HomeMy WebLinkAbout90-332 OCTOBER 4, 1990 90-332 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: ACCEPT UTILITY EASEMENT
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved 6-0
BE IT RESOLVED by the Common Council of the City of Oshkosh that
the proper City officials are hereby authorized and directed to
accept the attached E�sement from Lyle A. and Patsy L. Schmitz,
for the construction of a storm sewer along properties located at 2250
and 2274 West 20th Avenue and more fully described in the attached
"Exhibit A".
SU�;�j;ITT�D BY
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• Res 90-332
"EXHIBIT A"
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' EASEMENT
THIS INDENTURE, MADE THIS day of September, 1990,
by Lyle A. Schmitz and Patsy L. Schmitz, GR11tJTOR, and the CITY OF
osHKOSH, a municipal corporation, located in Winnebago County,
Wisconsin, GRANTEE,
WITNESSE`i'H:
IN CONSIDERATION of the sum of One Dollar ($1 . 00) and
other good and valuable consideration paid by Grantee, ttie re-
ceipt of which is hereby acknowledged, ttie Grantor does hereby
give and grant unto the Grantee, its successors and assigns, an
easement in, under and over the land hereinafter described ,
including the right to enter upon said land for the purpose of
construction, maintaining, repairing and operating thereon a
storm sewer, over and through a�r.d uper. that certain tract of land -
situated in the City of Oshkosh, Winnebago County, Wisconsin, and
described as follows:
A part of the S 1/2 of the SE 1/4 of Section 28, T18N, R16E
and Outlot 13 in the Third Addition to Westhaven, all in the
13th Ward, City of Oshkosh, Winnebago County, Wisconsin,
which is bounded and described as follows:
Commencing at the S 1/4 corner of said Section 28, ttience S
89 degrees 22 ' 29" E along the soutii line of said SE 1/4
aforesaid 585. 45 feet, thence N 00 degrees 27 ' 00" E 40 feet
to the true point of beginning, thence S 89 degrees 22 ' 29��
E 242 . 91 feet along the north line of W. 20th Avenue, thence -
N 56 degrees 35 ' 15" E along the easterly lit�e of said
- Outlot 13 to a point 10 feet north of West 20tti 1lvenue as -
measured at right angles , ttience N 89 degrees 22 ' 29�� W �
along a line 10 feet north of and parallel to the north line -
of West 20th Avenue to a point 10 feet north of the true
point of beginning, thence S . 00 degrees 27 ' j9 10 feet to
the true point of beginning.
Upon exercising any of the riglits herein granted, Grantee
shall cause the property, soii and grass to be repaired and re-
placed in a condition similar to its condition immediately prior
thereto and Grantee obligates itself to pay to Grantor, its
successors and assigns, all actual damages caused by reason of
the installation, operation, repair, or removal of said storm
sewer through said property.
IT IS FURTHER MUTUALLY AGREED that no building, tree or
other substantial or permanent structure sliall be placed upon
said property by the Grantor.
The Grantee llereby releases tlie Grarltor from all debts,
claims, demands, damages, actions and causes of action wiiatsoever
which may result from said easement heretofore granted by Gran-
tor, and further agrees to l�old the Grantor free and harmless
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from any claim for damages which may be made by reason of damages
or injury to persons or property connected therewith.
IN WITNESS WHEREOF, said Grantor has hereunto�set its
hand and seal the day and year f irst aboye writte l; � j
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L� A. Schmif:z
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Patsy L. chmitz
STATE OF WISCONSIN)
) ss.
WINNEBAGO COUNTY ) '
Personally came before me this � day of September, 1990, _
Lyle A. Schmitz and Patsy L. Schmitz, to me known to b� the p�r-
sons who executed the foregoing i s`�?rume t nd acknok� .ed�ed the
same. / ��
/ ,�'n '.�
Notary Public, Winn ba o �o�.inty,4�'I
My Commission: �� � �
This instrument drafted by:
Attorney John W. Pence
City Attorney, Oshkosh, WI
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