HomeMy WebLinkAboutEllerbusch 11-0875-0000 d i
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Easement
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
Document Number Document Title RECORDED ON
THIS INDENTURE, made this '/ day of , 2009, Q11 /21I/201Q1 09:49AN
by JAMES R. ELLERBUSCH, Grantor, and CITY OSHKOSH, JULIE PAGEL
a municipal corporation, located in Winnebago County, Wisconsin, Grantee, REGISTER OF DEEDS
WITNESSETH: RECORDING FEE 13. NI
TRANSFER FEE
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good
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and valuable consideration paid by the Grantee, the receipt of which is hereby 2
acknowledged, the Grantor does hereby give and grant unto the Grantee, its Recording Area
successors and assigns, an easement over under, and through the land hereinafter Name and Return Address
described. The purpose and use of the easement shall be to survey, lay, construct,
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use, operate, inspect, maintain, repair, replace, relocate, and/or remove sidewalks. City Attorney's Office
The purpose and use of the easement shall also include all other utilities, facilities, Oshkosh, WI 54903 - 1130
and improvements incidental to the primary purpose and use of the easement. The
primary use of easement property by Grantee shall be for sidewalk and those uses
incidental to sidewalks which are deemed necessary for a public purpose at the #11- 0875 -0000
sole discretion of the Grantee. The Grantor also gives and grants to the Grantee Parcel Identification Number (PIN)
all reasonable rights of ingress and egress across adjoining lands owned by Grantor which is necessary for the exercise of the
rights herein granted, including areas reasonably necessary for construction activities related to the 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 '/4 of the SE '/4 of Section 13, T18N, R16E, Lot 7, Caswell's Addition,
11 Ward, City of Oshkosh, Winnebago County, Wisconsin, and being described as follows:
The portion of said Lot 7 northeast of a line described by:
Beginning 5.0 feet westerly of the northeast corner of said Lot 7 and terminating 5.0 feet southerly of the
northeast corner of said Lot 7, bounded on the north by E. New York Avenue and on the east by Bowen Street.
Said Parcel contains approximately 12.5 square feet.
Upon exercising any of the rights herein granted, Grantee shall cause the property, soil, and grass to be repaired and
replaced, except where the actual installation of sidewalks and related incidental facilities and improvements prevents the return
to an original condition. Grass may be repaired or replaced through seeding. The Grantor shall be responsible for the
maintenance and repair of the sidewalk and related incidental facilities and improvements as may be required by the Municipal
Code, as amended from time to time, as well as the repair of any surface disruption caused by the Grantee in its use of the
easement. The Grantee shall be responsible for maintenance and repair of any other public facility and improvement in the
easement property which is not otherwise required of the Grantor. The Grantor shall be responsible for all other surface
maintenance, including maintenance and repair of vegetation within the surface of the easement.
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 sidewalk and related incidental facilities and improvements located by the
Grantee on the easement property.
The Grantor, his 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 where no sidewalk has been installed. Prohibited improvements include, but are
not limited to, temporary or permanent building structures, driveways, parking areas, sheds, drainage, vegetation except grass,
landscaping or fences. Any improvements shall be allowed only by special exception of the Board of Public Works.
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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
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 he has 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 his hand and seal the day and year first above written.
James R. Ellerbusch \
STATE OF WISCONSIN )
) SS,
WINNEBAGO COUNTY)
Personally came before me this A! day of , 2009, the above named James R. Ellerbusch, to me known to
be such person(s) and officer(s) who executed the fore ing instrument and acknowledged the same, for the purpose herein
contained. '
Notary Public, Wi 'tee i ago County, Wisconsin
My Commission expireig / — /3 - 0 9
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903 -1130