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HomeMy WebLinkAbout240 Ohio Street ~ ;,., Document Number WITNESSETH: IN CONSIDERATION ofthe 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 for construction, maintainin and repairing a storm sewer over, upon and under certain tracts ofland situate in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: c/c;'a ()ftI~u-.er :1424:125 REGISTER'S ClFFICJ~: WINNEBAGO COUNTY, WI RECORDED 'ON 01/29/2007 09:39AM JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 1:3.00 TRANSFER FEE # OF PAGES 2 Recording Area Name and Return Address - City Attorney's Office Oshkosh, WI 54903-1130 0600021600 Parcel Identification Number (PIN) That part of Lot 2 in Certified Survey Map No. 5619 in fractional Section 23, T18N, RI6E, City of Oshkosh, Winnebago County, Wisconsin, bounded and described as follows: Commencing at the SE comer of said Lot 2, thence North 46000'21" West along the Southwesterly line of said Lot 4.34 ft. to the point of beginning of the easement to be described, thence continuing North 46000'21" West along said line 30.03 ft., thence North 41013 '51" East 83.24 ft., thence North 09026'38" West 45.92 ft. to a point on the Northeasterly line of said lot, thence South 44057'32" East along said Northeasterly line 40.94 ft. to a Northeasterly comer of said Lot, thence South 00039'36" East along the East line of said Lot 35.20 ft., thence South 37031 '55" West along the Southeasterly line of said Lot 18.05 ft., thence South 41013'51" West 66.85 ft. to the point of beginning. Said easement contains 3,437 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, maintenance and repair ofthe storm sewer upon said property. IT IS FURTHER MUTUALL Y 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 haTIIlless from any and all liability, includ- ing 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. BROS, LLC By: ACKNOWLEDGMENT STATE OF WISCONSIN ) ) SS WINNEBAGO COUNTY) I . J\, 7 Personally came before me this 2-<.. day of 'Jo.\\uQ.r- ~ . 200(}.. Andrew J. Dumke, Managing Member, BROS, LLC to me known to be the person and officer who executed th foregoing instrument a,nd acknowledged that he executed the same as such officer by its authority, for the purpose therein contained. ~~~4~'~ Notary Public, Winnebago County, WI My Commission: 0. \J..,~ \J.. S, t-. 2- 2. I 'LO \ 0 This instrument drafted by: Lynn A. Lorenson, Asst. City Attorney Oshkosh, \VI 54903-1130 o'~ ~~:' , , '" ~ EXHIBIT t PART OF LOT 2 IN CERTIFIED SURVEY MAP NO, 5619 IN PART OF FRACTIONAL SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. JUNE 7, 2006 EXHIBIT AND STORM SEWER EASEMENT DESCRIPTION FOR MARTIN GANTHER GROUP STORM SEWER EASEMENT DESCRIPTION NO. 4511A THA T PART OF LOT 2 IN CERTIFIED SURVEY MAP NO. 5619 IN FRACTIONAL SECTION 23, T18N, RI6E, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING A T THE SE CORNER OF SAID LOT 2, THENCE NORTH 46'00'21" WEST ALONG THE SOUTHWESTERL Y LINE OF SAID LOT 4,34 FT TO THE POINT OF BEGINNING OF THE CASEMENT TO BE DESCRIBED, THENCE CONTINUING NORTH 46'00'21" WEST ALONG SAIO LINE 3003 rT, THENCE NORTH 41'13'51" EAST 83.24 FT, THENCE NORTH 09'26'38" WEST 45,92 rT TO A POINT ON THE NORTHEASTERL Y LINE OF SAID LOT,. THENCE SOUTH 11'57'32" CAST ALONG SAID !-JORTHEAS7ERL Y LINE 40.94 ft.-TO A NORTHEASTERLY CORNER OF SAID LOT, THENCE SOUTH 00'39'36" EAST ALONG THE EAST liNE OF SAID LOr 35.20 FT., {HENCE SOUTH 37'31'55" WEST ALONG THE SOUTHEASTERL Y LINE OF SAID LOT 18.05 FT., THENCE SOUTH 41'13'51" WEST 66.85 FT TO THE POINT or BEGINNING. SAIO EASEMENT CONTAINS 3,437 SQUARE FEU. ( "" "" LOT 1 CSM. 5619 VACANT LOT 2 CSM. 5619 GRAPHiC SCALE 15 0 7.5 15 30 ~I ( IN FEET ) 1 inch = 30 VACANT 60 I ft. A BOUNDARY SURVEY WAS NOT PERFORMED, National Survey & Engineering A Division of RA Smith & Associates, inc. I / / ~ / / 920-233-2884 Fax 920-231-9872 2850 Universal Street Oshkosh, \VI 54904 NO. 4511A JUNE 7, 2006 www.nsae.com . u~,?/\ /-. " ST CORNER OF LOT 2 IN CERTIFIED SURVEY MAP NO. 5619 b. ~, O~ " '~', A "~~, ~ f/:~ ,~, ,~, ~ " ", '" , (--) J\ fr:' , R \ (f),! \ gl \ i=fr: (n l.J..! XiS: " Wi~ '\~ J J N J ".~.'~f~re:r~I~"'" '~',1~'~. RE'C:EIVl~D'~"~ ~!UN 08 20106