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Home My WebLink AboutEdgewood Village 8/18/2006 ~ " I'f Encroachment Agreement 14121841213 REG! STETP S OFFI CI~ WINNEBAGO COUNTY, WI RECORDED ON Document Number 08/18/2006 09 = '1~t/iM JUl.IE PAGEl. REGISTER OF DEEDS RECORDING FEE TRANSFER FEE # OF PAGES 21.00 E. Recordin Area Name and Return Address City Attorney's Office Oshkosh, WI 54902-1130 018-0057 (part) Parcel Identification Number 0608720200 CITY OF OSHKOSH AND EDGEWOOD VILLAGE HOMEOWNERS ASSOCIATION, INC. l"---r;:':::-' ,.".~':'- .. ......m:.;_.;_ . ',~ ~c:' ~ :. ( F-' ~ :'C tj Illl j ! :-.:> ._.....~~^--_.. ~ i ii<C:J!1j I l~i~~_~~O~_ , 1 CI!!~ r." E'~'dlP , .l" L. ::~,e~'~~!__.__. ~.~_ This document drafted by Lynn A. Lorenson, Assistant City Attorney _,_ ..~_,- ',-' _,.:t '. . ,-;:: . ", ~ .,., . _,',_, _,.' i \\ri\~-:--\ii\\ \\~\~\ t>.UG 2 5 LOOo \\~j \ ~ \\ ---.. .,' ", \l ~ ?"~' _ _~~_-------- , i, ....~. ~..~ 1; , , ~ " . ",,---..-,.. .,....-,-- -,~..,.. I AGREEMENT WHEREAS, the Edgewood Village Homeowners Association, Inc.are the fee owners of Outlot 1 of Edgewood Village Subdivision more particularly described in attached Exhibit "A", City of Oshkosh, Winnebago County, Wisconsin; and WHEREAS, an easement has been dedicated to the City of Oshkosh over such parcel for Storm Water Management Facilities purposes; and WHEREAS, Edgewood Village Homeowners Association, Inc.desires to place an obstruction over such easement as follows: A monument sign to be constructed in the northeast corner of Outlot 1, at thEt entrance to Edgewood Village Subdivision. The entire sign will be located within Outlot 1, which has been dedicated to the City of Oshkosh for Storm Water Management Facilities. The sign shall be constructed according to thEt attached figures, Exhibit "B". The placement of the sign shall be such that it is located outside of the vision triangle for the two streets adjacent to the property, above the 100-year flood elevation of the retention pond on thEt property, and not within 10 feet of the centerline of the storm sewer pipes providing conveyance into and out ofthe retention pond on the property. ThE~ Edgewood Village Homeowners Association, Inc. shall be responsible for maintaining the sign and plantings around the sign and removing any debrht that may affect the operation of the retention pond located on the property. 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 area described in attached Exhibit "A", the undersigned property owner agrees that he/she/it is solely responsible for his/her/its activities under this agreement. The undersigned property owner hereby releases the City of Oshkosh from all debt,ciaims, demands, damages, actions and causes of actionwhatsoevei which may result from the placement of an obstruction 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 area 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. DatedthisJtf-tJ::l.- day of YLAly ,2006. Edgewood Village Homeowners Associ tion, Inc. By: <.. ~ Fredric DeVillers, Board Member City of Oshkosh ~ Sco Shefchik, Boar Member a7~ g~.~,,/ Dennis Schwab, Board Member ~ Notary Public, ~.J Co., Wisconsin My Commission: \ \-\,\ -~OOI STATE OF WISCONSIN) ) SS. WINNEBAGO COUNTY) '&1- ~ Personally came before me this ,3\ - day of _,2006, the above- named Scott Shefchik to me known to be the perso and fficer who executed the foregoing document on behalf of Edgewood Village Homeowners Association, Inc. to whom right is granted and acknowledged that they executed,the foregoing instrument as such officer as the deed of the corporation and by its authoritv. ." I "', ~ "~sstE A '1. . ~. .'. ,. ~ .... ~............O<$J ',. '-", 1\ A . ., ". . '( ~ ). ~ 1. J-I .... .... I .' \: / NOTAAy\ ':, Notary Public, \N~~ Co., Wisconsin ;.:. p --- j . My Commission: (~H(}~Ll't' -3h I ;}()OC( -, ~ ..... USL\C .... ~.: " /-.... '" ..' ('~ . . <" ........ .~-;;; ~ STATE OF WISCONSIN) 'I,?; WIS~~..'