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Home My WebLink About04-399.doc NOVEMBER 9, 2004 04-399 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN PURPOSE: INITIATED BY: ACCEPT EASEMENTS: (A) LOUISE COURT AND KEENVILLE LANE (B) HOMESTEAD DRIVE AND HUNTERS PLACE AREA DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to accept utility easements from the following and to execute any and all documents necessary for purposes of same. (A) Louise Court and Keenville Lane; Richard & Patricia Braasch, owners Per the attached "Exhibit A" (B) Homestead Drive and Hunters Place Area; John and Hazel Hogan and Thomas Rusch, owners Per the attached "Exhibit B" Easement IIEXHIBIT All Document Number " Document Title" THIS INDENTURE, made this - day of , 2004, by RICHARD L.BRAASCH AND PAT BRAASCH, Grantor, and CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, """ WITNESSETIl: 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 sanitary sewer and water main over, under and upon certain tracts of land situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: Recordiot Area Name and Return Address City Attorney's Office Oshkosh, WI 54903-1130 15-5001-0000 That part of Lot 2 in Certified Survey Map No. 5160"in the 15th Ward, City of Parcel Identification Number (pIN) Oshkosh, Winnebago County, Wisconsin, bounded and described as follows: Commencing at the SE comer of said Lot, thence North 89°44'03" West along the South line of said Lot 150.90 ft. to the point of beginning of the easement to be described, thence continuing North 89°44'03" West along said line 20.00 ft., thence North 00°02'08" West 169.72 ft., thence South 89°58'12" West 21.01 ft., thence North 00°02'08" West 30.00 ft. to a point on the North line of said Lot, thence North 89°58' 12" East along said North line 60.00 ft., thence South 00°02'08" East 30.00 ft., thence South 89°58'12" West 18.99 ft., thence South 00°02'08" East 169.82 ft. to the point of be ginning. 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, it successors and assigns, all actual damages caused by repair, installation, operation, repair or removal of said sanitary sewer and water main . through said property. IT IS FURTHER MUTUALLY AGREED that no improvements by Gratitor are allowed within areas reserved for public utility easements. Improvements include, but are not limited to, building structures, driveways, parking areas, landscaping or fences. Any improvement shall be allowed only by special exception of the Board of Public Works. The Grantee releases the Grantor ftom all debts, claims, demands, damages, actions and causes of action whatsoever which may result ftom said easement heretofore granted by Grantor, and further agrees to hold the Grantor ftee and harmless ftom any claim for damages which may be made by reason of damages or injury to persons or property connected therewith. ct::j:? - / ~ ~/TN~~, said Grantor has hereùnþ ~t7.d ~~year first above written. ~. Braasch " Pat Braasch " STATE OF WISCONSIN) WINNEBAGO COUNTY) " ) SS, Personally came before me this 1!5.- day of ~ '"~ 2004, the above named Richard L. Braasch and Pat Braasch, to me known to be the persons who execut\:;d the foregQ~~' .instrument and acknowledged the same. ~ .h'1. ~ ,'," .; .'. / Notary Public, Winnebago County, Wisconsin My Co~~si{)n expir~ I~/d.:" I ()~ . . This instrument drafted by: Attorney Lynn A. LOrenson Oshkosh, WI 54903-1130 ""; . , " "..."