HomeMy WebLinkAbout606 E Murdock Avenue
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Document Number ./
Doc:mnenlTIde
1407445
REGISTER~S OFFICI1
WINNEBAGO COUNTY WI
RECORDED ON ~.
08/09/2006 09:29AM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 1~J.00
TRANSFER FEE
# OF PAGES 5
ENCROACHMENT AGREEMENT
CITY OF OSHKOSH
and
MUZA METAL PRODUCTS CORPORATION
Recoroing Area
Name and Return Address
-- -----------CITY--ATTORNEY
PO BOX 1130
OSHKOSH, WI 54903-1130
1519310000
Parcel Identification Number (PIN)
//"
This instrument drafted by lynn A. lorenson, Asst. City Attorney
Oshkosh, Wisconsin 54903-1130
/
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This information must be completed by submitter: document rille, name &: return address, and PIN (if required). Olher information such
as rhe granting clall.Ses, legal description, elc. may be placed on rhis firsr page of Ihe documenr or may be placed 011 additional pages of Ihe
document. !i2!E. Use of this cover page adds one page ro your document and $2.00 10 rhe recordiral!. fu. Wisconsin Statures, 59.517. W1WIl 2/96
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AGREEMENT
WHEREAS, the City of Oshkosh has been granted a drainage ditch easement
recorded as document No. 701739, Winnebago County Records, located in Southwest %
of the Southeast ~ of Section 12, Township 18 North, Range 16 East, in the Fifteenth
Ward, City of Oshkosh, Winnebago County, Wisconsin; and
WHEREAS, Muza Metal Products Corporation, the current owner of the property
subject to the above-described Drainage Easement, desires to encroach upon the above-
described Drainage Easement for the purposes of grading; and
WHEREAS, the City of Oshkosh Department of Public Works has reviewed this
request and the City of Oshkosh is willing to allow the owner to grade the property in
accordance with the attached Exhibit "A".
IN CONSIDERATION ofthe sum of One Dollar{$1.00) and other good and valuable
consideration paid by the Muza Metal Products Corporation, ("Grantee"), the receipt of
which is hereby acknowledged, the City of Oshkosh ("Grantor ") does hereby give and
grant unto the Grantee, its successors and assigns, encroachment rights for grading
purposes over, upon and under certain tracts of land situated in the City of Oshkosh,
Winnebago County, Wisconsin, and described as follows:
,
Commencing at the point of intersection of the North line of Murdock Avenue
(formerly Murdock Street) with the West line of the Fox Valley and Western Limited
Railroad; thence easterly along the North line of Murdock Avenue to a point 30.00 feet
East of the West line of the Fox Valley and Western Limited Railroad as measured at a
right angle to said West line; thence northerly parallel to the West line of the Fox valley
and Western Limited Railroad 69.86 feet to the point of beginning; thence continuing
northerly parallel to West line ofthe Fox Valley and Western Limited Railroad 212.66 feet;
thence westerly 10.00 feet along a line perpendicular to the West line of the Fox Valley
and Western Limited Railroad; thence southerly 212.72 feet to a point 5.00 feet westerly
of the point of beginning as measured along a line perpendicular to the West line of the
Fox Valley and Western Limited Railroad; thence easterly 5.00 feet along a line
perpendicular to the West line of the Fox Valley and Western Limited Railroad to the point
of beginning.
In consideration of the City of Oshkosh, a Municipal Corporation granting permission
to the undersigned property owner to grade within the easement area in accordance with
the attached exhibit, 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 activities by the undersigned
property owner in accordance with this agreement. 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.
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Notwithstanding any other covenant or agreement, the covenants, rights, privileges,
benefits and obligations created hereby shall run with the land and inure tothe benefit of,
and be binding upon, the parties hereto, their successors, tenants, subtenants, licensees,
and assigns.
Dated this 304L day of June, 2006.
Muza Metal Products Corporation
City of Oshkosh
By: ~
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Name and Title: (}~_. 0 D w vu if
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STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY)
"T1 Personally came before me this '50~ day of June, 2006, the above-named
,J\Oi'Y\ClS, L r'\'\V'Z..CL and to me
known to be the person(s) and officer{s) who executed the foregoing document on behalf
of Muza Metal Products Corporation to whom right is granted and acknowledged that ttJey
executed the foregoing instrument as such officer{s) as the deed of said corporation and by
its authority.
