HomeMy WebLinkAbout03-460.docNOVEMBER 11, 2003 03-460 RESOLUTION
(CARRIED 7-0
LOST LAID OVER WITHDRAWN )
PURPOSE:
GRANT EASEMENTS / VARIOUS LOCATIONS - MARION ROAD/
PEARL AVENUE REDEVELOPMENT AREA
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 grant utility easements to
Wisconsin Public Service, SBC, Time Warner Cable, and US Signal at various locations
within the Marion Road/Pearl Avenue Redevelopment Project Area, as described in the
attached, and to execute any and all documents necessary for purposes of same.
t evised 7/99 tOCUMENT NUMBER
UTILITY EASEIVlBNT / CORPORATION
THIS INDENTURE, made this __ day of .,
,between City of Oshkosh , hereinafter called "Grantor" for One
and no/100 dollars ($1.00) and/or other valuable consideration to it paid by
WISCONSIN PUBLIC SERVICE CORPORATION, a Wisconsin
Corporation, its successors and assigns and SBC, Time Warner Cable, US
Signal hereinafter called "Grantee", receipt whereof is hereby acknowledged,
does hereby grant unto said Grantee, its successors and assigns, the perpetual
right, permission, authority, privilege and easement, to construct, install,
operate, maintain, remove, and replace necessary and usual appurtenant
equipment, all for the purpose of transmitting electrical energy and/or gas for
light, heat, power and signals, or for such other purpose as electric current
and/or gas is now or may hereafter be used, and for communication upon,
over, across, within and above and/or beneath certain easement areas as
shown below, or on attached Exhibit "A", on land owned by said Grantor in
the Cit~ of Oshkosh, County of Winnebago, State of Wisconsin, described as
follows, to-wit:
Recording Data
?~eturn to:
Nisconsin Public Service Corp
?~eal Estate Dept.
?.O. Box 19002
3teen Bay, WI 54307-9002
901024302and 901035301
Parcel Identification Number (PIN)
Part of that part of vacated Dawes Street, and Lots 7, 8, 9, 10, 11, 12, 13, and 14, and part of Lots 6
and 15 of Block "L" of WESTERN ADDITION, a recorded subdivision, being part of the Southeast ¼
of the Northeast ¼ and part of the Southwest ¼ of the Northeast t/~, in Section 23, Township 18 North,
Range 16 East, City of Oshkosh, Winnebago County, Wisconsin.
The easement area described as follows
A 9 feet wide easement strip lying southwesterly of and adjacent to the southwesterly right of way line
of Campus Place. Also: A 12 feet by 18 feet parcel of landing the No~laeast corner of the above
described pamel, with 12 feet being adjacent to Campus Place, and 18 feet being adjacent to Dawes
Street.
The Grantee shall have thc right to go upon thc Grantor's property outside of the easement area for the purpose
of gaining access to the easement area in the event direct access to the easement area is not possible. Grantee shall
notify the Grantor, when possible, before going upon the Grantor's property, except in the event of an emergency.
The Grantee shall refill any trenches in which said wires or gas mains are laid, promptly and properly tamp the
same and restore the surface of the ground and if the Grantee shall at any future time open said trenches for the
purpose of repairing, renewing, or removing said wires or gas mains, it will, as soon as said work is done, restore the
surface of the ground, and that all work performed by the Grantee on said land will be performed in a proper
workmanlike manner, and that during the progress of the work, the Grantee will properly safeguard said trench.
The Grantee shall have the right to control all brush and trees within the easement area by cutting, trimming,
chemically treating and/or other means as determined by the Grantee which in its judgment may interfere with or
endanger said electric, communication, or gas facilities.
The Grantor further grants to the Grantee, its successors and assigns, the perpetual right, privilege and
easement to enter UpOn said strip 6fland for the purpose 0flaying, patrolling, repairingi renewing or removing the said
facilities.
The Grantor agrees that it will not construct any improvements, including buildings, concrete structures, or
other objects, or change the grade more than four (4) inches over any gas main or senfice or electric cable, without first
securing the prior written consent of the Grantee. This agreement is to insure the cOnformance of the use of the
easement with the (Wisconsin Gas Safety Code) (Wisconsin Electrical Code) and the Grantee's construction standards.
