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HomeMy WebLinkAboutWater connection Mark HenkeWATER CONNECTION NOTICE AND AGREEMENT Document Number Document Title The City of Oshkosh (City) and Mark R. Henke (Henke), enter into Water Connection Notice and Agreement on the date of the last signE below. I 1 Ill 8822994 Tx:4617118 DOC# 1885025 NATALIE STROHMEYER REGISTER OF DEEDS WINNEBAGO COUNTY, WI RECORDED ON: 06/21/2022 10:08 AM -= RECORDI"Pa(!F_qVPb06 PAGES: 3 J U N 2 4 2022 PURPOSE. Henke wishes to connect his Property, describe below, to the City public water supply system before City publicRecording AreaCITY CLERK'S O F F I E water main extends through the adjoining right-of-way. The City i agreeable to this early connections provided it is understood by Name and Return Address Henke that such connections shall be at his sole cost, and that City Attorney's Office PO Box 1130 paying for the early connection does not exempt the Property from Oshkosh WI 54903-1130 special assessments, area assessment, and all other costs, charges, and expenses that the City will charge or assess the Property at 91334212010 such time as the City utilities and public facilities are extended Parcel Identification Number (PIN) over, under, and across the public right-of-way adjoining the Property. The City explicitly states that this Notice and Agreement does not waive, limit, or alter its ability to assess or charge the Property in the future for lawful purposes as outlined in any Ordinance, statute, Code, regulation or other law. PROPERTY. The real property owned by Henke, and subject to this Agreement (Property), is described as follows: Lot Ten (10) in FISCHER PLAT, previously in the Town of Algoma, and now located in the Thirteenth Ward, City of Oshkosh, Winnebago County, Wisconsin. ANNEXATION. The Property was located in, and governed by, the Town of Algoma until it was annexed into the City of Oshkosh through Common Council Resolution Number 12-504, with that Resolution having a passage date of October 9, 2012, but with the annexation having an effective date of March 1, 2013. 4. TRANSITION TO CITY UTILITIES. At the time of annexation and at the time of this Notice and Agreement, the Property was served by a private water well and private septic system in conformance with Town of Algoma rules. The City Municipal Code allows newly -annexed properties to maintain a private septic system until access to the public sanitary sewer system becomes "available," provided the - private system is functioning properly. The Municipal Code allows newly -annexed properties to continue using its private well after annexation under certain circumstances. PUBLIC WATER CONNECTION. The City currently has existing potable water and sanitary sewer facilities near, but not adjacent, to the Property and not in a location in which would be considered "available" to the Property as described in the Municipal Code. Despite City utilities not being "available," the private well on the Property is failing and as a result Henke requ&ts permission to connect to the City's public water supply before these utilities are extended through and across the adjoining public right-of-way 2, 2022 MARK R. HENKE By: 2?!eyl a- ��.k Mark R. Henke STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this _3 day of 0 .7un2. , 2022, the above named Mark R. Henke, to me known to be the person who executed the foregoing instrument and acknowledged the same, for the purpose herein contained. CITY OF OSHKOSH By: ��'`' iVlark A. Rohloff, City Manager STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Notary Public, State o� f W ns' My Commission expires: By: � ssi L. Balcom, City Clerk Personally came before me this 3f-j day of L , 2022, the above named Mark A. Rohloff and Jessi L. Balcom, to me known to be the persons who executed the foregoing instrument and acknowledged the same, for the purpose herein contained. N tary Public, State of Wisconsin My Commission expires: Nj alG a ►_..r.�I AR�7i�IT.Y��� A � �I " Drafted by: David J. Praska, Deputy City Attorney Oshkosh, Wisconsin June 2, 2022