HomeMy WebLinkAbout2200 Hickory Court encroachment agreement 2005
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Encroachment Agreement
.1369439
REGISTER~S OFFICE
WINNEBAGO COUNTY~ WI
RECORDED ON
09j02/~~ 09:53AM
Document Number
JULIE PAGEL
REGISTER OF DEEDS
REWRDINEi FEE 15.00
fRP.NSFER FEE
it OF PAGES
;3
Recordin Area
Name and Return Address
City Attorney's Office
Oshkosh, WI 54903-1130
91526192000
Parcel Identification Number
CITY OF OSHKOSH
AND
PROPERTY OWNER
This document drafted by Lynn A. Lorenson, Assistant City Attorney
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AGREEMENT
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WHEREAS, Ma Lor/You Vue are the fee owners of2200 Hickory Court as described
as lot 307 of the 11th Addition to North Point Plat, Part of GL4 of Section 7, T18N, RilE,
City of Oshkosh, Winnebago County, Wisconsin; and
WHEREAS, a drainage feature has been dedicated to the City of Oshkosh over
such parcel for public drainaqe purposes; and
WHEREAS, Ma Lor/You Vue desires to place an obstruction over such drainage
feature as follows:
A private deck to be constructed off the east end of the existing home at 2200
Hickory Court. A portion of the proposed deck will encroach into an existing
City of Oshkosh drainage feature located along the east property line. The
bottom of the proposed deck to be constructed within the drainage feature
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 drainage feature 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 feature 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 drainage feature 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
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, çJamages 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 drainage feature
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 drainage feature area which may arise due to the City of Oshkosh's
exercise of its drainage feature 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 ;23 day of Tr
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,2005.
STATE OF WISCONSIN)
WINNEBAGO COUNTY)
) SS,
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Richard A. Wollangk, City Manager
, 2005, the above-named
to me known to be the person(s) and
Individual to whom right is granted and <
STATE OF WISCONSIN)
WINNEBAGO COUNTY)
SS.
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this..:::5u ay of above-named
0 nd of the City of
Oshkosh, a municipal corporati ,to me own to be the person who executed th f reg g instrument, and to me
known to be such officer of said corporation, and acknowledged that they executed the foregoing instrument as such
office", as the deed of sa;d emporat;on, by '5 autho,.y. ~ ' .
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Notary Public, Wi ebago Co., I
My Commission expiresfis: 1- ¿;-~6