HomeMy WebLinkAboutHill-04-0106-0000Easement
Document Number Document Title
THIS INDENTURE, made this day of K-"/ , 2009, by
Madonna J. Hill, Grantor, and the CITY OF OSHKOSH, a municipal
corporation, located in Winnebago County, Wisconsin, Grantee,
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REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
08/125P21M 09:02
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 13.00
IN CONSIDERATION of the sum of One Dollar ($1.00) and TRANSFER FEE
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other good and valuable consideration, including a parking agreement
between these parties set forth in a separate document, paid by the Grantee,
the receipt of which is acknowledged, the Grantor does hereby give and Recording Area
grant to the Grantee a public purpose easement over, under, and through Name and Return Address
the land hereinafter described. The purpose and use of the easement shall be City Attorney's Office
for creating and maintaining pedestrian access to adjacent business properties Oshkosh, WI 54903 -1130
by the public. Pedestrian access allowed shall be without restriction by
the Grantor provided access is for lawful access to adjacent business(es) 904 -0106
where such access is provided. The purpose and use of the easement shall Parcel Identification Number (PM
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 Lots 27 and 28, Block 40 of Leach's Map of 1894, 4th Ward, City of Oshkosh, Winnebago County,
Wisconsin, containing 815.4 square feet of land, being described as follows:
Commencing at the Northeast corner of said Lot 28 and the point of beginning; thence S.00 °00'24" W.39.48
feet along the East line of said Lots 28 and 27; thence N 89 °54'29 "W. 25.29 feet; thence N. 01 °29'56 "E 18.49
feet; thence 89 °53'35" W. 14.02 feet; thence N. 00 °01'01" E. 21.00 feet; thence S. 89'54'11" E. 38.82 feet 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 be allowed to use the easement property for vehicular traffic, but
only to the extent necessary to allow access to a garage structure adjoining the easement property described herein.
There shall be no parking on the easement property. The Grantor shall not allow any vehicles to be parked within the
easement property.
The Grantee shall be obligated to pay to Grantor, her 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, her 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.
IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first above
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Madonna J. Hill
STATE OF WISCONSIN
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WINNEBAGO COUNTY
Personally came before me this 2— day of .,, 0, 2019f
who executed the foregoing instrument and led e the a
Notary
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This instrument drafted by:
David J. Praska, Asst. City Attorney
Oshkosh, WI 54903 -1130
J. HILL, to me known to be the persons
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L1 SEP 2009
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