HomeMy WebLinkAbout03-93.docAPRIL 8, 2003 03-93 RESOLUTION
(CARRIED
LOST LAID OVER WITHDRAWN
PURPOSE:
ACCEPT EASEMENTS:
(A) UTILITY/SEWER- 474 MARION ROAD
(B) SIDEWALK-482 MARION ROAD
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
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 from Oshkosh Wood Products, Inc. and to execute any and all documents
necessary for purposes of same.
A) 4?4 Marion Road: sidewalk easement per the attached "Exhibit A".
B) 482 Marion Road: utility/sewer easement per the attached "Exhibit B".
'fHISINDENTUF,~,madethis~-~' dayof ~,~,,,~/,~d~C/' ,2003,
IN CONSIDERATION of the sum of One Dollar ($1.00) and other
"EXHIBIT
AII
A part of Lots 18 and 19 of Western Addition, Block E and pm't of vacated Hancock Avenue. all in the
First Ward, City of Oshkosh, Winnebago County, Wisconsin de,scribed as follows:
Commencing at the southeasterly comer of said Lot 18: thence S. 64003, 10" E.. [9.00 feet along
the northeasterly line of Marion Road; thence N. 30°59'45" E.. 132.21 feet to the centarline of
vacated Hancock Avenue; thence N. 52°03'42' W.. 24.08 feet along the centefline of vacated
Hancock Avenue; thence S. 30°59'45' W.. 137.23 feet to the northeasterly line of Marinn Road;
thance S. 64o03'10'' E., 5.00 feet along the northeas*eriy Line of Marion Road to the point of beginning.
Said parcel contains approximately 3,220.72 sq. ft. or 0.0739 acres. (474 Marion Road)
Upon cxcrmsmg any of tho rights heroin g~nted, Grantee shall cause the property, soil. and grass to be
repmred and replaced in a condition similar to its condition inanediately prior thereto, including the installation of sod.
m~d obligates itself to pay to Grantor, it successors and asmgns, all actual damages caused by repair, installation.
operation, repmr or removal of said sam~m'y sewer through said property.
iT IS FURTHER MUTUALLY AGP, EED that no building or other substantial or permanent structure shall
be placed upon said property by the Grmator.
The Cu-antee releases the Grmator fi'om all deb[s, claims, demands, damages, actions and causes of action
whatsoever which may result from said easement heretofore granted by Grantor, aud fur[her a~ees to hold the Grantor
free and harmless fi'om any claim for damages which may be mada by reason of damages or injury m persons or
property connected therewilh.
IN WITNESS WHEREOF, said Grantor has hereunto set x~s hand and seal the day and year first above
OSHKOSH WOOD PRODUCTS,
(Name & Title.
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY)
personally came before me th~s ~)~ dayof
& title) ~d (nme & title, of Oshkosh Wood Produc~, Inc., to me ~own
th be such persons and o~cers w~o executed ~e f~going ~F~ment ~d ~o~l~ged ~at ~ey exeeut~ the
s~e ~ such officers by its au~ority, for ~ffse t he~t ~n~
My Contigen:
31ty Attorney, O~hkoah, WI 54903-II30
"EXHIBIT A"
C ont ' d
o~O
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THIS INDENTURE, made this ~ ~/ day of r~TBe~,~¢~'Y · 2003,
WITNESSETH:
IN CONSIDE1L4.TION of the sum of One Dollhr ($1.00) and other
good and valuable consideration paid by the Grantee, the receipt of which
is hereby acknowledged, the Grantor does hereby give and grant unto
the Grantee. its suceesanl'S and assigns, an easement in, under and over
the land hereinafter described, including the right to enter upon said land for
the purpose of the cons~rucuon, mmnrenance, and repair of sidewalk upon
cerrmn u'aets of land situated tn the City of Oshkosh, Winnebago Count,
Wtseol~sin. and described as t'ollows:
"EXHIBIT
01-0236~0000
A parcal of land being part of the SE ,, of the NE ¼ of Section 23, T18N, Ri6E, 1" Ward, City of Oshkost
Winnebago County, Wisconsin, containing approximataly 177.4 square feet of land and being described
as follows:
Commencing at the northeastarly corner of Marmn Road and Dawes Street. the true point of begimtmg;
thence S 62"2 ·
7 06 E 60.80 feet along the northerly ae of Manet Road: thence N 56°51'54" W 59.9,1 feet
[o a point on the ans~erly line of Dawes 8treegthence $ 38°40 '48" W 5.95 feet ale ~g smd' easterly line of
Dawes Street to the rote gotht of beg~rmmg.
Bearings are referenced to the northeasterly line of Block G, Western Addition - assumed bearing
°fN 51°20'00" W. (482 Mm'ion Road)
Upon exercising any of the rights herein grained, Grantee shall cause the property, soil and grass to be
repan-ed and replaced in a eondi6on mnfilar to as condition immediately prior thereto, including the installation of sod,
and obligates itself to pay to Grantor, it successors and asmgns, ali actual damages caused by repair, thstallatior.
operation, repair m' remc~val of said sidewalk upon and through said property.
[T 1S FURTHER MUTUALLY AGILEED that no building or other subalanfal or permanent structure shall
be placed upon said property by the Grantor
The Grantee releases the Grantor from all debts, claims, demands, damages, actions and causes of action
whatsoever which, may result from said casement heretofore granted by Grantor, and further agrees to hold the Grantor
free and harmless from any claim for dmnages which may be made by reason of damages or injury to persons or
property co,mooted tllerewith.
13I WITNESS Vv2-1EREOF, said Grantor l~as herem~to set as hand and seal the day and year first above
written.
OSHKOSH WOOD PRODUCTS, INC.
pf~e, Nan~e & Title)
STARE OF WISCONS/N)
) SS.
WINNEBAGO COUNTY)
Pers°naliY came before me thts ~ '7~ dayof
& title) and 0mine & title) of Oshkosh Wood Products, Inc., to me known
to be suet persons and officet~ who executed the foregoing mstrgm~! and acknowledged that they executed the
same as suet officers by its authority, for fife vuO3ose there~taln~:7
C~./ -
ZryPubl~,~ehagoCounty, Wis.
My Commissi6~(.'.
EityAttomey, Oshkosh. WI 54903-1130
?o
"EXHIBIT
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o g
B" cont'd