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Home My WebLink Aboutdcr properties sw 1/4-ne 1/4 section 3 t18n r16e twn of oshkoshDocument Easement Document Title THIS INDENTURE, made this '\0-- day of IN m -y- i 5 2009, by DCR PROPERTIES, INC., Grantor, and CI Y OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, WITNESSETH: REGISTER'S OFFICE VINNEBAGO COUNTY, iiI RECORDED ON 05/0112009 09. -21AN JULIE PAGEL R'EGI'STER OF DEEDS RECORDING FEE .13. TRANSFER FEE # (IF PAGES 2 IN CONSIDERATION of the sum of One Dollar ($ 1.00) and other good and valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor does hereby give and grant Recording Area unto the Grantee, its successors and assigns, an easement over, under and Name and Return Address through the land hereinafter described. The purpose and use of the ease- City Attorney's office ment shall be to survey, lay, construct, operate, inspect, maintain, repair, Oshkosh, WI 54903 -1130 _ replace, relocate, and remove public utility facilities and improvements. The purpose and use of the easement shall also include all other utilities, 0180081 u facilities, and improvements incidental to primary purposes and uses of the Parcel Identification on Number (PIN) 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 Town of Oshkosh, Winnebago County, Wisconsin, and described as follows: A THIRTY FOOT (30') WIDE EASEMENT LOCATED IN PART OF THE SW1/4 -NE 1/4 OF SECTION 3, T18N, R16E,', TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 3, T18N, R16E; THENCE S89 °16'14 "W, ALONG THE SOUTH LINE OF THE NE 1/4 OF SAID SECTION 3, 2275.78 FEET TO THE EXISTING WEST RIGHT -OF -WAY LINE OF SNELL ROAD; THENCE N00°45'29 "E, ALONG THE EXISTING WEST RIGHT -OF -WAY LINE OF SNELL ROAD, 197.57 FEET TO THE POINT OF BEGINNING; THENCE N41 °45'59 "W, 129.38 FEET TO THE EXISTING EASTERLY RIGHT -OF -WAY LINE OF USH 41; THENCE N12 °41'51 "E, ALONG THE EXISTING EASTERLY RIGHT -OF -WAY LINE OF USH 41, 36.81 FEET; THENCE S41 0 45'59" E 118.09 FEET TO THE EXISTING WEST RIGHT -OF -WAY LINE OF SNELL ROAD; THENCE S00 °45'29 "W, ALONG THE EXISTING WEST RIGHT -OF- WAY LINE OF SNELL ROAD, 44.39 FEET TO THE POINT OF BEGINNING. Upon exercising any of the rights herein granted, Grantee shall cause the property, soil and grass 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. --._I The Grantor shall not interfere in any way with the Grantee's use ofthe 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, driveways, parking areas, sheds, landscaping or fences. Any improvements shall be allowed onlyby 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. The person(s) signing this easement warrant that they are authorized to do so and to bind the Grantor to its terms. 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. DCR PROPERTIES, INC. By. �Char es D. a wig l Title: STATE OF WISCONSIN) WINNEBAGO COUNTY) ) SS, Perspnally carne before me this 10 '( — day of V QS "A. k (title) of DCRP. executed the €oregoing instrument and acknOTe4e that he therein contained. I 2009, the above named Charles D. Mathwig, C.,, to o to be the person and officer who as s ch offs y e by its authority, for the purpose Notary Public, Winnebago County, Wisconsin My Commission e,s: r'S P n UESHOUVT � WISE This instrument drafted by: Attorney David J. Praska Oshkosh, W1 54903.1130