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EASEMENT
Oocument Number
1433514
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State of.Wisconsin
Department of Natural Resources
Box 7921
Madison, WI 53707
Underground STORM SEWER
line
EASEMENT
Sections 23.09(10), Wis. Stats.
Form 2200-15 NER REV. 7-97
REGISTER'S OFF]Cl~
WINNEBAGO COUNTY. WI
RECORDED ON
05/03/2007 09:~}3AJt
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE
TRANSFER FEE
# OF PAGES
19.00
5
This easement, made this ~ day of ~, 20 Or , by and
between the State of Wisconsin Department of Natural Resources,
Grantor, and City of Oshkosh, Grantee. Whereas; the Grantee
desires to construct a Storm Sewer line 30 feet wide over the
following described lands of the Grantor in Winnebago County,
Wisconsin:
T18 N, RI7E, Town of Oshkosh, Winnebago County, Wisconsin
Recording Area
Return:
City of Oshkosh - C, ';4. /lily
215 Church Ave., P. O. Box 1130 . n
Oshkosh, WI. 54903-1' 30 ~~
Attti.. &te. e C6hcls FE, Il8Jlt. 6f Pltalie 'N Sft<ll-
Section 6: A parcel of land being part of Government Lot 3 being
described as follows:
Easement 1
Commencing at the Northwest corner of Section 6, TI8N, RI7E, the true Point of Beginning; thence S89025'04" E.,
23.87 feet along the North line of Government Lot 3; thence SI8008'14" E., 120.41 feet; thence S00040'42" E.,
99.99 feet; thence NI8008'14" W., 201.04 feet to a point on the West line of Said Government Lot 3; thence
NOOOO7'43" E., 23.60 feet along said West line of Government Lot 3 to said Northwest corner of Section 6, TI8N,
RI7E, the true Point of Beginning.
Easement 2
A strip of land lying 15.00 feet on either side of the following described centerline: Commencing at the Northwest
corner of Section 6, TI6N, R17E; thence S89025'04" E., 60.00 feetalong the North line of Government Lot 3;
thence SOo040'42" E., 841.67 feet; thence S42027'1O" E., 91.92 feet; thence N80039'36" E., 167.42 feet to the true
Point of Beginning; thence SI8008'14" E., 107.34 feet to the water's edge of Lake Winnebago.
Part ofT. P. N. 018-0251-01
NOW, THEREFORE, for and in consideration of the following sum: Five hundred Dollars ($500.00), the Grantor
hereby conveys to the Grantee, its successor and assigns, a non-exclusive easement for Easement 1 and Easement 2
to construct, maintain, inspect, operate, repair, remove and replace under the above described premises, a storm sewer
line, including all necessary wires and appliances under the above described premises relating to the storm sewer line.
Easement 1 and Easement 2, are each, one "open-cut" trench excavation to accommodate one under~round 43"
X 68" horizontal elliptical storm sewer line.
The subject underground permanent easements are more particularly set forth on Exhibit "A" which is attached hereto
and made a part hereof.
It is understood that:
1. All stumps, slash and other debris resulting from the clearing of the right-of-way shall be disposed of by the
Grantee in a manner acceptable to the Grantor.
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the Grantee, for disposal, by sale or otherwise, by the Grantor.
3. The Grantee may cut, trim and remove any brush, trees, logs, stumps or branches which by reason of their proximity
may endanger or interfere with the said line(s) or the operation thereof. Any such undertakings occurring after the
initial installation shall be done with the prior written approval and under the supervision of the Grantor. except for
emergency repairs. If emergency repairs become necessary. Grantee will notify Grantor as soon as possible of the
emergency and the actions taken to respond to it.
4. The title to the eased premises shall automatically revert to and revest in the Grantor without reentry upon the
abandonment of the use of the same for unden!round storm sewer line purposes or upon non-use of the same for a
period of two years.
