The URL can be used to link to this page

Home My WebLink AboutCED properties/1518981000 Benjamin Southwick Attorney at Law Telephone:(608)6474111 130 West Court Street Fax:(608)647-8022 Richland Center, WI 53581 E-math brouth@southwicklaw.net June 25,2012 , Atty.Lynn Lorenson [`�'t , JUN 2 6 2012 City Attorney City of Oshkosh { ty v%Lf•�9r 4' 6 i a„� t; �.< i.X ! E '4`1 P.O. Box 1130 cam_'_.. Oshkosh, WI 54903 Mr. David C. Patek Director of Public Works City of Oshkosh PO Box 1130 Oshkosh, WI 54903-1130 Re: CED Properties,LLC. v. City of Oshkosh, Winnebago County Circuit Court case no. 10-CV-1379 Dear Lynn and Dave: I enclose for your files a file-stamped copy of the Order for Dismissal in the CED Properties litigation. I also enclose the original(to Lynn)of the recorded Grant of Easement. Thank you for allowing me to represent the City in this matter. t° 41,4z) VCV Sincerely, Benjamin Southwick Attorney at Law GRANT OF EASEMENT ='I'01""'IflI'I'is"'ITV 11 1 11111111111!11111111 111!11 NOW COMES CED Properties, LLC., a limited liability company n CI 7 n 'J organized under the laws of the State of Wisconsin, Grantor, and grants to x:4I I I M:ih! the City of Oshkosh, a municipal corporation of the State of Wisconsin, LOU6f �, Grantee,the following easement relating to the following-described real REINT f t >ti estate situated in Winnebago County, State of Wisconsin: WINNEBAGO COUNTY, WI ICE C..vrii The easement area n6/21/3017 ynS3 AM Being part of Lot 1 of Certified Survey Map#2090, as recorded in JULIE PAGEL Document#732253 of the Winnebago County Register of Deeds office, =1$ O`, L)!I`r`` located in the Southwest 1/4 of the Southwest 1/4 of Section 12,T18N, 11 Fe-nom:P.1n FFF R16E, City of Oshkosh, Winnebago County, Wisconsin, bounded described as follows: - Return to: Commencing at the southwest corner of Section 12, T18N, R16E; Attorney Ben Southwick thence N00°29'36"W, along the west line of the Southwest 1/4 of said 130 W. Court Street Section 12, 123.08 feet; thence N88°36'01"E, 44.21 feet to the existing Richland Center, WI 53581 easterly right-of-way line of Jackson Street and the point of beginning; thence N88°36'01"E, along the north edge of existing curb, 0.53 feet to Tax Parcel Number: the easterly edge of existing curb; thence southerly, along the easterly 151-898-1000 edge of existing curb, along the arc of a curve concave easterly, having a radius of 90.00 feet, whose chord bears S07°41'13"E 25.13 feet; thence S14°20'19"E, continuing along the easterly edge of existing curb, 7.03 feet; thence S89°48'11"E, continuing along the easterly edge of existing curb, 2.20 feet to the end of existing curb;thence southerly, along the easterly edge of existing sidewalk, along the arc of a curve concave northeasterly, having a radius of 33.00 feet, whose chord bears S2 1°11'14"E 25.11 feet; thence southeasterly, continuing along the easterly edge of existing sidewalk, along the arc of a curve concave northeasterly,having a radius of 43.00 feet, whose chord bears S56°43'04"E 23.11 feet;thence S29°38'20"W, continuing along the easterly edge of existing sidewalk, 3.02 feet; thence easterly, along the northerly edge of existing sidewalk, along the arc of a curve concave northerly, having a radius of 49.50 feet, whose chord bears S69°28'50"E 16.99 feet; thence easterly, continuing along the northerly edge of existing sidewalk, along the arc of a curve concave northerly,having a radius of 62.00 feet,whose chord bears S88°25'13"E 21.08 feet; thence N84°08'06"E, continuing along the northerly edge of existing sidewalk, 7.16 feet;thence N83°41'00"E, continuing along the northerly edge of existing sidewalk,48.46 feet;thence N84°18'48"E, continuing along the northerly edge of existing sidewalk, 7.39 feet;thence N07°18'15"W, continuing along the northerly edge of existing sidewalk, 0.87 feet;thence N87°35'53"E,continuing along the northerly edge of existing sidewalk, 12.17 feet;thence N85°38'46"E,continuing along the northerly edge of existing sidewalk, 24.75 feet;thence N88°00'54"E,continuing along the northerly edge of existing sidewalk, 13.08 feet; thence N89°42'10"E, continuing along the northerly edge of existing sidewalk, 7.45 feet;thence N88°36'56"E, continuing along the northerly edge of existing sidewalk, 26.92 feet;thence N88°19'30"E, continuing along the northerly edge of existing sidewalk, 19.43 feet; thence S87°38'23"E,continuing along the northerly edge of existing sidewalk, 4.76 feet; thence N89°08'01"E, continuing along