HomeMy WebLinkAbout90-30 APRIL 19 , 1990 #90-30 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: GRANT EASEMENT TO WARNER CABLE �
INITIATED BY: WARNER CABLE COMMUNICATIONS INC.
PLAN COMMISSION RECOMMENDATION: Approved 9-0 w/conditions
BE IT RESOLVED by the Common Council of the City of Oshkosh
that the proper City officials are hereby authorized and directed
to grant an easement to Warner Cable Communications Inc. for the
placement and maintenance of underground television cables along
the westerly boundary of Algoma Park, and more fully described in
the attached "Exhibit A" .
BE IT FURTHER RESOLVED that the granting of said easement is
contingent upon the following: ,
1 ) That Warner Cable Communications Inc . will accept
responsibility for any damages to structures, improvements or
landscaping relative to work done within the easement area.
2 ) That the easement area revert back to the City when the
intended use of the grantee ceases.
BE IT FURTHER RESOLVED that the proper City officials are
hereby authorized and directed to execute the attached deed of
easement .
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SUB?,?I�,'Eli BY
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. " "EXHIBIT A" R2S. #90-30
WARNER CABLE COMMUNICATIONS INC.
DEED OF EASEMENT
In consideration of the sum ot UNE UOLLAR (�1.00) and other good and valuaole
consideration, the receipt whereof is hereby acknowledged, the Grantor(s) :
City of Oshkosh, a Municipal Corporation
does (do) hereby grant to Warner Cable Communications Inc. , its affiliates,
successor, assigns, lessees and licensees (hereinafter called "Company) , the
perpetual right, privilege, and easement to, from time to time, lay, construct,
operate and maintain cables, ground connections, accessories and appurtenances
used in connection therewith together with 'respective service connections there-
from to the adjacent lots or parcels, for the purpose of transmitting and dis-
tributing CATV and other electronic signals (hereinafter callel "Facilities")
as Company may require or deem expedient, advisable or proper upon, in, over
and under the following described premises (hereinafter called "Premises") of
Grantor(s) situated in the City ���� of Oshkosh , County of
Winnebago , and State of Wisconsin , and described as follows:
Part of the N.E. 1/4 of the S.W. 1/4 of Section 11 T. 18 N. - R. 16 E.
Commencing at the west 1/4 corner of said Section 11; Thence along the
north line of the SW 1/4 1,469 ft. to the point of beginning, thence
continuing 30 ft. thence due south 6 ft. to a point, thence west 20 ft. to a
point thence due south 121 ft. to a point thence west to the east line of the
North Aire Subdivision, thence N 127 ft. to the point of beginning.
Company agrees to use its best efforts to install the Facilities within that
portion of the Premises designated for utility installation.
The Facilities are and shall remain Company's property.
Company shall have the right-of-way over the Premises to inspect, rebuild,
relocate (within said easement) , repair and improve the Facilities and to make
such changes, alterations, substitutions, additions to or extensions of said
Facilities as Company may from time to time deem advisable, provided that
Company shall exercise such rights in a manner so as to cause as little dis-
turbance and inconvenience to said Grantor(s) as is practicable. Prior to
making any Facilities additions, or relocation after the initial Facility
is completed and in operation, Company agrees to notify Grantor of said
activity.
Company agrees to pay for all damage, �if any, to structures, buildings and
improvements of the Grantor(s) done by the Company or its contractors or
employees while engaged in the construction, reconstruction, maintenance or
removal of the Facilities, provided that Grantor(s) notify the Company of such
damage in writing within Thirty (30) days after said damage occurs, and provided
further that Company shall not be responsible for damage to structures, build-
ings or improvements, ot,her than fences, that are constructed over said portion
of the Premises after the installation of the Facilities.
Page 1 of 2
- 64a -
. Res. #90-30
Grantee shall, at its sole cost and expense, indemnify and hold Grantor harmless
against any and all claims, suits, actions, liability and damages (including, but
not limited to, expenses for reasonable legal fees) to persons or property, in
any way arising out of or through the negligent acts or omissions of Grantee, its
servants, agents or employees in connection with Grantee's use of the easement
being granted hereby.
The Facilities shall be located so as to not interfere with the Grantor(s) ingress
to and egress from the Premises, and Grantor(s) shall have the right to use the
right-of-way and easement for the purposes not inconsistent with the Company's
full enjoyment of the rights hereby granted.
Grantor(s) hereby execute(s) this DEED OF EASEMENT on this day of ,
19
Signed and acknowledged in the presence of:
Witness Grantor
Witness Grantor
STATE OF
COUNTY OF
Be it remembered that on this day of , 19 before me the
subscriber, a Notary Public in and for said county and state, personally
appeared the above-named Grantor(s)
who executed the foregoing instrument and acknowledged the execution of
same to be such Grantor(s) free act and deed for the uses and purposes
therein mentioned.
In testimony whereof, I have hereunto subscribed my name and affixed my
official seal on the day and year last aforesaid.
Notary Public
DRAFTER:
Kelly L. Newton
SEAL
� - 64b -
' � _ - Res. #90-3q . _.,. _ .
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