HomeMy WebLinkAboutEnroachment Agr/3829 Purple Crest
Encroachment Agreement
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REGISTER'S OFFICE
WINNEBAGO COUNTYt VI
RECORDED ON
08/10/2005 09::~AM
JULIE PAGEL
REGISTER OF DEEDS
Document Number
REUJfHIINb FE:l
fRANSFtR fit
11 uf IJA&i:.S
15.0~
s
Recording Area
Name and Return Address
City Attorney's Office
Oshkosh, WI 54903-1130
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91261720000
Parcel Identification Number
CITY OF OSHKOSH
AND
PROPERTY OWNER
This document drafted by Lynn A. Lorenson, Assistant City Attorney
01
AGREEMENT
WHEREAS, Jeffrey G. Jepsen/Ursula Thies are the fee owners of 3829 Purple
Crest Drive as described as lot 72 of Meadows North, Part of the S.E. 1;4 of the S.E. 1;4 of
Section 35, T19N, R16E, City of Oshkosh, Winnebago County, Wisconsin; and
WHEREAS, a drainage easement has been dedicated to the City of Oshkosh over
such parcel for public drainaqe purposes; and
WHEREAS, Jeffrey G. Jepsen/ Ursula Thies desires to place an obstruction over
such drainage easement as follows:
A private fence to be constructed along the property lines within the eastern
half of the property at 3829 Purple Crest Drive. A portion of the proposed
fence will encroach into an existing City of Oshkosh drainage easement
located at the northeast corner of property. The portion of the proposed fence
to be installed within the easement shall be constructed to allow for the free
flow of water through the easement. Examples of the fence types to be
allowed for construction that will not block or hinder the flow of storm water
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 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 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 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
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 J\~~uvA- ,2005.
, ~'
1 ~/' _~---~ ~ ~
G. J '-.:.:) Ursula Thies
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY)
i\~
'"" personall~ came before me this '\ day.. of Cu..v ~ , 2005, the above-named
~W-~c;..:, ~\:V- and \.A.~,"",\c.... ""-~~ ~~"'- to me known to be the person(s) and
officer(s) who executed the foregoing document on behalf of said Name of Individual to whom right is granted and
acknowledged the same.
~UA.~ LLv~'~
Notary Public, \.>iV\...(,:~~'J.<..' Co., Wisconsin
My Commission: S; . ~\
CITY OF OSH~
By7//f
Richard A. Wollangk, City Manager
And:
Pamela R. Ubrig,
STATE OF WISCONSIN
SS.
WINNEBAGO COUNTY
-r1
bef.s?re m this g day of , 2005, the above-named
_ Wol/4A C' Uti ~and Ikme ~ r/' &erK, of the City of
Oshkosh, a municipal co oration, to me kn n to be the person who executed e foregoing instrument, and to me
known to be such officer of said corporation, and acknowledged that they executed the foregoing instrument as such
office" as Ihe deed of sa;d co<poral;oo, by;ls aulho,;ly. ~ .
~~~
Notary Public, Winnebago Co., WI /
My Commission ~/is: /- g--,:loOft:t;>