HomeMy WebLinkAboutEncroachment Agr/2400 Witzel Ave
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Encroachment Agreement
Document Number
CITY OF OSHKOSH
AND
PROPERTY OWNER
1.41.551.6
REGISTER'S OFFICE
WINNEBAGO COUNTY, \H
RECORDED ON
10/27/2006 09:43AM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE
TRANSFER FEE
# OF PAGES
Recording Area
Name and Return Address
City Attorney's Office
Oshkosh, WI 54903-1130
0622020000
Parcel Identification Number
This document drafted by Lynn A. Lorenson, Assistant City Attorney
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AGREEMENT
WHEREAS, WITZEL LOT 2 LLC is the fee owner of 2400 Witzel Avenue described as Lot
2 of Countryside Estates North, part of SE 1/4 of NW 1f4 of Section 21, T18N, R16E, City of
Oshkosh, Winnebago County, Wisconsin; and
WHEREAS, a storm sewer easement has been dedicated to the City of Oshkosh over such
parcel for storm sewer purposes; and
WHEREAS, Witzel Lot 2 LLC desires to place an obstruction over the storm sewer
easement as follows:
A parking lot to be constructed on the following described parcels:
(A) Part of Lot 2, "Countryside Estates North", being part of the Southeast 1/4 of the Northwest 1/4 of
Section 21, Township 18 North, Range 16 East, 6th Ward, City of Oshkosh, described as follows:
Commencing at the Southeast Corner of said Lot 2 of "COUNTRYSIDE ESTATES NORTH"; thence
N. 00005'19" W., along the East line of said Lot 2 of "Countryside Estates North", 35.19 feet to the
point of beginning; thence S. 89054'41" W. 20.00 feet; thence N. 00005'19" W., along the West line
of an existing 20 ft. storm easement, 92.00 feet; thence N. 89054'41" E, 20.00 ft.; thence S. 00005'19"
E, along the East line of said Lot 2 of "Countryside Estates North", 92.00 ft. to the point of beginning,
containing 1.840 sq. ft.
(B) Part of Lot 2, "Countryside Estates North", being part of the SE 1/4 of the NW 1/4 of Section 21, T18N,
R16E, 6th Ward, City of Oshkosh, Winnebago County, Wisconsin, described as follows:
Commencing at the NE corner of said Lot 2 of "Countryside Estates North"; thence S 89042'39" W.,
along the North line of said Lot 2 of "Countryside Estates North", 20.00 feet; thence South 00005'19"
E., along the West line of a 20 ft. drainage easement to the point of beginning; thence N. 89054'41"
E, 6.00 ft.; thence S. 00005'19" E, 32.00 ft.; thence S. 89054'41" W., 6.00 ft.; thence N. 00005'19"
West, along the West line of an existing 20 ft. storm easement, 32.00 ft. to the point of beginning,
containing 192 sq. ft.
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 above, the undersigned property owner agrees that it is solely responsible for its
activities under this agreement. The undersigned property owner hereby releases the City of
Oshkosh from all debt, claims, demands, damages, actions and causes of action whatsoever which
may result from the placement of an obstruction in the City of Oshkosh storm sewer easement 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 storm sewer easement area is
subject to maintenance, repair or replacement and any obstruction 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
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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 within the storm sewer easement 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 createanefeDSTsfiaTrfUnwlffi the lanCfahcrTnureH01lle benefiTof, and be binding upon,
the parties hereto, their successors, tenants, subtenants, licensees, and assigns.
Dated this Z~ day of ~, 2006.
i~ (c,.v.~ lo~ 1- LLC
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY)
Personally came before me thisa day of Octbh.if , 2006, the above-named David Janssen,
(title) of WITZEL LOT 2 LLC, to me known to be the person and officer who executed
the foregoing document and acknowledged that he executed the same as such office by its authority, for the purpose
therein contained. f\..~ ~
Notary Pu?li~, rv~~r}~~~A;co" Wisconsin
My CommisSion: I I
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CITY OF OSHK~
srz/II
Richard A. Wollangk, City Manager
/~OTARy\
And: 1,
STATE OF WISCONSIN
SS.
before me this ~t.f-d day of ~. 2009,j the above-named
V1t , and db' " LIe of the City of
. Oshkosh, a municipal cor ration, to e k own to be the person who executed e foregoing instrument, and to me
known to be such officer of said corporation, and acknowledged that they executed the foregoing instrument as such
offioers a' !he deeO of 'aid ooepo'alloo. by'" a,!horily. ~ ~ ;} ~
Notary Public, Winnebago Co., WI a
My Commission expires/~ /t5(- /3- C)OO'1
WINNEBAGO COUNTY