The said Grantor further agrees that all costs incurred through the relocation of said facilities to avoid such bfffidings,
concrete structures, or other objects or to obta'm proper depth of land cover shall be borne by the Grantor.
The covenants herein conta'med shall bind the parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
WITNESS the hand and seal of the Grantor the day and year first above written.
CITY OF OSHKOSH
STATE OF )
) SS
COUNTY OF )
Personally came before me this day of ., , thc above-named _ to me known
to be the Grantor(s) who executed the foregoing instrument and acknowledged the same.
Notary Public, State of
My Commission expires:
This instrument drafted by:
IFRIS # 0010003160.
Location # Oshkosh
David T~ Petersen
WISCONSIN PUBLIC SERVICE CORPORATION
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SOALE IN
UTILITY EASEMENT EXHIBIT
PARCEL C
MARION ROAD/PEARL AVENUE e""~" ~ ~o ~o/~/~
~,.-~ REDEVELOPMENT PROJECT ~*~' 1"=100'
...~..."'~"'~'""~'. ~=. CITY OF OSHKOSH, WISCONSIN
· ,- ..... 42~807A .1
Revised 7/99
tocUMENT NUMBER
UTILITY EASEMENT / CORPORATION
THIS INDENTURE, made this day of ,
,between City of Oshkosh , hereinafter called "Grantor" for One
and nO/100 dollars ($1.00) and/or other valuable consideration to it paid by
WISCONSIN PUBLIC SERVICE CORPORATION, a Wisconsin
Corporation, its successors and assigns and SBC, Time Warner Cable, US
Signal hereinafter called "Grantee", receipt whereof is hereby acknowledged,
does hereby grant unto said Grantee, its successors and assigns, the perpetual
right, permission, authority, privilege and easement, to construct, install,
operate, maintain, remove, and replace necessary and usual appurtenant
equipment, all for the purpose of transmitting electrical energy and/or gas for
light, heat, power and signals, or for such other purpose as electric current
and/or gas is now or may hereafter be used, and for communication upon,
over, across, within and above and/or beneath certain easement areas as
shown below, or on attached Ex_hibit "A", on land owned by said Cn'antor in
the CiW of Oshkosh, County of Winnebago, State of Wisconsin, described as
follows, to-wit:
Recording Data
Retrain to:
Wisconsin Public Service Corp
Real Estate Dept.
P.O. Box 19002
Green Bay, WI 54307-9002
Parcel Identification Number (PIN)
Part of vacated Warren Street and Blocks G and F of Western Addition to Oshkosh, a recorded subdivision, all being
a part of the Southeast ¼ of the Northeast ¼ of Section 23, Township 18 North, Range 16 East, City of Oshkosh,
Winnebago County, Wisconsin, located between the exterior and interior boundaries described below:
Exterior Boundary:
Commencing at the East ¼ comer of said Section 23; thence N 01 °17'08" W along the east line of the northeast ¼ of
said section, 233.67 feet; thence 'N 53°02'34" W, along the centerline of Pearl Avenue, 379.53 feet; thence S
36°57'26" E, 43.00 feet to the Point of Begiuning; thence S 53°02'34" E, 232.95 feet, to the intersection of the west
right-of-way of pr.posed Road "B" extended; thence S 37°20'49" W, along the west fight-of-way of pr,posed Road
"B", 231.71 feet; thence along a curve to the right having a radius of 25.00 feet, Whose chord bears S 80'3 l'2Y' W,
34.21 feet; thence along a curve to the left, being the north right-of-way of pr. posed Road "A", having a radius of
618.69 feet, whose chord bears N 72°35'37" W, 347.14 feet; thence along a curve to the fight having a radius of
25.00 feet, whose chord bears N 42'51'56" W, 35.98 feet; thence N 03°09'18'' E along the east right-of-
way of pr. posed Dawes Street, 246.52 feet; thence S 86°50'42" E, 239.47 feet; thence along a curve to the right
having a radius of 167.00 feet, whose chord bears S 69056'38" E, 97.10 feet, to the Point of Beginning.
