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HomeMy WebLinkAboutK & K Properties ~ !I" "I ~> UTILITY EASEMENT D,oemoot Ht, DOCUMENT NO. K & K Properties, a Wisconsin general partnership and Beechnut Development, Inc., a Wisconsin corporation (collectively "Grantor"), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants and conveys to the City of Oshkosh, Winnebago County ("Grantee") and its representatives, engineers, contractors, agents, inspectors, employees, successors and assigns, a perpetual, non-exclusive easement for the installation, maintenance, repair, inspection, replacement and removal of above-ground storm water drainage, detention or retention facilities over and across the following described lands of Grantor, located in the City of Oshkosh, Winnebago County, Wisconsin (the "Easement Area") together with the right of ingress and egress over the adjacent land of Grantor, its successors and assigns, for the purpose of the foregoing easements: Easement D. A permanent twenty (20) foot wide public drainage easement being described as follows: The West 5.00 feet of Lots I and 2 in Certified Survey Map No. 5121 per Winnebago County Records and the East 15.00 feet of Lot I in Certified Survey Map No. 4996 per Winnebago County Records, in part of the NW 1/4 of the SW 1/4 of Section 22, Tl8N, RI6E, 6ili Ward, City of Oshkosh, Winnebago County, Wisconsin. 1302837 REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 0312312004 01: 14P!I; SUSAN WINNIMGHOFF REGISTER OF DEEDS RECORDING FEE 15.00 TRANSFER FEE * OF PAGES 3 R"ocdio Ac" NAME AND RETURN ADDRESS ATTORNEY RUSSELL J. REFF P.O. BOX 1190 OSHKOSH. WI 54903-1190 Parcel Identification Number (PIN) A map showing the foregoing easement designated as "Easement Exhibit" is attached hereto and incorporated herein by reference. No improvements are allowed within the areas reserved for public easements. Improvements include, but are not limited to, building structures, driveways, parking areas, landscape or fences. Any improvements shall be allowed only by special exception of the Board of Public Works. By acceptance of this grant of Easement, Grantee agrees to cause the easement rights granted hereunder to be exercised in a reasonable manner so as to avoid any unnecessary disruption of, or damage to, the Easement Area and adjacent real estate of Grantor and shall immediately repair any damage caused by the exercise of the easement rights granted hereunder. The easement rights granted hereunder shall include such ingress or egress over the adjacent real estate of Grantor as may be specifically required for the purpose of installing, maintaining, repairing and replacing any storm water drainage facilities installed by Grantee. By acceptance of this grant of Easement, Grantee agrees to indenmify and hold Grantor hannless from any and all liability for injuries to, or death of, persons or for loss of or damage to property, including all costs and expenses incidental thereto, arising ÍÌom or in connection with the exercise of the easement rights granted hereunder The easement rights granted hereunder shall extend to the contractors, subcontractors, workmen and employees of the Grantee. This grant of Easement shall be perpetual, shall run with the land and shall be binding upon and inure to the benefit of Grantor and Grantee and their respective heirs, successors, transferees and assigns. IN WITNESS WHEREOF, the undersigned have executed this grant of Easement on this ?