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HomeMy WebLinkAboutse 1/4 of sec 3 township 18 north range 16 east twn of oshkoshr MAILING ADDRESS: P.O. BOX 6113 ■ De Pere, WI 54115 -6113 STREET ADDRESS: 801 O'KEEFE ROAD- De Pere, WI 54115 -6113 920.338.6500■ Toll Free: 866.899.3204 • FAX: 920.338.6501 ■ www.atc[Ic.com February 26, 2009 DELIVERED VIA CERTIFIED MAIL CERTIFIED MAIL: 7007 1490 0003 3480 0114 City of Oshkosh 215 Church Ave. Oshkosh, WI 54901 To Whom It May Concern: Enclosed for your records is a recorded copy of your Electric Transmission Line Easement. If there are any questions I can be reached at (920) 338 -6560. Sincerely, 1 ennifer Malcheski Real Estate Administrative Assistant Enclosure ELECTRIC TRANSMISSION LINE EASEMENT CD CERTIFICATE OF COMPENSATION ocumen NOTICE OF RIGHT OF APPEAL The undersigned Grantor(s) City of Oshkosh, a municipal corporation (hereinafter called the "Landowner "), in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant, convey and warrant unto American Transmission Company LLC, a Wisconsin limited liability company, (hereinafter called the "Grantee "), the Grantees successors, assigns, licensees and manager, the perpetual right and easement to construct, install, operate, maintain, repair, replace, rebuild, remove, relocate inspect and patrol electric transmission line facilities, including but not limited to wires, poles, guy lines, anchors, and associated appurtenances for the transmission of electric current, communication facilities and signals appurtenant thereto, upon, in, over and across lands owned by the Grantor(s) in the Town of Oshkosh, County of Winnebago, State of Wisconsin, described as follows: Being part of the Grantors property in the Southeast Quarter (SE1 14) of the Southwest Quarter (SW1 /4) of Section3, Township 18 North, Range 16 East, Town of Oshkosh, County of Winnebago, State of Wisconsin. 1 -4 - -gon�4 ;c.' 1 REGISTERS WI NEBAGO'COUNTY, VI RECORDED Old E12/19/2009 02 .- 24F°)1 JULIE PAGEL REGI STEE' OF DEEDS RECORDING FEE 17>00 TRANSFER FEE 1f OF PAGES 4 Record this document with the Register of Deeds Name and Return Address: American Transmission Company LLC Attn: Real Estate Department PO Box 6113 DePere, WI. 54115 The description and location of the easement strip is as described and shown on Parcel Identification Number(s) the Attached drawing, marked Exhibit "B ", and made a part of this document. 018 -0109 The Grantee is also granted the associated necessary rights to: 1) Enter upon the easement strip for the purposes of exercising the rights conferred by this easement. 2) Have reasonable ingress and egress for personnel, equipment and vehicles to and from said easement area across the Landowner's property adjacent to the easement. 3) Construct, install, maintain, operate, repair, replace, rebuild, inspect, patrol and remove the above designated facilities and other appurtenances that the Grantee(s) deem(s) necessary. 4) Trim, cut down and remove any or all brush, trees and overhanging branches now or hereafter existing on said easement strip. 5) Cut down /remove such trees now or hereafter existing on the property of the landowner located outside of said easement strip which by falling might interfere with or endanger said line, together with the right, permission and authority to enter in a reasonable manner upon the property of the landowner adjacent to said easement strip for such purpose. 6) Treat the stumps of any trees or brush to prevent regrowth and apply herbicides in accordance with applicable laws, rules and regulations, for tree and brush control. The Grantee shall pay a reasonable sum for all damages to property, crops, fences, livestock, lawns, roads, fields and field tile (other than trees trimmed or cut down and removed), caused by the construction, maintenance, replacement or removal of said facilities. The Grantee shall not have the right to erect any fence or building on such land other than the above designated facilities and associated appurtenances and the right is hereby expressly reserved to the Landowner(s), the heirs, successors and assigns of every use and enjoyment of said land not inconsistent with the construction, installation, maintenance, operation, repair, replacement, rebuilding, inspection and removal of such structures, wires and associated appurtenances. Landowner, for itself, its successors and assigns, agrees that it will not locate any dwelling or mobile home intended for residential occupancy within the limits of the easement strip. Landowner, for itself, its successors and assigns, further agrees that within the limits of the easement strip it will not construct, install or erect any structures or fixtures, including