Interior Boundary:
Commencing at the East ¼ comer of said Section 23; thence N 01 ° 17'08" W along the east line of the northeast ¼ of
said section, 233.67 feet; thence N 53°02'34" W, along the centerline of Pearl Avenue, 379.53 feet; thence S
36°57'26" E, 55.00 feet to the Point of Beginning; thence S 53002'34" E, 197.73 feet; thence S 36057'26" W, 5.00
feet; thence S 07'50'53" E, 35.38 feet, thence S 37~20'49" W, 189.54 feet; thence along a curve to the right having a
radius of 15.00 feet, whose chord bears S 80'3 l'2Y' W, 20.53 feet; thence along a curve to the left, having a radius of
628.69 feet, whose chord bears N 72°35'37" W, 352.75 feet; thence along a curve to the right having a radius
of 15.00 feet} WhOSe Chord bears N 42°51'56" W, 21.59 feet; thence N 03°09~ I8" E, 209~52 feet; thence along a
curve to the right having a radius of 25.00 feet, whose chord bears N 48°09'18" E, 35.36 feet; thence S
86°50'42" E, 204.47 feet; thence along a curve to the right having a radius of 155.00 feet, whose chord bears S
69°56'38" E, 90.12 feet, to the Point of Beginning.
The easement as shown on the attached exhibit "A".
The Grantee shall have the right to go upon the Grantor's property outside of the easement area for the purpose
of gaining access to the easement area in the event direct access to the easement area is not possible. Grantee shall
notify the Grantor, when possible, before going upon the Grantors property, except in the event of an emergency.
The Grantee shall refill any trenches in which said wires or gas mains are laid, promptly and properly tamp the
same and restore the surface of the ground and if the Grantee shall at any future time open said trenches for the
purpose of repairing, renewing, or removing said wires or gas mains, it will, as soon as said work is done, restore the
surface of the ground, and that all work performed by the Grantee on said land will be performed in a proper
workmanlike manner, and that during the progress of the work, the Grantee will properly safeguard said trench.
The Grantee shall have the right to control all brash and trees within the easement area by cutting, trimming,
chemically treating and/or other means as determined by the Grantee which in its judgment may interfere with or
endanger said electric, communication, or gas facilities.
The Grantor further grants to the Grantee, its successors and assigns, the perpetual right, privilege and
easement to enter upon said strip of land for the purpose of laying, patrolling, repairing, renewing or removing the said
facilities.
The Grantor agrees that it will not construct any improvements, including buildings, concrete structures, or
other objects, or change the grade more than four (4) inches over any gas main or service or electric cable, without first
securing the prior written consent of the Grantee; This agreement is to insure the conformance of the use of the
easement with the (Wisconsin Gas Safety Code) (Wisconsin Electrical Code) and the Grantee's construction standards.
The said Grantor further agrees that all costs incurred through the relocation of said facilities to avoid such buildings,
concrete structures, or other objects or to obtain proper depth of land cover shall be borne by the Grantor.
The covenants herein contained shall bind the parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
WITNESS the hand and seal of the Grantor the day and year first above written.
