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HomeMy WebLinkAbout03-392 SEPTEMBER 23, 2003 03-392 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN PURPOSE: ACCEPT EASEMENT FOR RECREATIONAL TRAIL I 3195 SAWYER CREEK DRIVE INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: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 an easement from Paul and Nancy Sobralski at 3195 Sawyer Creek Drive for construction of a bridge on the west leg of the Sawyer Creek Pedestrian Trail, as described in the attached "Exhibit A", and to execute any and all documents necessary for purposes of same. "EXHIBIT A" ~ Easement Document Number Document Title THIS INDENTURE, made this $ day of ~£ , 2003, by PAUL SOBRALSKI AND NANCY SOBRAL , Grantors, and the CITY OF OSHKOSH, a Wisconsin Municipal Corporation, 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 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 construction, maintaining, and repairing a recreational trail upon certain tracts of land situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: Re<ording Area Name and Return Addres. City Attorney's Office Oshkosh WI 54903-1130 Parcel Identification Number (pIN) Part of Lot 56, SECOND ADDITION TO THE MEADOWS ON SAWYER CREEK, City of Oshkosh, Winnebago County, Wisconsin described as follows: Conunencing at the most Northerly comer of said Lot 56; thence along the northerly line of said Lot 56, South 59 degrees 38 minutes 54 seconds West, 137,25 feet; thence along the west line of said Lot 56, South 00 degrees 22 minutes 36 seconds East, 8.66 feet to the point of beginning; thence continuing along the west line of said Lot 56, South 00 degrees 22 minutes 36 seconds East, 16 feet more or less to the waters edge of the northerly shore line of Sawyer Creek; thence in a southeasterly direction along the northerly shore line of Sawyer Creek, 18 feet more or less; thence North 09 degrees 21 minutes 30 seconds East, 36 feet more or less to a point that is North 59 degrees 38 minutes 54 seconds East, 27.00 feet ftom the point of beginning; thence South 59 degrees 38 minutes 54 seconds West, 27.00 feet to the point of beginning, containing 520 square feet more or less. 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 obligates itself to pay to Grantor, its successors and assigns, all actual damages caused by repair, installation, operation, repair or removal of said recreational trail through said property. IT IS FURTHER MUTUALLY AGREED that no building or other substantial or permanent structure shall be placed upon said property, and Grantor shall keep the premises completely free of all obstructions, The Grantee 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 hannless 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 and seal the day and year first above written. £1 ~ jJ.k PA' L SOB LSKI ~ SMk' NAN Y SO LSKI ACKNOWLEDGMENT I STATE OF WISCONSIN) REFERENCE MAP Part of Lot 56, SECOND ADDITION TO THE MEADOWS ON SAWYER CREEK, City of Oshkosh, Winnebago County, Wisconsin For: City of Oshkosh ~ t $001. I" - 30' " /'j). Martenson & Eisele, Inc, t!!!7 PI...mg-5.""""'-En,",,""'g-A«hi"- ""Am.ri.~c...rt,N......WI "", Pb=. ('20)731-0381 F" "'20)733-8578 PROJECT NO, Flao BOOK PAGE: FILE 221902",'4 SH<IT 1 OF 1 221-902 ~,mu".~..d"¡.,'"m Info@m~""""""',..m ~ ð ~ ~ ~ l 1 i ì i i ì l \ . "'------ SAWYER CREEK DRIVE "'" ',""'m,,' ... d..n,d by' MAStrob.,