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Home My WebLink About04-141.docMAY 11, 2004 04-141 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: ACCEPT UTILITY EASEMENT/COUNTY ROAD K(W. 20TH AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved BE IT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 utility easements from the following and to execute any and all documents necessary for purposes of same. 3249 County Road K (W. 20th Avenue); Jeffrey Hafemeister, etal, owners Per the attached "Exhibit A" 3303 County Road K (W. 20th Avenue); Young Men's Christian Association, Inc. (YMCA), owner Per the attached "Exhibit B" "EXHIBIT A" Doeumeet Number Sanitary Sewer Easement 3249 County Rd K (W 20th Ave) GRANTOR Jeffrey L and Karen T Hafemeister GRANTEE: City of Oshkosh Grantor hereby grants to Grantee a Perpetual Easement in, into, upon, over and across a strip of land, more particularly described below, for Grantee's purpose of installing, maintaining, altering, repairing, and operating a sanitary sewer system, and appurtenances incidental thereto. The property on which the Easement is granted, and the width of the respective Easement, is as follows: Recording Area Name and Retum Address Randy Loberger Foth and Van Dyke 2737 South Ridge Road Ashwanbenon WI 54304 Property: Tax Key No. Part of 002040501 Part of the Northeast 1/4 Northwest 1/4 Section 32, Township 18 North Range 16 East Town of Algoma, Winnebago County Wisconsin. Pe etualEasemeet Descri tion: Corranencing at the North 1/4 corner of said section 32; thence S0°04'54"E 482.80' along the easterly line of said Northwest 1/4 to the Point of Beginning; thence S89°50'36 W 40.17'; thence N21 °55'04"!Y 484.3 l'.to the southerly line of County Highway "K"; thence N89°50'31 "E 40.17' along said line; then~:~ S21~55'04"E 484.31' Jo the Point of Beginning. Grantors further grant to Grantee: (a) the right of ingress to and egress from the Easement over and across the land by means of roads, lanes and/or driveways, thereon, if such exist, otherwise by such route or routes as shall occasion the least practicable damage end inconvenience to Grantor; provided, that such fight of ingress and egress shall not extend to enylpon'ion of the land which is isolated from.the Easement by any public road or highway now crossing or hereafter crossing the land; provided, further, that if anY portion bfthe land is or shall be subdivided and dedicated roads or highways on such ~ortion shall extend to tho Easement, the right of ingress end egress on the poffion shall be confined to such dedicated roads and highways; O) the right to install, maintain and usa gates in all fanee~ which now cross or shall hereafter cross the Easement; (c) the right to mark the locati°n Of the Easemen~ by s/tit, able markers se~ ih:th~/g~dund, provided that, wherever possible, markers shall )e placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the Easement. Grantee hereby covenants end agrees: (a) Grantee shall not fence the Easement; (b) Grantee shall backfill any trench made by it on the Easement; (c) Grantee shall repair ~/ny physical damage caused to Orantor's property by reason of construction, maintenance and installation activities. Grantee's obligation to repair shall be limited to the use of materials of like or comparable kind and quality in order to return the property, as nearly as is practicable, to its pre-construction appearance and condition; : (d) Grantee shall re-seed the Easement to the extent that the Easement, prior to construction, was yard area. Grantee shall not be obligated to replace or pay for any trees and/or shrubs that must be removed to facilitate construction, repair, or maintenance of the utility. Grantor~ reserve the right :to use.the Easume~ for purposes Which wil! not interf~/~e wiih Grantee's full' ~r~joyment ~ ira rights hereby granted; provided that Grantor shall not erect or construct any building or othe? structure, o~ dri!l or operate any well, or other obstruction on the Easement, or diminish or substantially add to the ground cover over the pipe lines. A covenant is hereby made with said grantee of Wiunebago County, Wisconsin, that the said grentor(s) holds (all of) the described premises by good and perfect title; having good right and lawful authority to sell end convey the same; and that said premises are free and clear fron all liens and enanmbmnc~s whatsoever except as hereinafter set forth. Accepted by