but not limited to swimming pools, construct any non - residential type buildings or store any inflammable goods or products, plant trees or shrubs, place water, sewer or drainage facilities, or change the grade more than one (1) foot without first securing the prior written consent of the Grantee. This agreement is binding upon the heirs, successors and assigns of the parties hereto, and shall run with the lands described herein. The parties hereto do hereby agree to the terms and conditions set forth in Exhibit(s)B, attached hereto and incorporated herein. As provided by PSC 113, the landowner(s) shall have a minimum period of five days to examine materials approved or provided by the Public Service Commission of Wisconsin describing the landowner's rights and options in the easement negotiating process. The landowner(s) hereby voluntarily waives the five -day review period, or acknowledges that they have had at least five days to review such materials. Landowner warrants and represents that Landowner has good title to the property described herein, free and clear from all liens and encumbrances, except: None WITNESS the signature(s) of the Landowner this _ day of F- • , 2009, Grantor: City of Oshkosh, a municipal corporation (SEAL) SignAture gACK .4 . Ratli. -EF Printed Name (SEAL) j , Q� Z *nre 14 EL d a . To�clCc �. Printed Name ACKNOWLEDGEMENT STATE OF Wisconsin ) ss COUNTY OF Winnebago ) Personally came before me this 19 day of Rbru mn , 2 W 9 , the above named _ to me known to be the person(s) who executed the foregoing instrument and acknowledged the same. Signature of Notary I L _ Printed Name of Notary Notary Public, State of (A �r5c6� Str n- _ My CommissionExpires.(Is) q j2g1j2 This instrument drafted by Carl Lemmer on behalf of American Transmission Company, PO Box 47, Waukesha, Wisconsin 53187 -0047 EASEMENT DESCRIPTION MAP (EXHIBIT B) RANTEE: AMERICAN TRANSMISSION COMPANY LLC GRANTOR: CITY OF OSHKOSH N19 W23993 RIDGEVIEW PKWY. W. 215 CHURCH AVE. WAUKESHA, WI 53188 OSHKOSH, WI 54901 TAX PARCEL NO. 018 -0109 CENTER 114 CORNER M i ip Z \\ SECTION 3, T18N -R16E i VIP, o i to 4 St. CENTERLINE 80' ` z N / TRANSMISSION LINE EASEMENT ` MARINE DRIVE 04 M i ZN� (VARIABLE) ` _ O °o O POE `. \ \ N35 °52 26 W <2tn : • 44.92' z \ PROPERTY LINE (TYP.) n, CITY OF OSHKOSH OLD RAILROAD /•::�:�:�:� :�:� :�::�:�' .: o .�::•:: :•: � _ \ SOUTH LINE ••• ••••• �: a::y PART OF SE1 /4 SWi /4 GRADE j ::::: .v? Y4:. \ \ rSECTION3 �::;:_::::: :i2:;::.:/ SECTION 3, T18N —R16E L SOUTHWEST CORNER SECTION 3, T18N -R16E S89 °10'26 "W, 2660.1 POE i i i S89 0'26 257.61' SOUTH 114 CORNER SECTION 3, T18N -R16E i MAP KEY ATC TRANSMISSION LINE EASEMENT = 0.265 ACRES +/- LEGEND TRANSMISSION EASEMENT — — — — TRANSMISSION RIGHT OF WAY LINE — — — TRANSMISSION CENTERLINE SECTION LINE PROPERTY LINE — — — — ROAD RIGHT OF WAY LINE NOTE: BEARINGS BASED UPON WINNEBAGO COUNTY COORDINATE SYSTEM LEGEND Drawn: SDK 0 - Found Iron O -set 5!8" Iron W/P.S. Cap* S-1704 Date: 12/ 15,/2008 ■ - Found Concrete Monument 1 D - Set Concrete Monument Scale: 1" = '100' R - RECORDED STS CONSULTANTS M - MEASURED w St. AMERICAN TRANSMISMON COMPANY N�ER 200803343 Marq uettee, , MI 906 - 228 -2333 THE ENERGY ACCESS COMPANY www.stsconsultants.com REVISIONS C.PydgM® 2005. 9y. NUM SO 1 OF 2 EASEMENT DESCRIPTION MAP (EXHIBIT B) GRANTEE: AMERICAN TRANSMISSION COMPANY LLC GRANTOR: CITY OF OSHKOSH N19 W23993 RIDGEVIEW PKWY. W. 215 CHURCH AVE. WAUKESHA, WI 53188 OSHKOSH, WI 54901 TAX PARCEL NO. 018-0109 A 80 foot wide easement which crosses a part of grantor's premises lying 40 feet on each side of the following described centerline across part of the Southeast Quarter (SE1 /4) of the Southwest Quarter (SW1 /4) of Section 3, T18N -R16E, Town of Oshkosh, Winnebago County, Wisconsin described as: Commencing at the South 1/4 corner of Section 3; thence S89 0'26"W, 257.61' along the South line of Section 3 to a point on the centerline of this easement and the Point of Beginning being the grantor's South property line; thence N29 °47'03 "E, 98.24' along said centerline; thence N35 °52'26 "W, 44.92' to the grantor's North property line and the Point of Ending and being more particularly described as shown on sheet 1 containing 0.265 Acres +/- and 'subject to restrictions, reservations, rights of way, and easements of record. 1 STS CONSULTANTS 1050 Wilson St. Marquette, MI 906 - 228 -2333 www.stsconsultants.com Copyftl t 0 2005. 6y. STS 1 AMEPRICARTNAN3M1S310N00MPANY THE ENERGY ACCESS COMPANY LEGEND - Found Iron 0- Set 5/8" Iron W /P.S. Cap #: S -1704 ■ - Found Concrete Monument a - Set Concrete Monument ,RECORDED M -MEASURED REVISIONS Drawn: SDK Date: 12/15/2008 Scale: N/A N 9 E E c R T 200803343 SHEET NUMBER 2 o F 2