HomeMy WebLinkAboutAir Rights Easement
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Document Number
Document Title
:1323069
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
08/05/2004 10:12AM
SUSAN WINNINGHOFF
REGISTER OF DEEDS
RECORDING FEE 11.00
TRANSFER FEE
It OF PAGES 1
Air Rights Easement
This AIR RIGHTS EASEMENT AGREEMENT is made and entered into
by and between THE EXCLUSIVE COMPANY, ("Company"), with its
principal offices located at 416 N. Main Street, Oshkosh, WI 54901, and the
City of Oshkosh, a Wisconsin municipality, ("City"), with its principal
offices located at 215 Church Avenue, P.O. Box 1130, Oshkosh, WI 54903-
1130.
WHEREAS, the City of Oshkosh owns the Washington Avenue parking
lot, generally located at the southwest corner of Washington Ave. and State
St., in the City; and
Recording Area
Name and Return Address d~
I City Attorney's Office
Oshkosh, WI 54903-1130
WHEREAS, The Exclusive Company plans for a renovation of its
downtown facility, which includes an entrance located on the east side of its
building at 318 N. Main Street, and said plans require a no-building
encroachment easement, on the northwest corner of the Washington
Avenue parking lot, described as follows:
902-0076-0100
Parcel Identification Number (PIN)
The West 36.0 ft. of the North 67.46 ft. of Lot "0" in H. Priess
Addition, in the 2nd Ward, City of Oshkosh, Winnebago County,
Wisconsin, excepting therefrom the South 12.0 ft. of the North
37.48 ft. of the West 6.0 ft. of said Lot "0".
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration
paid by the respective parties, the receipt of which is hereby acknowledged, the parties agree as follows:
1. The City covenants to The Exclusive Company that no building shall be constructed within the above described
premises.
2. This Agreement shall be recorded and shall be construed as a covenant running with the land. This
Agreement shall inure to the benefit of, and be binding upon the parties and their respective successors,
grantees, lessees and assigns forever, and is not intended to create any benefit to anyone not an express
party to this Agreement. Notice of assignment of this Agreement will be given to the other party, who must
consent in writing within 14 calendars day of the notice; such consent shall not be unreasonably withheld.
Upon assignment and acceptance by an assignees and consent of the other party, the assignor shall have
no further obligations under this Agreement.
3. This Agreement shall terminate if the building at 318 N. Main Street is removed or the fire wall penetration
sealed per the State of Wisconsin Building Code.
4. All notices concerning this Agreement will be in writing and sent by regular or certified mail, or personally
delivered, to the parties at their respective addresses listed above, or such other address as the respective
party may provide in writing.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates written below and, by
so executing, each of the parties warrants that it ssesses full right and authority to enter into this Agreement.
ACKNOWLEDGMENT
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STATE OF WISCONSIN)
WINNEBAGO COUNTY
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