HomeMy WebLinkAboutNorthern telephone & data (NTD) parking lot w 400 block of n main stn e �.
Easement Agreement
Document Number
Document Title
THIS INDENTURE, made this � day of O. &A��L , 2008,
by CITY OF OSHKOSH, a municipal corporation, located in Winnebago
County, Wisconsin, Grantor, and NORTHERN TELEPHONE AND
DATA (NTD), Grantee,
WITNESSETH:
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 unto
the Grantee, its successors and assigns, an easement in, under and over the
land hereinafter described, including the right to enter upon said land for
the purpose of installation of underground cable facilities over, under and
upon certain tracts of land situated in the City of Oshkosh, Winnebago
County, Wisconsin, and described as follows:
(See description on Exhibit A, attached hereto, which
describes a portion of the parking lot on the west side of the
400 Block of North Main Street)
1 -+la Q1 -+IE3,
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
0 9/1512 B 09:96AIf
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 21.00
TRANSFER FEE
# OF PAGE'S 6
Recording Area
Name and Return Address
City Attorney's Office
Oshkosh, WI 54903 -1130
O- 0O J q 0®00
Parcel Identification Number (PIN)
The Oshkosh Common Council on June 12, 2007, by resolution 07 -168, approved an Easement from the
of Oshkosh to Northern Telephone and Data (NTD) for installation of underground cable facilities within the par
lot on the west side of the 400 Block of North Main Street, Oshkosh, Wisconsin, with the following conditions:
1. That the facilities are installed in a manner that is approved by the Department of Public Works of the (
of Oshkosh, with no modifications or changes in construction procedure without prior approval by
Department of Public Works.
2. If no longer needed the facilities be properly abandoned and removed in accordance with the City
and under the direction of the Department of Public Works.
Any problem that may arise as a result of the placement of the facilities be the responsibility of N
Telephone & Data to correct in coordination with the Department of Public Works.
4. All appropriate permits be obtained prior to the start of placement of the facilities.
The facilities be modified or removed immediately upon the request of the City.
That Northern Telephone & Data secure and submit to the City Clerk of the City of Oshkosh a sepa
insurance policy which names the City as an additional insured with a maximum coverage of $200,000
person and $500,000 in general aggregate.
7. That Northern Telephone & Data be responsible to file in a timely manner a new insurance certificate v
the City Clerk upon expiration of an existing certificate . Failure to do so will result in the revocation of
easement within 10 days of notice.
8. That Northern Telephone & Data execute a hold harmless agreement with the City.
Upon exercising any of the rights herein granted, Grantee shall cause the property to repaired and replaced in
a condition similar to its condition immediately prior thereto, and obligates itself to pay to Grantor, it successors and
assigns, all actual damages caused by installation, operation, or removal of said cable facilities through said property.
No improvements are allowed within the areas reserved for public utility and drainage easements.
Improvements include, but are not limited to, building structures, driveways, parking areas, sheds, landscaping or
fences. Any improvements shall be allowed only by special exception of the Board of Public Works.
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, and further agrees to hold the Grantor
free and harmless from any claim for damages which may be made by reason of damages or injury to persons or
property connected therewith.
IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above
written.
WINNEBAGO COUNTY)
Personally came before me this �_ day of 2008, John M. Fitzpatrick, Acting City Manager, and
Pamela R. Ubrig, City Clerk, of the City of Oshkosh, to A known to be such persons and officers who executed the foregoing
instrument and acknowledged that they executed the same as such officers by its authority, for the purpose therein contained.
Notary Public, Winnebago County, Wisconsin
My Commission expiret','
NORTHE ELEPHONE AND DATA (NTD)
By:
Name & Title;
STATE OF WISCONSIN)
WINNEBAGO COUNTY)
)SS
And:
Name & Title:
Personally came before me this 11th day of Apri 1 , 2008 William K . Miller, President
and of Northern Telephone and Data (NTD), to me known to be
such person(s) and officer(s) who executed the foregoing instrument and acknowledged that they executed the same as such
officers by its authority, for the purpose therein contained
L`ou�ea mz o
Notary Public, Winnebago County Wisconsin
My Commission expire$ 12/1'3/09
This instrument drafted by:
Attorney Lynn A. Lorenson
Oshkosh, WI 54903 -1130
EXHIBIT A
Legal Description of Easements
Granted to Northern Telephone & Data Corp.
