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Home My WebLink AboutRiverside Park "0\ -- ~..f ^< Document Number DEED RESTRICTION Declaration of Restrictions In Re: See Legal Description attached as Exhibit A STATE OF WISCONSIN ) ) ss COUNTY OF Winnebago WHEREAS, the City of Oshkosh is the owner of the above- described property. WHEREAS,ihe City of Oshkosh has received a Brownfields Green Space and Public Facility Grant from the Department of Natural Resources ("DNR") pursuant to s. 292.79, Wis. Stats., and ch. NR 173, Wis. Adm. Code. WHEREAS, the City of Oshkosh submitted an application for this grant to DNR, received on January 15, 2003. That application described the intended use of the property for a purpose that DNR determined was eligible for funding under s. 292.79(2), Wis. Stats., and s. NR 173.05, Wis. Adm. Code. &'. k\\Ju:.sIc:1e..- p(:L\~ a~1~1~~~ REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 11/05/2004 09:59AM SUSAN WINNINGHOFF REGISTER OF DEEDS RECORDING FEE 13.00 TRANSFER FEE if OF PAGES 'j L.. Recording Area Name and Return Address City Attorney's Office Oshkosh, WI 54901 ? 0 15 0(( ";5() 908-0021 and 908-0022 Parcel Identification Number WHEREAS, the City of Oshkosh and DNR entered into a grant agreement for grant number GRN-017 on April 29, 2004 which described the requirements and responsibilities of the grantee and DNR with respect to this eligible project. WHEREAS, it is the desire and intention of the property owner to impose on the property restrictions which will limit the use of the property to those purposes and land uses identified in the application for at least twenty (20) years from the date the grant agreement was signed by DNR, in order to satisfy the requirement in s. NR 173.17(1 )(b), Wis. Adm. Code. NOW THEREFORE, the owner hereby declares that all of the property described above is held and shall be held, conveyed or encumbered, leased, rented, used, occupied and improved subject to the following limitation and restrictions: Land Use Restriction. The property described above may only be used for the following purposes: A public city park and parking lot and associated facilities such as an amphitheater/band shell pavilion, rest rooms and river walk. Amendment. The Restrictions imposed upon the Property are attached to and shall run with the land for at least twenty (20) years from April 29, 2004, provided however, that they may be extinguished or amended upon the recording of an instrument signed by both DNR, or its successor or assign, and the Property Owner, or his/her successor or assign. By signing this document, Richard A. Wollanqk, City Manaoer and Pamela R. Ubrio, City .<;Ieris....asserts that they are duly authorized to sign this document on behalf of the City of Oshkosh. ! IN WI.T~ESS YYHER.EOF, the ow. nO of the property h~1xe~~t.f!~~!~iS Deciaration..o.f. Restrictions, tnls \ \ day of c>\o~', 20 /'- "-'\ ~ Signature:~-h d~ Signature:~l\J.~) ...,,,......,.,.. Ci,...h..,..r1 lJ. \Mnlbnnk r.ihl M~n~njOr N::!mF!' P::!m~l::I R. Ubrio, Citv Clerk .. . .. p '.5 . r ".,-'~ EXHIBIT A PROPERTY DESCRIPTION TIIAT PART OF LOTS 1 THROUGH 12lN BLOCK 18 OF L.M. MILLERS FIRST ADDmON TO THE CITY OF OSHKOSH, IN THE 8TH WARD, CITY OF OSHKOSH, WlNNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE N.E. CORNER OF LOT 12 IN SAID BLOC~ THENCE NORm 76007'16" WEST ALONG NORTH LINEOF SAID BLOCK (AND THE SOUTH LINE OF CEAPE AVENUE) 483.60 Fr., THENCE SOUTIi 13004'01 " WEST ALONG THE WEST LINE OF.S~~..m.J;3LOCK (AND 1HE EASTERLY LINE OF COURT STREET)S80.00 Fr. TO THE BEGINNING OF A MEANDER Lll'lffi RUNNING 20 Fr. MORE OR LESS NORTHERLY OF THE NORTHERLY BANK. OF THE FOX RIVER, THEN'CE soum 56013'56" EAST ALONG SAID MEANDER LINE 513.46 Fr. TO A POINT ON THE WEST LINE OF BROAD STREET (AND THE EAST LINE OF SAID BLOCK) AND THE END OF SAID MEANDER LlNE, 1'HENCE NORTH 13018'46" EAST ALONG THE EAST LINE OF SAID BLOCK 140.85 Fr., THENCE NORTII 76039'25" WEST 135.00 Fr., THENCE NORTH 13018'46" EAST 170.00 Fr., THENCE SOUTH 76039'25" EAST 20.00 Fr., THENCE NORTII 13018'12" EAST 129.86 FT., THENCE SOUTH 76044'50" EAST 115.03 Fr. TO A POINT ON THE EAST LINE OF SAID BLOCK, THENCE NORTH 13018'46" EAST ALO~G SAID EAST LINE 313.77 Fr. TO THE POINT OF BEGINNING. 'SAID PARCEL CONTAINS 6.5166 ACRES, MOllli OF LESS, TO '. .. TIlE DESCRIBED MEANDER LlNE AND IS SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.