¡ *day of February, 2004. This information must be completed by submitter: document title name & return address and PIN (if required). Other information such as the granting clauses, legal description, etc. may be placed on this first page of the document or may be placed on additional pages of the document Note: Use of this cover page adds one page to your document and $2.00 to the recording fee. Wisconsin Statutes 59.517. WRDA 2/96 ? ~' .""" . By: St By: aJ~~ ~~ Andrew,t".Kemps, General Partner /ljl( Beechnut Development, Inc. By: ~ I«\::::~ Ronald L. Tenpas, Preside City of Oshkosh / ,/ ^ BY~ ~~ Richard A. Wollangk, City Manager AUTHENTICATION ~ Signature(s) of Steven J. Kemps, Andrew K. Kemps and Ronald L. Tenpas authenticated this ~ day of February, 2004. AUTHENTICATION City of Oshkosh Signature(s)of Richard A. Wollangk, City Manager, & Pamela R. Ubrig, City Clerk,/ authenticated this ~ day of <1Ý 1l.<fi11 2004 ~~ TITLE: MEMBER STATE BAR OF WISCONSIN This instrument was drafted by: Russell J. Reff, Attorney-at-Law 217 Ceape Avenue, P.O. Box 1190 Oshkosh, WI 54903-1190 2 < . EASEMENT EXHIBIT S£PTEMBER II, 2003 C£Rl1FIED SURVEY MAP NO. S12t, 6TH WARD, CITY OF OSHKOSH, WlNN£BAGO COUNTY, WISCONSIN £XHIBIT FOR STEVE K£MPS NO, 4008£AS£ PERMAN'NT 20 FOOT "'0' PUBUC WAm¡ MAIN 'AS<M<NT "A" ¡¡i< NOR"'ERLY '0 ffi:T OF LOT , AND "" SOU"'ERLY '0 mr OF LOT 2 OF ""'1!FŒO SUR'Æ'Y MAP NUMBER 5'" RECORDED AS DOOIM'NT NUMBER 120<710, "'NN'BAGO GDVNTY "'CORDS BDNG PART OF THf: NW 1/4 OF "" SW 1/4 OF "C¡¡ON 2~ neN, R"~ "" WARD, CITY OF OSHKOSH, "'NN£SAGO COUNTY, "'SGDNSW O<SCRIBED AS f'OíLD"", B'SNNING AT "" NOR""/ÆST GORN," OF LOT I OF SAID "",¡¡AED SUR""Y MAP; ""NC' NOO"'O6"' 11,31 ffi:n "'<Ne< sm2',,', 142,6' mr ro ""RIGHT OF WAY LtN< OF LILAC 511«", "'<NeE SOU",II£SID1/.Y ALONG SAID RIGHT OF WAY 20," ffi:T ALONG '"' ARC OF A 50 FOOT RADIUS CUR"" ro THf: L<FT HAWNG A CHORD OF S2B'47'4"W 2000 Fm'. ,"'Ne< N""',,"W ,,2.11 mr ro '"' ""5T LtN' OF SAID LOT " ,"<NeE NOO..'O6-': ALONG SAID LtN' 11,31 mr ro "" POINT OF B',"NNIN~ pmMAN<NT 20 FOOT "'DE PUBLIC SANITARY"""" AND STORM S<1IER <A"""<NT 'B" '", NORmmLY 20 mr OF LOT 2 AND "" NOR",,"LY 20 mT OF '"" ""mRLY 120 ffi:T MO", OR L<s5 OF LOT J OF CER¡¡AED SUR""Y MAP NUM'," 5121 ",CORDED AS DOCUM<NT NUM'," 120471. II1NNEBAGO CCUNTY R<COROS ""NG PART OF "" NW 1/4 OF '"' SW 1/' OF "C¡¡ON 22, "'!N, R"', 6'" WARD, CITY OF OSHKOSH, "NN£SAGO GDVNTY, "SGDNSlN D<SCRIBED AS f'OíLO"", ","NNING AT "" NDR"""ST CORNER OF LOT 2 OF SAID CERT1FIED SUR'Æ'Y MAP, ,"<NC' SS""2a" ALONG '"' NOR'" UN' OF SAID LOTS 2 AND J A DlSTANeE OF 279,:>3 mn ,"<NeE SDD'DD'OO" 20,00 mn "'<Ne< Na.,,'2a"w 279,64 "'<T ro THf: '/ÆSm¡lY LtN' OF SAID LOT ~ "'<NeE NOO~"O8" ALONG SAID UN' 2MO mT ro '"" POINT OF aEDINNlN~ ""'MAN<NT JO FOOT "0£ PUBUC STORM """" AND SANITARY 6<\\ER 'AS,,"<NT "c" 'mfD;,&r,r'oo'W.Kfl'lD'f'f"f¡fDGO",~~~r¡; ,W,'ì!6i.NSoI!' LOT 2 IN LOT J OF "",¡¡Am SUR""Y MAP NIIMBER 512' ",CORDm AS DDCUM<NT NUM"R 1204710, "'NN£SAGO GDVNTY ",CORDS IN PART OF '"' NW 1/' OF '"' SW 1/' OF s<C¡¡ON 22, TlBN, R16~ 6'" ""'MAN<NT 20 FOOT "'" Puauc ORAlNAS< <AS,,"'NT "0" m< "'51 MO n: OF LOTS' AND 2 IN «RT1FI'D SUR'Æ'Y MAP No. 5121 PER "NN£SAGO COUNTY "'CORDS AND "" <AST 15,00 n: OF \fiN.' ¡'~,'t".'!iI~Ar.g~~i!': ó',g;K~~~ ¡;"i;'NI!~~~B¿"'8N~U'I.~~~:'N'°~ IN PART OF "" NW II' OF THf: SW 1/' OF s<C¡¡ON 22, S89'14'28"£ 171,86 0 '" 0 0 t,J ~;;j t;"'. '" ¡ LOT 4 ¡;: '" "!~ ~ "! 134,81' 329,63' I ~~ I -.- . ",,",e sc<:, . '" 30 0 15 30 60 ,ou" ¡"""....L-o.....I . ( IN ,EET ) 1 Inch = 60 ft, 134,82' N88'S7'41"W R. A. SMITH Enginaaring driven by . A"DCIATB8, 'NC, vision 92D-231-JI19 ", 231-9a12 2aSD UNIVERSAL STRm O~"oSH, 'M, 54904 Land Surveying ""'VI" """"""" 4008£ASE: SO"""Y PR'.Æ!:T NO, 7004008 ENGINŒRING ""JECT "" "'" S£PTEMBE:R 11. 2003 120 I