HomeMy WebLinkAboutWinnebago County 2007
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Easement
1444252
THIS INDENTURE, made thiSSri day of~ A. I ~(JO 7
by WINNEBAGO COUNTY, Wisconsin, Grantor, ~d CITY
OF OSHKOSH, a municipal corporation, located in Winnebago
County, Wisconsin, Grantee,
,~
REGISTER'S OFFICE
WINNEBAGOCOUNTY, WI
RECORDED ON
08/10/2007 09:29AM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE
TRANSFER FEE
, OF PAGES
13.00
2
I
Document Number
Document Title
WITNESSETH:
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 upon
certain tracts of land situated in the City of Oshkosh, Winnebago County,
Wisconsin, and described as follows:
Recording Area (' ..)t\.O(~ (:;--
Name and Return Address
City Attorney's Office
Oshkosh, WI 54903-1130
Parcel Identification Number (PIN)
A part of the E 1/2 of the NW 1/4 of Section 36, T19N, RI6E, 15th Ward,
City of Oshkosh, Winnebago County, Wisconsin, described as follows:
COIIlplencingat the NW comer of said Section 36; thence N 89044'43" p., 1,328.72 feet along the north line of said
Section 36 to the NW corner of the NE 1/4 of the NW 1/4 of said Section 36; thence S. 00017'06" W., 1,309.46 feet
along the west line of the NE 1/4 of the NW 1/4 of said Section 36 to the true point of beginning; thence N. 89044'43" E.,
50.00 feet; thence S. 00017'06" W., 720.25 feet; thence S. 77000'00" E., 515.38 feet; thence N. 82000'00" E., 139.37 feet;
thence S. 08000'00" E. 50.,00 feet; thence S. 82000'00" W., 148.63 feet; thence N. 77000'00" W., 564.62 feet to the
west line of the E 1/2 of the NW 1/4 of said Section 36; thence N. 00017'06" E., 759.75 feet along the west line of the
E 1/2 of the NW 1/4 of said Section 36 to the true point of beginning.
By the recording ofthis document, the parties agree to release and terminate a previous easement, dated August 31,
1998, and recorded in the Winnebago County Registry on September 14, 1998 at 10:14:44 as document number
1025805.
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 storm sewer upon said property.
The City recognizes that the County will be allowed to build a foot bridge andl or a pedestrian trail at any point
over the top of the easement. City shall replace andlor repair any portion of said trail features should they be
compromised due to future City storm sewer maintenance activities, except that the County shall be responsible for
repair/replacement of blacktop materials should the County elect to pave the pedestrian trail.
IT IS FURTHER MUTUALLY AGREED that no building or other substantial or permanent structure shall
be placed upon said property by the Grantor.
.....~- .;
~Aft:orney Wal'tenP:1G'a1t--~~-~-'
City Attorney, Oshkosh, WI 54903-1130
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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 froniany 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, the parties have set their seals the day and year first above written.
WINNEBAGO COUNTY, WISCONSIN
By: y~~~ ~~
Mark Harris, County Executive
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ACKNOWLEDGMENT
STATE OF WISCONSIN)
) SS
WINNEBAGO COUNTY )
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Personally came before me this 5\-\1 day of . ua '(~ 200~ Mark Harris, County Executive, and Susan T. Ertmer, County
Clerk, of Win neb ago County, to me known to be the persons and fficers who executed the foregoing Instrument and acknowledged that
they executed the same as such officers by its authority, for the purpose therein contained.
~q~~- " ~
NotaryPublic, Winnebago County, '0'l ct
My Commission: \ () - oS - ;.+Oc')
ACKNOWLEDGMENT
STATE OF WISCONSIN )
) SS
WINNEBAGO COUNTY) . rt : .
Personally came before me this L dayofJ~ ,~c'7 ,~, Richard A. Wollangk, City Manager, and PamelaR. Ubrig,
City Clerk, of City of Oshkosh, to me known to be the perso'ns and officers who executed the foregoing instrument and acknowledged that
th,y ox,,",'" th, "'"" " ,u,h uffi,,~ by it, 'UthU~:='M~
Notary Public,Winnebago Coun,ty.;. WI
My Commission: ,? /C;.l-/~-07
This instrurnent drafted by:
Attorney Warren P. Kraft
City Attorney, Oshkosh, WI 54903-1130