the northerly edge of existing sidewalk, 13.68 feet to the east line of said Lot 1 of Certified Survey Map#2090; thence SO0°28'57"E, along the east line of said Lot 1, 0.21 feet to the existing north right-of-way line of Murdock Avenue; thence S89°05'47"W, along the existing north right-of-way line of Murdock Avenue, 64.78 feet; thence westerly,along the existing north right-of-way line of Murdock Avenue, along the arc of a curve concave southerly,having a radius of 534.00 feet, whose chord bears S86°25'05"W 49.91 feet;thence S83°44'23"W, along the existing north right-of-way line of Murdock Avenue, 73.79 feet;thence westerly, along the existing north right-of-way line of Murdock Avenue, along the arc of a curve concave northeasterly, having a radius of 56.00 feet, whose chord GO -J bears N76°24'38"W 38.03 feet;thence N56°33'39"W, along the existing north right-of-way line of Murdock Avenue, 8.77 feet; thence northwesterly, along the existing easterly right-of-way line of Jackson Street,along the arc of a curve concave northeasterly, having a radius of 38.50 feet, whose chord bears N39°37'06"W 22.44 feet; thence N22°40'33"W, along the existing easterly right-of-way line of Jackson Street, 7.05 feet; thence northerly, along the existing easterly right-of-way line of Jackson Street, along the arc of a curve concave easterly, having a radius of 60.00 feet,whose chord bears N16°00'02"W 13.95 feet; thence N09°19'30"W, along the existing easterly right-of-way line of Jackson Street, 10.22 feet; thence northerly, along the existing easterly right-of-way line of Jackson Street, along the arc of a curve concave easterly, having a radius of 130.00 feet, whose chord bears N05°39'34"W 16.62 feet to the point of beginning. Said easement contains 160 square feet, more or less. Rights of the parties in the easement area Grantee shall have the right to place, maintain and replace a concrete sidewalk, two existing street lights with concrete base and one sign bridge support with concrete base in the easement area. Grantor retains the right to construct a barrier wall in the easement area in a manner not inconsistent with Grantee's rights as set forth herein. The barrier wall can displace Grantee's concrete sidewalk to the extent of the footprint of the barrier wall. Easement to be permanent and run with the land This Easement shall be permanent and shall run with the land. It shall be binding upon the parties' heirs, successors, assigns and conveyancees. FOR GRANTOR: 6ZttAattV //4g Randall L. Abitz ACKNOWLEDGMENT State of Wisconsin ) Winnebago County ) Personally came before me this '6 day of May, 2012,the above-named Randall L. Abitz in his capacity as Managing Member of CED Properties, LLC.,a limited liability company organized under the laws of the State of Wisconsin, and on behalf of said Company,to me known to be the pe on who executed the foregoing instrument and acknowledge the same. • Ir i4 Notary Public State of Wisconsin My commission expires: 1 This instrument drafted by: Attorney Benjamin Southwick Richland Center, WI 53581 STATE OF WISCONSIN CIRCUIT COURT WINNEBAGO COUNTY BRANCH 1 * CED PROPERTIES, LLC a Wisconsin limited liability company, * Plaintiff * STIPULATION FOR DISMISSAL * and ORDER FOR DISMISSAL v. * CITY OF OSHKOSH C, ti7 a municipal corporation of chef ''� tase No. 10-CV-1379 State of Wisconsin, f �* E ^� 22 ?!2 * Defeul t_._._. DJ i .4oLJF-AM 1L &i Y DiON NOW COMES the parties above-named by their attorneys of record, each of whom are authorized to do so, and state the following as their STIPULATION FOR DISMISSAL Upon the filing of this Stipulation for Dismissal, and without further notice or hearing, the Court should dismiss the above-entitled action with prejudice and without further costs to either party. FOR PLAINTIFF: Attorney Erik Sa uel Olsen Samuel Phillip Law Offices, LLC State Bar Member#1056276 Attorney for plaintiff FOR DEFENDANT: Attorney Lynn Lorenson City Attorney City of Oshkosh Attorney David Praska Assistant City Attorney Attorney Benjamin Southwick Attorney at Law 1 r r' by: ' ji 6-r?--10 Benjam' Southwick Attorney at Law State Bar Member#1010840 One of defendant's attorneys The Court, having reviewed the above Stipulation for Dismissal and approving the same, hereby issues the following ORDER FOR DISMISSAL The above-entitled action is hereby dismissed with prejudice and without further costs to either party. Dated this 1.1 day of June, 2012. Bii' CO RT: onor. . - ho ':s J. Gritton Circui . s e Branc 2