HomeMy WebLinkAboutmary krez revocable trust private fence arboretum drR
Document Number
Encroachment Agreement
1 -48r=.r=1 1 1
REGISTER'S OFFICE
WINNEBAGO COUNTY, VI
RECORDED ON
10/29/2008 08:54AN
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 15.00
TRANSFER FEE
# OF PAGES 3
CITY OF OSHKOSH
AND
PROPERTY OWNER
This document drafted by:
Lynn A. Lorenson, City Attorney
Oshkosh, WI 54903 -1130
Name and Return Address
City Attorney's Office
Oshkosh. WI 54903 -1130
91224410000
Parcel Identification Number
J r 7
1
�„
AGREEMENT
WHEREAS, Mary C. Krez Revocable Trust is the fee owner of 1580 Arboretum
Drive as described as Lot 41, except the west fifteen (15) feet of River Mill Subdivision;
Part of the N.W.'/ of the N.W.'/ of Section 14, T1 8N, R1 6E, City of Oshkosh, Winnebago
County, Wisconsin; and
WHEREAS, a sanitary sewer easement has been dedicated to the City of Oshkosh
over such parcel for public purposes; and
WHEREAS, Mary C. Krez desires to place an obstruction over such sanitary sewer
easement as follows:
A private fence to be constructed perpendicular to the sanitary sewer
easement on the east side of said Lot. The portion of the fence crossing the
easement shall be a gate capable of opening the full width of the easement (20
ft.). No permanent posts shall be in the easement. The f e n ci ng crossing the
easement shall be of open construction to allow visual inspection through the
gate without opening. The gate cannot be locked.
WHEREAS, an existing masonary and /or chain link fence has been previously
constructed over the sanitary sewer easement without proper documentation along the
South lot line.
WHEREAS, the City of Oshkosh Department of Public Works has reviewed this
request and the City of Oshkosh is willing to allow the placement of the requested
obstruction and allow the existing obstruction to remain, 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 sanitary sewer easement area described above, the undersigned property owner
agrees that he /she /it 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/maintenance of an obstruction in the City of Oshkosh sanitary sewer 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 sanitary sewer easement
area is subject to maintenance, repair or replacement and any obstructions placed by the
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 beat 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 sanitary sewer
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.
Dated this day of � , 2008.
MARY C. KREZ REVOC BLE:TRUST
By: js� ,,
-- Tr � tee
STATE OF WISCONSIN)
) Ss.
WINNEBAGO COUNTY)
Personally ca before me this 42 _13?day of , 2008, the above -named
Trustee of the Mary C. Krez Revocable Trust to me known to be the person who
execute the foregoing doc4phent and acknowledged the same.
Notary Public, Co., Wisconsin
My Commission
CITY OF OSHKOSH
By � - �� And: U
Mark A. Rohloff, City Manager Pamela R. Ubrig, City Cl k
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY )
Personally came before me this 1 0 day of , 2008, the above -named Mark A. Rohloff,
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 corporation, by its
authority.
1
Notary Public, Winnebago Co., WI
My Commission expiresfio: is --13 — 0 9