HomeMy WebLinkAboutvictor & elizabeth cortez sw 1/4-sw 1/4 section 15 t18n r16eDocument Number
Easement
Document Title
THIS INDENTURE, made this 28th day of April 9 2009,
by Victor Cortez and Elizabeth Cortez, Grantor, and CITY OF
OSHKOSH, a municipal corporation, located in Winnebago County,
Wisconsin, Grantee,
WITNESSETH:
1 !E-5KD .358�=
REGISTER'S OFFICE
WINNEBAGO COUNTY, VI
RECORDED [IN
05/01/2ft9- 69:2IA)l
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 3.3.00
TRANSFER FEE
# OF PAGES
IN CONSIDERATION of the sum of One Dollar ($1.00) and
other good and valuable consideration paid by the Grantee, the receipt Recording Area
of which is hereby acknowledged, the Grantor does hereby give and grant Name and Return Address
unto the Grantee, its successors and assigns, an easement over, under and City Attorney's Office
through the land hereinafter described. The purpose and use of the ease- Oshkosh WI 54903 - 1130
ment shall be to survey, lay, construct, operate, inspect, maintain, repair, 1608700102
replace, relocate, and remove public utility facilities and improvements. The Parcel Identification Number (PIN)
purpose and use of the easement shall also include all other utilities, facilities,
and improvements incidental to primary purposes and uses of the easement. The
primary and.,incidental uses to be allowed by Grantor shall be those public utility
facilities and improvements which are deemed necessary for public purposes at the sole discretion of the Grantee.
The Grantor also gives and grants the Grantee all reasonable rights of ingress and egress across adjoining lands
owned by Grantor which is necessary for the exercise of the rights herein granted. The easement granted herein
shall be over, under, and through certain tracts of land situated in the City of Oshkosh, Winnebago County,
Wisconsin, and described as follows:
AN EASEMENT LOCATED IN PART OF THE SW 1 /4 -SW 1/4 OF SECTION 15, T18N, R16E, CITY OF OSHKOSH,
WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 15, T18N, R1 6E; THENCE N00 °28'48 "W, ALONG
THE WEST LINE OF THE SW 1/4 OF SAID SECTION 15,433.85 FEET; THENCE N90 °00'00 "E, 227.18 FEET TO
THE EXISTING EAST RIGHT -OF -WAY LINE OF NORTH KOELLER STREET AND THE POINT OF BEGINNING;
THENCE NO1 °44'06 "W, ALONG THE EXISTING EAST RIGHT -OF -WAY LINE OF NORTH KOELLER STREET,
83.78 FEET; THENCE N88 0 15'54 "E, 83.32 FEET; THENCE S43 °06'19 "W, 118.16 FEET TO THE POINT OF
BEGINNING.
Upon exercising any of the rights herein granted, Grantee shall cause the property, soil, grass and pavement to
be repaired and replaced through seeding to a condition similar to its condition immediately prior thereto, except
where the actual installation of public utilities and related facilities and improvements prevents the return to an original
condition. The Grantee shall be responsible for the maintenance and repair of any public utility facility and
improvement, except as may otherwise be required by law, as well as the repair of any surface disruption caused by the
Grantee in its use of the easement. The Grantor shall be responsible for all other surface maintenance, including
maintenance and repair of vegetation within the surface of 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, operation, or removal of said public facilities over, under, or through said
property. ,. The Grantor, their successors and assigns, shall pay to the Grantee all actual damages caused by the
Grantor's .damage to, interference with, or negligent actions relating to the public utility facilities and improvements
located by the Grantee on the easements.
The Grantor shall not interfere in any way with the Grantee's use of the easement, and in particular shall not alter the
slope or elevation of the easement, install or construct any improvements within the easement, except that grass shall be
maintained. Prohibited improvements include, but are not limited to, temporary or permanent building structures,
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driveways, parking areas, sheds, landscaping or fences. Any improvements shall be allowed only by special exception of
the Board of Public Works.
The Grantor agrees that the Grantee may temporarily assign its easement rights herein, including inspection,
construction, repair and maintenance rights, to any contractor, third party, or other assignee who demonstrates sufficient
competence and has provided to Grantee 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.
This easement is being granted for a public purpose and is perpetual in length, without regard to the Grantee's use of
the easement at any particular time. 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.
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Victor Cortez
Elizabeth Cortez
STATE OF WISCONSIN)
) SS,
O COUNTY)
Personally came before me this p e� day of 0 t _, 2009, the above named Victor Cortez and Elizabeth
Cortez, to me known to be the persons who executed the f ent and acknowledged the same.
Notary Public 1 0 County, Wisconsin
My Commission expires: 0 - - Z0 /x.
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903 -1130