HomeMy WebLinkAboutTod-Mar-04-0088-0000J P
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Document Number
Easement
Document Title
THIS INDENTURE, made this -day of n e— , 2009, by
TOD -MAR PROPERTY MANAGEMENT, Grantor, and the CITY OF
OSHKOSH, a municipal corporation, located in Winnebago County,
Wisconsin, Grantee,
1 !!5 1 IS., 7 ._3 Z*
REGISTER €OFFICE
WINNEBAGO COUNTY, VI
RECORDED ON
08/25/2009! 09_ .—E AN
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 3$.00
TRANSFER FEE
IN CONSIDERATION of the sum of One Dollar ($1.00) and OF PAGES 2
other good and valuable consideration, including a parking agreement
between these parties set forth in a separate document, paid by the Grantee,
Recording Area
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, WI 54903 -1130
for creating and maintaining pedestrian access to adjacent business properties
by the public. Pedestrian access allowed shall be without restriction by 904 -0088
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 5, Block 40 of Leach's Map of 1894 in the 4th Ward, City of Oshkosh, Winnebago County
Wisconsin, containing 860.8 square feet of land and being described as follows:
Commencing at the Northeast corner of said Lot 5 and the point of beginning; thence S. 00 °00'24" W., 37.97 feet
along the East line of said Lot 5; thence N. 89'57'14"W., 10.36 feet; thence N. 00 °02'34 "W., 19.85 feet; thence S.
89 0 57'26 "W., 9.00 feet; thence N. 00 °02'34 "W., 4.20 feet; thence S. 89 0 57'26 "W., 15.00 feet; thence N.
00 0 02'34 "W., 1.50 feet; thence S. 89 0 57'26 "W., 7.60 feet; thence N. 00 °02'34" W., 12.47 feet; to a point on the
North line of said Lot 5; thence S. 89 °56'38 "E., 41.99 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.
The Grantee shall be obligated to pay to Grantor, its 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, its 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,
,-i successors, assigns, and legal representatives, as well as for the benefit of the public who may wish to use the easement
V I 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
written.
TOD -MA P PERTY MANAGEMENT
\ 'r
By:
Name & Tit
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this 4 1 16 - day of �c.v1 , 2009, A
(Name & Title), and (Name & Title),of TOD-MAhk #A0PERTY
MANAGEMENT, to me 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.
�V� C Q �'�L&NA —
Not ry Public, Winnebago County, WI
My Commission: e4 i C? - Z 11 ar t
This instrument drafted by:
David J. Praska, Asst. City Attorney
Oshkosh, WI 54903 -1130
G li j is
SEP 2009 R�
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