HomeMy WebLinkAboutRelease of Easement Wisconsin Central LTD 9/2/09:r
RELEASE OF EASEMENT
For Value Received, WISCONSIN
CENTRAL LTD., an Illinois corporation, whose
mailing address is 17641 S. Ashland Avenue,
Homewood, Illinois 60430, hereby releases the
following interest, only for the property described
herein, as reserved in Quitclaim deed from
Wisconsin Central Ltd. ("Grantor ") to the City of
Oshkosh ("Grantee "'), whose mailing address is
215 Church Avenue, P.O. Box 1130, Oshkosh,
Wisconsin 54902 -1130, dated December 28, 1993
and recorded in the office of the Register of Deeds
for Winnebago County, Wisconsin on February 21,
1994, as Recordation No. 867830:
WINNEBAGO COUNTY, V
RECORDED CAN
10/14/ '
JULIE PpAGEL
REGISTER OF DEEDS
RECORDING FEE 1
TRANSFER FEE
OF PAGES 3
Return to:
City of Oshkosh
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54902 -11
1) an exclusive and perpetual easement for the maintenance, use,
operation, repair and renewal of a railroad right -of -way, including, without
limitation, the unconditional right to conduct rail common carrier operations
and activities to the extent and in the manner Grantor determines is in its
interest or is required pursuant to the Interstate Commerce Act, and
2) the ownership of all coal, oil, gas, casinghead gas, metals, rock and all
minerals of every kind and nature, in, on, or under the surface of the
Realty, together with the full right, privilege and license at any and all times
to enter upon the Realty to explore or drill for, and to protect, conserve,
mine, drill, take, remove and market any and all such products in any
manner which will not interfere with Grantee's use of the Realty surface,
and
3) the right to protect, maintain, operate, and use any and all existing
drainage, drive -ways, conduits, sewers, water mains, gas lines, electric
power lines, signal boxes, communication lines, poles, wires, and other
utilities, and recorded easement of any kind whatsoever on the Realty,
including the repair, reconstruction and replacement thereof.
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OCT 2 7 2009
CITY C
ERKSOFFICE
1
This Release of Easement applies to the following property only:
All that right -of -way owned by Wisconsin Central Ltd. located in part of Lots
0 and 1 of Block °D" of the WESTERN ADDITION to the City of Oshkosh,
said right -of -way runs from the water's edge of the Fox River Northeasterly
to the South right -of -way line of Marion Street and lies adjacent to and
contiguous with the Easterly right -of -way line of now vacated Dawes Street
and extends easterly to a line 25 feet Easterly of and parallel with the old
location of the main line as measured at right angles to said main line;
Also, all the right -of -way lying in Lots 1, 2, 3, 4, and 5 of Block "E" in the
WESTERN ADDITION to the City of Oshkosh, vacated Hancock Street and
Lots 4, 30, 29, 28, 6, 7, 8, 9, 10, 11 and 12 of Block "F" of the WESTERN
ADDITION to the City of Oshkosh, said right -of -way extends from the
Northerly line of Marion Street Northeasterly to the East line of tot 12 of
Block "'T"'; the right -of -way then continues as the Northerly 30 feet of Lots
13, 14, 15, and 16 of said Block "F "; said 30 feet extends across vacated
Jay Street to the Westerly line of Lot 1 of Block "B" in said WESTERN
ADDITION to the City of Oshkosh; Also including all that part of the
Southerly 1 h of vacated Warren Street, which may have been added to said
right -of -way;
Also, that part of Lots 1 and 11 of said Block "B" more fully described as
follows: Beginning at a point on the Westerly line of said Lot 1; thence
Northerly along the Westerly line of Lot 1, a distance of 30 feet; thence
Easterly along the Northerly line of Lot 1 and 11, a distance of 180 feet to
the common corner between Lots 11 and 10; thence along the arc of a
curve in said right -of -way Southwesterly to a point on the West line of said
Lot 1; thence Northerly along the Westerly line of said Lot 1 a distance of
30 feet to the point of beginning; also including all that part of the
Southerly 1 /2 of vacated Warren Street which may have been added to said
right -of -way.
IN WITNESS WHEREOF, WISCONSIN CENTRAL LTD., has caused these presents
to be signed by its Regional Manager — Southern Region, Business Development and Real
Estate, he being thereunto duly authorized this 2nd day of September , 2009.
WISCONSIN CENTRAL LTD.
By.
Michael F. ltKe .a"
Regional Manager — Southern Region,
Business Development & Real Estate
Z
STATE OF ILLINOIS )
)ss.
COUNTY OF COOK )
I, Robert R. Fowler , a Notary Public in and for the County of Cook, State of
Illinois, Do Hereby Certify that Michael F. Deegan, personally known to me to be the
Regional Manager- Southern Region Business Development and Real Estate, of
WISCONSIN CENTRAL LTD., an Illinois corporation, and personally known to me to be
the same person whose name is subscribed to the foregoing instrument, appeared before
me this day in person and severally acknowledged under oath that as such Regional
Manager- Southern Region Business Development and Real Estate, he signed and
delivered the said instrument as the Regional Manager- Southern Region Business
Development and Real Estate of said corporation, pursuant to authority given by the
Board of Directors of said corporation as his free and voluntary act and as the free and
voluntary act and deed of said corporation, for the uses and purposes therein set forth.
Given under my hand and seal this 2nd day of September , 2009.
THIS INSTRUMENT WAS PREPARED BY:
Wisconsin Central Ltd.
Business Development and Real Estate
17641S ' Ashland Avenue
Homewood, Illinois 60430
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