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Home My WebLink AboutK & K Properties 2/21/2004 ~ UTILITY EASEMENTS D,,"moo' T;tI, K & K Properties, a Wisconsin general partnership ("Grantor"), in consideration of the sum of One Dollar ($1.00) and oth~r 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, the following non-exclusive perpetual easements for the installation, maintenance, repair, inspection, replacement and removal of municipal water mains (including laterals, related structures and equipment), municipal storm sewer mains (including laterals, related structures and equipment),and municipal sanitary sewer mains (including laterals, related structures and equipment) through and across and through the following described lands of Grantor located in the City of Oshkosh, Winnebago County, Wisconsin (the "Easement Areas") together with the right of ingress and egress over the adjacent land of Grantor, its successors and assigns, for the pmpose of the foregoing easements: Easement A. A permanent twenty (20) foot wide municipal water main easement described as follows: The Northerly 10 feet of Lot I and the Southerly 10 feet of Lot 2 of Certified Survey Map Number 5121 recorded as Document Number 1204710, Winnebago County Records being part of the NW 1/4 of the SW 1/4 of Section 22, T18N, RI6E, 6" Ward, City of Oshkosh, Winnebago County, Wisconsin described as follows: 131212836 REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 03/23/2004 01:14PM SUSAN WINNINGHOFF REGISTER OF DEEDS RECORDING FEE TRIINSFER FEE # OF PAGES 17.00 4 Roo,,'" Ac<' NAME AND RETURN ADDRESS ATTORNEY RUSSELL J. REFF P.O. BOX 1190 OSHKOSH. WI 54903-1190 Parcel Identification Number (PIN) Beginning at the Northwest corner of Lot I of said Certified Survey Map; thence NOO'59'06"E 11.31 feet; thence S61°12']3"E 142.66 feet to the right of way line of Lilac Street; thence Southwesterly along said right of way 20.14 feet along the arc of a 50 foot radius curve to the left having a chord ofS28'47'47"W 20.00 feet; thence N61 '12'13"W 132.11 feet to the West line of said Lot I; thence NOO059'06"E along said line 11.31 feet to the point of beg inning. Easement B. A permanent twenty (20) foot wide municipal storm sewer main easement described as follows: The Northerly 20 feet of Lot 2 and the Northerly 20 feet of the Westerly 120 feet more or less of Lot 3 of Certified Survey Map Number 5121 recorded as Document Number 1204710, Winnebago County Records being part of the NW 1/4 of the SW 1/4 of Section 22, T18N, RI6E, 6,h Ward, City of Oshkosh, Winnebago County, Wisconsin described as follows: Beginning at the Northwest corner of Lot 2 of said Certified Survey Map; thence S89°14'28"E along the North line of said Lots 2 and 3 a distance of279.38 feet; thence SOooOO'OO"E 20.00 feet; thence N89'14'28"W 279.64 feet to the Westerly line of said Lot 2; thence NOo059'06"E along said line 20.00 feet to the point of beginning. Easement C. A permanent thirty (30) foot wide municipal sanitary sewer main easement described as follows: The West 18.00 feet of Lot 3 and the East 12.00 feet of Lot 2 in Lot 3 of Certified Survey Map Number 5121 recorded as Document Number 1204710, Winnebago County Records in part of the NW 1/4 of the SW 1/4 of Section 22, T18N, RI6E, 6" Ward, City of Oshkosh, Winnebago County, Wisconsin. A map showing the location of the foregoing easements designated as "Easement Exhibit" is attached hereto and incorporated herein by reference. 