Grantee this day of . Signed and sealed by Grantors this c:~ ~. day of ~c,I, Zo°q~. Document Number GRANTOR YOUNG MEN'S CHRISTIAN ASSOCIATION INC. GRANTEE: ,City of Oshkosh "EXHIBIT B" Sanitary Sewer Easement 3303 County Rd K (W 20th Ave) Grantor hereby grants to Grantee a Perpetual Easement in, into, upon, over and across a strip of land, more particularly described below, for Grantee's purpose of installing, maintaining, altering, repairing, and operatirig a sanitary sewer system, and appmrenances incidental thereto. The property on which the Easement is granted, and the width of the respective Easement, is s follows: Recordihg Area Name and Return Address Randy Loberger Foth and Van Dyke 2737 South Ridge Road Ashwaubenon Wt 54304 'roperty: Tax Key No. Part of 0020405 Part of the Northeast I/4 Northwest 1/4 Section 32, Township 18 North Range 16 East Town of AIgoma Winnebago County Wisconsin. Perpetual Easement Description: Commencing a/the North 1/4 corner of said section 32; thence S0°04'54"E 482.80' along the easterly line of said Northwest 1/4 to the Point of Beginning; thence continuing S0°04'54"E 845.02' along said line to the southerly tine'of said Northeast I/4 Northwest I/4; thence S89°39'23"W 40.46' along said line; thence N0°03'43"W 845.16': thence N$9°50'36"E 40.17' to the Point of Beginning. Grantors further grant to Grantee: (a) the right of ingress to and egress ftom the Easement over and across the Iand by means of roads, lanes and/or drivewaya, thereon, if such exist, othenvise by such route or roums as shall occasion the least practicable damage and inconvenience to Grantor; provided, that such right of ingress and egress shall not extend to any portion of the land which is isolated from the Easement by any public road or highway now crossing or herea~er crossing the land; provided, further, that if any portion of the land is or shall be subdivided and dedicated roads or highways on such ~ortion shall extend t6 the Easement, the right of ingress and egress on the portion shall be confined to such dedicated roads and highways; (b) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the Easement; (c) the right to mm:k the location of the Easement by suitable markers set in the ground, provided that, wherever possible, mgrkers shall ~e placed in fungus or other locations which will not interfere with any reasonable use Grantor shall make.of the Easement. Grantee hereby Covenants and agrees: (a) Grantee shall not fence the Easement; (b) Grantee shall backfill any trench made by it on the Easement;' (c) Grantee shall repair any physical damage caused to Grantor's property by reason of construction, niaintenance and installation activities. Grantee's obligation to repair shall be limited to the use of materials of like or comparable kind and quality in order to return the property, as nearly as is practicable, to its pre-constroction appearance and condition; · (d) Grantee shall re-seed the Easement to the extent that the Easement, prior to cohstruction, was yard area. Grantee shall not be obligated to replace or pay for any trees and/or shrubs that must be removed to facilitate construction, repair, or maintenance of the utility. Grantors reserves the right to use the Easemen~ for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; provided that Grantor shall not erect or construct any building or other structure, or drill or operate any well, or other obstruction on the Easement, 0~' dirriini~h'oi; guhs~:antially ac~d t6 the ground c6ver ovgffthe pipe lines. A covenant is hereby made with said grantee of Winnebago County, Wisconsin, that the said grantor(s) holds (all of) the described premises by good and'perfeet title; having good right and lawful authority to dall and convey the same; and that said premises are free and clear ftom alt liens and encumbrances whatsoever except as hereinafter set forth. ~ ~ : i Location ~ :~ ~sc~ Accept Easements Thi~ map is neither a legall~ recorded map nor N .~v~.~,.~o.~o~a~o~. County Rd. K ~ 20th Ave) ~ This drawing is a compilation o[ records, data and information located in various ci~, county ~ and state offices and other sources affecting o ~5oo Feet f the area sho~vn and it is to be used for reference purposes only. The CiW of Oshkosh is not r~ sponsible for any inaccuracies herein ~ntained. City of Oshkosh Wisconsin If discrepencies are found, please contact the Communi~ Development Ci~ of Oshkosh. Created by - dpb 5/4/04