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HomeMy WebLinkAboutEdsel LaBillois 1460 Norman Ct fence easement 2009Document Number Encroachment Agreement 1 -4 c - 7 0 ' REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 07!03!2008 10:09AN JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 15.00 TRANSFER FEE * OF PAGES 3 Recording Area t - N f .A Name and Return Address City Attorney's Office Oshkosh, WI 54903 -1130 91342850000 Parcei Identification Number CITY OF OSHKOSH PROPERTY OWNER This document drafted by Lynn A. Lorenson, City Attorney AGREEMENT WHEREAS, Edsel LaBillois is the fee owner of 1460 Norman Court and described as Lot 249 of the 5th Addition to Westleigh Farms Subdivision, Part of the SW 1/4 of the NE 1/4 of Section 29, T1 8N, R1 6E, City of Oshkosh, Winnebago County, Wisconsin; and WHEREAS, an drainage feature has been dedicated to the City of Oshkosh over such parcel for public drainage purposes; and WHEREAS, Edsel LaBillois desires to place an obstruction over such easement a, follows: A private fence to be constructed along the property lines within the eastern half of the property at 1460 Norman Court. A portion of the proposed fence will encroach into an existing City of Oshkosh drainage feature along the east property line. The portion of the proposed fence to be constructed within the area of the existing drainage feature shall be constructed to allow for the free flow of water through the drainage feature area and property. The bottom of the fence must be a minimum of 6" above the ground surface. 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. This encroachment agreement only allows the placement of the fence within the drainage feature on this parcel. This agreement does NOT allow the placement of the fence within the watermain easement along the northern property line. and 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 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 feature area described above, the undersigned property owner agrees that he is solely responsible for his 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 drainage feature 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 feature 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 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 feature 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 drainage feature area which may arise due to the City of Oshkosh's exercise of its drainage feature 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 J , 2008. Edsel La ois STATE OF WISCONSIN) ) SS. WINNEBAGO COUNTY) Personally came before me this day of 2008, the above -named Edsel LaBillois to me known to be the person who executed the foregoing and a knowledged the same. Notary Public, W4 Co., Wisconsin My Commission: _Q 208 CITY OF OSHKOSH By. - Ar Jqfin M . Fitzpa ric , ting Clty Manag STATE OF WISCONSIN ) WINNEBAGO COUNTY SS. Personally came before me this I s t day of 2008, the above -named John M. Fitzpatrick, Acting City Manager, and Pamela R. Ubrig, City Clerk of Me Cit of Oshkosh, a municipal corporation, to me known to be the persons who executed the foregoing instrument, and to me known to be such officers of said corporation, and acknowledged that they , executed the foregoing instrument as such officers as the deed of said corporation, by its authority. -. Notary Public, Winnebago Co., WI My Commission expiresl.E 12 -/3 -09 x