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 c¡~ ~~ " . ,- 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 Areas 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 municipal water mains, municipal storm sewer mains, or municipal sanitary sewer mains (including laterals and related facilities installed by Grantee). By acceptance of this grant of Easement, Grantee agrees to indemnify and hold Grantor haTIfÙess fiom 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 from 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 21- day of February, 2004. K& m'ì\'~ By: ~ /1 Steven 1. K ps, eneral Partner By tÞv,t /~~-- Andrewff.Kemps, Gener I Partner 4YC CITY OF OSHKOSH ~ ~CltY Manager ~ Signature(s) of Steven J. Kemps and Andrew K. Kemps authenticated this ~ day of February, 2004. 2 ~. AUTHENTICATION City of Oshkosh Signature(s)of Richard A. Wollanqk City Manager & Pamela R. Ubrig City Clerk,! ...~riœ'" ili;. ~ "'" """," ,,10 cJ. . ,2004. - ~ I M/yr¡/ enson TITLE: EMBER STAT AR OF WISCONSIN This instruanent was drafted by: Russell J. Reff, Attorney-at-Law 217 Ceape Avenue, P.O. Box 1190 Oshkosh, WI 54903-1190 3 ¡ > h ;' ; EASEMENT EXHIBIT SEPTEMBER 11, 2003 CERTIRED SURVEY MAP NO. 5121, 8m WARO, CITY OF OSHKOSH, \\1NN£BAGO COUNTY, \\1SCONSFN EXHIBIT FOR STEVE KEMPS NO, 4008EASE PERMANENT 20 rOOT IIIOE PUBLIC WAro< MAIN EASEMENT "A" 7HE NOR7HERLY 10 FEET 01' LOT I ANO 7HE SOU7HERLY 10 FEET 01' LOT 2 or CERnFlED SUR'lEY MAP NUMBER S121 RECOROED AS OOCUMENT NUMSER 120"'0. IIINNESAOO COUNTY RECOROS BaNG PART or 7HE NW 1/' 01' 7HE SW 1/' or SEC7ION 22, naN, RISE, 87H WARO, CITY or OSHKOSH, ",NNESAOO COUNTY, ",SCONStN OESCRtSED AS rOLL"",,, BEGINNING AT 7HE NOR7H'IÆ$T CORNER 01' LOT I or SAIO CERnAED SUR'lEY MAP-. 7HENCE NOo..'","E 11.JI FE," THENCE S",2'IJ"E "2.66 FEET TO 7HE RIGHT 01' WAY UNE or t./LAC smEET, THEt<CE SOU7H>lfSÆRLY ALONG SA/a RIGHT or WAY 20." FEET ALONG THE ARC 01' A so rOOT RADIUS CUR'IE TO THE LEl'T HA"NG A CHORO 01' S2S"""'W 2O.CO mn 7HENCE N",,"J" 132.11 mr TO 7HE ""ST LINE 01' SAIO LOT Ii THENCE NOO.."""E ALONG SA/a LINE 11.JI mr TO 7HE PO/NT or SEGiNNING. PERMANENT 20 /'OaT IIIOE PUBLIC SANITARY SE\\ER ANa STORM"""'" EASEMENT 'S" 7HE NOR7HERLY 20 FEET or LOT 2 ANO THE NOR7HERLY 20 FEET or 7H£ II£S!ERLY 120 FEET MORE OR LESS 01' LOT J 01' CERnAEO SUR'IEY MAP NUMSER "21 RECOROED AS OOCUMENT NUMBER 120mo, 'MfIIlEBAGO COUNTY RECOROS 8E1NG PART or THE NW 1/' or 7H£ SW 1/' or SEcnON 22. TlBN, R"Eo 8TH WARO, CITY or OSHKOSH, ",NNEBAGO COUNTY, IIISCONSIN DESCRISED AS I'OU.OIIS: SEGINNING AT 7H£ NOR7H""ST CORNER or LOT 2 or SAIO WmAED SUR'lEY MAP, 7HENCE """2S"E ALONG 7H£ NORTH UNE or SAID LOIS 2 AND J A O/STANCE or 279.J8 FEE" THENCE SOO'O'OO'E 20.00 FEE" 7HEIICE NS97.'2S"W 279." FEET TO 7H£ II£S!ERLY LINE or SAID LOT ~ 7HENCE NCO'59'.."!: ALONG SAID UNE 20.00 FEET TO 7HE PO/NT or BEGINNING. PERMANENT JO /'ODT IllDE PUSUC STORM SEWER AND SANITARY SE\\ER EASEMENT "c" ~Pì.8P;s"'o,'W.Kgrlo~Nf¡.sN'DGOTH~J¥ I"f.~'if'tS:'LOT 2 IN LOT J or CERnAED SUR'IEY MAP NUMSER S121 RECORDED AS DOCUMENT NUMSER I2O<"~ IIINNEBAGO COUNTY RECORDS IN PART or 7HE NW 1/< 01' 7H£ SW 1/' or SECnON 22, TlSN, R"E. 87H PERMANEIIT 20 I'OOT II1DE PUBLIC ORAlNAGE EASEMENT "0" 7HE II£ST MD '" or LO'" I ANO 2 IN CERT7f1ED SUR'IEY MAP NO. 5121 PER IIINNEBAGO COUNTY RECOROS AND 7HE EAST 15.CO '" or LOT 1 IN CERnAED SUR'lEY MAP NO. "'8 PER IIINNEBAGD COUNTY RECOROS, IN PART or TI-IE NW 1/' 01' TI-IE SW 1/' 01' SEcnON 22, TIEl/, R"E. 87H WARO, CITY or OSHKOSH, ",NN£8ACO COUNTY, ",SCONSIN. S8914'28"E 171.86 ~ ¡ LOT 4 134.81' 329.83' 134.82' N88'57'4'"W No," ."~- . """,C "ALE ~,. 30 a 15 30 60 0°'" Jo.................... ' ( IN FEET) I Inch = 60 ft. ¡g ,,§ "'<.1 t;o¡ '" ¡:: '" "'~ õ¡ R. A. SMITH ~~g::e~~ng . ASS.CIATlI, INC, vieion 920-231-3119 ," 2J1-9S72 2S50 U"t'aSAL SlREET OSHKOSH, 'M. 5490< 120 I Land Surveying SURV<Y "",,", '" 4008EASE SUR,",Y PROJECT"" 7004W8 '"'"""'RING PROJECT "" DATE' SEPTEMBER 11, 2003