HomeMy WebLinkAboutFox Valley Tech/Adult Education District 150 N Campbell Rd 2009Y
Document Number '
Encroachment Agreement
CITY OF OSHKOSH
11E
PROPERTY OWNER
This document drafted by Lynn A. Lorenson, City Attorney
1 n -974
REGISTER'S OFFICE
WINNEBAGO COUNTY, wl
RECORDED ON
10/08/2009 09-:07M)
JULIE P'AGEL
REGISTER OF HEEDS
RECORDING FEE 19.00
TRANSFER FEE
# OF PAGES 5
Recording Area
Name and Return Address
City Attorney's Office
Oshkosh, WI 54903 -1130
90608020000
Parcel Identification Number
�r D I D , 0 C T 14 2009
CITE' C L f 0, F 1na
I
ENCROACHMENT AGREEMENT
WHEREAS, the Fox Valley Technical and Adult Education District is the fee owner of
Parcel No. 90608020000, located at 150 N. Campbell Road, City of Oshkosh, Winnebago
County, Wisconsin, and
WHEREAS, an easement has been dedicated to the City of Oshkosh over such parcel for
sanitary sewer purposes; and
WHEREAS, Fox Valley Technical College desires to place an obstruction over such
easement as follows:
A parcel of land located in Section 23, Township 18 North, Range 16 East,
City of Oshkosh, Winnebago County, Wisconsin, and more particularly
described as follows:
Commencing at the center 1/4 corner of Section 23, Township 18 North, Range
16 East; thence N 88 0 55'53" W. 623.54 feet to a point; thence N 01 0 04'07" E.
33.00 feet to a point on the northerly right -of -way line of Witzel Avenue, thence
continuing N 01 1 04'07" E, 15.00 feet to the point of beginning; thence continuing
N 01 0 04'07" E, 40.00 feet to a point; thence N 88 0 55'53" W. 25.00 feet to a point;
thence S 01 0 04'07" W. 40.00 feet to a point; thence S 88 0 55'53" E. to the point
of beginning.
A monument sign to be constructed near the southwest corner of the parcel. The
sign shall be constructed according to the attached figures, Exhibit "B ". The
placement of the sign shall be such that it is a minimum of 15 feet from the center of
the sanitary sewer pipe. Fox Valley Technical College shall be responsible for
maintaining the sign and plantings around the sign.
and
WHEREAS, the City of Oshkosh Department of Public Works has reviewed this request and
the City of Oshkosh is willing to allow the placement of the requested obstruction subject to certain
conditions.
NOW, THEREFORE, in consideration of the City of Oshkosh, a Municipal Corporation
granting permission to the undersigned property owner to place an obstruction within the easement
area described in attached Exhibit "A ", the undersigned property owner agrees that it is solely
responsible for its activities under this agreement. The undersigned property owner hereby releases
the City of Oshkosh from all debt, claims, demands, damages, actions and causes of action
whatsoever which may result from the placement of an obstruction in the City of Oshkosh sanitary
sewer easement by the undersigned property owner. Further, the undersigned property owner
agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of
any kind or character whatsoever which may in any way be caused by the activities under this
privilege by the undersigned property owner or agents or employees. Further, the undersigned
property owner agrees to indemnify and refund to the City all such sums which the City may be
obligated or adjudged to pay, including the City's attorney fees and costs, on such actions, claims or
demands within 30 days after written request for such indemnification. The undersigned property
owner agrees that this paragraph is to be liberally construed in favor of the City of Oshkosh, in
consideration of the privilege granted by the City under this agreement.
The undersigned property owner acknowledges that the easement area is subject to
maintenance, repair or replacement and any obstructions placed by the undersigned property owner
pursuant to this agreement may be damaged. The undersigned property owner acknowledges and
agrees that any additional expenses incurred by the City of Oshkosh in the removal of the
obstruction, repair or replacement, or damages to the obstruction will be at the sole expense of the
undersigned property owner. The undersigned property owner further agrees that there is no
obligation by the City of Oshkosh to repair or replace any damaged property due to the exercise of
easement rights by the City of Oshkosh. The undersigned property owner agrees to protect and
hold the City of Oshkosh harmless against all actions, claims and demands regarding damages to
property within the easement area which may arise due to the City of Oshkosh's exercise of its
easement rights.
Notwithstanding any other covenant or agreement, the covenants, rights, privileges, benefits and
obligations created hereby shall run with the land and inure to the benefit of, and be binding upon,
the parties hereto, their successors, tenants, subtenants, licensees, and assigns.
Dated this ZT day of sero b� , 2009.
FOX VALLEY TECHNICAL AND ADULT EDUCATION DISTRICT
By: <: 4 - " m
Jill V9twen, Vice President
A ministrative Services
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY) r
Personally came before me this ff of S�'Pf�luil;' W09, the above -named JILL McEWEN, VICE
PRESIDENT, ADMINISTRATIVE SERVICES to me known to be the person(s) and officer(s) who executed the foregoing
document on behalf of said FOX VALLEY TECHNICAL A ADULT EDUCATION DISTRICT to whom right is granted
and acknowledged the same.
Notary Public, 1 Co., Wisconsin
My Commission: Pr 2!�
CITY OF OSHKOSH
By: .�eu r ;.:;, 44",e�
Mark A. Rohloff, City Manager
STATE OF WISCONSIN )
G
} SS.
WINNEBAGO COUNTY ) ®®_ l
k
Personally came before me this day of (:te -u 2009, the above - named MARK A.
ROHLOFF, CITY MANAGER, AND PAMELA R. UBRIG, CITY CLERK, of the Cityof Oshkosh, a municipal corporation, to
me known to be the persons who executed the foregoing instrument, and to me known to be such officers of said
corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said
corporation, by its authority.
Notary Public, Winnebago Co., WI
My Commission expires /--?—/ 3 - 9
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