HomeMy WebLinkAboutEncroachment Agr/360 Foster St
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Encroachment Agreement
REGISTER'S OFFiCE
W1NNEBAGO COUNT1, VI
RECORDED ON
11/1412005 09:44AM
JULIE PAGEL
REGISTER OF DEEnS
Document Number
RECORDING FEE 15.00
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Recordinl! Area
Name and Return Address cP i'. n t'}"
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City Attorney's Office
Oshkosh, WI 54903-1130
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90608702000
Parcel Identification Number
CITY OF OSHKOSH
AND
PROPERTY OWNER
This document drafted by Lynn A. Lorenson, Assistant City Attorney
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AGREEMENT
WHEREAS, Charles E/Connie Walls are the fee owners of 360 Foster Street as
described as lot 21 of the Foster Heights Subdivision, Part of the N.E. ~ of the S.E. ~ of
Section 22, T18N, R16E, City of Oshkosh, Winnebago County, Wisconsin; and
WHEREAS, a drainage easement has been dedicated to the City of Oshkosh over
such parcel for public drainaqe purposes; and
WHEREAS, Charles E/Connie Walls desires to place an obstruction over such
drainage easement as follows:
A private fence to be constructed along the property lines within the
northeastern half of the property at 360 Foster Street. A portion of the
proposed fence will encroach into an existing City of Oshkosh drainage
easement located along the east property line. The portion of the proposed
fence .to be instaUedwithin the easement shaUb.e constrqc;ted toC\llowfor the
free flow of water through the easement. Examples of the fence types to be
allowed for construction that will not block or hinder the flow of storm water
drainage include splitrail, chain link, and board on board (bottom board ofthe
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 described above, the undersigned property owner agrees that
he/shelit is solely responsible for his/herlits activities under this agreement. The
undersigned property owner hereby releases the City of Oshkosh from all debt, claims,
demands, damages, actions and causesof action whatsoever which may result from the
placement of em obstruction in the City of Oshkosh drainaae 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 easement 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
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,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 ~M day of
Nov~ , 2005.
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Charles E. Walls
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Connie Walls
STATE OF WISCONSIN)
WINNEBAGO COUNTY )
) S8.
Personally came before me this <i? day of 10 0 V ' 2005, the above-named
Qharles E \AJalls and C:Orli'He. \\/aJls tome known to 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.
r JOl U \.('() ~ .P J rnD{JjV)'YU tJ
Notary PU?Ii~, WI nW'figr Co., Wisconsin
My Commission: '1 '1
\
By:
ichard A. Wollangk, City Manager
A:~l1l~~UYnY\
Pamela R. Ubrig, City'Clerkl CJ
CITY OF OSHKOSH
STATE OF WISCONSIN
) SS.
!J:I~ this IJ d day of , 2005, the above-named
~a 1 'l(l, ev- and a meld. . U el, of the City of
Oshkosh, a municipal c oration, t me kn n to be the person who execut the foregoing instrument, and to me
known to be such officer of said corporation, and acknowledged that they executed the foregoing instrurnent as such
officers as the deed of said corporation. by its authority. 0 ~ .
Nota", Public. Win~
My Commission expires/1$: / -- % - .:200 t:,
WINNEBAGO COUNTY