HomeMy WebLinkAboutbehm 10/2/09 John Smith's 2nd Addition,r C"7' ! {
D I D
O C T 2 7 2009
Document Number
THIS INDENTURE, made this 2nd day of October , 2009,
by MICHAEL A. BEHM and KAREN S. BERM, collectively Grantor, and
CITY OF OSHKOSH, a municipal corporation, located in Winnebago
County, Wisconsin, Grantee,
WITNESSETH:
i!ffi ;R1-
REGISTER'; OFFICE
WINNEBAGO COUNTY, VI
RECORDED ON
10'1412009 09:09All
JULIE F °AGEL
REGISTER OF DEEDS
RECORDING FEE 13.00
TRANSFER FEE
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0
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good Recording A 1
Name and Return Address
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 City Attorney's Office
successors and assigns, an easement over, under, and through the land hereinafter Oshkosh, WI 54903 -1130
described. The primary purpose and use of the easement property shall be to
survey, lay, construct, use, operate, inspect, iriain:ain, repair, replace, relocate,
and/or remove storm water sewers and storm water drainage facilities. The #14-0420-0000
purpose and use of the easement property shall also include all other utilities, Parcel IdentificationNumber Numb er (PIN)
umb
facilities, and improvements incidental to the primary purpose and use of the
easement which are deemed necessary for a related 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 properties adjacent and
adjoining the easement property owned by Grantor which are necessary for the exercise of the rights herein granted, including
adjacent and adjoining property that is reasonably necessary for use in any construction and reconstruction activities related to the
Grantee's use of this easement property. 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 parcel of land being part of the NW 1 /4 of the SW 1 /4 of Section 26, T18N, R16E, Lot 21 of John
Smith's 2 nd Addition, 14 Ward, City of Oshkosh, Winnebago County, Wisconsin, and being
described as follows:
The east 10 feet of the west 235 feet of the north 15 feet of Lot 21 of John Smith's 2 nd Addition.
Upon exercising any of the easement rights herein granted, Grantee shall cause the property, soil, and grass to be
repaired and/or replaced so that it can be returned to a condition similar to the existing condition, except where the actual
installation of storm water sewer and storm water drainage facilities and related incidental facilities and improvements prevents
the return to an original condition. Grass may be repaired or replaced through seeding . After the property has been seeded, the
Grantor shall be responsible for any watering and maintenance which may be necessary or desirable. The Grantee shall be
responsible for maintenance and repairs of all underground facilities and above ground storm water facilities and structures
installed pursuant to this easement, except as otherwise stated. Grantor shall be responsible for mowing, maintenance, and repair
of grass and related incidental facilities and improvements as may be required by the Municipal Code, as amended from time to
time.
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 storm water sewer and storm water drainage facilities and related
incidental facilities and improvements located by the Grantee on the easement property.
The Grantor, their 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 in the easement property. Prohibited improvements include, but are not limited
to, temporary or permanent building structures, driveways, parking areas, sheds, change in elevations, 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
0-.
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.
The Grantor affirms that they have the authority without limitation 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 and uses, 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 WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written.
r
Mip iael A. Behm Karen S. Behm
STATE OF WISCONSIN)
) SS,
WINNEBAGO COUNTY)
Personally came before me this day of , 2009, the above named Michael A. Behm and Karen S.
Behm, to me known to be such persons who executed the foregoing instrument and acknowledged the same, for the purpose
herein contained.
otary Public, W' ago !4nw consin
My Commission expired:
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903 -1130