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Home My WebLink About04-447.doc DECEMBER 14, 2004 04-447 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN PURPOSE: INITIATED BY: ACCEPT EASEMENTS: (A) OSBORN AVENUE (B) 206 GUENTHER STREET (C) W. 9TH AVENUE & S. WESTHAVEN DRIVE DEPARTMENT OF PUBLIC WORKS PLAN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 easements from the following and to execute any and all documents necessary for purposes of same. (A) Osborn Avenue, on property commonly known as 1325 Georgia Street; Plymouth Congregational Church, owner Storm sewer easement, per the attached "Exhibit A" (B) 206 Guenther Street; Steve Faust, owner Storm sewer easement, per the attached "Exhibit B" (C) W. 9th Avenue & S. Westhaven Drive; Mercy Medical Center, owner Pedestrian easement and drainage easement, per the attached "Exhibit C", with the condition that the drainage easement terminate at the property line along W. 9th Avenue. IIEXHIBIT A" Easement Dotmlltllt Number THIS INDENTURE, made this /.-$ ~ day of 2004, , by PLYIVIOUTH CONGREGATIONAL CHURC , Grantor, and CITY OF OSHKqSH" a municipal corporation, located in Winnebago Co.unty, Wisco.nsin, Grantee, WITNESSETH: IN CONSIDERATION of the s,um o.fO~e Do.nar ($1.00) and o.ther go.o.d and valuable co.nsideratio.n'paid by the Grantee, the receipt o.fwhich is . hereby ackno.wledged, the Grantor does hereby give and grant unto. the ' , Grantee, its successo.rs and a,ssigns, an easement fo.r sto.rm sewer o.ver, upon and under pertain tracts o.f land situated in the City'oi Oshko.sh, Winnebago. Co.unty, Wisconsin; and described as fo.llo.ws: Recordiu2 Area No,lI" and Return Add..... City Attorney's om.. Oshkos Wl54903-1130 .' Pt.1306980Z00 Patto.fthe SW y. o.fthe NW Y4 o.fSection 26, To.wnship 18 No.rth, R¡mge 16 rarcelldelltlfieatlooNomber :(l'IN) East, in the 131\1 Ward, City o.fOshkosh, Winnebago. Co.unty,Wisco.nsin, co.mmencing a,t the no.rtheast co.rner o.f Lot 2 Certified Survey Map No.. 3680, also. being the southwestco.rner of Geo.rgia Street and Osbo.rn Avenue; thence N. 89°26'00" W., 10.00 feet alo.ng the So.uth line o.fOsbo.rnAvenue to. the b:ue po.int o.fbeginning; " thence S. 00°34'00" W., 10.00 feet; thence N. 89°26'00" W., 20.00 feet; thence N. 00°34'00" E., 10.00 feet to. a po.int on the so.uth line o.f Osborn Avenue; thence S. 89°26'00" E., 20.00 feet along said so.uth line o.f Osbo.rn Avenue to. the true Po.int o.fbegitU1Î.ng. " Said parcel co.ntains appro.ximately 200 square feet. , Upo.n exercising any o.f tþ.e rights herein granted, Grantee shall cause the pro.perty, so.il and grass to. be repaired and replaced in a eoilditio.n similar to its conditio.n immediately. prio.r thereto, and o.bligates itself to. pay to. , Granto.r, its successo.rs, and assigns, all actual damages caused by constructio.n o.f the storm. sewer aver, undet and upo.n said pro.perty. IT IS FURTHER MUTUALLY AGREED that no. building o.r ather substantial o.r pe_eot structure shall be placed upo.n said pro.pel"ty by the, Grantor. . ' . The' Grantee releases the Granto.r fro.m all debts, claims, de.t,nands; damages, actio.nS and causes of actio.n whatsoever which may result fro.m said easement hereto.fore granted by Grantor, and further agrees to. ho.ld the Gi:anto.r free and harmless from any claim far damages which may be made by reaso.n of damages or injury to. perso.ns o.r property qonnected therewith. ' IN WITNESS WHEREOF, said Granto.r has hereunto. set its hand and seal the day and year first above written. " ' :PLYMOUTH CONGREGATIONAJ.. CHURCH By~ð~~ ~ ,Lv;;~ Ken Walters, Trustee Board Member ACKNOWLEDGMENT, , STATE OF WISCONSIN) )~ ' WINNEBAGOCOuNTY) . . !;t'~ ' , . Personally came befo.re me this j?'