HomeMy WebLinkAbout2024-10-15 Partial Release of EasementPARTIAL RELEASE
OF EASEMENT
The CITY OF OSHKOSH, 215 Church Avenue, Oshkosh,
Wisconsin 54901, a Wisconsin municipal corporation (CITY),
herein takes the following action regarding its interests in
certain real property as identified below
Easement. The City holds a sanitary sewer easement interest in
certain Property.
a. The City's easement interest was obtained through an
easement agreement recorded with the Winnebago_County
Register of Deeds on June 30, 1981, as Document Number
565478. A copy of the easement agreement is attached as
Exhibit A.
.•
REGISTER OF DEEDS
WINNEBAGO COUNTY,
RECORDED.
RECORDING00
PAGES: 8
and Return Address
City Attorney's Office
PO Box 1130
Oshkosh, WI 54903-1130
91219740601,91219740602,
91219740603,91219740604,
91219740605,91219740606,
91219740607
b. At the time the easement interest was granted in the easement Parcel Identification Nu ber (PM
agreement, the parcel over which the easement crossed was not
platted. The parcel was subsequently subdivided through the
Sarres Plat. The Sarres Plat was recorded with the Winnebago County Register of Deeds on
April 27, 2000, as Document Number 1092720, which is located in the southeast '/a of the
northeast '/4 of Section 11, Township 18 North, Range 16 East, City of Oshkosh, Winnebago
County, Wisconsin. A copy of Sarres Plat is attached as Exhibit B. The sanitary sewer
easement granted in the easement agreement was identified on the Sarres Plat, and can be
generally described as extending along the west and south boundaries of the Plat.
2. Complete Easement Property. The complete sanitary sewer easement:
a. As described in the original easement agreement:
The west 30 feet of the north 35 acres of the SE'/4 of the NE A of Section 11, T18N, R16E,
and the north 30 feet of the south 195 feet of the west''/a of the SE A of the NE'A of Section
11, T18N, R16E, and also the west 30 feet of the north 30 feet of the south 195 feet of the
east'/z of the SE'/4 of the NE'/4 of Section 11, T19N, R16E, City (formerly Town) of
Oshkosh, Winnebago County, Wisconsin.
b. As shown in Sarres Plat:
The south thirty (30) feet of Lot 1, and the west thirty (30) feet of Lots 1-7, 11, and 42, and
the west twenty-five (25) feet of Lot 10, Sarres Plat, recorded with the Winnebago County
Register of Deeds on April 27, 2000, as Document Number 1092720, all located in the
southeast''/4 of the northeast '/4 of Section 11, Township 18 North, Range 16 East, City of
Oshkosh, Winnebago County, Wisconsin.
3. Property Subject to Partial Release. The City is not releasing all of its sanitary sewer easement
rights described in the easement agreement and identified in Sarres Plat, both of which are
described in the Complete Easement Property paragraph, above. Instead, this partial release only
applies to the sanitary sewer easement located in Lots 1-7 of Sarres Plat. A map identifying the
Partial Release Property subject to this partial easement release is attached as Exhibit C.
1 Q
Jime 26 2024 5
4. Release. The City of Oshkosh partially releases all right, title, and interest in the sanitary sewer
easement identified and described herein. This partial release only affects the sanitary sewer
easement is located in Lots 1-7 of Sarres Plat. This Release does not include or affect any other
parts of the City's sanitary sewer easement. This Release also does not affect any other easement
agreement, property right, obligation, or encumbrance
5. The City abandons. as -is, and releases all right, title, and interest in any and all of City utilities and
facilities that may remain within the easement property subject to this release. The Property owner
may take any lawful action related to the abandoned utilities and facilities, and hereafter take any
lawful action within the released easement, all at the property owner's discretion and risk.
CITY OF OSHKOSH
QD
By: By:
Mark A.(Rohloff, City Manager Diane* Bartlett, City Clerk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this O _ day of oMbLr , 2024, the above named Mark A. Rohloff and
Diane M. Bartlett of the City of Oshkosh, to me known to be such persons who executed the foregoing instrument
and acknowledged the same, for the purpose herein contained.
-ffiD B04f Ott,
Notary ublic, State of Wiscp9s!�
My Commission expires: 0
Drafted by:
David J. Praska, Deputy City Attorney
Oshkosh, Wisconsin
2
June 26 2024
E A F E MEN T
' //1
THIS INDENTURE, made this _j 16. day of L , 1981,
by EVA SARRES, 2449 Jackson Street, Oshkosh, Wisconsin, Grantor, and the
CITY OF OSHKOSH, a municipal corporation located in Winnebago County,
Wisconsin, 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 constructing, maintaining, repairing
and operating thereon a sanitary sewer, over and through and upon that
certain tract of land situated in the Town of Oshkosh, Winnebago County,
Wisconsin, and described as follows:
The west 30,feet of the north 35 acres of.the
SE 1/4 of NE 1/4 of Section 11, T18N, R16E, and
the north 30 feet of the scuth 195 feet of the
west 1/2 of the SE 1/4 of NE 1/4 of Section 11,
T18N, R16E, and also the west 30 feet of the
north 30 feet of the south 195 feet of the east
1/2 of the SE 1/4 of NE 1/4 of Section 11,
T18N, R16E, Town of Oshkosh, Winnebago County,
Wisconsin.
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
Grantee obligates itself to pay to Grantor, her successors and assigns,,!'.
all actual damages caused by reason of the installation, operation,
repair, or removal of said -sanitary sewer for the installation and
construction of a subsequent sanitary sewer through said property.
IT IS FURTHER MUTUALLY AGREED that no building, tree or
other substantial or permanent structure'shall be placed upon said
�Q:x� F{M:ew •.
-2-
IT IS FURTHER MUTUALLY AGREED that should the Grantor desire
to hook on to said -sanitary sewer, the assessment shall be'equal to
the assessment rate effective in the City of Oshkosh on the date of
the granting of this easement, which rate is 05G per square foot or
$6.00 per running foot. Provided however, that Grantee as further
6onsideration of the granting of this Easement may connect one lot
t to exceed 90 feet in length to said Sanitary Sewer at no cost.
The Grantee hereby releases the Grantor from all debts, claims,
:remands, damages, actions and causes of action whatsoever which may
:`result from said easement heretofore granted by Grantor, and further
sar gees .to hold the Grantor free and harmless from any claim for damages
ich may be made by reason of damages or injury to persons or property
Coriiiected therewith.
f:'::;• Grantee herein, upon exercising rights granted herein, will
rstrp•the black dirt, store same while construction is taking place
on completion of construction, will replace the black dirt.
IN WITNESS WHEREOF, said Grantor has hereunto set her hand
on ;the day and year first above written.
XJ
EVA SARRES Grantor
SLATE OF WISCONSIN
ss
.COUNTY OF WINNEBAGO ) n
Personally came before me this day of
'the above named EVA SARRES, to me known to be the person who ex cuted the.'•':;:
'foregoing instrument and acknowledged same.
.003 or:_i;:;..
iF
\ �NOTAR /AUBBIC
Winne ago County, Wisconsif�,
i My Commission
z. J•w
!i'HIS INSTRUMENT DRAFTED BY:
'bHN W. PENCE, OSHKOSH CITY ATTORNEY
�iN W. PENCE, City
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SECTION 11
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SE OF
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4 �
CITY OF OSHKOSH
s SANITARY SEWER EASEMENT
PARTIAL RELEASE
Z
EXHIBIT C (1 of 1)