HomeMy WebLinkAboutEncroachment Agr/70 Jacob Ave
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Encroachment Agreement
1453473
REGISTER'S OFFICE
WINNEBAGO COUNTY, lfI
RECORDED ON .
11/13/2007 09:3:~AM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 15.00
TRANSFER FEE
, OF PAGES 3
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Document Number
Recordine; Area
Name and Return Address
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City Attorney's Office
Oshkosh, WI 54903-1130
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91416581000
Parcel Identification Number
CITY OF OSHKOSH
AND
PROPERTY OWNER
This document drafted by Lynn A. Lorenson, Assistant City Attorney
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AGREEMENT
WHEREAS, Patrick Culver is the fee owner of 70 Jacob Avenue as described as
Lot 10 of Patriarchs Subdivision, Part of the N.W. 1,4 of the N.E. 1,4 of Section 1, T17N,
R16E, City of Oshkosh, Winnebago County, Wisconsin; and
WHEREAS, a drainage easement has been dedicated to the City of Oshkosh over
such parcel for public drainaqe purposes; and
WHEREAS, Patrick Culver desires to place an obstruction over such drainage
easement as follows:
A private fence to be constructed along the Northern property line and th<<!
northwestern half of the western and eastern property line at 70 Jacob
Avenue. A portion of the proposed fence will encroach into an existing City
of Oshkosh drainage easement along theea$t and north property lines. Thle
portion of the proposed fence to be constructed within the area of the existin!~
drainage feature area shall be constructed to allow for the free flow of water
through the drainage easement and property. The property owner has
proposed a picket fence, constructed of 4-inch wide pickets within a 2-inclh
gap between pickets. The pickets shall terminate a minimum of 2" abov,e
ground grade. The property owner shall be responsible for maintaining the
fence and removing any obstructions to allow for the continued free flow of
water through the proposed fence.
and
WHEREAS, the City of Oshkosh Department of Public Works has reviewed thiis
request and the City of Oshkosh is willing to allow the placement of the requested
obstruction subject to certain conditions.
NOW, THEREFORE, in consideration of the City of Oshkosh, a Municipal
Corporation granting permission to the undersigned property owner to place an obstruction
within the drainage easement area described above, the undersigned property owner
agrees that he/shelit is solely responsible for his/her/its activities under this agreement.
The undersigned property owner hereby releases the City of Oshkosh from all debt, claims,
demands, damages, actions and causes of action whatsoever which may result from the
placement of an obstruction in the City of Oshkosh drainaqe easement by the undersigned
property owner. Further, the undersigned property owner agrees to protect and hold the
City of Oshkosh harmless against all actions, claims and demands of any kind or character
whatsoever which may in any way be caused by the activities under this privilege by the
undersigned property owner or agents or employees. Further, the undersigned property
owner agrees to indemnify and refund to the City all such sums which the City may be
obligated or adjudged to pay, including the City's attorney fees and costs, on such actions,
claims or demands within 30 days after written request for such indemnification. The
undersigned property owner agrees that this paragraph is to be liberally construed in favor
of the City of Oshkosh, in consideration of the privilege granted by the City under this
agreement.
The undersigned property owner acknowledges that the drainage easement ama
is subject to maintenance, repair or replacement and any obstructions placed by the
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undersigned property owner pursuant to this agreement may be damaged. ThE~
undersigned property owner acknowledges and agrees that any additional expenses
incurred by the City of Oshkosh in the removal of the obstruction, repair or replacement,
or damages to the obstruction will be at the sole expense of the undersigned property
owner. The undersigned property owner further agrees that there is no obligation by the
City of Oshkosh to repair or replace any damaged property due to the exercise of drainage
easement rights by the City of Oshkosh. The undersigned property owner agrees to
protect and hold the City of Oshkosh harmless against all actions, claims and demands
regarding damages to property within the easement area which may arise due to the City
of Oshkosh's exercise of its easement rights.
Notwithstanding any other covenant or agreement, the covenants, rights, privileges,
benefits and obligations created hereby shall run with the land and inure to the benefit of,
and be binding upon, the parties hereto, their successors, tenants, subtenants, licensees,
and assigns.
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day of IJJvCMfJ5"? -/, 2007.
II-b-.Q 7
STATE OF WISCONSIN)
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WINNEBAGO COUNTY) , r:t
Personally came before me this L day of 'f; ~ , 2007, the above-named Patrick Culver to
me known to be the person who executed the foregoing docu ent and acknowledged the same.
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Notary Public, W
My Commission:
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STATE OF WISCONSIN )
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WINNEBAGO COUNTY ) , ~ . '.-
Personally came before me this ~ day of Lj; ~, 2007, the above-named John M.
Fitzpatrick, Acting City Manager, and Pamela R. Ubrig, City Clerk, of the City of Oshkosh, a municipal corporation,
to me known to be the persons who executed the foregoing instrument, and to me known to be such officer of said
corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said
co"",ration, by" authority. ~ .
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Notary Public, Winnebago Co., WI
My Commission expiresfi4l.:. /02-/5- D9