5. It is hereby agreed by and between the parties to this easement that each party is solely responsible for its own
activities and the activities of its employees/agents hereunder and any injuries or damages to said underground storm
sewer line which may result therefrom. Each party agrees to hold the other party harmless against any claim debt.
demands. damages. action and cause of action whatsoever which may result from the action or inaction of it~l
employees and agents.
6. No provision of this easement is intended. or shall be construed to be a waiver for any purpose by the City of
Oshkosh of the provisions of 9 893.80. 895.52 and 345.05 or any other applicable limits on municipal liability. Any
indemnification that the City of Oshkosh gives under this easement is specifically limited by this paragraph to the end
that the City of Oshkosh shall not be liable in indemnification or contribution for any amount greater than the
recoverable limits for claims against municipalities established by Wisconsin law.
7. The easement shall be non-exclusive and the Grantor may use the above described premises and shall have the right
to lease or convey other easements to one or more other person(s), company(ies) or other entity(ies); provided that
any such subsequent use, lease or conveyance shall not interfere with the Grantee's rights. Grantee has the right to
review any other easement that mav be granted that may affect this easement.
8. The Grantee will contact the one call utility identification system for identifying the location of any existing utility
lines located within the easement area and will be responsibleJor any and all damages, costs or liabilities that result
from any damages to these lines caused by the Grantee.
9. The Grantee shall maintain the area of this easement in a decent, sanitary and safe condition during construction
repair and maintenance, and at no time shall the Grantee allow its installation to cause a hazard or unsafe condition.
10. The Grantee shall contact the Grantor's project manager, Michael W. Schrage at 920-424-1263, prior to commencing
any construction or maintenance work occming after the initial installation.
11. All buried cables will be placed at a depth of 30 inches or more and/or a plastic "warning" tape be placed above the
cable to prevent accidental cutting.
12. The Grantee shall comply with all applicable federal, state and local laws and regulations in exercising any and all
rights granted herein.
13. The Grantee shall comply with all applicable federal, state, and local laws and regulations in exercising any and all
rights granted herein. The granting of this easement does not include any necessary approvals and/or permit~
required under Chapter 30. Wis. Stats.
14. The Grantee must meet all state Archeological & Historical checks in the proposed ground disturbance area before
construction begins.
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15. The Grantee must agree to secure with a Locking lid a man-hole cover in Easement 2. which is the outflow to
Asylum Bav and will maintain a trash l!uard on the outflow pipe. The Grantee will be responsible to keep the
man-hole cover and trash l!uard secured and in l!ood condition. The Grantor will notify the Grantee in the
event of anv maintenance work that is required to said man-hole cover and trash l!uard so Grantee can do the
work accordinl!lv.
The terms of this easement accepted this /'[fi^'day o[Y\CtJ)jJ'~\, ' 2007.
City of Oshkosh
~~
Richard A. Wollangk, City Manager, City of Oshkosh
State of Wisconsin
County of lfVN\)AD ~!P
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) ss.
)
1m day of ~(A/\
, 20 U, the above named
Personally came before me this
Richard A. Wollanl!k and Pamela R. Ubril!, City of Oshkosh, to me known to be the persons who executed thi~
foregoing instrument and acknowledged that he/she executed and delivered the same as for the act and deed of said City
of Oshkosh.
type/print
My Commission (expires)(is) (~-dl-d.DI 0
Winnebago County
Attest y;VJ~~ d ~~
Mark Harris
Winnebago County Executive
3/S/07
D~te '
IN WITNESS WHEREOF the Grantor has caused this instrument to be executed on its behalf this
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day
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State of Wisconsin )
) ss.
County of Dane )
Personally came before me this
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20 OT-
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State of Wisconsin
Department of Natural Resources
For the Secretary
By
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sArr,,\
, 20 Or , the above named
day of
Richard E. Steffes, State of Wisconsin Department of Natural Resources, to me known to be the person who eXI~cuted
the foregoing instrument and acknowledged that he/she executed and delivered the same as for the act and deed of said
Department of Natural Resources.
This instrument drafted by: State of
Wisconsin Department of Natural Resources,
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Notary Public, State of Wisconsin
My Commission (expires)(is) \\ Wwoq
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