HomeMy WebLinkAbout07-215
AUGUST 14, 2007
07 -215
RESOLUTION
(CARRIED 6-0 LOST
LAID OVER
WITHDRAWN
PURPOSE:
INITIATED BY:
ACCEPT UTILITY EASEMENTS:
A) 1418 COOLIDGE AVENUE
B) 1319 ARTHUR AVENUE
DEPARTMENT OF PUBLIC WORKS
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
proper City officials are hereby authorized and directed to accept easements from the
following and to execute any and all documents necessary for purposes of same.
A) 1418 Coolidge Avenue; Leland Ziebell, owner
Per the attached "Exhibit A".
B) 1319 Arthur Avenue; David Ehlke, owner
Per the attached "Exhibit B".
EXHIBIT A
Easement
Document Number
Document Title
nnsINDENTURE,madethis /;21yof ~ ,2007,
by LELAND R. ZIEBELL, Grantor, and CIT F OSHKOSH, a
muni'cipal corporation, located in Winnebago County, Wisconsin, Grantee,
.
vnTNESSETH: .
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 aplmowledged, 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, maintaining, and repairing a storm sewer
over, under and upon certain tracts of land situated in the City of Oshkosh,
Winnebago County, Wisconsm, and described as follows:
Recording Area
Name and Return Address
-
City Attorney's Office
Oshkosh, WI 54903-1130
16-0324-0000
Parcel Identification Number
A parcel ofland being part of the SW Y4 of the SE ~ ofS.ection 15, TI8N, RI6E, 16th Ward,
Northwestern Car & Machine Company 1st Addition Block C, City of Oshkosh, Winnebago County,
State of Wisconsin and being described as follows:
(PIN)
The north 22 feet of the west 15 feet excepting the north 12 feet of the west 15 feet of Lot 9 Block C
Northwestern Car & Machine Company 1st Addition.
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, it successors and assigns, all actual damages caused by repair, installation, operation, repair or removal of
said storm sewer through said property. .
No improvements are allowed within the areas reserved for public utility and drainage easements. Improvements
include, but are not limited to, building structures, driveways, parking areas, sheds, landscaping or fences. Any
improvements shall be allowed only by special exception of the Board of Public Works.
The Grantee releases the Grantor from all debts, claims, demands, damages, actions and causes of ac:tion
whatsoever which may result from said easement heretofore granted by Grantor, and further agrees to hold the Grantor
free and harmless from any claim for damages which may be made by reason of damages or injury to persons or
property connected therewith.
) SS,
WlNNEBAGO COUNTY)
. . d
Personally came before me this ~ day of ~. 2007, the above named Leland R. Ziebell, to me lmown to
be the person who executed the foregoing instrume~edged the same. .
4~C7-?~~.
Notary Public, Winnebago County, Wisconsin
My Commission expired: Ie!? -/3- 0 cr
This instrument drafted by:
Attorney Lynn A. Lorenson
Oshkosh. WI 54903-1130
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EXHIBIT B
Easement
Document Number
Document Title
.:;d:,~
TillS lNDENTURE, made this d. 7 day of '----r /)
by DA VID EHLKE, Grantor, and CITY OF HKOSH, a
municipal corporation, located in Winnebago County, Wiscon~in, Grantee,
WITNESSETH:
,2007,
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 said land for
the purpose of construction, maintaining, and repairing a storm sewer
over, under and upon certain tracts of land situated in the City of Oshkosh, .
Winnebago County, Wisconsin, and described as follows:
Recording Area
Name and Return AddreSs
-
City Attorney's Office
Oshkosh, WI 54903-1130
16-0188-0000
Parcel Identification Number (PIN)
A parcel ofland being part of the NW Y4 of the SE Y4 of Section 15, TI8N, R16E,
16th Ward, Riverside Lawn Addition Block F, City of Oshkosh, Winnebago County,
State of Wisconsin and being described as follows:
The south 10 feet of the west 10 feet of Lot 2 Riverside Lawn Addition Block F. (1319 Arthur Ave.)
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, it successors and assigns, all actual damages caused by repair, installation, operation, repair or removal of
said storm sewer through said property.
No improvements are allowed within the areas reserved for public utility and drainage easements. Improvements
include, but are not limited to, building Structures, driveways, parking areas, sheds, landscaping or fences. Any
improvements shall be allowed only by special exception of the Board of Public Works.
The Grantee releases the Grantor from all debts, claims, demands, damages; actions and causes of action
whatsoever which may result from said easement heretofore granted by Grantor, and further agrees to hold the Grantor
free and harmless from any claim for damages which may be made by reason of damages or injury to persons or
property connected therewith. .
IN :wITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above
written. ~~ ~~
:AVIDE KE
STATE OF WISCONSIN)
) SS,
WINNEBAGO COUNTY)
rt::-
Personally came before me this ~ 7 day of J tl-.n.e- , 2007, the above named DAVID EHLKE, to me known to
be the person who executed the foregoing instrume and aclmowledged the same. .
uf~? -'d ~---
Notary Public, Winnebago County, Wisconsin
My Commission expired: /..:2 -f B -C)9
~ ,
This instrument drafted by:
Attorney Lynn A. Lorenson
Oshkosh, "WI 54903-1130
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EXHIBIT B
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