....." ." IIEXHIBIT All conti d . EXHIBIT DESCRIPTION FOR A PUBUC SEWER AND WA TER EASÐJENT THA T PART OF LOT 2 IN CERTIFIED SURVEY MAP NO. 5160 IN THE 15TH WARD, CITY OF OSHKOSH, WlNNEBAGO COUNTY. WISCONSIN, BOUNDED AND DESCRIBED AS fOLLOWS: . COMMENCING AT THE S.E. CORNER OF SAID LOT, THENCE NORTH 89'44'03" WEST ALON(; THE SOUTH UNE OF SAID LOT 150.90 FT. TO THE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED, THENCE CONTINUING NORTH 89'44'03" WEST ALONG SAID UNE 20.00 FT., THENCE NORTH 00'02'.08" WEST 169.72 FT., THENCE SOI)TH 89'58'12' WEST 21.01 FT., THENCE NORTH 00'02'08' WEST 30.00 FT. TO A POINT ON THE NORTH UNE OF SAID LOT. THENCE NORTH 89'58'12" EAST ALONG SAID NORTH UNE 60.00 FT., THENCE SOUTH 00'02'08" EAST 30.00 FT., THENCE SOUTH 89'58'12" WEST 18.99 FT., THENCE SOUTH 00'02'08" EAST 169.82 FT. TO THE POINT OF BEGINNING. DESCRIPTION FOR PAT BRAASCH NO. 2587J SEPTEMBER 30, 2004 01 0 5'....... n . .;rz ";:1 õ!:l Oo,J ... :+ 0 .C) t-.);::o 01> 01-0 0:1: Õ 8(1) n > r- r'1 t-.) 0 0 ~ ~ C.T.H. ';A" (80') ---------- - I~..... I",~ .1"... õ Ip "" !!! ,~ ,~ NOO'O2'SJ"W 173"3.7'- - !!I !IJ "L '\ ~ _RJ~OF~Y- I fö~ 1~~ ~I SUR\£}' No. 5160 ~.I 80.3' ~ I: 49.5 I ~ 198.94' "I. NoO-=Ö2'10.W- -1 ~I ~ ~ tì --'I~ ( II~ I I t>:.i . tll~ I I ~ I 5U' lit 1-- 1 I ~ I.. I I t>:.i I~ Hi I~ I~ I I ~ L...- .., - ...-. ..~...- ..) Noo'O2'OS'W I ......:: I.. 5 ~ I JO.OO' p ø;.. t; - - 1 ~ It¡ ~. '- - - - I ~ N00'02'OB"W 159.72' ~ OJ i LOUISE I ~ 2o.oo~.~~'-", I&~ COURT (60') I ~I '" SOO'O2'~ ~ '" --:¡:.=-..=-=--=- ~ ll> i!~~¡,; P - .- I I. - ¡'P . !iI i!E t:i~ t¡ I Soo'02'O8"£ I r--!:-~-"'- ~1iI'Ii_...'. JO.OO' I 8 I.. ....~~' Î I I~ Iii I~ ~I I I~ ~I I - ¿0~2'26'f.. 2~.60' J S.E'. CORNER Of" I I LOT 2 IN ŒRTJRED SUR\£}' No. 5160 I I I ~I~ I ~I~ I I I I I L- ---- mGH!2' w~ - - - - - - -LJNEOAÐ (60') L--- - BAY --~----=--.:- lIARBOR ---,---- - - - - - ::-~:. - - - - ¡ National Survey & Engineering ~ 0;. , ~ Telephone 920-233-2884 ~ Facsimile FsstFu1~ Street ~ŒM~ ~ 2004 ~I'II ~~ M9O4 NO. 2S87J ~Iill :1:: Easement IIEXHIBIT BII Document Number Documellt Title THIS INDENTURE, made this ßtb... day of S<f4~..u- . 2004, by John Jerome Hogan and Hazel Lorene Hogan, Grantors, 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 construction, maintaining, and repairing a water main way upon certain tracts of land situated in the Town of Algoma , Winnebago County, Wisconsin, and described as follows: RetOrdlll~ Area Name aIld Retllrll Address City Attorney's Office Oshkosh WI 54903-1130 002034036 Parcel Idelltlficatloll Number (PIN) A part of the North 1/2 of the NE 1/4 of Section 29, Township 18 North, Range 16 East, Town of Algoma, Winnebago County, 'Yisconsin described as follows: Commencing at a point on the north line of Homestead Drive that is 1355 feet east of the east line of said NE 1/4 and 355 feet south of the north line of said NE 1/4; thence east 30 feet along the north line of Homestead Drive; thence northwesterly to a point that is 1355 feet east of the east line of said NE 1/4 and 325 feet south of the north line of said NE 1/4; thence south 30 feet along a line 1355 feet west of the east line of said NE 1/4 to the point of beginning. Said easement contains approximately 450 square feet. 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, including the installation of sod, and obligates itself to pay to Grantor, it successors and assigns, all açtual damages caused by repair, installation, operation, repair or removal of said water main through said property. IT IS FURTIlER MUTUALLY AGREED that no building or other substantial or permanent structure shall be placed upon said property by the Grantor, 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 prop~ connected therewith. y and year first above Jo STATE OF WISCONSIN) WINNEBAGO COUNTY) ) SS. Personally came before me this ~ day of Sepk..",b..u . 