HomeMy WebLinkAboutWinnebago County 2006
Easement
Document Number Document Title
THIS INDENTURE, made this dliYfay of /J.J -/~~, 2006,
by W1NNEBAGO COUNTY, Wisconsin, Gr~~~~~Jfd -CiTY .
OF OSHKOSH, a municipal corporation, located in Winnebago
County, Wisconsin, Grantee,
WITNESSETH:
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good
and valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, the Grantor does hereby give and grant unto the
Grantee, its successors and assigns, an easement in, under and over the
land hereinafter described, including the right to enter upon said land for
the purpose of construction, maintaining, and repairing a storm sewer upon
certain tracts of land situated in the City of Oshkosh, Winnebago County,
Wisconsin, and described as follows:
Recordin~ Area
Name and Return Address
City Attorney's Office
Oshkosh, WI 54903-1130
Parcel Identification Number (PIN)
A part of the E 1/2 of the NW 1/4 of Section 36, T19N, R16E, 15th Ward,
City of Oshkosh, Winnebago County, Wisconsin, described as follows:
Commencing at the NW corner of said Section 36; thence N 89044'43" E., 1,328.72 feet along the north line of said
Section 36 to the NW corner of the NE 1/4 of the NW 1/4 of said Section 36; thence S. 00017'06" W., 1,309.46 feet
along the west line of the NE 1/4 of the NW 1/4 of said Section 36 to the true point of beginning; thence N. 89044'43" E.,
50.00 feet; thence S. 00017'06" W., 720.25 feet; thence S. 77000'00" E., 515.38 feet; thence N. 82000'00" E., 139.37 feet;
thence S. 08000'00" E. 50.,00 feet; thence S. 82000'00" W., 148.63 feet; thence N. 77000'00" W., 564.62 feet to the
west line of the E 1/2 of the NW 1/4 of said Section 36; thence N. 00017'06" E., 759.75 feet along the west line of the
E 1/2 of the NW 1/4 of said Section 36 to the true point of beginning.
By the recording of this document, the parties agree to release and terminate a previous casement, dated
August 31,1998, and recorded in the Winnebago County Registry on September 14, 1998 at 10:14:44 as
document number 1025805.
Upon exercising any of the rights herein granted, Grantee shall cause the property, soil and grass to be
repaired and replaced in a condition similar to its condition immediately prior thereto, and obligates itself to pay to
Grantor, its successors and assigns, all actual damages caused by construction, repair, installation, operation, repair
or removal of said storm sewer upon said property.
The City recognizes that the County will be allowed to build a foot bridge and/or a pedestrian trail at any point
over the top of the easement. City shall replace and/or repair any portion of said trail features should they be
compromised due to future City storm sewer maintenance activities, except that the County shall be responsible for
repair/replacement of blacktop materials should the County electto pave the pedestrian trail.
IT IS FURTHER MUTUALLY AGREED that no building or other substantial or permanent structure shall
be placed upon said property by the Grantor.
The Grantee releases the Grantor from all debts, claims, demands, damages, actions and causes of action
whatsoever which may result from said easement heretofore granted by Grantor, and further agrees to hold the Grantor
free and harmless from any claim for damages which may be made by reason of damages or injury to persons or
property connected therewith.
IN WITNESS WHEREOF, the parties have set their seals the day and year first above written.
WINNEBAGO COUNTY, WISCONSIN
By: }1/l~c:I<::Ak~
Mark Harris, County Executive
(;7
ACKNOWLEDGMENT
STATE OF WISCONSIN)
) SS
WINNEBAGO COUNTY )
Personally came before me this tJ.f)~ day of (} \ i~1 a:t ,2006, Mark Harris, County Executive, and SU,san T. Ertmer, County
Clerk, of Win neb ago County, to me known to be the per s and officers who executed the foregoing instrument and acknowledged that
they executed the same as such officers by its authority, for the purpose therein contained.
