HomeMy WebLinkAboutOshkosh Truck Corporation 4/13/2006
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THIS INDENTURE, made this ~ day of
by CITY OF OSHKOSH, Grantor, and OSHK H TRUCK
CORPORATION" Grantee,
WITNESSETH:
, 2006,
:l. 3949~5:l.
REGISTER'S OFFICE
WINNEBAGO COUNTY~ WI
RECORDED ON
04119/2006 09:28AM
JULIE PAGEL
REGISTER OF DEEDS
Encroachment Easement
Document Number
Document Title
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 maintaining, and repairing a masonry building over, under
and upon certain tracts of land situated in the City of Oshkosh, Winnebago
County, Wisconsin, and described as follows:
REI:tIHDIN!:i FEI
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Recording Area
Name and Return Address
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City Attorney's Office
Oshkosh, WI 54903-1130
DESCRIPTION OF THAT PORTION OF A MASONRY
BUILDING ENCROACHING INTO THE WEST 23RD AVENUE RIGHT OF WAY
Parcel Identification Number
(PIN)
'IRA 'I PORTION OF THE WEST 23RD AVENUE RIGHT OF WAY LYING SOUTH OF
AND ADJACENT TO LOTS 95 AND 96 IN THE SOUTH SIDE AUTO PLAT, IN THE 14TH
WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. SAID PARCEL IS
BOUNDED AND DESCRIBED AS FOLLOWS;
COMMENCING AT THE S.W. CORNER OF SAID LOT 96, THENCE SOUTH 89025-39" EAST ALONG THE SOUTH
LINE OF SAID LOT 96 (AND THE NORTH RIGHT OF WAY LINE OF WEST 23RD A VENUE) ] 34.09 FT. TO A POINT
ON THE WEST FACE OF THE WEST WALL OF A MASONRY BUILDING AND THE POINT OF BEGINNING OF THE
PARCEL TO BE DESCRIBED, THENCE CONTINUING SOUTH 89025'39" EAST ALONG SAID RIGHT OF WAY LINE
92.00 FT. TO A POINT ON THE EAST FACE OF THE EAST WALL OF A MASONRY BUILDING, THENCE SOUTH
00038'34" WEST ALONG SAID EAST FACE 0.3 FT., THENCE NORTH 89021 '26" WEST ALONG THE SOUTH FACE
OF THE SOUTH WALL OF SAID MASONRY BUILDING 92.00 FT., THENCE NORTH 00038'34" EAST ALONG THE
WEST FACE OF THE WEST WALL OF SAID MASONRY BUILDING 0.2' FT. TO THE POINT OF BEGINNING. SAID
PARCEL CONTAINS 23.0 SQUARE FEET AND IS SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF
RECORD.
This Easement shall terminate upon the destruction of the building, and at no time shall the Grantor have the
authority to require the Grantee to remove said building. Upon removal of said building, Grantee shall
cause the property, soil and grass to be replaced upon such property.
The Grantor, in its sole discretion, may relocate the sidewalk located next to the building on the property described
in this easement. The Grantor shall give timely notice to Grantee of any routine maintenance work to said
sidewalk. If, in the construction, maintenance or repair of said sidewalk, any damage or other alteration occurs to
the building on the property described in this easement, the City shall restore said building, as closely as possible,
to the condition previously existing, and Grantor shall compensate Grantee for any damages caused directly or
indirectly.
Upon exercising any of the rights herein granted, Grantee shall cause the property, and obligates itself to pay to
Grantor, it successors and assigns, all actual damages caused by repair, operation, repair or removal of said
masonry building, and upon removal of said building and shall have soil and grass replaced in the area of said
building.
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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.
CITY OF OSHKOSH
By: '/$ ~
RicharQ A. Wollangk, ity Manager
A~N Qr;::.
Pamela R. Ubrig, City Clerk
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STATE OF WISCONSIN )
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WINNEBAGOCOUNTY) ~
Personally came before me this /3 day of , 2006, Richard A. Wollangk, City Manager,
and Pamela R. Ubrig, City Clerk, of City of Oshkosh, t me known to be the persons who executed the foregoing
instrument and acknowledged the same as suc~,ers by its aothority, for the porpose therein contained.
~~~
Notary Public, Winnebago County, Wisconsin
My Commission~ ~J.A - /~-13-(J'j
This instrument drafted by:
Attorney Warren p, Kraft
Oshkosh, WI 54903-1130