(Refer to Attached Map)
A part of the Southwest 1/4 of the Northwest 1/4 of Section 24, Township 18 North, Range 16 East, 7 t '
Ward, City of Oshkosh, Winnebago County, Wisconsin, more particularly described as follows:
Easement #1
An easement ten (10) feet wide, being part of Block 44 of Leach's Map of the Seventh Ward of Oshkosh
which centerline is described as follows: Commencing at Southeast corner of Cottrill's Subdivision of Lot
1, as shown in Palmer's Map of the First Ward, Oshkosh; thence North 53 °22'54" West along the
Northeast right of way line of Algoma Boulevard, 379.68 feet to a point in W.W. Wrights's 2nd Addition
thereof, being South 85 °06'01" East, 6.48 feet of an existing NTD telephone manhole and the true point of
beginning (P.O.B.); thence South 85 °06'01" East, 92.91 feet to a point which is 5.0 feet due West of the
Southwest corner of Lot 4 of Block 44 in the Seventh Ward, City of Oshkosh, Winnebago County,
Wisconsin per Leach's Map of 1894; thence North 04 °50'03" East, parallel with west line of said Lot 4, a
distance of 44.38 feet to a point 6.7 feet northwest of the Northwest corner of said Lot 4; thence North
89 °38'34" East parallel with the north line of said Lot 4, a distance of 19.50 feet; thence North 23 °12'11"
East 92.37 feet to a point lying 2.5 feet northwest of the Northwest corner of fractional Lot 7 of said
Block 44; thence North 31°35'14" East, 43.79 feet to the Northwest corner of fractional Lot 3 of Block 44
in Eighme Read and Kennedy's Subdivision in the Seventh Ward, City of Oshkosh, Winnebago County,
Wisconsin per Leach's Map of 1894; thence North 21 °50'42" East, 43.04 feet; thence North 00 °00'00"
East, 137.55 feet to the Southwest corner of the Public Alley in George H. Read's Subdivision of Lot 1 of
Eighme Read and Kennedy's Subdivision of Lots 4 & 6, Block 44 Seventh Ward, City of Oshkosh,
Winnebago County, Wisconsin per Leach's Map of 1894, being the point of termination of this described
10 foot wide easement.
Easement #2
Also, an easement ten (10) feet wide, being part of Block 44 of Leach's Map of the Seventh Ward of
Oshkosh, which centerline is described as follows: Commencing at Southeast corner of Cottrill's
Subdivision of Lot 1, as shown in Palmer's Map of the First Ward, Oshkosh; thence North 53 °22'54"
West along the Northeast right of way line of Algoma Boulevard, 379.68 feet to a point in W.W.
Wrights's 2 Addition thereof, being South 85 °06'01" East, 6.48 feet of an existing NTD telephone
manhole; thence South 85 °06'01" East, 92.91 feet to a point which is 5.0 feet due West of the Southwest
corner of Lot 4 of Block 44 in the Seventh Ward, City of Oshkosh, Winnebago County, Wisconsin per
Leach's Map of 1894; thence North 04 °50'03" East, parallel with West line of said Lot 4, a distance of
44.38 feet to a point 6.7 feet northwest of the Northwest corner of said Lot 4; thence North 89 °38'34" East
parallel with the north line of said Lot 4, a distance of 19.50 feet; thence North 23'12'11 " East 92.37 feet
to a point lying 2.5 feet Northwest of the Northwest corner of fractional Lot 7 of said Block 44; thence
North 31 °35'14" East, 43.79 feet to the Northwest corner of fractional Lot 3 of said Block 44 in Eighme
Read and Kennedy's Subdivision in the Seventh Ward, City of Oshkosh, Winnebago County, Wisconsin
per Leach's Map of 1894; thence North 21 °50'42" East, 5.38 feet to the point of beginning (P.O.B.
thence South 89 °56'27" East, 9.85 feet to a point on the Westerly line of said fractional Lot 3, Block 44 in
Eighme Read and Kennedy's Subdivision, being the point of termination of this described 10 foot wide
easement.
1 of 3
Easement #3
Also, an easement ten (10) feet wide, being part of Block 44 of Leach's Map of the Seventh Ward of
Oshkosh, which centerline is described as follows: Commencing at Southeast corner of Cottrill's
Subdivision of Lot 1, as shown in Palmer's Map of the First Ward, Oshkosh; thence North 53 °22'54"
West along the Northeast right of way line of Algoma Boulevard, 379.68 feet to a point in W.W.
Wrights's 2n Addition thereof, being South 85 °06'01" East, 6.48 feet of an existing NTD telephone
manhole; thence South 85 °06'01" East, 92.91 feet to a point which is 5.0 feet due West of the Southwest
corner of Lot 4 of Block 44 in the Seventh Ward, City of Oshkosh, Winnebago County, Wisconsin per
Leach's Map of 1894; thence North 04 °50'03" East, parallel with west line of said Lot 4, a distance of
44.38 feet to a point 6.7 feet northwest of the Northwest corner of said Lot 4; thence North 89 °38'34" East
parallel with the north line of said Lot 4, a distance of 19.50 feet; thence North 23 °12'11" East 92.37 feet
to a point lying 2.5 feet northwest of the Northwest corner of fractional Lot 7 of said Block 44; thence
North 31 °35'14" East, 43.79 feet to the Northwest corner of fractional Lot 3 of said Block 44 in Eighme
Read and Kennedy's Subdivision in the Seventh Ward, City of Oshkosh, Winnebago County, Wisconsin
per Leach's Map of 1894; thence North 21 °50'42" East, 43.04 feet; thence North 00 °00'00" East, 17.48
feet to the point of beginning (P.O.B. thence North 90 °00'00" East, 12.15 feet to the Southwest corner
of Lot 9 of said Block 44 per Leach's Map of 1894, being the point of termination of this described 10 .
foot wide easement.
