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Home My WebLink About03-415OCTOBER 14, 2003 03-415 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN PURPOSE: ACCEPT EASEMENTS: (A) EMMERS LANE & STH 21 (B) KIRKWOOD DRIVE (C) FOX FIRE DRIVE INITIATED BY: DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION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 and to execute any and all documents necessary for purposes of same. A) Emmers Lane & STH 21; adjacent to 1100 Emmers Lane; Westowne North Properties, owner: Water main easement per the attached "Exhibit A". B) Kirkwood Drive, south of 205 Kirkwood Drive; Russel & Carol Frank, owners: Storm sewer and drainage way easement per the attached "Exhibit B". c) Fox Fire Drive, south of 250 Fox Fire Drive; Michael & Valerie Aronson, owners: Storm sewer and drainage way easement per the attached "Exhibit C". "EXHIBIT Document Number Easem en t Document Title THIS INDENTURE, made this ~-7~_ day of (., ,~¢,-~- ,2003, by WESTOWNE NORTH PROPERTIES LLC, G~antor, and the CITY OF OSHKOSH, a Wisconsin Municipal Corporation, Grantee, WlTNESSETH: 1N CONSIDERATION of the sum of One Dollar ($1.00) and other' good and valuable consideration paid by the Grantee, the receipt of which ~eeordin~ Are;' is hereby acknowledged, the Grantor does hereby give and grant unto the ~Iame and Return Addres~ Grantee, its successors and assigns, an easement in, under and over the land hereinafter described, including the right to enter upon said land for City Attorney's Office Oshkosh, WI 54903-1130 the purpose of construction, maintaining, and repairing a water main upon certain tracts of land situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: 16-2153-00-00 ]Parcel Identification Number (Pli'q) Being a water main easement situated along Emmers Lane, located in the NE 1/4 of SW 1/4 Section 16, T18N, R16E, City of Oshkosh, Winnebago County, Wisconsin, more particularly described as follows: Commencing a~ the center of said Section 16, thence South 00052, 14" East along th~ East line of the SW 1/4 of said S_ection 168.59 ft., thence North 88°50'00'' West 25.09 ft., thence South 01°11'22" East 49.28 ft., thence South 89o14'09" West 286.42 ft. to the point ofbeginulng of said easement; thence continuing South 89o14'09" West 15.00 ft. to a point on the East right-of-way line of said Emmers Lane, thence South 00°57'59" East along said right-of-way line 465.67 ft., thence south 17o13'34" East along said line 45.00 ft., thence South 29°34'41'' East along said line 98.16 ft. to a point on the North fight-of-my line of S.T.H. "2.1 ", thence North 71°51'46" East along said line 20.41 ft., thence North 29°34'41" West 133.86 ft., thence North 00o57'59" West along a lin9 . which is parallel with the East right-of-way line of Emmers Lane 471.45 ft. to the point of beginning. Said easement is subject to all existing easements and restrictions of record. Upon exemising 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 water main 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 harmless from any claim for damages which may be made by reason of damages or injury to persons .or property couneeted therewith. IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above written. WESTOWNE NORTH PROPERTIE~%LLC -- RUG-OI-~O0~ YE[ OB;~t~ AM Kfi ~nl'rll L~IIK[.~tI "EXHIBIT A" 'cont'd ' EXHIBIT S' WATERMAIN EASEMENT DE'SGRIPTION FOR WATERMAIN F._,~S~NT; BEING A WATER MAIN ~a.~EMENT SITUATED ALONG, EMMF-R$ L~NF., COMMENCING AT 7~E CENTER OF' $.AIO SECTION 16. THENCE soUTH 00'52'14' EAST ALONG THE EAST LINE OF' THE $.W, I/4, OF' THENCE SoUTH,01'I'i'22" EAST 49.28 FT., THENCE SouTH A LINE WHicH 7E pARALELL WITH, THE EAST RIGHT-O~'--WAY MNE OF BEARINGE, ARE REFERENCED TO THE' EAST LINE OF THE 1/4 OF SEC~ 15, ~BN, R16~ ASSUMED ~ Close Up View DISCLAIMER Water Main Easement a survey and it i$ not intended to be used as one, Emmers Lane and state offices and other sources affecting City of Oshkosh Wisconsin purposes only. T~, Cily of O~hkosh il not re- ~ommuntty ~evelopmem C~ofO,hko,h. 200 0 200 Feet site '"EXHIBIT A" cont'd Of HKOfH Created by- VR N 9-12-03 Easem en? Document Number Document Title THIS INDENTURE, made this ST' day of ~ Russell G. Frank and Carol R. Frank Granto~, and thc CITY OSHKOSH, a municipal corporation, located in Winnebago Wisconsin, Grantee, WlTNESSETH: IN CONSIDERATION of the.sum of One Dollar ($1.00) good and valuable consideration paid by the Grantee, the receipt of which i~[Recorain8 Area ' hereby acknowledged, the Grantor does hereby give and grant unto the