HomeMy WebLinkAboutSakschek 04-0095-0000Doc ument Number
Easement
Document Title
THIS INDENTURE, made this day of 60 , 2009, by
John J. Sakschek and Kathleen A. Sakschek, Grantor, and the CITY OF
OSHKOSH, a municipal corporation, located in Winnebago County,
Wisconsin, Grantee,
1 15 1 rM. - 7 �=
REGISTER'S OFFICE
WINNEBAGO COUNTY, VI
RECORDED ON
JULIE PAGEL
REGISTER CIF DEEDS
RECORI)ING FEE 13.00
TRANSFER FEE
#f OF PAGES 2
IN CONSIDERATION of the sum of One Dollar ($1.00) and
other good and valuable consideration, including a parking agreement
between these parties set forth in a separate document, paid by the Grantee, R Area CL
the receipt of which is acknowledged, the Grantor does hereby give and Name and Return Address
grant to the Grantee a public purpose easement over, under, and through City Attorney's Office
the land hereinafter described. The purpose and use of the easement shall be Oshkosh W154903 - 1130
for creating and maintaining pedestrian access to adjacent business properties
by the public. Pedestrian access allowed shall be without restriction by 904 - 0095
the Grantor provided access is for lawful access to adjacent business(es) Parcel Identification Number (PIN)
where such access is provided. The purpose and use of the easement shall
also include inspection, survey, preparation, construction, replacement,
repair, removal, and all related activities by the Grantee for the purpose of constructing and/or installing
paving, landscaping, public lighting including necessary wiring, and related improvements over, under, and through
certain land (hereinafter "easement property") situated in the City of Oshkosh, Winnebago County, Wisconsin, and
described as follows:
A part of Lot 15, Block 40 of Leach's Map of 1894 in the 4th Ward, City of Oshkosh, Winnebago County,
Wisconsin, containing 484.6 square feet of land and being described as follows:
Commencing at the Northeast corner of said Lot 15 and the point ofbe thence S. 00 °00'24 "W. 19.02
feet along the East line of said Lot 15; thence N. 89 °41'30 "W, 25.78 feet; thence N. 01 °29'56" E., 18.93 feet
to a point on the North line of said Lot 15; thence S. 89 °54'29" E., 25.29 feet along said line to the point of
beginning.
The Grantor shall be responsible for the maintenance, repair, and replacement of paving, landscaping, and
related improvements constructed in the easement property by the Grantee. The Grantor shall be responsible for all
regular and continuous maintenance of the easement property, including but not limited to, refuse and debris removal,
mowing and watering of vegetation, and removal of snow and ice. The Grantee shall be responsible for the
installation, repair, and/or replacement of any public lighting and related wiring over, under, and through the easement
property.
The Grantor shall not install or construct any paving, landscaping, or other improvements or structures, or
allow anything to obstruct, restrict, or limit pedestrian access by the public to the easement property without the
written approval of the Grantee. The Grantor shall not allow any vehicles to be parked within the easement property.
It is the Grantee's intention to work around existing support structures, facilities, and improvements on and
within the easement property. To the extent that the Grantee believes that the paving, landscaping or other
improvements or structures it installs or constructs within t easement property will require the relocation of
modification of the Grantor's existing support structures, facilities, and improvements, the Grantee will be responsible
for any and all such costs associated with this relocation or modification to support structures and premise ancillaries
that are currently adjoined to or reliant upon the easement area including, but not limited to, air conditioning system,
apartment porch, rain gutters, exterior utility housing and piping, basement exhaust vent, etc.
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The Grantee will ensure that the intended use of the easement property does not adversely affect Grantor's
existing support structures and premise ancillaries within and around the easement property and that they retain their
intended uses, or value to the property.
The Grantee shall be obligated to pay to Grantor, their successors and assigns, all actual damages caused by
the Grantee's negligent installation, repair, operation, or removal of paving and landscaping improvements under,
over, or through the easement property. The Grantor, their successors and assigns, shall pay to the Grantee all actual
damages caused by the Grantor's interference with, or negligent actions relating to, the easement and the easement
property.
All rights, title and privileges herein granted, including benefits and burdens, shall run with the land and be
binding upon and inure to the benefit of the Grantor and Grantee, and their respective heirs, executors, administrators,
successors, assigns, and legal representatives, as well as for the benefit of the public who may wish to use the easement
property for lawful pedestrian purposes relating to adjoining business properties.
HEREOF, said Grantor has hereunto set her hand and seal the day and year first above
1 A �
Ka en A. Sakschek
STATE OF WISCONSIN
) SS.
WINNEBAGO COUNTY )
Personally came before me thi day
known to be the,persons who executed the
This instrument drafted by:
David J. Praska, Asst. City Attorney
Oshkosh, WI 54903 -1130
%—v- — , 2009, John J. Sakschek and Kathleen A. S*schek, to me
instrument and aclmowledged the same.
fin
1 6 2009
� SEP CLE
CITY
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