HomeMy WebLinkAboutEnroachment Agr/1216 Fairfax St
'-"
~.
Encroachment Agreement
"
1.355809
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
Document Number
OS/23/2005 12: 57PM
JULIE PAGEL
REGISTER OF DEEDS
~CORD1N6 F8:
TRANSFER FEE
I OF PAGES
17.00
4
Recordin!! Area
Name and Return Address
Ii
City Attorney's Office
Oshkosh, 'Wi 54902- í j 30
1342500800
Parcel Identification Number 1342500800
CITY OF OSHKOSH
AND
PROPERTY OWNER
This document drafted by Lynn A. Lorenson, Assistant City Attorney
1~
,-
AGREEMENT
WHEREAS, Brian A/Sheryl Fink are the fee owners of 1216 Fairfax Street as
described as lot 22 of the 1st Addition to Pheasant Creek Farms, Part of the NoW. ~ of the
N.E. ~ of Section 29, T18N, R16E, City of Oshkosh, Winnebago County, Wisconsin; and
WHEREAS, an easement has been dedicated to the City of Oshkosh over such
parcel for public drainage purposes; and
WHEREAS, Brian A/Sheryl Fink desire to place an obstruction over such easement
as follows:
A private fence to be constructed along the property lines within the western
half of the property at 1216 Fairfax Street. A portion of the proposed fence will
encroach into an existing City of Oshkosh drainage easement that lies
approximately fifteen (15) feet west of the east property1ine. The portion of
the proposed fence to be constructed along the north and south proparty
lines shall be constructed to allow for the free flow of water through the
easement and property. Examples of the fence types to be allowed for
construction that will not block or hinder the flow of storm water drainage
include split rail, chain link, and board on board (bottom board of the fence
must be a minimum of 8" off of the ground). The property owner shall be
responsible for maintaining the fence and removing any obstructions to allow
for the continued free flow of water through the proposed fence.
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/shelit 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 easement 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
åbstruction 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 J<b day of ~, 200Ø;;
Name of Individual to whom right is granted
~~fJ_t1I}(~
By:
U< J (};) h,; k
Name and Title: f"r¥~-{~ Ù'V'n~
S\ ()Á-U ~
Name and Title~
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY)
Personally came before me this J &' day of ~~ ,2006, the above-
named fJJrl'c.r'1 en}( and §À ~J ~ Fin/<.. to
me known to,!? the person(s) and officer(s) who exec ted the foregoing document on
behalf '&WSfF.f~ f Individual to whom right is granted and acknowledged the same.
~ ,\'\ --'-'.. ,'(,(',,"
,"'"","" \,'> "
«v ~OT y, ,9
Co., Yvisconsin
My
F WISCONSIN)
)
SS.
Personally came before me this , 2004, the above-
named , e City of Oshkosh, a municipal
corporation, to me known to be the person who executed e oing instrument, and to
me known to be such officer of said corporation, and acknowledge ey executed the
foregoing instrument as such officers as the deed of said corporation, by its rity.
Notary Public, Winnebago Co., WI
My Commission expires/is:
===CONTINUED ON FOllOWING PAGE ---
",.' .
, .
Page 3 to Encroachment Agreement between Brian A. & sheryl L. Fink and
the City of Oshkosh
~
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY)
Personally came before me this & ,~ daY. f ,200 , the above-
named ~k (j)olJ.~ ~ ~ and ~ -. ~ of
the City of Oshkosh~ a mu cipal rp ration, to me known to b t e erson who
executed the foregoing instrument, and to me known to be such, officers of theCity of
Oshkosh, and acknowledged that they executed the foregoing instrument as such
officers by its authority, for the purpose th~ntaine(l "
~' -f'~.(,it:., <;ì'\O'JS
¿;;:;' ~(,;", ,,""""""
'" ." ";) \',
Notary Public, Winnebago Co., WI; ,/ ¡), '::
My Commission expiresmr. tt - F'; ;;Jl(Yi!{,þ<;'"
:, ~ft:,:, V,:" >.
'" v'.'
, '""',