HomeMy WebLinkAboutray jones twn of algomanw 1/4 section 29 t15n r16et
Easement
Document Number Document Tit le
THIS INDENTURE, made this 5 day of 6b'� , 2009,
by Ray Jones, Grantor, and CITY OF OSHK SH, a municipal
corporation, located in Winnebago County, Wisconsin, Grantee,
WITNESSETH:
1 4r:D E�84
REGISTER'S OFFICE
WINNEBAGO COUNTY, VI
RECORDED ON
03/20/2 0@0 11 :22AK
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 13.
TRANSFER FEE
f OF PAGES 2
IN CONSIDERATION of the sum of One Dollar ($1.00) and
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other good and valuable consideration paid by the Grantee, the receipt of Recording Area
Name and Return Address
which is hereby acknowledged, the Grantor, his successors and assigns,
does hereby give and grant unto the Grantee, its successors and assigns, City Attorney's Office
an easement for drainage and public utility purposes. The subject easement Oshkosh WI 54903 - 1130
shall be over, under, and on the land hereinafter described to survey, 0020345
construct, operate, maintain, remove, repair, and replace drainage and parcel identification Number (PIN)
public utility facilities, and all other related facilities incidental thereto that are
deemed necessary within this easement at the discretion of the Grantee.
The Grantor also gives and grants the Grantee all reasonable rights of ingress and
egress across the adjoining lands, currently owned by Grantor, which are necessary for the
exercise of the rights herein granted, under and upon certain tracts of land situated in the
Town of Algoma, Winnebago County, Wisconsin, and described as follows:
PART OF THE N.W.1 /4 OF THE N.W.1 14 OF SECTION 29, T18N, R16E, TOWN OF ALGOMA, WINNEBAGO
COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE W.1 /4 CORNER OF SAID SECTION, THENCE NORTH 00 0 30'29" WEST ALONG
THE WEST LINE OF THE N.W. 1/4 AFORESAID 1.331.69 FT. TO THE S.W. CORNER OF THE N.W.1 /4 OF
THE N.W.1 /4, THENCE SOUTH 89 °41'45" EAST ALONG THE SOUTH LINE OF SAID 1/4 -1/4 AFORESAID
1005.24 FT. TO THE POINT OF BEGINNING OF A DRAINAGE EASEMENT, THENCE NORTH 00 0 08'46"
WEST 690.86 FT., THENCE NORTH 52 0 57'19" EAST 355.15 FT., THENCE NORTH 00 0 46'02" WEST
385.24 FT. TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF 9TH STREET ROAD, THENCE
SOUTH 89 0 41'31" EAST ALONG SAID LINE 50,01 FT. TO A POINT ON THE EAST LINE OF SAID 114 -114,
THENCE SOUTH 00 0 46'02" EAST ALONG SAID LINE 409.62 FT., THENCE SOUTH 52 0 57'19" WEST
355.49 FT., THENCE SOUTH 00 °08'46" EAST 666.27 FT, TO A POINT ON THE SOUTH LINE OF SAID
1/4 -1/4, THENCE NORTH 89 0 41'45" WEST ALONG SAID LINE 50.00 FT. TO THE POINT OF BEGINNING.
SAID DRAINAGE EASEMENT IS SUBJECT TO ALL EXISTING EASEMENTS AND RESTRICTIONS OF
RECORD.
Upon exercising any of the rights herein granted, Grantee shall cause the property, soil and grass to be
repaired through seeding, except where the construction or installation of drainage or public utility facilities prevents
such restoration. After the construction and /or installation of drainage or public utility facilities within this easement,
the Grantor shall be responsible for the maintenance of any surface level drainage facility, such as a swale, ditch, or
similar facility. Grantor's responsibility for maintenance shall include but is not limited to repair, mowing, weed
control, and removal of obstructions in the easement, except where non - drainage surface facilities installed by the
Grantee exist. In the event that the aforementioned maintenance tasks for surface drainage facilities are not
satisfactorily completed, Grantor shall retain the right to perform such maintenance facilities and assess a special
charge for the cost against the property as maybe allowed by law. Grantee shall be responsible for maintenance of
other public facilities and/or structures constructed or installed on the easement.
The Grantee shall be obligated to pay to Grantor, their successors and assigns, all actual damages caused by
the Grantee's negligent repair, installation, or removal of public facilities on, under, or through said property. The
drantor, his successors and assigns, shall pay to the Grantee all actual damages caused by the Grantor's interference
with or negligent actions relating to the drainage and public facilities and structures located by the Grantee on the
easements.
The Grantor, his successors and assigns, shall not install or construct or allow the installation or construction of any
fill, obstructions, or improvements within the easement, except that appropriate grass shall be maintained. Improvements
include, but are not limited to, building structures, driveways, parking areas, sheds, vegetation other than grasses,
landscaping or fences. Additionally, Grantor shall be allowed to use the easement for normal crop farming purposes. Any
fill, obstructions, or improvements shall be allowed only by special exception of the Board of Public Works.
The Grantor agrees that the Grantee may temporarily assign the construction and maintenance rights identified :herein
to any contractor, third party, or other assignee who demonstrates sufficient competence and give adequate assurances that
any work to be performed in or around the easement shall be conducted in a skillful manner, and that the Grantor's
interest in the easement premises shall be protected to the same extent as if the Grantee was performing the construction
and maintenance.
All rights, title and privileges herein granted, including benefits and burdens, shall run with the land and shall be
binding upon and inure to the benefit of the parties, their respective heirs, executors, administrators, successors, assigns,
and legal representatives.
Except as otherwise noted in this document, the Grantee releases the Grantor from all debts, claims, demands,
damages, actions and causes of action whatsoever which may result from said easement heretofore granted by
Grantor.
IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above
written.
RkJon
STATE OF WISCONSIN)
WINNEBAGO COUNTY)
) SS,
Personally came before me thisc2 �y of fi 2009, the above named Ray Jones, to me Imown to be the
persons who executed the foregoing instrument knowledged e same.
Notary Public, Winnebag ounty, isconsin
My Commission expires:
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903 -1130