HomeMy WebLinkAboutW 35th Avenue
5 ~ flu/- L-J
Easement
1.4251.39
REGISTER'S OFFICE
WINNEBAGO COUNTY t ~fI
RECORDED ON
02/08/2007 09:1~IAM
JULIE PAGEL
REGISTER OF DEEDS
Document Number
Document Title
THIS INDENTURE, made this 30th day of October
by WINNEBAGO COUNTY, Wisconsin, Graptor, ,and ,CITY
OF OSHKOSH, a municipal corporation, 10patediI1Winnebago
County, Wisconsin, Grantee,
,2006,
WITNESSETH:
RECORDING FEE
TRANSFER FEE
# OF PAGES
11 . 00
1
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good
and valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, 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 saiclland for
the purpose of construction, maintaining, and repairing a water main
upon certain tracts of land situated at Wittman Regional Airport, City of
Oshkosh, Winnebago County, Wisconsin, and described as follows:
Recording Area
Name and Return
-
14-1368-0000
Parcel Identification Number (PIN)
A part of the NW Y4 of the SE Y4 of Section 2, Township 17 North, Range 16 East, 14th Ward, City of Oshkosh,
Winnebago County, Wisconsin described as follows:
Commencing at the S Y4 comer of said Section 2; thence N. 89056'31" E., 475.60 feet along the south line of the
SW Y4 ofthe SE Y4 of said Sectiol;J.2; thence N. 01007'50" E., 1,652.35 feet; thence S. 89056'29" E.,350.83 feet to
the true point of beginning; thence N. 01019'29" E., 331.20 feet; thence S.89056'25" E., 30.01 feet; thence
S. 01019'29" W., 331.20 feet; thence N. 89056'29" W.,30.0l feet to the true point of beginning.
Said parcel contains approximately 9,936 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 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 oftheit employment.
IN WITNESSWH~RE.OF,said Grantor h,as hereunto set its h,md and seal the, day alld year first, above
written.
WINNEBAGO COUNTY, WISCONSIN
By: f/J1dc/~
Mark Harris, County Executive
-.--
STATE OF WISCONSIN)
,=,ACKN()WLEDG~;r.ENT
) SS
WINNEBAGO COUNTY)
Personally came before me this 30 ~ day of tJC::lrJ.-t.....vL ,2006, Mark Harris, County Executive, and Susan Erlmer, County
Clerk, of Win neb ago County, to me known to be the 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.
~ J b;'~-d-
Notary Public, Winnebago County, WI
My Commission: 7" / S;: ,0 7
This instrument drafted by:
Warren P. Kraft, City Attorney
Oshkosh, WI 54903-1130
~