HomeMy WebLinkAboutLetter (Easement) 12/07/2005
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ON THE WATER
City of Oshkosh
Di,;,ioo oflmpection SoMe"
215 Ch"",h Avenue
POBox 1130
Oshkosh WI 54902-1 130
Offi", 920-236-5050
Fox 920-236-5084
JAMES KUBASTA
54 LAKE ST
OSHKOSH WI 54901
Re: 520 W 14th Ave, No Build Easement
December 7, 2005
Dear Jim;
When you presented this office with a copy of the Building Restriction Agreement, I had concerns
whether it satisfied the intent of the Building Code, but wanted to confirm such concerns with the
City Attorney's office before bringing them to your attention. Having now made this review with the
City Attorney's office, it was found that the Building Restriction Agreement you fi1~th the
Register of Deeds does not wholly accomplish what is required to satisfy the Building Code. Your
Building Restriction Agreement (Easement) needs to include the following:
1. A legal description of the area of the easement.
2. Provide a statement that no structure, fence or obstruction may be built or placed in the easement.
Additionally, you may want to include language that would allow removal of the easement should a
situation occur where the easement is no longer needed. Such situations include:
1. Changes in the Building Code.
2. Changes in the structure at 520 W 14th Ave. eliminating the need for the easement.
3. Removal of the adjacent structure at 520 W 14th Ave. eliminating the need for the easement.
For these reasons, you are encouraged to seek the advice and counsel of your attorney in drafting this
easement. Once a draft has been made, please submit the draft to this office for review. We will
then get the opinion of our City Attorney's Office to determine ifit satisfies the intent of the
Building Code.
Please advise me of your schedule to provide a draft of the easement language for review. This will
need to be accomplished prior to you taking occupancy of the building. If you have any questions,
please call me at 236-5045.