Granteet[Name and Return Address its Successors and assigns, an easement in, under and over the land hereinafte~l Ci- Attorne's ~e described, including the right to enter upon said land for the purpose O41 O~osh, w[Y;47J;~30 construction, maintaining, and repairing a storm sewer and drainage way upon certain tracts of land situated in the Town of Algoma, Winnebago County, Wisconsin, and described as follows: 02-0240-16 Parcel Identification Number (PIN) The north 25 feet of the west 200 feet of the east 642 feet of the south 100 feet of the Northeast 1/4 of the Southeast 1/4, Section 20, T 18N, R16E, Town of Algoma, Winnebago County, Wisconsin, except that part used for street purposes. 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 mediately prior thereto, including the installation of sod, and obligates itself to pay to Grantor, it successors and assigns, all actual damages caused by repair, installation; operation, repair or removal of said storm sewer through said property. IT IS FLTRTH2EK MUTUALLY AGREED that no building or other substantial or permanent structure shall be placed upon said property by the Grantor. The Grantee releases thc Grantor from all debts, claims, demands, damages, actions and causes of action whatsoever which may result from said easement heretofore granted by Grantgr, and further agrees to hold the Grant~r free and harmless from any claim for damages which may be made by reason of damages or injury to per~ons or property connected therewith. · en. IN WITNESS WHEREOF, said Grantor has herennt9%set its han~d an~s~eal the day and year first above l~us~l~G. FxT~ul~ - - Carol R. Frank '~ '~- "~--' ' STATE OF WISCONSI2N-) ) ss. WINNEBAGO COUNTY) Personally came before me this ~- day of ~ ,2003, the above named Russell G. Frank and Carol IL Frank, Io me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, Winnebago County, ~i My Commission: /r/o,'~/6~,m,-~ This instrument draaed by: Lynn A. Lorenson, Asst. City Attorney Oshkosh, WI 5~903-1130 , rI ~EXHIBIT .'G~l GO0~)~¥O 'S ~ · '80 cont'd '~I0 3~1-1 XOzl L [ Easement : ! Document Number I Document Title THIS INDENTURE, made this ~l*+ day of ~a.~-oc~,.q ,2001, by Michael L. Aronson and Valerie A. Aronann, Grantor, and the CITY Ol~ OSHKOSH, a municipal eorporation, located in Winnebago County, Wisconsin, Grantee, WITNESSETH: 1N CONSIDERATiON of the sum of One Dollar ($1.00) and othel 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 lane hereinafter described, including the right to enter upon said land for the purpose of construction, maintaining, and repairing a storm sewer ant drainage way upon certain tracts of land situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: ~.ecording Area Name and Relurn Address City Attorney's Office Oshkosh, WI $4902~1130 06-5800-0000 Parcel Identification Number (PIN) A part of the Northeast 1/4 of the Southeast 1/4 of Section 20, T18N, R16E, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Lot 1 of Rolling Green Meadows Subdivision as recorded in the office of the Register of Deeds, Winnebago County Upon exemising any of the rights herein granted, Grantee shall cause the property, soil and grass to be repaired and replaced in a condition similar to its condition immediately prior thereto, including the installation of sod, and obligates itself to pay to Grantor, it successors and assigns, all actual damages caused by mpa[r, installation, operation, repair or removal of said storm sewer through said property. IT IS FURTHER MUTUALLY AGREED that no building or other substantial or permanent structure shall · be placed upon said property by the Grantor. The Grantee releases the Grantor from all debts, claims, demands, damages, actions and causes of action whatsoever which may result from said easement heretofore granted by Grantor, and further agrees to hold the Grantor free and harmless from any claim for damages which may be made by reason of damages or injury to persons or property connected therewith. IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above written, f.~ MiChael L. Aronson Valerie A. Aronson STATE OF WISCONSIN) ) SS. WINNEBAGO COUNTY) Personally eame before me this ~3[aq- dayof --~O~,~ac-c[ , 2001, the above named Michael L. Aronsonand Valerie A. Aronson, to me known to be the persons who 8x6cuted the foregoing instrument and acknowledged the Tbis instrument drafted by: Lynn A. Loren$on, Asst. City At~omey Oshkosb, WI 54903-1130 Notary Public, Winnebago Coun~ WI My Commission: ~ '"EXHIBIT C" 'G~l (]OON~>t¥O. 'S 'hi(] (]OOA~>I~I>I cont'd '~10 3W1_4, XO_-I