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HomeMy WebLinkAbout1270 Fairfax Street/Judy BrewerDocument Number 9 Encroachment Agreement REGIST S OFFICE WINNEBAGO COUNTY, WI, 05/21/ RECOR G � { g M JULIE PAGES. REGISTER OF DEEDS REMRDING FEE 15.00 TRANSFER FEE # OF PAGES :3 Recordine Area Name and Return Address City Attorney's Office Oshkosh, W1 91342501400 Parcel Identification Number CITY OF OSHKOSH AND PROPERTY OWNER This document drafted by Lynn A. Lorenson, City Attorney R DO JUN 0 3 2009 CITYCI,E ,t OFFICE 0,3 AGREEMENT WHEREAS, Judy Brewer is the fee owner of 1270 Fairfax Street as described as lot 28 of the 1st Addition to Pheasant Creek Farm, Part of the SW 1/4 of the NE 1/4 of Section 29, T1 8N, RI 6E, City of Oshkosh, Winnebago County, Wisconsin; and WHEREAS, a drainage easement has been dedicated to the City of Oshkosh over such parcel for public drainage purposes; and WHEREAS, Judy Brewer desires to place an obstruction over such drainage easement as follows: A private fence to be constructed along the east property line and the eastern third of the north and south property lines at 1270 Fairfax Street. A portion of the proposed fence will encroach into an existing City of Oshkosh drainage easement along the north property line. The portion of the proposed fence to be constructed within the area of the existing drainage easement shall be constructed to allow for the free flow of water through the drainage easement area and property. Examples of the fence types to be allowed for construction that will not block or hinder the flow of storm water drainage include split rail, chain link, and board on board (bottom board of the fence must be a minimum of 8" off of the ground). 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. 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 ownerto place an obstruction within the drainage easement area described above, the undersigned property owner agrees that she is solely responsible for her 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 easement 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 easement 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 easement 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 easement area which may arise due to the City of Oshkosh's exercise of its drainage easement 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 thi day of M4 1 2009. Judy B e er STATE OF WISCONSIN) ) SS. WINNEBAGO COUNTY) Personally came before me this day of M Aq _, 2009, the above -named JUDY BREWER to me known to be the person who executed the foregoing doc6mebt and acknowledged the same. C�-e- ot, • �G�� CITY OF OSHKOSH Mark (A. Rohloff, City Manager STATE OF WISCONSIN SS. WINNEBAGO COUNTY ) Personally came before me this day of _, 2009, the above -named Mark A. Rohloff, City Manager, and Pamela R. Ubrig, City Clerk, of the City of shkosh, 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, innebago Co.. WI My Commission expiresF+a: dA —1J ° () C1 Notary Public, Co., Wisconsin My Commission:_ Qjk& I O / �.