HomeMy WebLinkAbout03-34.docFEBRUARY 11, 2003 03-34 RESOLUTION
(CARRIED 7-0
LOST LAID OVER WITHDRAWN
PURPOSE:
ACCEPT EASEMENTS:
(A) JOSSLYN STREET
(B) SAWYER CREEK PEDESTRIAN TRAIL / WEST LEG
INITIATED BY:
(A) DEPARTMENT OF PUBLIC WORKS
(B) DEPARTMENT OF COMMUNITY DEVELOPMENT
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
proper City officials are hereby authorized and directed to accept the following
easements, and to execute any and all documents necessary for purposes of same.
A) Josslyn Street
3 Permanent Easements for drainage purposes on the west side of
Josslyn Street on property owned by Catholic High School, 1100 Witzel
Avenue, as described in the attached "Exhibit A".
A Permanent Easement for drainage purposes on the west side of Josslyn
Street on property owned by Associated Bank, 444 N. Sawyer Street, as
described in the attached "Exhibit B".
B) Sawyer Creek Pedestrian Trail / West Leq
A Flooding Waiver/Easement, at the request of the Wisconsin Department of
Natural Resources, on the west leg of the proposed Sawyer Creek Pedestrian
Trail, per the attached "Exhibit C", from Thomas N. Rusch.
Easement
OSHKf)$H CATHOLIC HIGH $CHOOL~
OSHKOSH, a ~ ~ l~tM
~ ~NS~0N of ~e ~of ~ Do~
g~ ~ ~ ~d~ ~d by
~ ~owl~ ~ ~ ~ h=eb
"EXHIBIT A"
STATE OF WISCONSIN)
) ss. ·
WINNEBAGO Cotyi, rry)
-- .-- ~.o~..ls i~oard Pre~tdeat, to m~ known to b~ th~!~'i~nz who ~xe~uted the foregoing inarument and
'3A¥ 93Zll/~ ~ ~
N~9[,gL6gS ,09'0r9 --~ --~'~--
Easement
Do~am~nt Title
THIS IlqDE~TLrR~, made ~ day of ,2002, b~
ASSOCIATED BA_NK~ Grantor, and the CITY OF OSHKOSH, a municipa
corporation, located in W~mebego County, Wisconsin, Cnantee,
W1TNESSETH:
IN CONSIDERATION of thc sum of One Dollar ($1.00) and ~orm.~ ne.
other good and valuable consideration paid by the Grantee, the receipt of w,.~ .aa a~,. haan,
which is hereby acl~owledged, the Grantor do~s hereby give and grant unto
the Grantee, its successors and assigns, an easement in, under, over, and
across the land hereinafter described, including the right to enter upon said
land for the p~ of construction, msinmining, and repairing a storm sewer
upon certain tracts of land situated in the City of Oshkosh, WinneBago
County, Wisconsin, and descaSbed ~s follows:
Part 9ftbeNE 1/4 of thc NE I/4 of Section 22. Township lg North, Range 16 East, in tbe
16th Ward, City of Oshkosh, Winnebago County, W~ commencing at tho southwest
comer of Rush Avenue and $osslyn S~:eet; thence S. 00o03'23" E., 150.00 feet along the
west line of ~osslyn Street to the ~uc point of beginning;, thence lq. 89o40!51" W., 15.00 feet;
thence N. 00°03 '23" W., 15.00 feet; thence S. 89~40'51" E., 15.00 fe~t to the west line of
Josslyn Street; thence S. 00~03'25'' E., 15.00 feet along tho west line of Josslyn Street to
the true point of beghming; Said pan:el contains approximately 225 square feet.
"EXHIBIT B"
Upon exercising any of the rights h~.in granted, Grantee shall cause the property, soil and grass to be
repaired and replaced in a.condition similar to its condition inunediately prior thereto, and obligates itself to pay to
Grantor, it succ~sors mad ~ssigns, all actual damages caused by repair, installation, opera~c0a, ca-removal of said storm
sewer in, under, over and across said property.
IT IS FURTHE~ MUTUALLY AGREED that no building or other substantial or l~-manent structure shall
be placed upon said property by the Grantor.
Thc Gxantee releases the Grantor from all debts, claims, demands, damages, actions and causes of action
whatsoever wh/ch may result from said easement heretofore granted by Cnmntor, and further agrees to hold the Gramor
free and harmless from any claim for damages which may be made by reason of damages or injury to persons or
property cormeeted therewith.
IN WITNESS WH~KEOF, said Grantor has heretmto set its hand and seal the day and yem- first above
vaittom
STATE OF WISCONSIN)
WINNEBAGO COUNTY)
Personaily came before me this ~ day of ~'~ ~_t-~e~ .2002, the above named MO~e Dempsey, President
of Associated Banlq to me known to be such persons and o~cer who ~xeeuted the foregoing inslxumant a~d
acknowledged that be executed ~~~in cents/ned.
Notary Public, Wgmeba~? Cqunty, WI
My Commission: · ~[ I,~ I tgZ
.'iS NAqSSOI"
.o~,
~.~o.oos
,00'0£
,A
Z
_<~
'IS ~I3A/~VS 'N
"EXHIBIT C"
Flooding Waiver
WHEREAS, the undersigned, Thomas N. Rusch is the owner of certain land located
near Sawyer Creek, a waterway, where the same flows through part of the NE 1/4 of~
1/4 Section 29~ Town~hjp. 18_Nort~,..l~a~_ge. j_.6.Ea~t,.C.?u~ty of Winneb~_go_; and
WHEREAS, the City of Oshkosh has proposed the construction of a pedestrian bridge
over Sawyer Creek; and
WHEREAS, the State of Wisconsin, Department of Natural Resources, has determined
that the regional flood elevation at the grantor's property is 79i.t7 feet and that the
backwater resulting from the proposed construction of the pedestrian bridge will
constitute an increase in the regional flood elevation of approximately 0.06 feet at the
grantor's property, which is 0.051 feet in excess of the acceptable maximum permitted
in the absence of appropriate legal arrangements under Chapter NR 1~6 of the
Wisconsin Administrative Code; and
WHEREAS, the Department of Natural Resources has indicated that if affected
landowners will grant to the City of Oshkosh flooding waivers or flooding easements,
that the plans for the placement of the proposed pedestrian bddge would be approved.
NOW, THEREFORE, in consideration of $1.00 (One Dollar) and other good and
valuable consideration, the receipt and sufficiency of which is acknowledged, the
undersigned landowner(s) does (do) hereby grant to the City of Oshkosh flooding rights
to permit surface water resulting from the construction of a pedestrian bridge across
Sawyer Creek at the location described herein to go upon the property of the grantor
described should the same become necessary to accommodate any backwater
resulting from the construction of the pedestrian bridge. This flowage waiver is granted
as a covenant running with the land and shall be binding upon the grantor's heirs,
successor's and assigns. Said increase in backwater shall be included on official
floodplain maps for Sawyer Creek as part of the regional floodplain when the existing
floodplain zoning ordinance is amended.
Dated this. %/,~
l'homas N." ~ ' "RuscH'
STATE OF WISCONSI~
WINNEBAGO COUNTY
3~ n u a.2ry, 2003.
)
)ss.
)
Personally came before me this c~_~ day of ~~ , 2003, the above-named to me known to
be the person(s) who executed the foregoing ~strument End acknowledged the same.
Notary Public, Winnebago Co., WI
My Commission: //- /~ -~--