HomeMy WebLinkAbout03-474.docNOVEMBER 25, 2003 03-474 RESOLUTION
(CARRIED 7-0 LOST
LAID OVER
WITH DRAWN
PURPOSE:
INITIATED BY:
PLAN COMMISSION RECOMMENDATION:
ACCEPT HIGHWAY & UTILITY EASEMENTS / WEST SIDE
OF FOND DU LAC ROAD AT JOHNSON AVENUE
DEPARTMENT OF PUBLIC WORKS
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 easements from the
following and to execute any and all documents necessary for purposes of same.
A)
3461 Fond du Lac Road; Margaret Hansen, owner
Per the attached "Exhibit A".
B)
11 Johnson Avenue; David Butzlaff, owner
Per the attached "Exhibit B".
c)
3379 Fond du Lac Road; Thomas & Sally Counts, owners
Per the attached "Exhibit C".
Easement
Margaret L. Hansen, Grantor, and the CITY 01' OSI~ZOSH, a munleipal
corporation, located in W~aebago Comity, Wiscomln, Gt'antee,
WITNESSBTH:
"EXHIBIT A"
IN CONSIDERATION of the sum of One Dollar ($1.00) and.
other good and valuable consideration paid by the Grantee, the receipt of
which is hereby acimowiedged, the Grantor does hereby give and g~ant unto t',~nllu~ Area
upon eex~aln tracts of land shunted in the C!~y of Oshkosh,
A parcel ~f laud being part Of Government Lot Two (2), Fractional
Section One 0), Tov~ship 17 North, Range 16 East, 14th Waed, Cify of Oshknsh,
Upon excreislng any of the figh~s herein granted, Grantee shall cause the property, .soil and gra~s to be
high~vay and utility tin'ough said property.
IT IS FURTHE~ MUTUALLY AGREED tint no building o~' other substantial or permanent structure shall
free and harmless fi'om any claim for damages which may be raade by reason 0f damages or inj m3' to persons or
property connected therewith.
1N WITNESS WHEREOF, said G~'antor has hereunto set its hand and seal the day and ye~ first above
STATE OF WISCOINSIlN)
) ss.
WE~IEBAGO COUNTY)
personally Came before me ~ ~ ~ ~y of ~ 2~3~ ~ a~e ~ ~aret U Ha~ to
"EXHIBIT
B11
'1~8
David E. Butzlaff, Gnmtor, .~nd fl~e CITY (
co~poration, located in Wiimebago County, Wisconsin, ~e,
~ESS~H:
~ CONS~B~TION of ~e ~ o~ One Doll~ ($ LO0)
o~er good ~d v~u~le ~idarafion p~d ~ ~ G~t~, ~c r~ipt of
w~eh ~ ~ a~owledg~, ~e Gr~tor does ~e~by gi~ ~d ~t unto
the G~te¢, i~ au~l$ ~d ~si~s, ~ e~nent ~ ~ ~d
l~d herein~r d~b~, ~ehidMg ~e fi~t tu eater upon ~d l~d for
· e p~ose of ~edon, ~n~ni~, ~d mpa~g a ~way ~d ufili~
up~ ~n ~eB ofl~d si~atod M ~o ~ty of
Wmebago Oo<~, Wi~omsM; ~d d~o~b~.~ follows:
A p~cel of l~d beMg part of Govemm~t ~t Two (2),
S~fion On~ (1), Towns~p 17 Ho~, ~g¢ 16 E~t, 14~ W~d,
C~ of O~o~ W~ebago Count, Wisco~in ~n~g a~rox~ely
1,7~ sq~ f~t of lind ~d beMg d~efib~ ~ fo~ows:
14-1667-0000
A strip of land lying 10 feet west of and parallel to the westorly lin~ of Fond du
Roa~l ¢OSH 45) between ~hfi south line of Johnson Avenuo and tho north lino of
Lot 1 CSM 813.
Upon oxercising any of thc ~ght~ he~in granted, Grautee ab. all cau~ tho property, soil and grass to be
repaired and replaced in a condition sh~lar to it~ condition iraraediately prior thereto, sad obligatcs itself to pay to
Grantor, it successors and assigns, ail actual daraagea caused by repair, installation, operation, or r~moval of smd
highway and utility through said propel~y.
1T I8 FUP, THEK MLrfUALLY AGi~EED that no building or other substantial or permanent st~uctar~ shall
be placed upon said p~oporty by tho Qrantor.
Thc Gratu¢~ releases the Cn'antor from alt dabt$, claims, demands, damag¢~, actiop.$ and cauae~ of action
wtnatsocvcr which may result from said ea~Inent heretofore ggatued by Graator, and ftuih¢~ agr¢~ ~ hold the Grantor
5:¢0 and haxrales$ from any claim for damages which may bo made b~ reacon of damages or lnjDrY to persons or
proper~y connected therewith.
t~ WITNESS WHEREOF, said Granto~ has here~and seal the day and year fi~st abow
written. ~Ct, o¢-~ ~ ._ <~ ///
~D avid E. aut~ --
THIS INDENTUKE, made this --
Thomas L. Counts and Sally and thy CITY Og
OSHKOSH, a mtmioipel corporation, located ia Winnebago County
WITNESS~TI-I:
"EXHIBIT C"
IN CONSIDERATION of the strut of O~ie Dollar ($1.00) and
other good and valuable consideration paid by the Grantee, the r~nsipt of
wi'rich is hereby acknowledged, the Oxantor does hereby give and grant unto t.me .,,d ~.o~r. Adam, (
Upon exercising'any of the rights he~ein g~ant~d, Orautc¢ shall cause the property, soil and glass to be
inghway and utility through said property.
IT IS FURTHER MUTUALLY AGREED that no building or other substantial or permanent s~ucture shall
The Grantee releases ~h~ Grantor ~om all d~bis, claims, demands, damages, ~tions and causes of aedon
fr~ and harmlcss from any claim for damag~ which may b~ made by reason ,of damages or injuq' to persons or
IN '9/IT~ESS WHEILEOF, said Grantor has het-eunto set its hand.and ~ the day/~n~d year ~st above
STATE OF WISCONSIN)
) ss.
wm~B£O0 coum~r)
Sally Counts, to m~ known to be the persons who exec~ed the fnsc~oing ins ~t~umc~ and acknowledged the same.
Notary Publio, Wim~.ebago.County, ~WI/~,
~o~ ® ®