CITY OF OSHKOSH
STATE OF
)
) SS
/ // EAST 1/4 CORNER
CORNER / / ~.~EC~ON 23, TISN, R16E
A "~' ~ ~ ("~ ~ JACKSON STREET
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UTILITY EASEMENT EXHIBIT
PARCEL G
MARION ROAD/PEARL AVENUE
REDEVELOPMENT PROJECT ~'~' 1"=120'
CITY OF OSHKOSH, WISCONSIN
~ 427807A 1
Revised 7/99
)OCUMENT NUMBER
UTILITY EASEMENT / CORPORATION
THIS INDENTURE, made this __ day of ,
__,between City of Oshkosh , hereinafter called "Grantor" for One
and no/100 dollars ($1.00) and/or other valuable consideration to it paid by
WISCONSIN PUBLIC SERVICE CORPORATION, a Wisconsin
Corporation, its successors and assigns and SBC, Time Warner Cable, US
Signal hereinafter called "Grantee", receipt whereof is hereby acknowledged,
does hereby grant unto said Grantee, its successors and assigns, the perpetual
right, permission, authority, privilege and easement, to construct, install,
operate,maintain, remove, and replace necessary and usual appurtenant
equipment, all for the purpose of transmitting electrical energy and/or gas for
light, heat, power and signals, or for such other purpose as electric current
and/or gas is now or may hereafter be used, and for communication upon,
over, across, within and above and/or beneath certain easement areas as
shown below, or on attached Exhibit "A", on land owned by said Grantor in
the City of Oshkosh, County of Winnebago, State of Wisconsin, described as
follows, to-wit:
Recording Data
[~eturn to:
Wisconsin Public Service Corp
Real Estate Dept.
P.O. Box 19002
Green Bay, WI 54307-9002
Parcel Identification Number (PIN')
All that part of vacated Bell Place, vacated Warren Street, and in Blocks B, C & G in WESTERN ADDITION to
Oshkosh in the Southeast ¼ of the Northeast ¼ and Northeast ¼ of the Southeast ¼ of Section 23, Township 18
North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, bounded and described as follows:
Commencing at the East ¼ comer of said Section; thence S 89034'30'' W along the south line of said Northeast ¼,
63.47 feet to the point ofbeginuing; thence S 01'20' 11" E, 83.86 feet; thence S 01 °34'09" E, 76.43 feet; thence S
01 °24'37" E, 92.86 feet; thence S 88°33'48" W along the north right-of-way ofproposed Marion Road, 317.32 feet;
thence along a curve to the right having a radius 25.00 feet, whose chord bears N 33°36' 17" W, 42.32 feet;
thence N 24'13'38" E along the east right-of-way of proposed road "A", 235.17 feet; thence continuing along said
right-of-way along a curve to the left having a radius of 100.00 feet, whose chord bears N 14'47'38" W, 125.92 feet;
thence continuing along said right-of-way N 53°48'55" W, 105.54 feet; thence along a curve to the right having a
radius of 25.00 feet, whose chord bears N 27' 15'01" W, 22.36 feet; thence S 53°48'55" E, 125.54 feet; thence along a
curve to the right having a radius of 110.00 feet, whose chord bears S 14°47'38'' E, 138.51 feet; thence S
24°13'38" W, 235.17 feet; thence along a curve to the left having a radius of 15.00 feet, whose chord bears S
33036'17" E, 25.39 feet, thence N 88033'48" E, 186.25 feet; thence N 01 °26'12" W, 12.00 feet; thence N 88°33'48"
E, 15.00 feet; thence S 01o26'12" E, 12.00 feet; thence N 88033'48" E, 59.09 feet; thence N 47023'24" E, 53.15 feet;
thence N 88°35'23" E, 5.00 feet; thence N 01'24'37" W, 47.87 feet; thence N 01 °34'09" W, 76.43 feet; thence N
01 °20' 11" W, 276.69 feet; thence S 88'39'49" W, 7.00 feet; thence N 01 °20' 11" W, 15.00 feet; thence N 88'39'49"
E, 7.00 feet; thence along a curve to the left having a radius of 30.00 feet, whose chord bears N 27° 11 '22" W, 26.16
feet; thence N 53002'34" W, 249.77 feet; thence N 37°20'49" E, 12.00 feet; thence S 53'02'34" E, 249.69 feet;
thence along a curve to the right having a radius of 42.00 feet, whose chord bears S 27' 1 l'2Y' E, 36.63 feet; thence S
01 °20' 11" E, 207.79 feet to the Point of Beginning.
The easement as shown on the attached exhibit A .
The Grantee Shall have the right to go upon the Grantor!s proPei~ outside 6fthe easement area for the purpose
of gaining access to the easement area in the event direct access to the easement area is not possible: Grantee shall
notify the Grantor, when possible, before going upon the Grantor's property, except in the event of an emergency.
