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HomeMy WebLinkAbout450W Ripple Avenue L/~ W K~e.- ~~. EASEMENT 1425333 Document Number Document Title REGISTER'S OFFICE WINNEBAGO COUNiYt WI RECORDED ON 02/09/2007 02:02PM THIS INDENTURE, MADE THIS 7 day of tJ't!..c.., ,2006, by DON EVANS, INC., located in DeForest, Wisconsin, GRANTOR, and CITY OF OSHKOSH, a municipal corporation, located in Winne- bago County, Wisconsin" GRANTEE, JUl.IE PAGEL REGISTER OF DEEDS RECORDING FEE TRANSFER FEE # OF PAGES 11.00 1 ~~ro~ WITNESSETH: Recording Area IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and Name and Return Address valuable consideration paid by Grantee, the receipt of which is hereby acknow ledged, the Grantor does hereby give and grant unto the Grantee, its successors and assigns, an easement in, under and over the land hereinafter described, including the right to enter upon said land for the purpose of construction, 14-1368-0800 maintaining, and repairing a water main upon that certain tract of land Parcel Identification Number situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: City Attorney's Office Oshkosh, WI 54903-1130 (PIN) A part of the W ~ of the SE ~ of Section 2, Township 17 North, Range 16 East, 14th Ward, City of Oshkosh, Winnebago County, Wisconsin described as follows: Commencing at the S ~ comer of said Section 2; thence N. 89056'31" E., 475.60 feet along the south line ofthe SW ~ of the SE ~ of said Section 2; thence N. 01007'50" E., 33.01 feet to the north line ofW. Ripple Avenue also being the true point of beginning; thence N. 01 007'50" E., 1,619.34 feet; thence S. 89056'29" E., 380.84 feet; thence S. 01019'29" W., 30.01 feet; thence N. 89056'29" W., 350.73 feet; thence S. 01007'50" W., 1,589.28 feet to the north line ofW. Ripple Avenue; thence S. 89056'31" W., 30.01 feet along the north line ofW. Ripple Avenue to the true' point of beginning. Said parcel contains approximately 59,103 square feet. Upon exercising any of the rights herein granted, Grantee shall cause the property, soil and grass to be repaired and replaced in a condition similar to its condition immediately prior thereto, and obligates itself to pay to Grantor, its successors and assigns, all actual damages caused by construction, repair, installation, operation, repair or removal of said water main upon said property. IT IS FURTHER MUTUALLY AGREED that no building, tree or other substantial or permanent structure shall be placed upon said property by the Grantor. The City of Oshkosh agrees to provide liability protection for its officers, employees and agents while acting within the scope of their employment. To the extent such protection is afforded by Sec. 893.80 and any similar statute, of the Wisconsin Statutes, the City further agrees to hold the GRANTOR harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above written. DON EVANS, INC. _ ~ By~l~ Name & Title: 'J,{ I? y~~~ Name & Title: J/,/? And: --....--. J STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this ry f-h day of DEx!.877GGl( ,2006, S7l?Ve " ev'AN .5 , and <1!>8NEc' El/I"lN5 , of DON EVANS, INC., to me known to be such persons and officers who executed the foregoing instrument and acknowledged that they executed the same as such officers by its authority, for the purpose therein contained. Notary Public, Winnebago County, WI My Commission: 6' 0 0 1 r""',;:~, I ir" . I ~ ,: ".'k \~, FEB 1 9 2007 \~ , U CITY ~.,.,'~' ,.,..."...,...-.'.... I~~".,.....,=,.,....'..-,.-,..~.-_. . "'~. ,',e ,;....,' ,.........., ?W. '-<Jfho~L1 This instrument drafted by: Attorney Warren P. Kraft, City Attorney, Oshkosh, WI 54903-1130 T