HomeMy WebLinkAboutRevocable Occupancy Permit Kaukauna Res (canopy to remain)i Z+- 4c3 aS)(b
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 canopy to remain
temporarily within the STH 44 right of way by 3.4 feet,
however, if this canopy 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 canopy or if the
above described property is sold, the canopy 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 3
This space is reserved for recording data
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David Patek
City of Oshkosh
215 Church Avenue
PO Box 1130
Oshkosh, WI 54903 -1130
2
Parcel Identification Number/Tax Key Number
06 -107, 06 -019, 06 -108, 06 -105
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 canopy 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 canopy 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.
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
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.
WITNESS WHEREOF, the permittee has hereunto set their hands and seals this --b— day o`52 p"'f
IN PRESEN OF:
(Name)
(Name)
(Name) (Name)
STATE OF WISCONSIN )
SS.
COUNTY OF
Personally came before me this W day of 11 the above n med permittee to me know to be
the persons who executed the foregoing instrument an acknowledge the same. I /
S (Signature, Notary tic, State of Wisconsin)
I(Print- r Type Name, N(3tary Public, 9tate of Wisconsin)
`' °66 ° '• , ° a ° ®o S (D�4e Commission Expire g)
CITY OF OSHKOSH
Approved by
STATE OF WISCONSIN )
)SS.
COUNTY OF )
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.