HomeMy WebLinkAboutEncroachment Agr/323 Knapp St
Encroachment Agreement
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REGISTER~S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
08/28/2006 09:59AM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 15.00
TRANSFER FEE
# OF PAGES 3
Recording Area
Name and Return Address
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City Attorney's Office
Oshkosh, WI 54903-1130
~
0608720300
Parcel Identification Number (PIN)
CITY OF OSHKOSH
AND
PROPERTY OWNER
This document drafted by Lynn A. Lorenson, Assistant City Attorney
o .3
AGREEMENT
WHEREAS, Earl Nelson, Jr. and Julie Nelson are the fee owners of 323 Knapp
Street and described as: Part of the NE 1/4 of theSE 1/4 of Section 22, T18N, R16E; Lot
3 of CSM #5257, Document No. 1221564, City of Oshkosh, Winnebago County,
Wisconsin; and
WHEREAS, a drainage feature has been dedicated to the City of Oshkosh over
such parcel for public drainage purposes; and
WHEREAS, Earl/Julie Nelson, Jr. desire to place an obstruction over such
easement as follows:
A private fence to be constructed along the property lines within the western half of
the property at 323 Knapp Street. A portion of the proposed fence will encroach
into an existing City of Oshkosh drainage feature along the west property line. The
portion of the proposed fence to be constructed within the area of the existing
drainage feature shall be constructed to allow for the free flow of water through the
drainage feature area and property. Examples of the fence types to be allowed for
construction that will not block or hinder the flow of storm water drainage include
split rail, chain link, and board on board (bottom board of the fence must be a
minimum of 8" off of the ground). The property owner shall be responsible for
maintaining the fence and removing any obstructions to allow for the continued free
flow of water through the proposed fence.
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
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, claims,
demands, damages, actions and causes of action whatsoever which may result from thE;
placement of an obstruction in the City of Oshkosh drainage feature 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.
Dated this fA. "l day of AU?f;.., ,j- ,2006.
~?d~ ~{1~
STATE OF WISCONSIN)
) SS.
WINNEBf\G(,LC9l)~TX )
--- p~~son~u~cirrte before me this c:l 'f day of U~, 2006, the above-named Earl Nelson, Jr. and
Julio'Nelson' "to meknowrito be the person(s) and officer(s) who executed the foregoing document on behalf of said
Name of Individual to whom right is granted and acknowledged the same.
CITY OF OSHKOSH
BY:~~
Richard A. Wollangk, City Manager
Srlm q;)1 d jI
And: .. Q.Q(A~
Pamela R. Uhrig, City Clerk ~
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me thi~ day of , 2006, the above-named Richard A.
Wollangk, City Manager, and Pamela R. Ubrig, City Clerk, of the Ci 0' skosh, a municipal corporation, to me known
to be the person who executed the foregoing instrument, and to m known to be such officer of said corporation, and
acknowledged that tliey eXf?cuted the foregoing instrument as such officers as the deed of said corporation, by its
aut ity.:.;.---- j"_:_~)~-';
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Notary: Pu ie, Winnebago co"~h Iq()j ^
My COf)&IJJ~S~ion"eXPireS/iS:~