HomeMy WebLinkAbout1270 Pheasant Creek Drive 2006
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AGREEMENT
WHEREAS, Walid\Joyelie K Rayan are the fee owners of 1270 Pheasant Creek
Drive as described as lot 44 of the 1st Addition to Pheasant Creek Farm, Part of the SoW. ~
of the N.E. ~ of Section 29, T18N, R16E, 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, Walid\Joyelle K Rayan desire to place an obstruction over such
drainage feature as follows:
A private fence to be constructed along the property lines within the eastern
half of the property at 1270 Pheasant Creek Drive. A portion of the proposed
fence will encroach into an existing City of Oshkosh drainage feature along
the east property line. The portion of the proposed fence to be constructed
within the area of the existing drainage feature shall be constructed to allow
for the free flow of water through the drainage feature area 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 drainage feature area described above, the undersigned property owner agrees
that he/she/it is solely responsib!e 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
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< 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 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.
I" c Ii
Dated this,ll day of
OcÞ t(¡r
MiJ ~ ,æ~£-
Walid Raya
,2005.
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STATE OF WISCONSIN)
WINNEBAGO COUNTY)
) ss.
Dch W. 2005, the above-named
t::L.t-1 to me known to be the person(s) and
said Na e of Individual to whom right is granted and
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STATE OF WISCONSIN)
WINNEBAGO COUNTY )
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Notary Public, Winnebago Co., I' ,
My Commission expiresfi8.0-. 1- ð ~ .:200"
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Encroachment Agreement
~3776a4
REGISTER'S OFfICE
WIHHEBAGO COUNTY* WI
REf:OROED ON
-I
Document Number
11/09;2005 09:05AM
JULIE PAGEL
REGISTER OF DEEDS
fI,¡:CORDING FEE
TfíÇjNStER FEE
:JI Of PAt1tb
15.00
J
Recordinl! Area
Name and Return Address ~ ~I::/
City Attorney's Office
Oshkosh, WI 54903-1130
91342503000
Parcel Identification Number
CITY OF OSHKOSH
AND
PROPERTY OWNER
This document drafted by Lynn A. Lorenson, Assistant City Attorney
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