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HomeMy WebLinkAboutRevocable Occupancy permit Kaukauna Res Co (air conditioner)Document Number REVOCABLE OCCUPANCY PERMIT Wisconsin Department of Transportation Exempt from fee: s.77.25(2r) Wis. Stats. Name and address of PERMITTEE: Kaukauna Restaurant Company, LLC LOCATION OF ENCROACHMENT IS ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE The use and occupancy of Highway right of way under this permit is conditioned upon the permittees compliance with the following provisions: This permit only authorizes the existing air conditioner to remain temporarily within the STH 44 right of way by 1.0 feet, however, if this air conditioner is ever damaged in any way to the extent that the cost of repair or replacement of the damaged portion exceeds 50% of the value of the total air conditioner or if the above described property is sold, the air conditioner must be removed from the right of way. REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 09/26/2007 02:06PM JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 15.00 TRANSFER FEE # OF PAGES This space is reserved for recording data 3 Return to David Patek City of Oshkosh 215 Church Avenue PO Box 1130 Oshkosh, WI 54903 -1130 Parcel Identification Number/Tax Key Number 06 -107, 06 -019, 06 -108, 06 -105 2. If the highway right of way as required for highway purposes is at any time deemed by the City of Oshkosh (City) to be inconsistent with the continued use or occupancy under this permit, the City may terminate this permit upon (30) days written notice to the permittee. The permittee remove that portion of the air conditioner maintained under this permit within the time specified in the notice. shall 3. If the City determines that the installation or use of the facilities authorized under this permit increases the difficulty of highway maintenance, creates conditions adverse to the best interest of the highway users, the general public, or presents a threat to highway safety, then the permittees, upon notification by the City, shall promptly remove the encroaching air conditioner from the highway right of way. 4. Failure by the permittees to comply with the provisions of this permit is cause for the City to terminate this permit and to require the permittees to take immediate action to restore the right of way to its original condition. 5. Issuance of this permit shall not be construed as a waiver of the applicants obligation to comply with any more restrictive requirements imposed by local ordinances. 6. This permit is not assignable. WE, THE UNDERSIGNED, acknowledge that we have read and understand the foregoing conditions. PARTIES BOUND. This agreement shall be binding upon the heirs, personal representatives and successors of all parties. Project ID 6110 -16 -21 This instrument drafted by Kathy Rudolph Parcel 24 Timbers- Selissen Land Specialists <, 3 T `No representations other than those expressed herein, either oral or written, are a part of this permit. The permittee acknowledges receipt of a copy of this agreement. IN WITNESS WHEREOF, the permittee has hereunto set their hands and seals this --(P— day of IN PRESENCE OF: , " (Name) , V4q!A (Name) (Name) STATE OF WISCONSIN ) )SS. COUNTY OF ) Personally came before me this to day of the persons who executed the foregoing instrument CITY OF OSHKOSH Approved by STATE OF WISCONSIN ) )SS. COUNTY OF ) (Name) named permittee to me know to be ackno pe th& a �� C OI R (Si at Public, State of Wisconsin) ��,�� ��° °•< .•„ p y Name, Notary Public, ttate of Wisconsin) (Date Commission Expires) Personally came before me this day of the above named agent for the City of Oshkosh to me known to be the persons who executed the foregoing instrument and acknowledged the same. (Signature, Notary Public, State of Wisconsin) (Print or Type Name, Notary Public, State of Wisconsin) (Date Commission Expires) Project ID 6110 -16 -21 This instrument drafted by Kathy Rudolph Parcel 24 Timbers - Selissen Land Specialists LEGAL DESCRIPTION Lots One (1), Two (2), Three (3), and Four (4) in CITY'S REPLAT NO. 3, in the Sixth Ward, City of Oshkosh, Winnebago County, Wisconsin, EXCEPT parcel conveyed to City of Oshkosh as Document No. 1435707.