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Home My WebLink AboutEncroachment Agr/3596 Stearns Dr 3/9/2007 ~~ ....".\.. ~ i;-"' Encroachment Agreement Document Number . Recording Area Name and Return Address - City Attorney's Office Oshkosh, WI 54903-1130 1278800000 Parcel Identification Number CITY OF OSHKOSH AND PROPERTY OWNER This document drafted by: Lytm A. Lorenson, Assistant City Attorney Oshkosh, VVI 54903-1130 :I.,. ( (. AGREEMENT WHEREAS, Daniel E. Dowling is the fee owner of 3596 Stearns Drive and described as: Part of the N.E. %ofthe N.W. % of Section 3, T18N, R16E, City of Oshkosh, Winnebago County, Wisconsin (see Exhibit A); and WHEREAS, a sanitary sewer and water main easement has been dedicated to the City of Oshkosh over such parcel for public purposes; and t WHEREAS, Daniel E. Dowling desires to place an obstruction over such easement as follows: A private driveway to be constructed within the easement 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. In consideration of the City of Oshkosh, a Municipal Corporation granting permission to the undersigned property owner to place an obstruction within said easement area described above, the undersigned property owner agrees that he is solely responsible for his 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 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 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 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 obstruction placed by the undersigned property owner 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 pe 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 q day of ~, 2007. tL4~ ] Daniel E. Dowling ( STATE OF WISCONSIN) ) SS. WINNEBAGO COUNTY) Personally came before me this ~ day of Mar~ ,2007, the above-name DANIEL E: D to me known to be the person(s) who executed the foregoing document and ackno~ledged the same. rI; Notary PU?Ii~, ~IN~Ngi!fo; Co., Wisconsin My CommIssion: 2 And: Pamela R. Ubrig, City Clerk STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personally came before me this J~y of hl\.~t/~"-: 2007, the above-named Richard A. Wollangk, City Manager, and Pamela R. Ubrig, City Clerk, of the City of Oshkosh, a municipal corporation, tome 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 said corporation, by its authority. Notary Pub' inn ago Co., WI , My Commission expires/is: ~' OLI.z;OI 0 )-.e , , ,\ i j ~ EXHIBIT II All REFERENCE DRA WING PART OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, OF SECTION 3, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKSOH, WINNEBAGO COUNTY, WISCONSIN. I I I ~ IE-< .Z Ir.:l I;:;! .r.:l len ,~ len IP- 12' WPS EASEMENT S . I I -j~ ~ ------~-M~~;,~~~-&-Eiscl~:i~;.- --;7T ~ ~ Planning _ Surveying - Engineering - Architecture I 109 W. Main St., Omro, WI 54963 Phone (920) 685-6240 Fax (920) 685-6340 www.martenson-eisele.com Email: meomro@charter.net ~_HvLH- 1905.50' NORTHWEST CORNER SECTION 3. T18N-R16E. ALUMINUM MONUMENT ------------- CROSS HATCHING COVERS THE ACCESS ROAD AND DRIVE AREAS BEING THE EASEMENT ENCROACHMENT DESCRIPTION AS FOllOWS: PART OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, OF SECTION 3, TOWNSHIP 18 NORTH, RANGE 16 EAST, CI1Y OF OSHKSOH, WINNBEBAGO COUN1Y, WISCONSIN, DESCRIBED AS FOllOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 3; THENCE SOUTH 89 DEGREES 44 MINUTES 30 SECONDS WEST 40.67 FEET, ALONG THE NORTH LINE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 89 DEGREES 26 MINUTES 27 SECONDS WEST 723,71 FEET, ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 00 DEGREES 30 MINUTES 06 SECONDS EAST 33,00 FEET, TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 29 MINUTES 54 SECONDS EAST 40.00 FEET; THENCE SOUTH 00 DEGREES 30 MINUTES 06 SECONDS EAST 139.94 FEET; THENCE NORTH 89 DEGREES 27 MINUTES 51 SECONDS EAST 10,00 FEET; THENCE SOUTH 00 DEGREES 30 MINUTES 06 SECONDS EAST 272.95 FEET; THENCE SOUTH 89 DEGREES 29 MINUTES 54 SECONDS WEST 50.00 FEET; THENCE NORTH 00 DEGREES 30 MINUTES 06 SECONDS WEST 412.88 FEET, TO THE POINT OF BEGINNING, BEARINGS ARE REFERENCED TO THE WINNEBAGO COUNTY COORDINATE SYSTEM OF 1983(1997) Scale 1 inch = 60 feet , 60 , 120 I o 30 FO UNT' AIN A VE SOUTH 1/4 CORNER . L-1 SECTION 34, T19N-R16E, S 89'44'30" 'W ~ .~~~6'27' .;. .~~~9.~1"l; IL_ .!L~\N~~~O~~~EN~.. _..~.. ~O:~?'_.~ w. 723.71 ~I NORTH 1/4 CORNER 8i SECTION 3, T18N-R1E;E. _. ALUMINUM MONUMENT SURVEY FOR: DOWLING CONSTRUCTION, INC. 3596 STEARNS DRIVE P.O. BOX 3045 OSHKOSH, WI 54903 N89'27'51"E 10.00' N 89026'27" E 185,00' ~ ~ ~ ~ <:::l ~ <:::l <:::l 'O:l BUILDING UNDER CONSTRUCTION PROJECT 1'/0. 0- 1141-004 FIELD BOOK SDR/FlLE FILE 1141004REFERENCE.DWG THIS INSTRUMENT WAS DRAFTED BY: DSL