HomeMy WebLinkAboutUnion Pacific Railroad Company
-
.~..
.
~
CITY CLERK'S OFt:ICE
RELEASE AND QUITCLAIM OF
EASEMENT
Document Number
COVER SHEET
FOR
RECORDATION
OF
RELEASE AND QUITCLAIM
OF EASEMENT
FROM
UNION PACIFIC RAILROAD COMPANY
TO
REDEVELOPMENT AUTtiOR!TY OF THE
CITY OF OSHKOSH
C:\DOCUME-l \land176\LOCALS_l\Temp\notesOE5B2D\2429-78.R&Q.doc
1453835
REGISTER~S OFFICE:
WIHNEBAGO COUNTY, WI
RECORDED ON
11/16/2007
09: 510AH
JUl..IE PAGEl..
REGISTER OF DEEDS
RECORDING FEE 17.00
TRANSFER FEE
# OF PAGES 4
...
Recording Area
Name and Return Address
CITY ATTORNEY
PO BOX 1130
OSHKOSH WI 54903-1130
~
Parcel Identification Number (PIN)
(When applicable)
o~~
'''i,., "I"
~.
2429-78
RELEASE AND QUITCLAIM OF EASEMENT
THIS Release and Quitclaim, made this Z.S""';day of~, 2007 by
and between UNION PAClFIC RAILROAD COMPANY, a Delaware corporation (successor
in interest by merger to Chicago and North Western Transportation Company), Grantor,
and REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, a municipal
corporation of the State of Wisconsin, Grantee, WITNESSETH:
RECITALS
WHEREAS, by Deed dated December 10,1965, and recorded on April 29"
1966, at Book 1140, Page 45, Official Records of Winne be go County, Wisconsin, Grantor
reserved unto itself, its successors and assigns, an easement for the operation and
maintenance of railroad trackage and appurtenances upon, over and across certain lands
in Winnebego County, State of Wisconsin (the "Property"), and the right to maintain,
operate, use, reconstruct and replace any and all existing conduits, sewers, water mains,
gas lines, electric power lines, communication lines, wires and other utilities on thE~
Property, including the land described in Exhibit A attached hereto and hereby made a
part hereof; and
WHEREAS, Grantee desires the cancellation and release of the easement
rights granted to Grantor in that Deed dated December 10, 1965, upon, over and across
the land described in Exhibit J.\, and Grantor is willing that such easement rights upon,
over and across the land described in Exhibit A be quitclaimed and released.
NOW, THEREFORE, Grantor, in consideration of the premises and in
consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the
receipt of which is hereby confessed and acknowledged, for itself, its successors and
assigns, does hereby REMISE, RELEASE AND QUITCLAIM to Grantee, its successors
and assigns, forever, all of its right, title, interest, estate, claim and demand, both at law
and in equity, which it has by reason of those easements in and to the land described in
Exhibit A, it being the intent hereof to release only the right of Grantor with respect to said
easements, and to leave in full force and effect all other provisions of said Deed dated
December 10, 1965.
IN WITNESS WHEREOF, Grantor has caused these presents to be sealE~d
with its corporate seal and to be signed by its authorized officers, the day and year first
herein written.
UNION PACIFIC RAILROAD COMPANY,
a Delaware corporation
(Seal) By:
Title:
~~
Assistant ce President - Real Estate
C:\DOCtJME.-.-l'lland176\LOCAL8-1 \Temp\notcsOESB2D\2429-78.R&Q.doc
'-r ...;.. -f
r; UNION PACIFIC RAILROAD COMPANY
Oshkosh, Winnebago County, Wisconsin
EXHIBIT "A"
Those parts of Lots Three (3), Four (4), Eighteen (18) and Twenty to Thirty (20 to 30), both
inclusive, in Block "G", Western Addition to the City of Oshkosh, Winnebago County,
Wisconsin, bounded and described as follows, to-wit:
Beginning at a point in the Southeasterly line of Pine Street, being also the Northwesterly line of
said Block "G", distant Twelve (12) feet Northeasterly, measured at right angles, from the center
line ofthe Oshkosh to Hortonville Branch main track of the Chicago and North Western
Railway Company, as the same is now located and established in the said City of Oshkosh;
Thence Northeasterly along the said Southeasterly line of Pine Street to a point distant 8.5 feet
Northeasterly, measured at right angles, from the center line of a Spur Track of said Railway
Company, known as I.C.C. Track No.5, as the same is now located and established across said
Block "G";
Thence Southeasterly parallel with said spur track center line to the line common to Lots Three
(3) and Thirty (30) in aforesaid Block "G";
Thence Northeasterly along said common lot line to the most Northerly comer of said Lot Thirty
(30);
Thence Southeasterly along the Northeasterly line of Lots Thirty to Twenty (30 to 20), both
inclusive, and Lot Eighteen (18) of said Block "G" to the Southeasterly line of said Block "G",
being also the Northwesterly line of Jay Street;
Thence Southwesterly along said line of Block "G", a distance of33 feet, more or less, to a point
distant 87.06 feet Northeasterly from the most Southerly comer of said Block "G", said point
being, also, the most Easterly comer of that certain parcel of land conveyed by the aforesaid
Railway Company to Joseph F. Stadtmueller & Company by a deed dated July 27, 1948;
Thence Northwesterly along the Northeasterly line of the land so conveyed by said deed dated
July 27, 1948, being a line which forms an angle of 90001' (from Southwest to Northwest), and
runs a distance of 110.44 feet to a point of curve; thence Northwesterly along a curve line
concave to the Southwest, tangent to the last described line and having a radius of 637.27 feet, a
distance of62.27 feet to a point of tangency;
Thence continuing Northwesterly tangent to the last described curve line, a distance of 68.05
feet, more or less, to the Northwesterly line of said Lot 21;
Thence Southwesterly along the Northwesterly line of said Lot 21, forming an angle of95035'
(from Southeast to Southwest) with the last described line, to a point distant Twelve (12) feet
Northeasterly, measured at right angles, from the aforesaid main track center line;
Thence Northwesterly parallel with said main track center line, a distance of 660 ft., more or
less, to the Point of Beginning.
Contains an area 1.40 Acres more or less.
OFFICE OF REAL ESTATE
OMAHA, NEBRASKA
August 21, 2007
242978.leg
'it..~. ~ +4
.
"
ACKNOWLEDGMENT
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On this ?.S!.1day of {):tbbev ,2007, before me, Gf't..et<i A LA~~,,\
Notary Public in and for said County and State, personally appeared ~ . L{Jve
and ~ ' E! t1eel\a n . who are the ~5 '$1 'c r. fl't - e' 6 -iqie..
and the Assistant Secretary, respectively, of Union Pacific Railroad Company, a Delaware
corporation, and who are personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to in the within
instrument, and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons acted, executed the instrument.
(Seal)
~~TNES:k: and official seal. ~0u~~
~:(Q~i~j:) MY COMMISSIOtfEXP1RES
"',f.~;..1;~!./ Augusl28, 2008
",....",
...,.tl ~'li!l
This instrument was prepared by:
Union Pacific Railroad Company
Law Department
1400 Douglas Street, Stop 1580
Omaha, Nebraska 68179
C:\DOCUME-1 \land176\LOCALS-1 \T emp\notesOE5B2D\2429-78. R&Q _ doc