Q~a)u-~ " ~
Notary Public, Winnebago County, WI
My Commission: \C)_a~ -~o?l
CITY OF OSHK;~
BY~
Richard A. W ollangk, CIty Manager
ACKNOWLEDGMENT
STATE OF WISCONSIN)
) SS
WINNEBAGO COUNTY)
Personally came before me this 5ftl day of ,2006, Richard A. Wollangk, City Manager, and Pamela R. Uhrig,
City Clerk, of City of Oshkosh, to me known to be e ersons and officers who executed the foregoing instrument and l1cknovAeclged that
they executed the same as such officers by its authority, for the purpose therein contained. ,c.
Notary Pub IC, Winnebago County, WI
My Commission: 2, . ;;>- \. d 6 I b
This instrument drafted by:
Attorney Warren P. Kraft
City Attorney, Oshkosh, WI 54903-1130
Document Number
Document Title
1409817
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDEn ON
09/01/2006 09:36AM
JUl.IE PAGEL
REGISTER OF DEEns
RECORDING FEE 11.00
TRANSFER FEE
# OF PAGES 1
Easement
THIS INDENTURE, made thisaZK: day of ~, 2006,
by WINNEBAGO COUNTY, Wisconsin, Grantor, a d CITY
OF OSHKOSH, a municipal corporation, located in Winnebago
County, Wisconsin, Grantee,
WITNESSETH:
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good
and valuable consideration paid by the Grantee, the receipt of which is
hereby aclmowledged, the Grantor does hereby give and grant unto the
Grantee, its successors and assigns, an easement in, under and over the
land hereinafter described, including the right to enter upon said land for
the purpose of constrLlction, maintaining, and repairing a storm sewer
per "Best Management Practices" upon certain tracts of land situated in the
Town of Oshkosh, Winnebago County, Wisconsin, and described as follows:
Recording Area
Name and Retum Address
City Attorney's Office
Oshkosh, WI 54903-1130
~
Parcel Identification Number (PIN)
A parcel ofland being part of Government Lot 3, Section 6, Township 18 North, Range 17 East,
Town of Oshkosh, Winnebago County, State of Wisconsin and being described as follows:
Commencing at the northwest corner of Section 6, T18N, R17E; thence S 89025'04" E., 60.00 feet along the
north line of Government Lot 3; thence S. 00040'42" E., 114.07 feet to the true point of beginning; thence
S. 00040'42" E., 99.99 feet; thence S. 18008'14" E., 705.74 feet; thence N. 80039'36" E., 30.36 feet;
thence N. 18008'14" W., 805.77 feet to the true point of beginning.
Upon exercising any of the rights herein granted, Grantee shall cause the property, soil and grass to be
repaired and replaced in a condition similar to its condition immediately prior thereto, and obligates itself to pay to
Grantor, its successors and assigns, all actual damages caused by construction, repair, installation, operation, repair
or removal of said storm sewer upon said property.
IT IS FURTHER MUTUALLY AGREED that no building or other substantial or permanent structure shall
be placed upon said property by the Grantor.
The Grantee releases the Grantor from all debts, claims, demands, damages, actions and causes of action
whatsoever which may result from said easement heretofore granted by Grantor, and further agrees to hold the Grantor
free and harmless from any claim for damages which may be made by reason of damages or injury to persons or
property connected therewith.
IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above
written.
WINNEBAGO COUNTY, WISCONSIN
By: Jv1~c/~
Mark Harris, County Executive
ACKNOWLEDGMENT
STATE OF WISCONSIN)
) SS
WINNEBAGOCOUNTY)
Personally came before me this ~~+hday of ,2006, Mark Harris, County Executive, and Susan Ertmer, County
Clerk, of Win neb ago County, to me known to be the perso and officers who executed the foregoing instrument and acknowledged that
they executed the same as such officers by its authority, for the purpose therein contained.
~~~ ~ ~r
Notary Public, Winnebago County, WI
My Commission: \ 0- ()5 -. ,~m 8