Easement #4
Also, an easement ten (10) feet wide, being part of Block 44 of Leach's Map of the Seventh Ward of
Oshkosh, which centerline is described as follows: Commencing at Southeast corner of Cottrill's
Subdivision of Lot 1, as shown in Palmer's Map of the First Ward, Oshkosh; thence North 53 °22'54"
West along the Northeast right of way line of Algoma Boulevard, 379.68 feet to a point in W.W. Wrights'
2nd Addition thereof, being South 85 °06'01" East, 6.48 feet of an existing NTD telephone manhole; thence
South 85 °06'01" East, 92.91 feet to a point which is 5.0 feet due West of the Southwest corner of Lot 4 of
Block 44 in the Seventh Ward, City of Oshkosh, Winnebago County, Wisconsin per Leach's Map of
1894; thence North 04'50'03" East, parallel with west line of said Lot 4, a distance of 44.38 feet to a point
6.7 feet northwest of the Northwest corner of said Lot 4; thence North 89 °38'34" East parallel with the
north line of said Lot 4, a distance of 19.50 feet; thence North 23 °12'11" East 92.37 feet to a point lying
2.5 feet northwest of the Northwest corner of fractional Lot 7 of said Block 44; thence North 31 °35'14"
East, 43.79 feet to the Northwest corner of fractional Lot 3 of said Block 44 in Eighme Read and
Kennedy's Subdivision in the Seventh Ward, City of Oshkosh, Winnebago County, Wisconsin per
Leach's Map of 1894; thence North 21 °50'42" East, 43.04 feet; thence North 00 °00'00" East, 105.72 feet
to the point of beginning (P.O.B. thence North 90 °00'00" East, 7.76 feet to a point on the West line of
fractional Lot 7, said Block 44 in said Eighme Read and Kennedy's Subdivision, being the point of
termination of this described 10 foot wide easement.
Easement #5
Also, an easement ten (10) feet wide, being part of Block 44 of Leach's Map of the Seventh Ward of
Oshkosh, which centerline is described as follows: Commencing at Southeast corner of Cottrill's
Subdivision of Lot 1, as shown in Palmer's Map of the First Ward, Oshkosh; thence North 53 °22'54"
West along the Northeast right of way line of Algoma. Boulevard, 379.68 feet to a point in W.W. Wrights'
2nd Addition thereof, being South 85 °06'01" East, 6.48 feet of an existing NTD telephone manhole; thence
South 85 °06'01" East, 92.91 feet to a point which is 5.0 feet due West of the Southwest corner of Lot 4 of
Block 44 in the Seventh Ward, City of Oshkosh, Winnebago County, Wisconsin per Leach's Map of 1894
and the true point of beginning (P.O.B. thence South 57 °51'55" East, 68.66 feet; thence North
2 of 3
76 °05'48" East, 37.07 feet; thence North 00 °00'00" East, 9.16 feet to a point on the southern property line
of Lot 2, said Block 44, being the primary point of termination of this described 10 foot wide easement.
Easement #6
An easement ten (10) feet wide, being part of Block 44 of Leach's Map of the Seventh Ward of Oshkosh,
which centerline is described as follows: Commencing at Southeast corner of Cottrill's Subdivision of Lot
1, as shown in Palmer's Map of the First Ward, Oshkosh; thence North 53 °22'54" West along the
Northeast right of way line of Algoma Boulevard, 379.68 feet to a point in W.W. Wrights's 2 nd Addition
thereof, being South 85 °06'01" East, 6.48 feet of an existing NTD telephone manhole; thence South
85 °06'01" East, 92.91 feet to a point which is 5.0 feet due West of the Southwest corner of Lot 4 of Block
44 in the Seventh Ward, City of Oshkosh, Winnebago County, Wisconsin per Leach's Map of 1894;
thence South 57 °51'55" East, 68.66 feet; thence North 76 °05'48" East, 15.44 feet and the true point of
beginning (P.O.B. thence North 11 °20'54" West, 33.50 feet to a point on the southern property line of
said Lot 4, being the point of termination of this described 10 foot wide easement.
3 of 3
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