HomeMy WebLinkAboutEncroachment Agr/Baldor 11/06
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Encroachment Agreement
Document Number
CITY OF OSHKOSH
AND
PROPERTY
A.
Reoordin Area
Name and Return Address
City Attorney's Office
Oshkush Wl54903-1130
1413680802
Parcel Identlfieation Number
Attorney
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AGREEMENT
of been granted a drainage ditch easement on
CSM DoC;. No. . 1 O()&744 , Winnebagd County. Records, located in
Southeast 1/4 of 1/4 of Section 2, Township 17, North, Range 16 East, in
the Fourteenth Ward, City of Oshkosh, Winnebago County, Wisconsin;. and
WHEREAS, BALDOR GENERATORS, 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 providing a driveway and fire lane; and
WHEREAS, the
request and the City
lane on the property in
Department of Public Works has reviewed this
allow the owner to install a driveway and fire
attached Encroachment Area Exhibit
IN CONSIDERATION thesum One Dollar ($1.00) and other good and valuable
consideration paid by Baldor Generators ("Grantee"), the receipt of which is hereby
acknowledged, City of ("Grantor") does hereby give and grant unto the
Grantee, its successors assigns, encroachment rights for a driveway and fire lane
over, upon and under certain tracts situated in the City of Oshkosh, Winnebago
County, Wisconsin, described follows:
Located in the Survey Map No. 4330 filed in Volume
1 of Certified Survey as Document No. 1068744; being all of
Lot 3 in Certified Survey No. 4182 and part of the Southeast 1/4 and the
Northeast 1 ofthe So~th~ast 1/4 of Section 2, T17N, R16E, 14th Ward, City of
Oshkosh, Winnebago County, Wisconsin, more particularly described as follows:
Being the Easterly 9 feet ofthe Westerly 25 feet of Southerly 135 feet of said
Certified Survey Map No. 4330.
In consideration of the City of Oshkosh, a Municipal Corporation granting
permission to the undersi.gned property owner to install a driveway and fire lane within the
easement area in accordance withihe attached exhibit, the undersigned property owner
that It is solely responsible its activities under this agreement. The undersigned
property owner hereby City of Oshkosh from all debt, claims, demands,
damages, actions which may result from the activities by
the undersigned in with this agreement. Further, the
undersigned property owner agrees to protect hold City of Oshkosh harmless
against actions, claims and demands of any kind or character whatsoever which may
In any way be caused by the activities under privilege by the undersigned 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 attomey 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 liberally 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 to the benefit of,
and be binding upon, the parties hereto, their successors, tenants, subtenants, licensees,
and assigns.
Dated this-B- day of rlJw , 2006.
CITY OF OSHKOSH
ByJ/d ~
_Bi.chard A. Wollang!<,Cil':1. M" nager
C ~ ~
And: r
Pamela R Ubrig,
BALDOR GENERATORS
~~
Name & 11!~. I 0.- )~~k) t1,~ ~~. ~
Name &
WISCONSIN)
) SS.
WINNEBAGO COUNTY) d.
~. . person. ally came b.efOre me ill.. ;<1 day of ~ ~~k 2006. .t.he above-nam. ,6.. 9.
"Y?1 .:r.(/ ~ I~I ~ $ J rtI. (/A'L~ and. t9
me known to be the person(S) and offi. r(s) who executed the foregoing document on behalf of said eALDOR
GENERATORS to whom right is. granted and acknowledged that they executed the foregoing instrument as such
the deed of said company and authority
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STATE OF WISCONSIN
WINNE8AGO COUNTY
SS.
Personally came before me this clay of . 2006, the above-named Richard A.
Wollangk, City Manager and Pamela R. Ubrig, City Clerk, of the City of Oshkosh, a municipal corporation, to me known
to be the who instrument. and to me known to be such officer of said corporation, and
that they instrument as such as the deed of said corporation, by its
Notary Public,
Commission
Co., WI
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ENCROACHMENT AREA
EXHI81 T
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DENOTES ENCROACHMENT AREA
AREA =0 1215 SQ. FT
130'
BUlLD!NG &: PAVEMENT sETBACK
g'
S. LINE .. lOT 1 CSM NO, 4330
WEST RIPPLE AVENUE
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100 CAMELOT DRIVE
FOND 00 LAc. WI549JS
PH: (920) 926-9800
ENGINEERING INC FAX: (9201 926-9801