The Grantee shall refill any trenches in which said wires or gas mains are laid, promptly and properly tamp the
same and restore the surface of the ground and if the Grantee shall at any future time open said trenches for the
purpose of repairing, renewing, or removing said wires or gas mains, it will, as soon as said work is done, restore the
surface of the ground, and that all work performed by the Grantee on said land will be performed in a proper
workmanlike manner, and that during the progress of the work, the Grantee will properly safeguard said trench.
The Grantee shall have the right to control all brush and trees within the easement area by cuffing, trimming,
chemically treating and/or other means as determined by the Grantee which in its judgment may interfere with or
endanger said electric, communication, or gas facilities.
The Grantor further grants to the Grantee, its successors and assigns, the perpetual right, privilege and
easement to enter upon said strip of land for the purpose of laying, patrolling, repairing, renewing or removing the said
facilities:
The Grantor agrees that it will not construct any improvements, including buildings, concrete structures, or
other objects, or change the grade more than four (4) inches over any gas main or service or electric cable, without first
securing the prior written consent of the Grantee. This agreement is lo insure the conformance of the use of the
easement with the (Wisconsin Gas Safety Code) (Wisconsin Electrical Code) and the Grantee's construction standards.
The said Grantor further agrees that all costs incurred through the relocation of said facilities to avoid such buildings,
concrete structures, or other objects or to obtain proper depth of land cover shall be borne by the Grantor.
The covenants herein contained shall bind the parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
WITNESS the hand and seal of the Grantor the day and year first above written.
CITY OF OSHKOSH
STATE OF )
) SS
COUNTY OF )
Personally came before me this day of , , the above-named _ to me known
to be the Grantor(s) who executed the foregoing instrument and acknowledged the same.
Notary Public, State of
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SCALE IN
120' 0 120'
UTILITY EASEMENT EXHIBIT o~t:.~ ~ UJO
PARCEL H :mm ~ COH ,/lWO:
~PROVED 8Y MJO
MARION ROAD/PEARL AVENUE ~ s~
m~*m. REDEVELOPMENT PROJECT ~*m' 1"=120'
~.... =~ CITY OF OSHKOSH, WISCONSIN ~ ~.~c~ ,o. ~,~ .o.
......... 427807A 1
tvised 7/99
tocUMENT NUMBER
UTILITY EASEMENT / CORPORATION
THIS INDENTURE, made this __ day of ,
,between Cio/of Oshkosh , hereinafter called "Grantor" for One
and no/100 dollars ($1.0ff) and/or other valuable consideration to it paid by
WISCONSIN PUBLIC SERVICE CORPORATION, a Wisconsin
Corporation, its successors and assigns and SBC, Time Warner Cable
hereinafter called "Grantee", receipt whereof is hereby acknowledged, does
hereby grant unto said Grantee, its successors and assigns, the perpetual
fight, permission, authority, privilege and easement, to construct, install,
operate, maintain, remove, and replace necessary and usual appurtenant
equipment, all for the purpose of transmitting electrical energy and/or gas for
light, heat, power and signals, or for such other purpose as electric current
and/or gas is now or may hereafter be used, and for communieafiun upon,
over, across, within and above and/or beneath certain easement areas as
shown below, or on attached Exhibit "A", on land owned by said Grantor in
the Cio/of Oshkosh, County of Winnebago, State of Wisconsin, described as
follows, to-wit:
Recording Data
leturn to:
~risconsin Public Service Corp
teal Estate Dept.
P.O. Box 19002
3reen Bay, WI 54307-9002
Parcel Identification Number (PIN)
Part of Lots 18, 19, 20, 21, 22, Block E of Western Addition to Oshkosh, a recorded subdivision, ail being a part of
the Northeast ¼ of the Southeast ¼ of Section 23, Township 18 North, Range 16 East, City of Oshkosh, Winnebago
County, Wisconsin, bounded and described as follows:
Commencing at the East ¼ comer of said Section 23; thence S 89034'40'' W along the north line of the Southeast ¼
of said section, 477.58 feet; thence S 00'25'30" E, 237.69 feet to the Point of Beginning; thence along a curve to the
fight having a radius of 25.00 feet, whose chord bears S 87 39 40 W, 22.36 feet; thenceN 65 46 25 W along aline
being 6 feet north and parallel to the north right-of way of Marion Road, 187.95 feet; thence aiong a curve to the right
having a radius of 25.00 feet, whose chord bears N 39 12 31 W, 22.36 feet; thence S 65 46 25 E, 227.95 feet to the
Point of Beginning.
