HomeMy WebLinkAboutEncroachment Agr/96 Gibson Ct
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Encroachment Agreement
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Document Number
REGISTER'S Q):;'FICE
WINNEBAGO COUNTY. WI
RECORDED ON
04/12/2006 ~h25AM
JULIE PAGEL
REGISTER OF DEEDS
RI:.CORIHNG FEE
fRANSfER FfE
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15.00
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Recording Area
Name and Retu~
City Attorney's Office
Oshkosh, WI 54903- t 130
91413343500
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, Dennis K. Moe and Christopher L. Martin are the fee owners of 96 Gibson Court
as described as lot 1 of Stoney Beach West, Part of the N.E. % of the S.W. % of Section 36, 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, Dennis K. Moe and Christopher L. Martin desire to place an obstruction over
such drainage easement as follows:
A private fence to be constructed along the southwest (rear) property lines at 96
Gibson Court. The proposed fence will encroach into an existing City of Oshkosh
drainage easement located along the southwest property line. The proposed fence to
be installed within the easement shall be constructed along the top of the existing
berm along the southwest property line so as not to hinder the flow of water through
the drainage easement. Additionally, the proposed fence crosses a 20' drainage
easement to the west that serves as an overflow path for the existing detention
facility. The portion of the proposed fence that crosses the 20' drainage easement to
the west shall be constructed to allow for 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 split rail, chain link, and board on
board (bottom board of the fence must be a minimum of 8" off of the ground). The
limits of the 20' easement that serves as the overflow for the detention basin are as
follows: 20' along southwest property line of 96 Gibson Court measuring 36.49' to
56.49' from the southern most property corner. The property owner shall be
responsible for maintaining the fence and removing any obstructions that may hinder
the flow of water through the easement.
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/she/it 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 causes of action whatsoever
which may result from the placement of an obstruction in the City of Oshkosh drainaqe 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 anyway 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 ownelr
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.
DU::~ .2005>, c7
Dennis K. Moe . topher L. Martin
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY)
/I/J ,Personally, cal1}le bef9re me this ~1~ day of ~, , 2005, the above-named
~6~~ ~ and ~~ ~ 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.
~~~---J
Notary Public, ~) Co., Wisconsin
. My Commission: 11/0.; Jo~
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CITY OF.OSHK~ C~~
By?$r And:
Richard A. Wollangk, City Manager Pamela R. Ubrig, City CI
(]
STATE OF WISCONSIN
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WINNEBAGO COUNTY )
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d:!onallY came before. me:this /6 day of , ~~ the above~name
, ~.UJ~~ ~ h1~nd .
of the City of Oshkosh, a u icipa corporation, to me known to be the perso no ex cuted the
foregoing instrument, and to me known to be such officer of said corporation, and acknowledged
that they executed the foregoing instrument as such officers as the deed of said corporation, by its
authority.
SS.
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Notary Public, Winnebago Co., WI
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