HomeMy WebLinkAbout1994-Easement s
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EASEMENT sali', 3 0 1994
THIS INDENTURE, MADE THIS day ..of June, 1994, by the CITY OF
OSHKOSH, a municipal corporation, located at'.21 5 Church Avenue, Oshkosh, in
Winnebago County, Wisconsin 54902 -1130 (GRANTOR), and BROOKSIDE NORTH
APARTMENTS, a limited Partnership, located at 505 N. Westfield St., Oshkosh, in
Winnebago County, Wisconsin 54901 (GRANTEE),
WITNESSETH:
WHEREAS, Grantee intends to construct a garage five (5) feet from the
westiery lot line of its premises and the applicable building code requires that it be
ten (10) feet from the lot line, a requirement that will be satisfied by the Grantor
agreeing not to construct a building with said five (5) feet, more or less; and
WHEREAS, by resolution 94 -256 adopted June 14, 1994, the Common Council
for the City of Oshkosh approved the granting of this easement and authorized the
proper officials to execute this document;
NOW, THEREFORE,
1. In Consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration paid by Grantee, the receipt of which is hereby acknowledged,
the Grantor does hereby give and grant unto the Grantee, its successors and assigns
as hereinafter described, a non - exclusive easement over the land hereinafter
described, for the sole purpose of maintaining necessary building code spacing
requirements as presently existing, and described as follows:
A part of the NW 1/4 of the SW 1/4 of Sec. 15, T18N, R16E, 16th Ward, City
of Oshkosh, Winnebago County, Wisconsin.
Commencing at the west 1/4 corner of said Section 15; thence S. 00°54'10"
E along the west line of the southwest 1/4 of said Section 15, 1302.90 feet;
thence N. 89 °56'06" E along the north line of Robin Avenue, 649.92 feet to
the point of beginning of the lands herein described; thence continuing N.
89 °56'06" E. 10.00 feet; thence N. 00 °53'52" W. 300.25 feet; thence S.
89 °56'06" W. 10.00 feet; thence S. 00 °53'52" E. 300.25 feet to the point of
beginning of the lands herein described. Said lands including .07 acres more
or less.
2. Upon exercising any of the rights herein granted, Grantee shall cause the
property, soil and grass, if any, adjacent to the above described property to be
repaired and replaced in a condition similar to its condition immediately prior granting
of this easement, and Grantee obligates itself to pay to Grantor, its successors and
assigns, all actual damages caused by reason of the continued building space
requirement for the adjacent property.
3. The Grantor shall place no building, tree or other substantial or permanent
structure upon said property without the express written consent of Grantee, which
consent shall not be unreasonably withheld.
4. The Grantee agrees that it will at all times, during the existence of this
easement, indemnify the Grantor against any and all loss, damage and costs or
expenses which the Grantor may sustain, incur or be required to pay by reason of this
easement. Therefore, the Grantee hereby releases the Grantor from all debts, claims,
demands, damages, actions and causes of action whatsoever which may result from
said easement heretofore granted by Grantor, and further agrees to hold the Grantor
free and harmless from any claim for damages which may be made by reason of
damages or injury to persons connected therewith.
5 The parties contemplate that property underlying this indenture may be
conveyed by Grantor to a subsequent purchaser. The rights and obligations, duties
and benefits assumed by Grantee in this indenture shall fully inure to the benefit and
responsibility of any assignee. Otherwise, this indenture shall not be assigned by
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either party without the expressed written consent of the other party, whose consent
shall not be unreasonably withheld.
6. The making, execution, delivery and recording of this agreement by the
parties has been induced by no representations, statements, warranties, or
agreements other than those herein expressed. This agreement embodies the entire
understanding of the parties and there are no further or other agreements or
understandings, written or oral, in effect between the parties, relating to the subject
matter hereof. This instrument may be amended or modified only by an instrument
of equal formality signed by the duly authorized officers of the respective parties.
7. The parties expressly agree that this indenture may be terminated only upon
expressed written mutual consent of the parties and only by an instrument of equal
formality signed by the duly authorized officers of the respective parties. Grantee
obligates itself to pay to Grantor all actual damages caused by reason of the removal
of said recreational trail through the above described premises.
IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day
and year first above written.
FOR GRANTOR: FOR GRANTEE:
CITY OF OSHKOSH BROOKSIDE , ORTH APARTMENTS
,.(.,/-le 49 ZZ. ,-/ .40<'
William D. Frueh, City Manager Partner
A 42 /1,41h) e "maw)
, / � '
Donna C Serwas, City Clerk Partner
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before me this .?Yr,rday of Jir*- , 1994, So ii-r1 ru)A2.ic.
and w e t i tLiz me known to be the persons ..•171 the foregoing
instrument, and acknowledged the same. , '• 4
41_ ..ce,: ill
Notary . I ; ilg, , I ounty,WI
MyCo `:, • _.� _21 — 5
STATE OF WISCONSIN)
ss.
WINNEBAGO COUNTY )
Personally came before me this .-q day of , 1994, William D. Frueh,
city manager and Donna C. Serwas, city clerk, fo e City of Oshkosh, to me known
to be the persons who executed the foregoing instrument, and acknowledged the
same. ((�
� C.,AAOi
Notary Public, Winnebago County,W1
My Commission:IgA...a..o.. ,_
This instrument drafted by:
Warren P. Kraft, City Attorney
Oshkosh, WI 54902 -1130
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