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HomeMy WebLinkAboutEvergreen Retirement v Document Number Document Title 1299945 REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 03/01/2004 10:41AM SUSAN WINNINGHOFF REGISTER OF DEEDS RECORDING FEE 11.00 TRANSFER FEE i OF PAGES Easement THIS INDENTURE, made this ~3.,,[ day of r::eh rIM. ~ ' 2004, by EVERGREEN RETIREMENT COMMUNITY, IN Grantor, and the CITY OF OSHKOSH, a Wisconsin Municipal Corporation, Grantee, WITNESSETH: 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 sidewalk and above and below ground utilities upon certain tracts ofland 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 Parcel Identification Number (PIN) A part of Lots I and 4 in McMillen's Replat of Lots 1,2 and 3 Block 101, and Lots 1,2 and 4 Block 102, and David T. Goss's Addition to Algoma etc., in the 12th Ward, City of Oshkosh, per Leach's Map of 1894, and now in the 16th Ward of said City being described by: Commencing at the center of Section IS, T18N, RI6E, thence S. 00°34'14" W., 479.80 feet along the east line of the SW Y. of said Section IS, being the east line of Lot I and Lot 4 in said McMillen's Replat, to the true point of beginning; thence continue S.00034'14" W., 30.20 feet along the east line of the SW Y. of said Section IS; thence S. 89°46'10" W., 19.00 feet; thence N. 00°34'14" E., 30.20 feet; thence N. 89°46'10" E., 19.00 feet to the true point of be ginning. Said parcel contains approximately 573.8 sq. ft. 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 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 free 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, said Grantor has hereunto set its hand and seal the day and year first above written. EVERGREEN RETIREMENT COMMUNITY, INc. ByB~ o,Q1;~ Name & Title: DOvN\ A ,G ree" ! P<eS1c\VVCt tc~ 0 And: Name & Title: STATE OF WISCONSIN) ) S8. WINNEBAGO COUNTY) perso.1¥I. ll¥.. . cam. e before me this 2.::rd day of f1.b'1Jo..tL,( , 2004, the above named ÌPívld .Jt C~i(W"\ (name & title) and (name & title) of EVERGREEN RETIREMENT COMMUNITY, INC, to me known to be such person(s) and officer(s) who executed the foregoing instrument and acknowledged that they executed the same as such officer(s) by its authority for the purpose therein contained. (ì . tLtv1 ~rJJ-. - Notary Public, Winnebago County, WI My Commission: Ly.û I ffl () In lò1 I I' This instrument drafted by: Warren P. Kraft, City Attorney Oshkosh, WI 54903.1130 ---- /