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HomeMy WebLinkAboutEnroachment Agr/90 Gibson Ct ~ 1355574 Encroachment Agreement REGISTER'S OFFICE WINNEBAGO COUNTY. WI RECORDED ON 08/04/2005 09:52AM JULIE PAGEL REGISTER OF DEEDS Document Number rtf:.CliSj iN';' ~E i;,p!~:.iER ,'d: jj Ot PI4(;ES 1~.00 3 Recordinl! Area Name and Re~ City Attorney's Office Oshkosh, Wi 54903-1130 91413343600 Parcel Identification Number CITY OF OSHKOSH AND PROPER TY OWNER This document drafted by Lynn A. Lorenson, Assistant City Attorney 0-3 AGREEMENT WHEREAS, CJL Investments, Inc. is the fee owner of 90 Gibson Court as described as lot 3 of Stoney Beach West, Part of the N.E. % of the S.W. % of Section 36, T18N, 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, CJL Investments, Inc. desires to place an obstruction over such drainage easement as follows: A private fence to be constructed along the south and southwest (rear) property lines at 90 Gibson Court. The proposed fence will encroach into an existing City of Oshkosh drainage easement located along the south and southwest property lines. The portion of the proposed fence to be installed within the easement shall be constructed along the top of the existing berm along the south and southwest property lines so as not to hinder the flow of water through the drainage easement. The property owner shall be responsible for maintaining the fence and removing any obstructions that may hinder the flow of water through the easement. 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/shelit 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 "'2 f 6- day of ;- ':!7 ' 2005. ~~ STATE OF WISCONSIN) WINNEBAGO COUNTY ) ) SS. bef~~-il)El this ~~ day of ~ ,2005, the above-named ,~ . to me known to be the person(s) and officer(s) who exec ted Hie oregoing document on behalf of said Name of Individual to whom right is granted and acknowledged the same. Co., Wisconsin CITY OF OSH~05~/~ ^ BY~ ~\-.J Richard A. Wollangk, City Manager An~-BrJ~io:J5lLoM Pamela R. Ubrig, City Clerk \J '. STATE OF WISCONSIN SS. WINNEBAGO COUNTY of~JQ~~ Notary Public, Winnebago Co., WI My Commission expire~ / - F - c;J()CJ'