HomeMy WebLinkAbout1100 Emmers LaneI Easement
Document Title
THIS INDENTURE, made this ~S' day of ~ ,2003,
by WESTOWNE NORTH PR~-~RTIES LLC, C~antor, and the
CITY OF OSHKOSH, a Wisconsin Municipal Corporation, Grantee,
WITNESSETH:
REGISTER' S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
10/17/2003 09: SBAM
SUSAN WINNINGROFF
REGISTER OF DEEDS
RECORDING FEE ll.l~
TRANSFER FEE
# DF PAGES 1
IN CONSIDERATION of the sum of One Dollar (SI.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 water main upon
certain tracts of land situated in the City of Oshkosh, Winnebago County,
Wisconsin, and described as follows: 16-2153-00-00
Parcel Identification Number (PIN)
Being a water main easement situated along Emmers Lane, located in the NE 1/4 of SW 1/4 Section 16, TI8N, R16E,
City of Oshkosh, Winnebago County, Wisconsin, more particularly described as follows:
~.eeording Area
Name and Return Address
City Attorney's Office
Oshkosh~ WI 54903-1130
Commencing at the center of said Section 16, thence South 00052' i4" East along the Past line of the SW 1/4 of
said Section 168.59 ft., thence North 88o50'00" West 25.09 ft., thenc( South 01°11 '22' East 4~.28 l~., thence
South 89°14'09' West 286.42 ft. to the point of beginning of said easement; thence continuing South 89014'09"
West 15.00 ft. to a point on the East right-of-way line of said Emmers Lane, thence South 00°57'59" East along
said right-of-way line 465.67 ft., thence south 17°13'34" East along said line 45:00 ft., thence South 29°34'41"
East along said line 98.16 ft. to a point on the North right-of-way line of S.T.H. "21", thence North 71 °51 '46"
East along said line 20.41 ft., thence North 29°34'41" West 133.86 ft., thence North 00o57'59" West along a line
which is parallel with the East right-of-way line of Emmers Lane 471.45 ft. to the point of beginning.
Said easement is subject to all existing easements and restrictions of record.
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
said water main through said property.
IT IS FURTHER MUTUALLY AGREED that no bu/lding 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 free and harmless from any claim for damages which may be made by reason of damages or injury to persons
or property connected therewith.
1N WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above
WESTOWNE NORTH PROPERTIE~..LLC
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY)
Personally came before me this ~,~- day of ~ ; 2003, the above named JEFF KOWALIK,
Managing Member, of Westowne North Properties LLC, to me known to be such person and officer who executed
the foregoing instrument and acknowledged that he executed the same a~.such officer by its authority for the purpose
therein contained. " '~ ~
Notary Public, Wmnebag~ _C~unty, WI ¢
My Commission: ~ /zq/~-i~r'&.~ ~,
This instrument drafted by:
Wawen P. Kraft, City Attorney
Oshkosh, WI 54903-1130