HomeMy WebLinkAboutJahnke 04-0096-0000 ;
Temporary Easement
Document Number Document Title
THIS INDENTURE, made this 9I day of November, 2009, by JAHNKE �'`)
448 MAIN, LLC, Grantor, and the CITY OF OSHKOSH, a municipal
corporation, located in Winnebago County, Wisconsin, Grantee,
WITNESSETH:
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and Recording Area
valuable consideration paid by the Grantee, the receipt of which is hereby Name and Return Address
acknowledged, the Grantor does hereby give and grant unto the Grantee, its City Attorney's Office
successors and assigns, an easement in, under and over the land hereinafter Oshkosh, WI 54903 -1130
described, including the right to enter upon said land for the purpose of a
temporary limited construction easement related to the reconstruction 904 - 0096
of the easement property, and public parking lot directly east of this
Parcel Identification Number (PIN)
easement, including for such purpose the right to operate necessary
equipment thereon, the right of ingress and egress, and the right to resurface the land in a manner consistent with the
Grantor's building access ramp and with the surrounding public parking lot reconstruction project, provided Grantee's
use of the easement is required for the described public purpose, including the right to preserve, protect, remove and/or
replant grass, or to reconfigure or replace the existing hardsurface on the easement property that the City of Oshkosh
may deem desirable upon certain tracts of land situated in the City of Oshkosh, Winnebago County, Wisconsin, and
described as follows ( "easement property "):
Northerly 19 feet of East 20 feet of lot Seventeen (17) Block 40 in the Fourth Ward, City
of Oshkosh, Winnebago County, Wisconsin, per Leach's Map of 1894.
This easement is to terminate upon Grantee completing the public parking lot reconstruction
project East of the properties along the 400 Block of North Main Street.
Subject to all other easements and restrictions.
IT IS FURTHER MUTUALLY AGREED that no building or other substantial or permanent structure shall be
placed upon said property by the Grantee. Grantor understands that Grantee will resurface the easement property in a
manner consistent with the surrounding public parking lot reconstruction, and affirmatively consents to such use of the
easement property.
Up to the limitations set forth in Wis. Stat. 893.80, the Grantee 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 or property caused by the negligence of the Grantee, its employees or
agents, which are connected to the reconstruction of the easement property and public parking lot reconstruction
project during the period this Easement is in effect.
IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above
written.
--� JAHNKE 448 MAIN, LLC
f ey A. Jahnke. Managing Member
ACKNOWLEDGMENT
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY)
Personally came before me this day of November, 2009, the above named Jeffrey A. Jahnke, to me known to be the
person who executed the foregoing instrument an acknowledged the same.
Notary Public, Winneba o County, WI �}
My Commission:
This instrument drafted by:
David J. Praska, Asst. City Attorney
Oshkosh, WI 54903 -1130