HomeMy WebLinkAboutPark Plaza of Oshkosh/amendment of ground lease ,,.2
CORRECTION OF
MEMORANDUM OF AMENDMENT OF GROUND LEASE
THIS MEMORANDUM, dated as of January // , 1988 ,
between PARK PLAZA OF OSHKOSH, INC. , a Wisconsin corporation,
and the CITY OF OSHKOSH, WISCONSIN, a Municipal corporation.
WHEREAS, the parties have heretofore entered into a
Ground Lease dated August 26 , 1985 , a memorandum of which was
recorded in the office of the Register of Deeds , Winnebago
County , Wisconsin, May 13, 1986 as Document No. 651593, and
WHEREAS, the parties have entered into an amendment
of said Ground Lease amending the description of the Driveway
Easement contained in Exhibit A of such Ground Lease, and
WHEREAS , the parties recorded a Memorandum of
Amendment of Ground Lease in the office of the Register of
Deeds , Winnebago County, Wisconsin, December 28 , 1987 as
Document No. 693942, and
WHEREAS, the legal description attached as Exhibit A
to such Memorandum was erroneous and the parties wish to correct
it,
NOW, THEREFORE, the parties hereby agree that the
description of the Driveway Easement. in Exhibit A of the Ground
Lease shall be amended as set forth in Exhibit A attached hereto
and such revised description shall be substituted for the
description of such Driveway Easement originally contained in
Exhibit A of the Ground Lease and the description originally
contained in the Memorandum recorded December 28 , 1987, as
Document No. 693942 .
IN WITNESS WHEREOF, the parties have caused this
Correction of Memorandum of Amendment of Ground Lease to be
duly executed and sealed as of the day and year first above
written.
Witnesses : PARK PLAZA OF OSHKOSH, INC .
//j' `- ) ,/ L _
f'
.% __- s r_.% By
Ted L !n
(7-di L
Attest A�j G�/p
Alberta Kimball, Secretary
(Corporate Seal)
Witnesses : CITY OF OSH SH, WISC NSIN
By -Ge
William D. Frueh, City Manager
)
Attest 'j./ ` ‘./2
Donna C. Serwas, City Clerk
(Corporate Seal)
STATE OF WISCONSIN)
SS .
WINNEBAGO COUNTY )
On this /9;Z-day of , 1988, before
me, a notary public duly authorized/ in and fok said County and
State aforesaid to take acknowledgments , personally appeared
Ted Leyhe, President, and Alberta Kimball , Secretary , of Park
Plaza of Oshkosh, Inc. , to me known and known to me to be such
officers of Park Plaza of Oshkosh, Inc. , and acknowledged that
as such officers , being authorized so to do they executed the
foregoing instrument on behalf of said corporation by subscribing
the name of such corporation by each as such officer and caused
the corporate seal of said corporation to be affixed thereto,
as a free and voluntary act, and as the free and voluntary act
-2-
of said corporation, for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I hereunto set my hand and
official seal.
Notary Public
My Commission
NOT1ttY Mi 6?`t"�`T°,�� 'SC..,.,T,,. .,N.
MY COMMISSION i d'i i s 'i a 2! f Iti
STATE OF WISCONSIN)
SS .
WINNEBAGO COUNTY )
On this day of , 1988, before
me, a notary public duly authorized in anft said County and
State aforesaid to take acknowledgments , rsonally appeared,
William D. Frueh, City Manager, and Donna C. Serwas , City Clerk,
of the City of Oshkosh, Wisconsin, to me known and known to me
to be such officers of the City of Oshkosh, Wisconsin, and
acknowledged that as such officers, being authorized so to do
they executed the foregoing instrument on behalf of said City
by subscribing the name of such city by each as such officer and
caused the corporate seal of said city to be affixed thereto, as
a free and voluntary act, and as the free and voluntary act of
said city, for the uses and purposes therein set forth .
IN WITNESS WHEREOF, I hereunto set my hand and
official seal .
j ( .
Notary Public
My Commission ,h;
This instrument was
drafted by James Urdan.
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EXHIBIT A
DRIVEWAY EASEMENT
That part of the First Ward, City of Oshkosh,
Winnebago County, Wisconsin which is bounded and described as
follows : Commencing at the Northeast Corner of Lot 1 in Moore 's
Subdivision; thence N89 °-25 '-39 "W 194 .48 feet, along the existing
South line of Marion Street; thence N00 °-24 '-46"E 55 .86 feet to
the true point of beginning; thence S89 °-36 '-07"E 10 .00 feet, to
a point on the West line of Commerce Street; thence N00°-24 '-46"E
17.12 feet, along the West line of Commerce Street; thence N89°-
36 '-07"W 294 . 77 feet; thence S00 °-23 '-53"W 118 . 77 feet; thence
S89 °-36 '-07"E 45 .00 feet; thence N00°-23 '-53"E 46 .93 feet; thence
S89 °-36 '-07"E 239 . 75 feet; thence N00°-24 '-46"E 14 .57 feet; thence
N89 °-36 '-07"W 208 . 84 feet; thence N00 °-23 '-53"E 40 .15 feet; thence
S89°-36 '-07"E 208 .85 feet to the true point of beginning, such
easement being limited to that part of said parcel between the
ground level and a horizontal plain at elevation 766 .0 feet above
Mean Sea Level . Said parcel contains 14 ,354 . 89 square feet of
land.