HomeMy WebLinkAboutEnroachment Agr/2390 Hickory Ct
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Encroachment Agreement
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REGISTER"S OFFICE
VIHHEBAGO COUNTY~ VI
RECORDED ON
Document Number
05/23/200'5
12:57PM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FéE
fAANSFfR FEE
# OF PABE5
17.00
"
Recordim! Area
Name and Return Address
City Attorney's Office
Oshkosh, WI 54902-1130
1526191500 - - .
Parcel Identification Number 1526191500
CITY OF OSHKOSH
AND
PROPERTY OWNER
This document drafted by Lynn A. Lorenson, Assistant City Attorney
1;
AGREEMENT
WHEREAS, Steven T/Tracy L Zangl are the fee owners of 2390 Hickory Ct as
described as lot 302 of the 11th Addition to North Point Plat, Part of GL4 of Section 7,
T18N, R17E, City of Oshkosh, Winnebago County, Wisconsin; and
WHEREAS, an easement has been dedicated to the City of Oshkosh over such
parcel for public drainaqe purposes; and
WHEREAS, Steven T/Tracy L Zangl desire to place an obstruction over such
easement as follows:
A private deck to be constructed off the south end of the existing home at
2390 Hickory Court. A portion of the proposed deck will encroach into an
existing City of Oshkosh drainage easement located along the south property
line. The bottom of the proposed deck to be constructed within the easement
shall be constructed at a minimum of eight (8) inches off the ground, to allow
for the free flow of water through the existing drainage easement. The
property owner shall be responsible for maintaining the deck and removing
any obstructions to allow for the continued free flow of water under the
proposed deck.
and
WHEREAS, the City of Oshkosh Department of Public Works has reviewed this
request and the City of Oshkosh is willing to allow the placement of the requested
obstruction subject to certain conditions.
NOW, THEREFORE, in consideration of the City of Oshkosh, a Municipal
Corporation granting permission to the undersigned property owner to place an obstruction
within the easement area described above, the undersigned property owner agrees that
he/she/it is solely responsible for his/her/its activities under this agreement. The
undersigned property owner hereby releases the City of Oshkosh from all debt, claims,
demands, damages, actions and causes of action whatsoever which may result from the
placement of an obstruction in the City of Oshkosh drainaqe easement by the undersigned
property owner. Further, the undersigned property owner agrees to protect and hold the
City of Oshkosh harmless against all actions, claims and demands of any kind or character
whatsoever which may in any way be caused by the activities under this privilege by the
undersigned property owner or agents or employees. Further, the undersigned property
owner agrees to indemnify and refund to the City all such sums which the City may be
obligated or adjudged to pay, including the City's attorney fees and costs, on such actions,
claims or demands within 30 days after written request for such indemnification. The
undersigned property owner agrees that this paragraph is to be liberally construed in favor
of the City of Oshkosh, in consideration of the privilege granted by the City under this
agreement.
The undersigned property owner acknowledges that the e,asement area is subject to
maintenance, repair or replacement and any obstructions placed by the undersigned
property owner pursuant to this agreement may be damaged. The undersigned property
owner acknowledges and agrees that any additional expenses incurred by the City of
Oshkosh in the removal of the obstruction, repair or replacement, or damages to the
obstruction will be at the sole expense of the undersigned property owner. The
undersigned property owner further agrees that there is no obligation by the City of
, .. Oshkosh to repair or replace any damaged property due to the exercise of easement rights
by the City of Oshkosh. The undersigned property owner agrees to protect and hold the
City of Oshkosh harmless against all actions, claims and demands regarding damages to
property within the easement area which may arise due to the City of Oshkosh's exercise
of its easement rights.
Notwithstanding any other covenant or agreement, the covenants, rights, privileges,
benefits and obligations created hereby shall run with the land and inure to the benefit of,
and be binding upon, the parties hereto, their successors, tenants, subtenants, licensees,
and assigns.
Dated this ~ '1
day of
Æp,., I
, 2005
Name of Individual to whom right is granted
m",Xlfx8stllm1d ....-111111 ¡ 8111111
By:
~~M
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Name and Title:. .. .-=- T. z,..,,1
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY)
Pe~~o~ ~me before me this 2'1 day of fJrr(LIL , 20oS:the above-
named J If! I, Z4-~M'L and ~3i L. Ù...':>GL- to
me known to be the person(s) and officer(s) who exe uted the foregoing document on
behalf of said Name 0 ndividual to whom right is granted and acknowledged the same.
Co., Wisconsin
Notary Public, (,.J, ,.)¡.J'œ
My Commission: F/p/~
ATE OF WISCONSIN)
)
)
SS.
Personally came before me . day of , 2004, the above-
named of the City of Oshkosh, a municipal
corporation, to me known to be the person who execu foregoing instrument, and to
me known to be such officer of said corporation, and acknowle g t they executed the
foregoing instrument as such officers as the deed of said corporation, by I thority.
Notary Public, Winnebago Co., WI
My Commission expireslis:
Continued on following page ----
Page 3 to Encroachment Agreement between Steven T. & Tracy L. Zangl and
the City of Oshkosh
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY)
Persorally came before me this ~ day of . m1;t;: ,2005, the above-
named' . ð tl ' . .tAl(J ttand :Pærrte/t:t R. UY',..,'C>., C::/rt C-{er k of
the City of Oshkosh, a mu clpal orporation, to me known tc:f1~he person who
executed the foregoing instrument, and to me known to be such officers of the City of
Oshkosh, and acknowledged that they executed the foregoing instrument as such
officers by its authority, for the purpose therein contained.
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Notary Public, Winnebago Co., WI;~ if I ... j <"'/..<;;
My Commission expires~ /-[1 ~ifl'P~:, :,", '.
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