HomeMy WebLinkAboutParkside Place LLCEasement
Document Title
THIS INDENTURE, made this Jv day of 2009,
by PARKSIDE PLACE LLC, Grantor, and CIT OF OSHKOSH,
a municipal corporation, located in Winnebago County, Wisconsin, Grantee,
WITNESSETH:
&)?- 9&94--
1 !ffi 1 !ffi4& E�t5
REGISTER'S OFFICE
WINNEBAGO COUNTY,, WI
RECORDED ON
08/13/2009 09:17AN
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 13.00
TRANSFER FEE
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good # OF PAGES 2
and valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, the Grantor does hereby give and grant unto the Grantee, its Recording Area _
successors and assigns, an easement over, under, and through the land hereinafter Name and Return Address
described. The purpose and use of the easement shall be to survey, lay, construct,
operate, inspect, maintain, repair, replace, relocate, and remove public utility City Attorney's Office
facilities and improvements including but not limited to sidewalks. The purpose Oshkosh, WI 54903 -1130
and use of the easement shall also include all other utilities, facilities, and
improvements incidental to primary purposes and uses of the easement. The
primary uses of easement property by Grantee shall include sidewalks and any #11- 0374 -0100
other public utilities and improvements which are deemed necessary for any Parcel Identification Number (PIN)
public purpose at the sole discretion of the Grantee. The Grantor also gives and grants
to the Grantee all reasonable rights of ingress and egress across adjoining lands owned by Grantor which is necessary for the
exercise of the rights herein granted. The easement granted herein shall be over, under, and through certain tracts of land situated
in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows:
A part of Lot 1 CSM #6328, Document #1487755 Register of deeds in the 11th Ward, City of Oshkosh, Winnebago County,
Wisconsin, containing approximately 1642.1 square feet of land and being described as follows:
The south 5.25 feet of Lot 1 CSM #6328, Document #147755 Register of Deeds, Winnebago County, Wisconsin.
Upon exercising any of the rights herein granted, Grantee shall cause the property, soil, and grass to be repaired and
replaced, except where the actual installation of sidewalks, and public utilities and related facilities and improvements prevents
the return to an original condition. Grass may be repaired or replaced through seeding. The Grantee shall be responsible for the
maintenance and repair of any public utility facility and improvement, except as may otherwise be required or allowed by law, as
well as the repair of any surface disruption caused by the Grantee in its use of the easement. Examples of public improvements
which the Grantor will be responsible for as allowed by law includes but may not be limited to sidewalks. The Grantor shall be
responsible for all other surface maintenance, including maintenance and repair of vegetation within the surface of the easement.
The Grantee shall be obligated to pay to Grantor, its successors and assigns, all actual damages caused by the Grantee's
negligent installation, operation, repair, or removal ofpublic facilities and improvements over, under, and through the easement
property. The Grantor, their successors and assigns, shall pay to the Grantee all actual damages caused by the Grantor's damage
to, interference with, or negligent actions relating to the public utility facilities and improvements located by the Grantee on the
easement property.
The Grantor, its agents or assigns, shall not interfere in any way with the Grantee's use of the easement, and in particular
shall not alter the slope or elevation of the easement, or install or construct any structures or improvements within the easement,
except that grass shall be maintained. Prohibited improvements include, but are not limited to, temporary or permanent building
structures, driveways, parking areas, sheds, vegetation except grass, landscaping or fences. Any improvements shall be allowed
only by special exception of the Board of Public Works.
The Grantor agrees that the Grantee may temporarily assign the construction and maintenance rights identified herein to
any contractor, third party, or other assignee who demonstrates to the Grantee sufficient competence and gives adequate
assurances that any work to be performed in or around the easement shall be conducted in a skillful manner, and that the
Grantor's interest in the easement premises shall be protected to the same extent as if the Grantee was itself performing the
construction and maintenance.
H
The Grantor affirms that it has the authority to enter into this easement agreement, that currently no other person or
entity maintains an easement over, under, or through the easement property described above, and that the Grantee's consent will
be required before any easement or use of the easement property by third parties is granted.
This easement is being granted for public purposes, both current and future, without regard to the Grantee's use of the
easement at any particular time. All rights, title and privileges herein granted, including benefits and burdens, shall run with the
land and shall be binding upon and inure to the benefit of the Grantor and Grantee, their respective heirs, executors,
administrators, successors, assigns, and legal representatives.
IN WP SS WIJEUOF, said Grantor has hereunto set its hand and seal the day and year first above written.
P
By: And:
Name "title k�� .1 -; ¢- Name & Title:
STATE OF WISCONSIN)
) SS,
WINNEBAGO COUNTY)
Personally came before me this day of ; 2009, the above named Charles J. Hertel, Ar ty -i n-
fa ct for Abraham I . g& Anbar, Sole Member, , of PARKSIDE PLACE LLC, to me
Imown to be such person(s) and officer(s) who executed the foregoing instrument and acknowledged the same as such officer by
its authority, for the purpose herein contained.
�t
Notary Public, innebago County, Wisconsin
My Commission expire& l', — -- 0
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903 -1130