HomeMy WebLinkAbout03-492DECEMBER 9, 2003 03-492 RESOLUTION
(CARRIED 7-0 LOST
LAID OVER WITHDRAWN )
PURPOSE:
ACCEPT EASEMENT/MYRNA JANE DRIVE 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 accept an easement for
recreational and utility purposes from Constance Kowalske on the south side of Myrna
Jane Drive, as described in the attached, and to execute any and all documents
necessary for purposes of same.
Document Number
Easement
Document Title
THIS INDENTURE, made this ~ day of September, 2003,
by CONSTANCE KOWALSKE, Grantor, and the CITY OF OSHKOSH
a Wisconsin Municipal Corporation, Grantee,
WlTNESSETH:
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 bicycle trail and
and water main and other utilities upon certain tracts of land situated in the City
of Oshkosh, Winnebago County, Wisconsin, and described as follows:
Recordin~ Area
Name and Return Address
City Attorney's Office
Oshkosh, WI 54903-1130
16-0864-0000
PareeJ Identification Number (PIN)
A part of the NE ¼ of the NW ¼ of Section 1, Township 17 North, Range 16 E, in the 14z Ward, City of Oshkosh,
Winnebago County, Wisconsin described as follows:
Conanencing at the N ¼ comer of said Fractional Section 1; thence S. 89°57'21'' W., 570.75 feet along the north line
of the NW ¼ of said Fractional Section 1 to the easterly right-of-way line of the Fox River Valley Raikoad; thence S.
07°10'30" E., 641.21 feet along the easterly right-of-way line of the Fox River Valley Railroad to the extended south
line of Myma Jane Drive also being the tree point ofbeglnnlng; thence continuin~ S. 07010'30" E., 149.43 feet to the
extended south line of the Senaholz Addition; thence N. 88°10'00" E., 15.07 feet; thence N. 07o10'30" W., 114.99 feet;
thence northwesterly 39.89 feet along the arc of a curve concave to the right of radius 50.32 feet whose chord bears N.
29o53'09" W., a distance of 38.85 feet to the hue point ofbeglnnlng.
Said parcel contains approximately 1881.31 square feet.
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
s~iid sidewalk and above and below ground utilities over, under and 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,ce 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, salad Grantor has hereupto set its hand and seal the day and year first above
Constance Kowals~ce- -
STATE OF WISCONSIN)
WINNEBAGO COUNTY)
) SS.
570.75'
S89'57'21"W
641.21'
S07'10'30"E
East line of
Fox River Valley
Railroad
¢oint of
Beginning
149.45'
S07"10'50"E
ACCEPT EASEMENT
114.99'
N 07'10'50"W
/
14-17,32
-0100
N 0/4 Corner
Frdctional Section 1
./
Ex. 5' Sidewalk
NE ~ - NW ~
Frac. Sec. 1-17-16
- 50.32'
- 59.89'
- 29'53'09"
- 38,85'
MYRNA JANE DR.
Ex. 5' Sidewalk
Easement
Ex. 50' RW
to be Vacated
~ South line of
Sennholz Addition
15.07'
N88'lO'OO"E
CITY OF OSHKOSH
Mwwm~_n~t Je%nsee 09-11-03
GRAPHIC ? ¥
WATER MAIN AND
BIKE TRAIL EASEMENT
C, KOWALSKE PROPERTY
(PARCEL 14-1755-0100)