The easement as shown on the attached exhibit "A".
The Grantee shall have the right to go upon the Grantors property outside of the easement area for the purpose
of gaining access to the easement area in the event direct access to the easement area is not possible. Grantee shall
notify the Grantor, when possible, before going upon the Grantor's property, except in the event of an emergency.
The Grantee shall refill any trenches in which said wires or gas mains are laid, promptly and properly tamp the
same and restore the surface of the ground and if the Grantee shall at any futur9 time open said trenches for the
purpose of repairing, renewing, or removing said wires or gas mains, it will, as soon as said work is done, restore the
surface of the ground, and that all work performed by the Grantee on said land will be performed in a proper
workmanlike manner, and that during the progress of the work, the Grantee will properly safeguard said trench.
The Grantee shall have the right to control all brash and trees within the easement area by cutting, trimming,
chemically treating and/or other means as determined bY the Grantee which in its judgment may interfere with or
endanger said electric, communication, or gas facilities.
The Grantor further grants to the Grantee; its successors and assigns, the perpetual right, Privilege and
easement to enter upon Said strip of land for the purpose of laying, patrolling, repairing, renewing or removing the said
facilities.
The Grantor agrees that it will not construct any improvements, including buildings, concrete structures, or
other objects, or change the grade more than four (4) inches over any gas main or service or electric cable, without first
securing the prior written consent of the Grantee. This agreement is to insure the conformance of the use of the
easement with the (Wisconsin Gas Safety Code) (Wisconsin Electrical Code) and the Grantee's construction standards.
The said Grantor further agrees that all costs incurred through the relocation of said facilities to avoid such buildings,
concrete structures, or other objects or to obtain proper depth of land cover shall be borne by the Grantor.
The covenants herein contained shall bind the parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
WITNESS the hand and seal of the Grantor the day and year first above written.
CITY OF OSHKOSH
STATE OF )
) SS
COUNTY OF )
Personally came before me this day of , , the above~-named, to me known
to be the Grantor(s) who executed the foregoing instrument and acknowledged the same.
Notary Public, State of
My Commission expires:
This instrument drafted by:
IFRIS # 0010003160
Location # Oshkosh
David T. ?etersen
WISCONSIN PUBLIC SERVICE CORPORATION
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00'
UTIU~ EASEMENT EXHIBIT ~s~
PARCEL i
MARION
~A~/D~&D/
,,~/-~,,~ AVENUE
~.~,. REDEVELOPMENT PROJECT ~ Y'=lOO,
~"~" ...... ~=,"~ ~"CITY OF OSHKOSH, WISCONSIN
· '~.~ 427807A J 1
Revised 7/99
DOCUMENT NUMBER
UTILITY EASEMENT / CORPORATION
THIS INDENTURE, made this __ day of ,
,between City of Oshkosh , hereinafter called "Grantor" for One
and no/100 dollars ($1.00) and/or other valuable consideration to it paid by
WISCONSIN PUBLIC SERVICE CORPORATION, a Wisconsin
Corporation, its successors and assigns and SBC, Time Warner Cable
hereinafter called "Grantee", receipt whereof is hereby acknowledged, does
hereby grant unto said Grantee, its successors and assigns, the perpetual
fight, pemfission, authority, privilege and easement, to construct, install,
operate, maintain, remove, and replace necessary and usual appurtenant
equipment, all for the purpose of transmitting electrical energy and/or gas for
light, heat, power and signals, or for such other purpose as electric current
and/or gas is now or may hereafter be used, and for communication upon,
over, across, within and above and/or beneath certain easement areas as
shown below, or on attached Exhibit "A", On land owned by said Grantor in
the City of Oshkosh, County of Winnebago, State of Wisconsin, described as
follows, to-wit:
Recording Data
Return to:
7fisconsin Public Service Corp
Real Estate Dept.
