HomeMy WebLinkAboutUtility Easement-WPS
rUMENT NUMBER
UTILITY EASEMENT / CORPORATION
THIS INDENTURE, made this day of ,
_,between City of Oshkosh hereinafter called "Grantor" for One and
no/100 dollars ($1.00) and/or other valuable consideration to it paid by
WISCONSIN PUBLIC SERVICE CORPORATION, a Wisconsin Corporation,
its successors and assigns and SBC. Time Warner Cable hereinafter called
"Grantee", receipt whereof is hereby acknowledged, does hereby grant unto said
Grantee, its successors and assigns, the perpetual right, permission, authority,
privilege and easement, to construct, install, operate, maintain, remove, and
replace necessary and usual appurtenant equipment, all for the purpose of
transmitting electrical energy and/or gas for light, heat, power and signals, or
for such other purpose as electric current and/or gas is now or may hereafter be
used, and for communication upon, over, across, within and above and/or
beneath certain easement areas as shown below, or on attached Exhibit "A", on
land owned by said Grantor in the City of Oshkosh, County of Winnebago,
State of Wisconsin, described as follows, to-wit:
Return to:
Wisconsin Public Service Corp.
Real Estate Dept.
P.O. Box 19002
Green Bay, WI 54307-9002
Parcel Identification Number (PIN)
1329103000, 1329103005, 1329200000,
1329210000, 1329230000, 1329240000,
1329250000
Part ofthe Southwest 1/4 of the Southwest 1/4 of Section 33, also parts
of the Northeast 1/4 of the Southeast 1/4, Southeast 1/4 of the Southeast 1/4, Southwest 1/4 of the Southeast 1/4,
Southeast 1/4 of the Southwest 1/4, and Northeast 1/4 of the Southwest 1/4 of Section 32, also part of Lot I of
Certified Survey Map Number 3938, part of Lot I of Certified Survey Map Number 4336, and part of Lot I of
Certified Survey Map Number 3424 all being located in Township 18 North, Range 16 East, City of Oshkosh,
Winnebago County, Wisconsin.
The easement area described as 12' wide paths along the road right of way as shown on the attached Exhibit "A".
The Grantee shall have the right to go upon the Grantor's property outside of the easement area for the purpose of
gaining access to the easement area in the event direct access to the easement area is not possible. Grantee shall notify the
Grantor, when possible, before going upon the Grantor's property, except in the event of an emergency.
The Grantee shall refill any trenches in which said wires or gas mains are laid, promptly and properly tamp the
same and restore the surface of the ground and if the Grantee shall at any future time open said trenches for the purpose of
repairing, renewing, or removing said wires or gas mains, it will, as soon as said work is done, restore the surface of the
ground, and that all work performed by the Grantee on said land will be performed in a proper workmanlike manner, and
that during the progress of the work, the Grantee will properly safeguard said trench.
The Grantee shall have the right to control all brush and trees within the easement area by cutting, trimming,
chemically treating and/or other means as determined by the Grantee which in its judgment may interfere with or
endanger said electric, communication, or gas facilities.
The Grantor further grants to the Grantee, its successors and assigns, the perpetual right, privilege and easement
to enter upon said strip of land for the purpose of laying, patrolling, repairing, renewing or removing the said facilities.
The Grantor agrees that it will not construct any improvements, including buildings, concrete structures, or other
objects, or change the grade more than four (4) inches over any gas main or service or electric cable, without first securing
the prior written consent of the Grantee. This agreement is to insure the conformance of the use of the easement with the
(Wisconsin Gas Safety Code) (Wisconsin Electrical Code) and the Grantee's construction standards. The said Grantor
further agrees that all costs incurred through the relocation of said facilities to avoid such buildings, concrete structures, or
other objects or to obtain proper depth ofland cover shall be borne by the Grantor.
The covenants herein contained shall bind the parties hereto and their respective heirs, executors, administrators,
successors, and assigns.
WITNESS the hand and seal of the Grantor the day and year first above written.
City of Oshkosh
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Pamela R. Ubrig - City Clerk
STATE OF
Wisconsin
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COUNTY OF
Winnebago
Personally came before me this lri..'-!t:b. day of fuo1aer , d-OQC:;: the above-named
Richard A. WJIIangk, City fvBnager and Pcrrela R. Ubrig, City Clerk to me known to be
the Grantor(s) who executed the foregoing instrument and acknowledged the same.
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Print Name
Notary Public, State of
My Commission expires:
Wisconsin
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This instrument drafted by: David T. Petersen
WISCONSIN PUBLIC SERVICE CORPORATION
R/C # 040
LOCATION #
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