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HomeMy WebLinkAboutElectric Transmission Line ELECTRIC TRANSMISSION LINE EASEMENT 1382855 REGISTER'S OFFICE WINNEBAGO COUNTY. VI RECOJtDED ON 12/27/2005 12:..6PK ~lULIE PAGEL REGISTER OF DEEDS RECORDING FEE 15,00 rRANSFER FEE * OF PAGeS 3 Document Number The undersigned Grantor(s) City of Oshkosh (hereinafter called the "Landowner"), in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant, convey and warrant unto American Transmission Company LLC, a Wisconsin I1mlted liability company, hereinafter called the "Grantee", the Grantees successors, assigns, licensees and manager, the perpetual right and easement to construct, install, maintain, operate, repair, inspect, replace, remove or relocate electric transmission line facilities, including but not limited to wires, poles, guy lines, anchors, and associated appurtenances for the transmission of electric current, communication facilities and signals appurtenant thereto, upon, in, over and across lands owned by the Grantor(s) in the City of Oshkosh, County of Winnebago, State of Wisconsin, described as follows: Record this document with the Register of Deeds Part ofLots 9, 10, 11 and 12 of Block 18 of L. M. Miller's First Addition in the eighth ward, City of Oshkosh, Winnebago County, Wisconsin, being more specifically described as follows; All that part of the Grantor's property lying within 40 feet of the following described reference lines. Name and Return Address: American Transmission Company LLC Attn: Real Estate Dept. 1201 Enterprise Drive ~L.::;-" De Pere, WI 54115 r b J Commencing at the northeast corner of said Lot 12. Thence North 76007'16" West, along the north line of said Lot 12, also being the south line of Ceape Avenue, 11.05 feet to the point of beginning. Thence South 19042'45u West, 446.66 feet to a point heretofore referred to as point A. Parcel Identification Number(s) 90800230000 & 90800210000 Also, commencing at said point A; thence South 19042'45" West, 171.06 feet to a second point of beginning. Thence continuing South 19042'45" West, 44.48 feet to the terminus point of the reference line. See attached Exhibit A. The Grantee agrees to allow the Landowner to construct a building within the above described easement area subject to the restrictions as detailed in the attached Exhibit B (Letter of Permission), and subject to the rights and conditions detailed in that exhibit and this electric transmission line easement. The Grantee is also granted the associated necessary rights to: 1) Enter upon the easement strip for the purposes of exercising the rights conferred by this easement. 2) Have reasonable ingress and egress for personnel, equipment and vehicles to and from said easement area across the Landowner's property adjacent to the easement. 3) Construct, install, maintain, operate, repair, replace, rebuild, inspect, patrol and remove the above designated facilities and other appurtenances that the Grantee(s) deem(s) necessary. 4) Trim, cut down and remove any or all brush, trees and overhanging branches now or hereafter existing on said easement strip. 5) Cut down/remove such trees now or hereafter existing on the property of the landowner located outside of said easement strip which by failing might interfere with or endanger said line, together with the right, permission and authority to enter in a reasonable manner upon the property of the landowner adjacent to said easement strip for such purpose. 6) Treat the stumps of any trees or brush to prevent re-growth and apply herbicides in accordance with applicable laws, rules and regulations, for tree and brush control. The Grantee shall pay a reasonable sum for all damages to property, crops, fences, livestock, lawns, roads, fields and field tile (other than trees trimmed or cut down and removed), caused by the construction, maintenance, replacement or removal of said facilities. The Grantee shall not have the right to erect any fence or building on such land other than the above designated facilities and associated appurtenances and the right is hereby expressly reserved to the Landowner(s), the heirs, successors and assigns of every use and enjoyment of said land not inconsistent with the construction, installation, maintenance, operation, repair, replacement, rebuilding, inspection and removal of such structures, wires and associated appurtenances. Landowner, for itself, its successors and assigns, agrees that it will not locate any dwelling or mobile home intended for residential occupancy within the limits of the easement strip. Landowner, for itself, its successors and assigns, further agrees that within the limits of the easement strip it will not construct, install or erect any structures or fixtures (other than the proposed maintenance building as detailed in Exhibit B), including but not limited to swimming pools, construct any non-residential type buildings or store any inflamm,able goods or products, plant trees or shrubs, place water, sewer or drainage facilities, or change the gracle more than one (1) foot without first securing the prior written consent of the Grantee. .- ~ This agreement is binding upon the heirs, successors and assigns of the parties hereto, and shall run with the lands described herein. The parties hereto do hereby agree to the terms and conditions set forth in Exhiblt(s) *, attached hereto and incorporated herein. As provided by PSC 113, the landowner(s) shall have a minimum period of five days to examine materials approved or provided by the Public Service Commission of Wisconsin describing the landowner's rights and options in the easement negotiating process. The landowner(s) hereby voluntarily waives the five-day review period, or acknowledges that they have at least five days to review such materials. Landowner warrants and represents that Landowner has good title to the property described herein, free and clear from all liens and encumbrances, except: none 7't!1 WITNESS the signature(s) of the Landowner this _ day of bec~er , 20[25 (SEAL) \ . ~, ~ ~ , ?o..~~ \2. Q~~\~ CA) Printed Name \ ACKNOWLEDGEM ENT STATE OF WISCONSIN COUNTY OF WINNEBAGO ss Personally came before me this I'!!:. day of ~(~lofr ,20 t6', the above named e.clv.trtl It. l-Q,ll/J.l\j k) e~ \V\.V\(~er ().vy).. fttl1\.elo.. R. IA1Jr,c; I C~) C(er'(:.. I to me known to be the person(s) who executed the foregoing instrument and acknowledged the same. ~~n~ ('. . ~ at re of Notary)(...' . ~nn A-. 1--or~ 000r) Printe Name of Notary Notary Public, State of Wisconsin MyCommission~(ls) r~ This instrument draft by Ben F. Hock of American Transmission Company LLC .' EXHIBIT A PART or' BLOCK IB IN Ul. MILL<RS FIRST ADDITION TO OSHKOSH. IN TH( 8TH WARO, CITY OF OSHKOSH. wtNNf:BACO COUNTY, WISCONSIN SURVCY rOR wtSCONSIN PUBLIC SERVIce ---.... -...- ......-- '-, -1 I , I , I I I I " ;:)' I '''' / " ~/ .' .,..,,/ I NI , ~l J "if " I.",' , I I I I I I , I I I I I I , I , I I I I I / / I I I I I I I , I / I , I I / -', / I I I / I I , I I J / / / , , , I I /' , , I I I I I I I I I --............ -'. --- ct'A,ot" .( - , - -"",!NUe (~ ..~-,_! 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