said Grantors have hereunto set their hands on the day and year first above written. WITNES D BY: PLUSW00D INDUSTRIES I NC. •'r1Z•7.terr1 By ,: 1 \i- ;t -1 ''Iti= JPresident ' By:fir r Secretary-Tr.�asnrer 111 IJ STATE OF WISCONSIN) ss. WINNEBAGO COUNTY) Personally came before me this)7th day of •7„nP , 1961, the above named Franz 7, Rnschwifz, its Prps4, ,-,f , and Anne Boschwitz , its Secretary-Treasurer , for • FLUSHOOD IHUuu•rn•LL"S'INC. •Iftio,l L't 'be the _vernuns who eccuted the foregoing instrument and acknowleged same. a$nus n ,. 0•r: a T� QTAR l(t +i• er. i NOTARY UBLIC •Vu►�' il< Winnebago County, State of Wisconsin =f,�'UOL1C, ,1 My Commission XdFXt4JCXSYSCXis aermandit \ HISP I" gT1NMENT DRAFTED BY :.708eeW%-i;ENCE, OSHKOSH CITY ATTORNEY • -2- EXHIBIT A(3 of 4) 1. �= s Y o w i .t's` ^ a F .4 c 6 TIyo O. W F 4 , .' N 11 u Z N W ti 12...- nG LCl O O ''U O e o rb. YK Gi u 4Nt . O w O u.i c 2 zo —a i a" ,, N w a e E °Zr U w >r .. u D. -. U . W 1 • w Z V W Q > . _ Q 1 (617 AM!-I ) .L d.LS NOSADV I zl J N b I. H W - cc m a)1 0 u. O >- o I I a . r_ - in v HSOMHSO d0 NMOS a W “1 j z ,Y9'OEE elN a I z 41 a i 4 W - a 1.-it 0 M I la J C4 M 0 F . CC . ? I.Y. _--_ ,. __ _ 086 i 'Li W zJ o o �m rc 1 . CO a a m 1 to mll i C i b3 01 m j I I • ; 1 1 I 1 EXHIBIT A(4 of 4) 1 j5 { -Viz?'S l -ttltS ?}Tt`Y ,':` ^S-?o 1 y3 '�>t'U-a ... ter+1 F J t } s y t4- x s.ra rtf .• i'v i A.,,F L t 3.h t<` -, t`*:,,y'A„'a • 1' • a e ivy tit .t° 3- 4• ;.i:3w.A.-- ,rk.!.7,5k-4' ' . ,h-.,� i'e�" ,.y. A,?.r 41,,z. g :`.'i `:e.c `T,p•. z{}:.a. r-�;,-.-,, ,...4;3. -�a 'a.``k s�s7:',' 2.'I .mot S -i Iti -yy yA - A4as-4s'3'.,° ffiR s r,+t43 - '''•4' -'4F4 ate ,.. 'F d "�'ep y. ;"t,�i s;�," ;'i` 4,�'., „t? r ••JItU n :-2 • • .n .fir-`. .� t 3t 1 4 _ rn _, . .. .., _ ti,......,_4:i .:,1,,,,,.. „..„,.,,. al 4$ !- i • 4 • .:. , 7•,. .1 • j to I r a z. ' S ki p ya _r I 34 4 41i i - � II Ai• is m • Sauth Line of South 925.89 feet • ` `• S • :li• ',7:-t . ..,_ .,;-• .i.. 1,- • 0 W l c� t @ _., o fe O n7 .". Z - . a� t44 South Line of �. t' ' w � � ; � -� I South 950.89 feet ' ' t Ir o r X-f9','i t+r i 3,3�•$� • i#� tea.,`.. .'2� 3 I, iv.: = • r 14 r` a ' 1' - '._> h•"s,. _.:rra�F-. i ::A , ' ':"r-sue,,,, sw rs 2' — ¢_ 4:4-I:'.:;;A''''':''."-&-•-' n•e•Z.--'7•1:i7:-OW-.0. •••••:?:::•Ti:7: -.:ri45:‘, 41iy2.4a•Lyg,c; ...-Z442,..k . N.05.;. ,,,,?ticklgz.,...F,1.-: 143,- "i•••'': CITY OF OSHKOSH o M ENGINEERING DIVISION FILENAME: 2760 Vinland 9t 9.mtay DRAWN: taxameat,tmmdma>LAej 06-02-2010 (n GRAPHIC 0 100 200 , SCALE:(IN FEET) z l 1 Ixcx- EXHIBIT B (l of I)