2004, the above named John Jerome Hogan and Hazel Lorene ~ tQ fD.e known to be the persons who executed the foregoing instrument and acknowledged the same. .'~p... p.. WI;'.. A (l r.r~ n "~~""""""""p~\ ,.)lJ\..t..M... . J( iff.:<p-f~ . £tlJ""~OTARY""Y ':. 0 - I- : ., ~ . Notary Public, Winnebago County, WI ~ (J' \. PU~C .J ~ Ê My Commission: .3-bL-.;\DO lP . /- '. ..' ~ . ";?~/""""'~I;;)~ .: ".,OF W\ß ...' Thisinstnunentdrafted'¡,ý..' , ..' Warren P. Kraft, City Attorney Oshkosh, WI 54903-1130 Easement. IIEXHIBIT BII cont'd Document Number Document Title THIS INDENTURE, made this - day of , 2004, by Thomas N. Rusch, Grantor, and the CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, WITNESSETH: IN CONSIDERATION of the sum or 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, maiiltaining, and repairing a water main way upon certain tracts of land situated in the City o~ Oshkosh, Winnebago County, Wisconsin, and described as follows: Recordint Area Name and Return Address City Attorney's Office Oshkos WI 54903-1130 13-4250-0101 Parcel Identification Number (PIN) The north 60 feet of Outlot 1 in the First Addition to Pheasant Creek Fann Plat adjacent to Lots 7 and 8 of the Pheasant Creek Fann Plat in the NW 1/4 of the NE 1/4 of Section 29, Township 18 North, Range 16 East, 13th Ward, City of Oshkosh, Winnebago County, Wisconsin. Said easement contains approximately 1826.83 square feet. 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, including the installation of sod, and obligates itself to pay to Grantor, it successors and assigns, all actual damages caused by repair, installation, operation, repair or removal of said water main through said property. IT IS FURTHER MUTUALLY AGREED that no building or other substantial or permanent structure shall be placed upon said property by the Grantor. The Grantee releases the Grantor ftom all debts, claims,. demands, damages, actions and causes of action. whatsoever which may result ftom said easement heretofore granted by Grantor, and further agrees to hold the Grantor ftee and hannless ftom any claim for damages which may be made by reason of damages or injury to persons or property connected therewith. IN WITNESS WHEREOF, said Grant has written. d eal the day and year first above STATE OF WISCONSIN) WINNEBAGO COUNTY) ) SS. Personally came before me this /7 ~ da~y~'~, 2004, the above named Thomas N. Rusch, to me known to be the persons who executed th oregoing instrument and acknowledged the same. ..~m.,~ . / N. otary Public, Winnebago County, WI j; , MyCommission~~ 111d.: ~S:- This instrument drafted by: Warren P. Kraft, City Attorney Oshkosh, WI 54903-1130 31.24' 'tJ' ~ .. Is ~ Is ~ !1 ~ 120.0' 120.0' 231.20' W.9T 110.00' 100.00' 102.30' 3041 ~o ~N ~a- 8 ~ 8 ~ 8 ~ 8 ¡i 110,00' II\!I 0 (:I:) £" .. '" 111.00' I~ - 4z $"0 -d '0 \ ~I~ 153,00' - M.O' 40.0' b ~ V"I'=! ~:a 153.S5' b Ii ~ ¡j 2976 153.15' 132.03' 2955 s ~ {;; I~ ~ ~ . 13 ~ 132.03' 2958 ~ 35.00' 121.20' 2959 t! ~ ~ 119.39' ~ .. 18 ~ g !;I ~ ¡¡¡ rl ¡ S :j ~ 00.00' . --~ 0 bV"l gr-- ~ 153.72' 100 ";'00 ~r-- 153.70' 200.9" 2923 I 2940 2924 b ~ ~ ~ .. ;!j .. ~ ~ 2900 8M' 2880 120.0' 83.0' 104.0' 2905 2899 - IT1 X :J: ...... CC ...... -i ~ ~ I 18 ~ 83.0" cc 183.49' II1II = fIIllI () 0 :::¡ ~ 0. III I 2912 2896 2 HOMESTEAD DR. 134.80' 2943 i.; ~ 13$.18' 80.00' 80.00" I ~- 100.0" 2915 2905 2891 ¡;¡ ~ I 100.0" 'ëõ:õa . 80.00" ey.