0HhC/~
Notary Public, MN'AlcBA60 Co., Wisconsin
My Commission: 7-/'1-2.001
JEFFRY J. PAULUS
Notary PubliC
State of Wisconsin
STATE OF WISCONSIN )
)
WINNEBAGO COUNTY )
SS.
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Personally came before me this ,- day of ~, 2006, the above-named
Richard A. Wollangk and Pamela R. Ubrig, of the City of Oshkosh, a municipal corporation,
to me known to be the person who executed 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.
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Notary PUb. lie, Winnebago Co., YVI I
My Commission expires/is:~
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GRADING
ENCROACHMENT
LIMIT LINE
WEST LINE OF THE FOX
VALLEY AND WESTERN
LIMITED RAILROAD
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MUZA METAL PRODUCTS CORPORATION
PARCEL #91519310000
EXISTING
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STORM UTILITY EAS~
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LEGEND
TEMPORARY GRADING ENCROACHMENT
AREA = 1594.95 SQ. FT.
Drawn: MCW 5/17/2006
GRADING ENCROACHMENT EXHIBIT "A" Checked: CXM 5/17/2006
MUZA METAL PRODUCTS Approved: CXM 5/17/2006
606 EAST MURDOCK AVENUE PROJECT 200600992
OSHKOSH, WISCONSIN NUMBER
FIGURE 1 of 2
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.~ STS CONSUL.TANTS
~ 558 North Main street
./ Oshkosh, WI 54901
X 920-235-0270
www.stsconsultants.com
Copyright @2D06. By: SIS Consultanta. Ud.
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.~ STS CONSULTANTS
J:. 558 North Main Street
./ Oshkosh. WI 54901
x 920-235-0270
www.stsconsultonts.com
Copyright @2006. By. SI5 Con.u~anto, Ltd.
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Grantor: Muza Metal Products Corporation
606 E. Murdock Ave.
Oshkosh, WI 54903-0707
Grantee: City of Oshkosh
215 Church Ave.
Oshkosh, WI 54903-1130
A grading encroachment, being part of the easement described in
Document No. 701739, Winnebago County Records, located in
Southwest 1/4 of the Southeast 1/4 of Section 12, Township 18
North, of Range 16 East, in the Fifteenth Ward, City of Oshkosh,
Winnebago County, Wisconsin, described in said document as follows,
viz:
Commencing at the point of intersection of the North line of
Murdock Avenue (formerly Murdock Street) with the West line of
the Fox Valley and Western Limited Railroad; thence easterly
olong the North line of Murdock Avenue to a point 30.00 feet
East of the West line of the Fox Valley and Western Limited
Railroad as measured at a right angle to said West line; thence
northerly parallel to the West line of the Fox Valley and Western
Limited Railroad 69.86 feet to the point of beginning; thence
continuing northerly parallel to West line of the Fox Valley and
Western Limited Railroad 212.66 feet; thence westerly 10.00 feet
along a line perpendicular to the West line of the Fox Valley
and Western Limited Railroad; thence southerly 212.72 feet to .a
point 5.00 feet westerly of the point of beginning as measured
along a line perpendicular to the West line of the Fox Valley
and Western Limited Railroad; thence easterly 5.00 feet along a
line perpendicular to the West line of the Fox Valley and Western
Limited Railroad to the point of beginning.
----r
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I A-t~ ,-:1
Representative
Muza Metal Products
· ~//d~
,",epresentative
City of Oshkosh
~ - ~_ &'JI;>;
Date
Date
CfO
Title
~/"'Y N~-f~
Title
Drawn: CDH 5/117/2006
GRADING ENCROACHMENT EXHIBIT "A" Checked: CXM 5/117/2006
MUZA METAL PRODUCTS Approved: CXM 5/117/2006
606 EAST MURDOCK AVENUE PROJECT 200600992
OSHKOSH, WISCONSIN NUMBER
FlGURE 20f2
NUMBER