P.O. Box 19002
Green Bay, WI 54307-9002
Parcel Identification Number (PIN)
All that part of vacated Marion Road and Blocks A & B of WESTERN ADDITION to Oshkosh, a recorded
subdivision, all being a part of the Northeast ¼ of the Southeast ¼ of Section 23, Township 18 North, Range 16 East,
City of Oshkosh, Winnebago County, Wisconsin, bounded and described as follows:
Commencing at the East ¼ comer of said Section; thence S 01017'26" E along the east line of said Southeast ¼,
368.19 feet; thence S 88°42'34'' W, 62.59 feet to the Point of Beginning; thence S 01°24'37" E, 469.44 feet tO the
north bulkhead line of the Fox River as established fi:om Sheet 4-7-3 of the U.S. Corps of Engineers Harbor Line plat
recorded at the Register of Deeds in Winnebago County; thence N 65°43'26" W along said bulkhead line, 13.32 feet;
thence N 01 °24'37" W, 35.57 feet; thence S 88°35'23" W, 7.00 feet; thence N 01 °24'37" W 20.00 feet; thence N
88°35'23" E, 7.00 feet; thence N 01°24'37" W, 408.09 feet; thence N 88°33'48" E, 12.00 feet to the Point of~
Beginning.
The easement as shown on the attached exhibit "A".
The Grantee shall have the fight t° go upon the Grantor's property outside of the easement area for the purpose
of gaining access to the easement area in the event direct access to the easement area is not possible. Grantee shall
notify the Grantor, when possible, before going upon the Grantor's property, except in the event of an emergency.
The Grantee shall refill any trenches in which said wires or gas mains are laid, promptly and properly tamp the
same and restore the surface of the ground and if the Grantee shall at any future time open said trenches for the
purpose of repairing, renewing, or removing said wires or gas mains, it will, as soon as said work is done, restore the
surface of the ground, and that all work performed by the Grantee on said land will be performed in a proper
workmanlike manner, and that during the progress of the work, the Grantee will properly safeguard said trench.
The Grantee shall have the right to control all brash and trees within the easement area by cutting, trimming,
chemically treating and/or other means as determined by the Grantee which in its judgment may interfere with or
endanger said electric, communication, or gas facilities.
The Grantor further grants to the Grantee, its successors and assigns, the perpetual right, privilege and
easement to enter upon said strip of land for the purpose of laying, patrolling, repairing, renewing or removing the said
facilities.
The Grantor agrees that it will not construct any improvements, including buildings, concrete structures, or
other objects, or change the grade more than four (4) inches over any gas main or service or electric cable, without first
securing the prior written consent of the Grantee. This agreement is to insure the conformance of the use of the
easement with the (Wisconsin Gas Safety Code) (Wisconsin Electrical Code) and th6 Grantee's construction standards.
The said Grantor further agrees that all costs incurred through the relocation of said facilities to avoid such buildings,
concrete structures, or other objects or to obtain proper depth of land cover shall be borne by the Grantor.
The covenants herein contained shall bind the parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
WITNESS the hand and seal of the Grantor the day and year first above written.
CITY OF OSHKOSH
STATE OF )
) SS
COUNTY OF )
Personally came before me this day of ) , thc above-named _ to me known
to be the Grantor(s) who executed the foregoing instrument and acknowledged the same.
Notary Public, State of
My Commission expires:
This instrument drafted by:
IFRIS # 0010003160
Location # Oshkosh
David T. Petersen
WISCONSIN PUBLIC SERVICE CORPORATION
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UTILITY EASEMENT EXHIBIT
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MARION ROAD/PEARL AVENUE ~*.oveo ~ M~O
~..,. REDEVELOPMENT PROJECT ~' 1"=~oo'
.,....". ....... ,.~ CITY OF OSHKOSH, WISCONSIN
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