HomeMy WebLinkAboutEncroachment Agr/2635 Hearthstone Dr
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Encroachment Agreement
1415286
REGISTER~S OFFICE
WINHEBAGO COUNTY~ WI
RECORDED ON
Document Number
10/25/2006
09 = 2;'3IAM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 1.5.00
TRANSFER FEE
I OF PAGES 3
RecordiDl! Area
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Name and Return Address Cfj nil/') "'......
City Attorney's Office -If
Oshkosh, WI 54903-1130
1219740611
Parcel Identification Number
CITY OF OSHKOSH
AND
PROPERTY OWNER
This document drafted by: Lynn A. Lorenson, Assistant City Attorney
Oshkosh, VVI 54903-1130
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AGREEMENT
WHEREAS, Darren Moxon and Karen Moxon are the fee owners of 2635 Hearthstone Drive
and described as:
Lot 11 of Sarres Plat, Part of the S.E. ;;4 of the N.E. ;;4 of Section 11, T18N, R16E,
City of Oshkosh, Winnebago County, Wisconsin; and
WHEREAS, a drainage feature, sanitary sewer easement and storm sewer easement have
been dedicated to the City of Oshkosh over such parcel for public purposes; and
WHEREAS, Darren Moxon and Karren Moxon desire to place obstructions over drainage
feature, sanitary sewer easement and storm sewer easement as follows:
A private fence has been constructed along the north, south and west property lines at 2635
Hearthstone Drive. A portion of the fence encroaches into an existing City of Oshkosh
drainage feature area, sanitary sewer easement and storm sewer easement. The fence
constructed in the area ofthe drainage feature area has been constructed to allow for the
free flow of water through the drainage feature area of the property. The fence has a top
and bottom board and 2 inch by 2 inch vertical members spaced at approximately 6 inches.
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 drainage feature area.
Landscaping including retaining walls, a decorative pond, and plantings to be constructed
in a portion of the drainage feature area, sanitary sewer easement and storm sewer
easement. The landscaping shall be constructed so as to comply with the revised drainage
plan for this area. No wood mulch or other floatable material shall be placed within the limits
of the drainage feature.
WHEREAS, the property owners agree to maintain a 20' wide path through the property
inside of the boundary created by the drainage feature area and sanitary sewer easement for the
purpose of maintenance vehicles. The path shall be relatively level. In the event maintenance
vehicles enter the property for work on a specific feature the City may use the easement rights of
the other feature for access; 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 obstructions subject to certain
conditions.
In consideration of the City of Oshkosh, a Municipal Corporation granting permission to the
undersigned property owner to place an obstruction within the drainage feature area, sanitary sewer
easement and storm sewer easement area described above, the undersigned property owners
agree that they are solely responsible for their activities under this agreement. The undersigned
property owners hereby release 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, sanitary sewer easement and storm sewer easement, by the
undersigned property owner. Further, the undersigned property owners agree 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 owners agree 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 owners agree 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.
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The undersigned property owner acknowledges that the drainage feature area, sanitary
sewer easement and storm sewer easement are subject to maintenance, repair or replacement and
any obstructions placed by the undersigned property owners pursuant to this agreement may be
damaged. The undersigned property owners acknowledge and agree 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 owners. 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. Thl~
undersigned property owners agree 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 ~ day of CJci- , 2006.
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~Moxon
RAREJ
STATE OF WISCONSIN)
) SS.
CITY OF OSHKOSH
BY~~
Richard A. Wollangk, City Manager
STATE OF WISCONSIN
) SS.
WINNEBAGO COUNTY ) . . rl /: __ .
Personally came before me this ~ day of {Of! if/..t..c /J ,2006, the. above-named Richard A
Wollangk, City Manager, and Pamela R. Ubrig, City Clerk, of the City 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 foregoing instrument as such officers as the deed of saia
corporation, by its authority.
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Notary Public, Winnebago Co., WI
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