- day of -,2004, Ken Walters, Trustee ~oar.d Member of 1'IYlllouth Congregatiollal ChllrclJ., to me known to be ~e pe .and officer who execu~e~ the fo.~ego.mg IIlStrUInent and ackno.wledged that he executed the same as such officer by lts autho.nty, for the purpose thclem co.ntatl1ed. , '~}n,..~ -/. " No.tary Public, ViiIJl\.ebÏ't COlmty, WI My CoDllniasion: II ð-7/ as- ~, .. l1\is instrument draftw by: Lynn A. Lorenson, Ass!. City Attorney Oshkosh, WI 54903-1130' ' OSBORN AVE. ŒÐ 20.00' S89'26'OO"E 10.00' NOO'34'OO"E lOT 2 CSt.! 3680 PARCEl No.. 13-0698-0200 OI'MER: PlYMOUlH CONGREGATIONAl. CHURCH 00 r CITY OF OSHKOSH ENGINEERING DIVISION FILE NAME I DRAWN 4-14-2004 GRAPHIC 0 25 50 I . i SCALE: (IN FEET) 1 INCH - 50 m:r 10.00' SOO'34'oo"W ~ (/) « C) ~ a w C) OSBORN AVE. STORM SEWER EASEM EN TS N . rn >< :J: ....... 0:1 ....... -i )::> (') 0 :::¡ rl- Cl. "EXHIBIT BII Easement Document Number TIllS INDENTURE, made this IS!: day of. 2001, b STEVEN F. FAUST, Grantor, and CITY OF OSHKOSH, a municip corporatión, located in Winnebago County, Wisconsin, Grantee, WITNES SETH: 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 stòrm. sewer ease- ment over, under and upon certain tracts of 1and situated in the City. of Oshkosh, Winnebago County, Wisconsin, and descn"bed as folloWS: . ' Recordin~ Area Name and Return Address City Attorney's Office Oshkos WI54903-1130 - - 06-0756-0100 Parcelldendfication Number' (PIN) .The West 15 feet of the North 10 feètofLot7 G.C. Bent's' SUbdivision, Block 2, in the Northeast 1/4 of the Southeast 1/4 of Section 22 , Township 18 North, Range 16 East, Sixth Ward, City ofOsbkosh, , Winnebago County, Wisconsin Said parcel contains 15.0 square ~eet, all lying East of the Easterly right-of-way line of Guenther Street. , 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 storm sewer through said property. ' , , IT IS FURTIffiR MUTUALLY AGREED that no building or other substantial or permanent structure shall be placed upon said property by thè Grantor. ' The Granted releases the Graritor 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 property connected therewith. , . IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above ~tten. ,~~_?J','" Steven F. Faust STATE OF WISCONSIN ) ) SS, WINNEBAGO COUNTY) , Personally came before me this /.f1:: day of ~~ . 200f the above named Steven F. Faust, to me known to be the persons who execu1ed the rore~ ~ ~ ~e same. ' ~. / , , Notary Public, Winnebago County, Wisconsin My Commission expireå': II/;},,? j ()~ ' ,£; . This instrument drafted by: Attorney Warren P. Kraft . . OshkOsh. WI 54903-1130 WITZEL AVE. ¡-: (j) 0::: W I \- Z W :::) G 15' b ~ ~ ~ LOT 7 G.G. Bent's Subdivision Block 2 Owner: Steven F. Foust Parcel N: 06-0756-0100 DUf?F'('(' ,< V( CITY OF OSHKOSH ENGINEERING DIVISION FILE NAME DRAWN 206 Guenther 7-8-200.3 storm easement GRAPHIC ï ~ ï SCALE: (IN FEET) 1 INCH - 50 FEET ~ ¡-: (j) 0::: W \- (j) 0 l.L - rn >< ::¡: ........ CD ...... -I CD (") 0 :::I ;+ 0.. STORM SEWER EASEMENT 206 GUENTHER ST. ,---,--' .._-, õ -- -'- - -- -_..- -"'- - i '-'--------" \ \ --'-'-"--.......-'.' I ! I '---, \