HomeMy WebLinkAboutEnroachment Agr/1275 Fairfax St
v.
Encroachment Agreement
1358839
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECOROED ON
06/15/2005 09:36AM
JULIE PAGEL
REGISTER OF DEEDS
RECORD INS FH. 15.00
iRHlliSfER FEE
# O~ PAGtB j
Document Number
Recordinl! Area
Name and Return Address
City Attorney's Office
Oshkosh, WI 54903-1130
~Q;r,::>b
91342501900
Parcel Identification !\'umber
CITY OF OSHKOSH
AND
PROPERTY OWNER
This document drafted by Lynn A. Lorenson, Assistant City Attorney
.::?
T)
AGREEMENT
WHEREAS, Teresa A. Schumacher is the fee owner of 1275 Fairfax Street as
described as lot 33 of the 1 st Addition to Pheasant Creek Farm, Part of the S.W. % 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, Teresa A. Schumacher desires to place an obstruction over such
drainage feature as follows:
A private fence to be constructed along the property lines within the western
half ofthe property at 1275 Fairfax Street. A portion ofthe proposed fence will
encroach into an existing City of Oshkosh drainage feature along the west
property line. The portion of the proposed fence to be constructed within the
drainage feature shall be chain link, picket style, or similar variety, to allow for
the free flow of water through the existing drainage feature. 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 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
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.
l11to ~
Dated this ~ day of .:JUIIIE
,,1~~
,2005.
Teresa A. Schumacher
STATE OF WISCONSIN)
WINNEBAGO COUNTY )
) SS.
___ PersouaUY . came bepre me this C day of OJ } J.... I ,2005, the above-named
J-eresa.. -X A U/vIc;Chfr:and ~ 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.
CITY OF OSH~
BY:~
Richard A. Wollangk, City Manager
\.
'~-
And: .
Pamela R. Ubrig, City
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY )
per~nallY . cal]y before me this iflh day of , 2005, the above-named
8(. ~d~ ~ , of the City of
Oshkosh, a mu icipal corporation, to me known to be the perso who execute J e foregoing instrument, and to me
known to be such officer of said corporation, and acknowledged that they executed the foregoing instrument as such
officers as the deed of said corporation, by its authority.
~~.
Notary PU?li~~ Winn~ba~o Co.ptj!. (f ( .}-:J _
My Commission explres/Is:~~_~) LD