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HomeMy WebLinkAboutEnroachment Agr/3120 Quail Dr ~ , . ,"",1'1, Encroachment Agreement 133øaaG REGISTER.S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 10/12/2004 10:25AM SUSAN WINNINGHOFF REGISTER OF DEEDS RECORDING ÆE 15.00 TRANSFER FEE t OF PAGES 3 Document Number Recordin¡¡ Area Name and Return Address C-"" 0- f~ City Attorney's Office Oshkosh, WI 5490, -1130 018-0057 (part) Parcel Identification Number 1416760100 CITY OF OSHKOSH AND PROPERTY OWNER This document drafted by Lynn A. Lorenson, Assistant City Attorney ¿'- I AGREEMENT , " ""'~- WHEREAS, Pawel Galazka is the fee owner of 3120 Quail Run Drive as described as lot 19 of the First Addition to Quail Run Farm Subdivision, Part of the S.W. %ofthe S.E. % of Section 20, 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 drainaqe purposes; and WHEREAS, Pawel Galazka desires to place an obstruction over such easement as follows: Concrete pool deck and fence to be constructed off the southeast corner of the house. A portion of the concrete pool deck and fence will encroach into the City of Oshkosh 20' drainage easement along the south property line. The encroachment shall not exceed a distance of seven (7) feet measured from the north line of the existing 20' drainage easement. The concrete pool deck shall be constructed as a slab on grade with no foundation. 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 d rainaqe 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 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 " ~ ~ t, 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 $;-' day of .. ,2004. Name of Individual to whom right is granted City of Oshkosh By: i:tú ;j¿h/ ¡/ff1 ,ø4WE¿ G-4LA2'K/:? klJ Richard A. Wollangk City Manager Name a STATE OF WISCONSIN) ) SS. WINNEBAGO COUNTY) Personally came before me this <;,~ day of ~ , 2004, the above- named ~ ~~,t..ð'---' and to me known to be fhe person(s) and officer(s) who executed the foregoing document on behalf of9aid Name of Individual to whom right is granted and acknowledged the same. "c=~'..~ ~ /~_.-/ .. Notary~ublfê, ,~~ Co., Wisconsin ,.. My Comm¡:sion:.4ó~-.J // Jà.7 Jö.ç;- STATE OF WISCONSIN) ) WINNEBAGO COUNTY) Personally came before me this [4 day of (Î)dd~ , 2004, the above- named Richard A. Wollangk, City Manager, ,of the City of Oshkosh, a municipal corporation, to me known to be the person who executed the foregoing instrument, and to me known to be such officer of said corporation, and acknowledged that they executed the ~,ng :u m~ ~:cers as the deed of said corporatio n, by its authority. N tary Public, ~nebagO Co., WI My Commission expires~ /-/t';, ;;"00(; SS.