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Home My WebLink AboutD & M RentalsLLC-04-0082-0000Easement Document Number Document Title THIS INDENTURE, made this —/— day 2009, by D & M RENTALS LLC, Grantor, and the CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, the land hereinafter desciJ e . e pure 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 04 -0082 the Grantor provided access is for lawful access to adjacent business 9 business(es) parcel Identifi 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 2, Block 40, Leach's Map of 1894 in the 4th Ward, in the City of Oshkosh, Winnebago County, Wisconsin, containing 648.5 square feet of land and being described as follows: Commencing at the Northeast corner of said Lot 2; thence S. 00 1 00'00 "W. 35.73 feet to the point of beginning; thence S. 00 °00'24" W. 20.21 feet; thence N. 89 °58'40" W. 32.09 feet; thence N. 00 °04'01" W. 20.22 feet; thence S.89.57'5 1"E., 32.09 feet along said line to the point of beginning. 1 � 1 +�73E' REGISTER' OFFI WINNEBAGO COUNTY, WI RECORDED ON 08125 /2t 09 09--e "'I fi JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 13.00 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 b d TM ose and use of the easement shall be City Attorney's Office 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. SEP 15 2009 �° y Y Easement Document Number Document Title THIS INDENTURE, made this —/— day 2009, by D & M RENTALS LLC, Grantor, and the CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, the land hereinafter desciJ e . e pure 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 04 -0082 the Grantor provided access is for lawful access to adjacent business 9 business(es) parcel Identifi 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 2, Block 40, Leach's Map of 1894 in the 4th Ward, in the City of Oshkosh, Winnebago County, Wisconsin, containing 648.5 square feet of land and being described as follows: Commencing at the Northeast corner of said Lot 2; thence S. 00 1 00'00 "W. 35.73 feet to the point of beginning; thence S. 00 °00'24" W. 20.21 feet; thence N. 89 °58'40" W. 32.09 feet; thence N. 00 °04'01" W. 20.22 feet; thence S.89.57'5 1"E., 32.09 feet along said line to the point of beginning. 1 � 1 +�73E' REGISTER' OFFI WINNEBAGO COUNTY, WI RECORDED ON 08125 /2t 09 09--e "'I fi JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 13.00 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 b d TM ose and use of the easement shall be City Attorney's Office 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. SEP 15 2009 �° y i 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 written. D & REN By: By: e Name & Title: Name & Title: L�/2 { t i I i STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this l day of JV/ ✓.f' , 2009, (Name & Title), and MP�K RAA 6, f .- L (Name & Title),of D & M RENTALS LLC, 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 purpo therein contained. Notary Public, Winnebago County, WI My Commission: 7 - ° / a This instrument drafted by: David J. Praska, Asst. City Attorney Oshkosh, WI 54903 -1130