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HomeMy WebLinkAbout35583 / 89-322 r� OCTOBER 19, 1989 #322 RESOLUTION �CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: ACCEPT EASEMENT INITIATED BY: CITY ADMINISTRATION PLAN CONII�IISSION RECOMMENDATION: Approved 5-0 BE IT RESOLVED by the Common Councii of the City of Oshkosh that the proper City officials are hereby authorized and directed to accept a permanent sanitary sewer easement from the Miles Kimball Company on property located at the southwest corner of Oregon Street and West 35th Avenue, as per the attached map, and more fully described in the attached "Exhibit A". ,':, �; , ' ' . . 5UB1fITTED BY APPRUVED . �`''� - 14 - .-- � . Res. #322 ' � 0 _ � � o ° : •ls No�3ao � � � - .. w W 3 S O v".[�1 < � W W � � K = • W W 1� Z i IJ W < W • ' Y N N O[ �/1 � 1�-� � O � 2 h` I:J < W OC � N 3 O m �[m yyy 2� i . � o o� �= o c � , _► A N� S O LL= d Oa z u � �� � $ Uz t� 3 a W � ti m Q 8 w «� O'. N W w+ W � � ' � A • Y O� • � q ' Q K !1 t �� V t • G f Y C A W Q �/-.C. 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O �+'+N C a� C W�o 0 N N �L�N U w- N u c —e+o w dN� � O • � N C Y �+L �O �O>n Y i0 Um n<�+ L s N G • C N t^ ��� � - 14a - .� ^ �� - "EXHIBIT A" - Res. #322 �A��L��NT TIIIS 1NbGN1'UIiE, MAUL•' TIIIS 7�b__dny of ��A�,�(J�Q�__, 1909r by MILES KIMBALL CO., CflANTOA, and the CITY OF OSIiKOSH, a munlcipal corporation, located in Hinnebago County, Wisconsin, CRANTEE, WITNESSETH: IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by Crantee, the receipt of which ia hereby aoknowledged, the Crantor does hereby give and • grant unto the Crantee, its successors and assigns� an easement Sn� under and over the land hereinafter described, including the right to enter upon said land for the purpose of construction, maintain- ing, repairing and operating thereon a sanitary sexer, over and through and upon that certain tract of land situated in the City of Oshkosh, Winnebago County, Wisconsin, and described: as follows: A parcel of land in the NE 1/4 of the SE 1/U of Section 2, Tounship 17 North, range 16 East, 14th Ward , City of Osdkosh, Winnebago County, Wisconsin, described as follows: Commencing at the SW corner of Oregon Street and West 35th Avsnue, thenee 862.5 feet West along the south line of West 35th Avenue, thence south parallel With Oregon Street 10 feet, thence east parallel with West 35th Avenue to the aest 11ne of Oregon Street, thence north along the xest line of Oregon Street to the point of beginning . Upon exercising any of the rights herein granted, Grantee shall cause the property, soil and grass to be repaired and re- placed in a condition similar to its condition imroediately prior thereto and Crantee obligates itself to pay to Crantor, its successors and assigns, all actual damages caused by reason of the installation, operation, repair, or removal of said sanitary seuer through said property. ' IT I5 FURTHER MUTUALLY ACAEED that no building� tree or other substantial or permanent structure shall be placed upun 3aid property by the Grantor. The Crantee hereby releases the Crantor from all debts, claims, demands, damages, actions and causes of action Whatsoever whieh may result from said easement heretofore granted by Crantor, and further agrees to hold the Grantor free and harmleas from any elaim for damages whieh may be made by reason of damages or in�ury to persons or property connected therewith. IN WITNESS WHEAEOF, said Crantor has hereunto set tts hand and seal the day and year tirst above written. . MILES KI ALL C0. BY'---------��------------ � .- i . ' __%%/ti!_/_ �. A n d• -�r��`-1-� -�-t-------- STATE OF WISCONSIN) ) ss. WINNEBAGO COUNTY ) � Persona 1 ca before me this _y �i�o_ �u,f _ ______ , 1989, Y R Et'/ �� ---------�- - ---------- and ------���- -�-���----- to me known to b the persons who executed the foregoing instru- ment, and to me known to be such ofTicers of Miles Kimball Co., and acknowledged that they executed the foregoing instrument as such officers as the deed of said eorporation, by its a thority. ------------ ----� ----��---- Notary Public , Winnebago County ,WI My Commission:_____________________ This instrument drafted by: MOTAATPI'1111P,11'I,YSFfdOf,Ofq1111TY.NIS. A t t o r n e y J o h n W. P e n e e IIY COEIMISSlUN E.11'IN��FEBIIUAAP 2�.1991 City Attorney , Oshkosh, WI - 14b - c� 3 O � � � � � c�+ C�p n c�i� �7 F--� O � CD • �--� O Q C i7 m z rD m c-+ � o .. � w .. m rv -+ Cu N �p N O -G � V � rn m o (D N C/) "O t0 � ---I O� c+ �p \ ^�I O �� "S � cn 0 � Cl) c�' "S lD (D c+ �• � 7�A• 2� �, i � � W � U'I � c--F' �