~ ) SS. · · · I · WINNEBAGO COUNTY) Personally came before me this 19th day of July , 2006, the above. named Dennis Schwab to me known to be the person and officer who executed the foregoing document on behalf of Edgewood Village Homeowners Association, Inc. to whom right is granted and acknowledged that they executed the foregoing instrument as suc .: fficer, ~ the deed 01 the Jorporation and by its authority. , ,/ [1" .Zt~ ,J nn A. Clough No ary Public, Winne ago CO., Wisconsin My Commission: Expires 1-10-10 STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personally came before me this ~ day of , 2006, the above- named Richard A. Wollangk and Pamela R. Ubrig, of the ity of Oshkosh, a municipal corporation, to me known to be the persons who executed the foregoing instrument, and to me known to be such officers of said corporation, and acknowledged that they executed the regoing instrument such officers as the deed of said corporation, by its authority. Notary Public, Winnebago Co., WI Lk- My Commission eXPires/is:~.A~ Exhibit "A" LEGAL DESCRIPTION - OUTLOT l-EDGEWOOD VILLAGE: A parcel ofland being located in the NE Y-t - SW Y-t and the SE Y-t - SW Y-t, Section 33, T19N, R16E, City of Oshkosh, Winnebago County, Wisconsin, more fully described as follows: Commencing at the West Y-t corner of said Section 33; Thence S89059'42"E along the North line of the SW Y-t of said Section 33 a distance of2039.76 feet to its intersection with the west platted right-of-way line of Edgewood Road extended North; Thence S00021 '09"W along said West line a distance of 1322.17 feet; Thence SOoo05' 45"E along said west right-of-way a distance of 211.28 feet to the point of beginning: Thence continuing SOoo05'45"E along said West right-of-way line a distance of 192.87 feet to the beginning of a curve: Thence Southwesterly along the arc of a curve (having a radius of 30.00 feet with its center located towards the North and having a chord 51.68 feet in length which bears S59022'26"W) a distance of 62.28 feet to the North right-of-way line of Edgewood Lane; Thence N61009'23"W along the North right-of-way line of Edgewood Lane a distance of 185.96 feet; Thence NOl000'06"E a distance of 158.79 feet; Thence N60000'00"W a distance of246.65 feet; Thence N2l 042'00"W a distance of 72.41 feet; Thence N36011 '32"E a distance of 73.47 feet; Thence N85008'50"E a distance of75.70 feet; Thence N 10000' OO"E a distance of 122.54 feet; Thence N50021 '21"W a distance of 65.36 feet to its intersection with the South right-of-way line of Fraser Drive; Thence Easterly along said South right-of-way (having a radius of 350.00 feet with its center located towards the South and having a chord 286.22 feet in length which bears S89030'58"E) a distance of294.87 feet; Thence Easterly along said South right-of-way (having a radius of250.00 feet with its center located towards the North and having a chord 56.37 feet in length which bears S71 051' 14.5"E) a distance of 56.49 feet; Thence Southeasterly along said South right-of-way (having a radius of20.00 feet with its center located towards the South and having a chord 25.36 feet in length which bears S38059'14.5"E) a distance of27.46 feet to its intersection with the West right-of-way line of Edgewood Road; Thence SOoo21 '09"W along said West right-of-way a distance of78.52 feet; Thence N83006'40"W 123.27 feet; Thence S64011'18"W 61.60 feet; Thence S20059'49"W 114.70 feet; Thence S44035'49"E 123.58 feet; Thence SOoolO'OO"E 43.01 feet; Thence S58050'05"E 153.87 feet to the point of beginning. Said parcel ofland containing 3.315 acres, (144,408 square feet) more or less. ,"'"""",,,~,,,,,",,,,,,,,,,,,,,,,,,","''''':'~',,~~i:'>.0.:2.L:2:~:,'..",:~.~',"'::C~:':~~:.c::::~'^ EXHIBit "8" ---------...__.._._c__.. _. ___...__._~ EDGEWOOD VlUAGF/FRASER DRIVE ENTRANCE MONUMENT SIGNAGE DETAIL , i i , I , I , I i , I , I , , i ----___ I --- I ----------~ I , I @ I MH 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 86.22' i P/L i F:/PLA T IP0778JOL/IORAWINGSI AS BUlL TSIGNV86_23.0GN ,. , , ------: ---- , ----,---- ;::- /2 -~-~-~- U/2/1S!:/? IV!: R/W (501 ---- , ---- '........ '........ ........ '........ '........ '........, ---- , ----,----- EAST INLET___ MIDDLE BAC OF CURB 1 S C":) s ""- r:r N83006/40/fW N P/L 123.271 w E LOT 4 w - Ln 01 <;j ~ Ln <;j 0 [V) 0 o o Vi S89038'44"E 20' 40' , SCALE: 1"=20' N o -....... Co \D '-- CJ "'C C) Q: CJ C) C) :s: LJj ~ CJ LJj (