HomeMy WebLinkAboutMerten 04-0085-0000Easement
Number I Document Title
THIS INDENTURE, made this .® i n day of 2009, by
James F. Merten, Jr., Timothy W. Merten, Jeffrey S. Merten, Matthew
J. Merten, Grantor, and the CITY OF OSHKOSH, a municipal
corporation, located in Winnebago County, Wisconsin, Grantee,
1 Z5 1 r=1 Z 12,
REGISTER'S OFFICE
WINNERA60 COUNTY, VI
RECORDED ON
08/25 /2009 09 :02AN
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 13.
TRANSFER FEE
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IN CONSIDERATION of the sum of One Dollar ($1 and OF PAGE'.r, 2
other good and valuable consideration, including a parking agreement
between these parties set forth in a separate document, paid by the Grantee,
Recordin 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 -0085
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 3, Block 40 of Leach's Map of 1894 in the 4th Ward, City of Oshkosh, Winnebago
County, Wisconsin, containing 202.1 square feet of land and being described as follows:
Commencing at the Northeast corner of said Lot 3; thence S. 00 1 00'24 "W., 19.99 feet to the point of beginning;
thence S. 00 0 00'24" W., 19.98 feet along the East line of said Lot 3; thence N. 89 °57'51 "W., 10.14 feet; thence
N. 00-08'1 7"E., 19.98 feet to a point on the North line of said Lot 3; thence S. 89'57'14"E., 10.09 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 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, 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 negli , and the easement
property.
SEP 2009 L
ITY
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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 ofthe public who may wish to use the easement
property for lawful pedestrian purposes relating to adjoining business properties.
It is a condition of this agreement that the Oshkosh Common Council approve the funding for the
reconstruction / renovation project of the municipal parking lot near and across the existing alley right of way from the
easement property. The Council's failure to approve funding in the year 2009 will result in this Easement Agreement,
and all benefits and burdens herein, becoming null and void without further action by any party and without liability of "
either party to the other.
IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year fast above
written.
4.'A 9
2en
amen F. M 6 rten, J�.
1-4
Timot . Merten
Jeffre S. Merten
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
2009, James F. Merten, Jr., to me known to be the persons
e ed th s
Not ublic, mnebago County, WI
ommission:
2009, Timothy W. Merten, to me known to be the persons
Personally came before me this day of
who executed the foregoing instrument and acl
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this day of _
who executed the foregoing instrument and ac14
WI
STATE OF WISCONSIN
) SS.
WINNEBAGO COUNTY )
Personally came before me this day of , 2009, Jeffrey S. Merten, to me known to be the persons who
executed the foregoing instrument and ackn dged the same.
Notary Pu c, Winnebago County, WI
My Co ssion:
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY
Personally came before me this day of
who executed the foregoing instrument and aO
2009, Matthew J. Merten, to me known to be the persons
This instrument drafted by:
David J. Praska, Asst. City Attorney
Oshkosh, WI 54903 -1130