HomeMy WebLinkAbout35562 / 89-300 OCTC)BER 5 , 1989 #300 RESCIL[ITIC)N
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PURPOSE: ACCEPT EASEMENTS
INITIATED BY: CITY ADMINISTRATIC)N
PLAN CC)MMISSIC)N RECC)MMENDATIC)N : Approved 8-Q
BE IT RESC�LVED by the Comm�n C�uncil of the City of C)shkosh that
the proper City officials are hereby a��t�iori.:,ed and directed to accept
temporary construction and pex•manent storm sewer easement� from Lyle
�nd Patsy Laffien Schmita and h]er•rill A . Lewis , as per the attached
map, and more fully descriUed in the attached "Exhibit A" , "Exhibit
B" , and "Exhibit C" .
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, Res. #300
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"EXHISIT A" Re$. �3��
TEMPORARY CONSTRUCTION EASEMENT
�
THIS INDENTURE, MADE THIS �� day of ��Y, 1989,
by MERRILL A. LEWIS, GRANTOR, and the CITY OF OSHKOSH, a municipal
corporation, located in Winnebago County, Wisconsin, GRANTEE,
WITNESSETH:
IN CONSIDERATION of the sum of One Dollar ($1.00) and
other good and valuable consideration paid by Grantee, the re-
ceipt of which is hereby acknowledged, the 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
constructing, a storm sewer, 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 being located in the SW 1/4 of the SE 1/4
of Section 28, T18N, R16E, 13th Ward, City of Oshkosh,
Winnebago County, Wisconsin, being described as follows:
Commencing at the south 1/4 corner of Section 28, T18N,
R16E, thence S. 89 degrees 22'29" E. along the south line of
the SE 1/4 of Section 28, T18N, R16E, 585.43 feet, thence N.
00 degrees 27'00" E. 33.00 feet to the true point of
beginning, thence N. 00 degrees 27'00" E. 209.44 feet,
thence N. 89 degrees 33'13" W. 37.55 feet, thence S. 00
degrees 27'00" W. 30.00 feet, thence S. 89 degrees 22'29" E.
7.55 feet, thence S. 00 degrees 27'00" W. 189.44 feet,
thence S. 89 degrees 22'29" E. 30.00 feet to the true point
of beginning.
Upon exercising any of the rights herein granted, Grantee
shall cause the pro�erty, soil 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 sdnitary
sewer through said property.
IT IS FURTHER MUTUALLY AGREED that no building, tree or
other substantial or permanent structure shall be placed upon
said property by the Grantor.
The Grantee hereby releases the Grantor from all debts,
claims, demands, damages, actions and causes of action whatsoever
which may result from said easement heretofore granted by Gran-
tor, and further agrees to hold the Grantor free and harmless
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 first above written.
llrl,��.-��'G �� s� Pd,�-�,
Mer�ill A. LewisT— �
STATE OF WISCONSINj
) sS.
WINNEBAGO COIINTY )
Personally came before me this �� day of � , 19�('/,
Merrill A. Lewis, to me known to be the person hti executed the
foregoing instrument and acknowledged the same.
�
,'�ll%v�c/�/��;��
Notary Public, Winnebago County,WI
My Commission• mr' ---�S��O
This instrument drafted by:
Attorney John W. Pence
City Attorney, Oshkosh, WI
- 13b -
. "EXHIBIT B" RES. #3��
EAS�MENT �
i
THIS INDENTiIRE, MADE THIS �day of tttte, 1989, by
MERRILL A. LEWIS, GRANTOR, and the CITY OF OSHKOSH, a munici-
pal corporation, located in Winnebago County, Wisconsin, GRANTEE,
WITNESSETH: ,
IN CONSIDERATION of the sum of One Dollar ($1.00) and
other good and valuable consideration paid by Grantee, the re-
ceipt of which is hereby acknowledged, the 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, maintaininq, repairing and operating ttiereon a
storm sewer, 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 being located in the SW 1/4 of the SE 1/4
of Section 28, T18N, R16E, 13th Ward, City of Oshkosh,
Winnebago County, Wisconsin, being described as follows:
Commencing at the south 1/4 corner of Section 28, T18N,
R16E, thence S. 89 degrees 22'29" E. along the south line of
the SE 1/4 of Section 28, T18N, R16E, 585.43 feet, thence N.
00 degrees 27'00" E. 33.00 feet to the true point of
beginning, thence N. 00 degrees 27'00" E. 209.44 feet,
thence N. 89 deqrees 33'13" W. 37.55 feet, thence S. 00
degrees 27'00" W. 7.5 feet, thence S. 89 degrees 22'29" E.
27.55 feet, thence S. 00 degrees 27'00" W. 199.44 feet,
thence S. 89 degrees 22'29" E. 7.5 feet to the true point
of beginning.
Upon exercising any of the rights herein granted, Grantee
shall cause the pro�erty, soil 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 FURTf1ER MUTUALLY AGREED tl�at no building, tree or
other substantial or permanent structure shall be placed upon
said property by the Grantor.
The Grantee hereby releases the Grantor from all debts,
claims, demands, damages, actions and causes of action wliatsoever
which may result from said easement heretofore granted by Gran-
tor, and further agrees to hold the Grantor free and harmless
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 t�ereunto set its
hand and seal the day ar.d year first above written.
��� � �/ �C .�ccw�
Merri A. Lew s`T'--
STATE OF WISCONSIN)
) ss.
WINNEBAGO COUNTY
Personally came before me this -�� day of •3`a�-ti� i989,
Merrill A. Lewis to me known to be the person who executed tha
foregoing instrument and acknowled ed the same.
/�L/�vC/ �� ��/'-c.9
Notary Public, Winnebaqo _County,WI
My Commission: �- �--r`y�
This instrument drafted by:
Attorney John W. Pence
City Attorney, Oshkosh, WI
- 13c -
"EXHIBIT C" ReS. �3�0
PASliMENT
`I'HIS INDEN'I'URE, MADE TI[IS day of June, 1989, by
LYL� A. SCHMITZ & PATSY LAFFIEN SCHMITZ, GRANTOR, and the CITY OF
OSIIKOSII, a municipal corporation, located in Winnebago County,
Wisconsin, GI2AN'1'LE,
WITNESSCTH:
IN CONSIDEI2ATION of the sum of One Dollar ($1.00) and
oL-her good and valuable consideration paid by Grantee, the re-
ceipt of which is hereby acknowledyed, the Grantor does hereby
qive and grant unto the Grantee, its successors and assigns, an
easement in, under and over the land tiereinafter 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 and upon that certain tract of land
situated in the City of Oshkosh, Winnebago County, Wisconsin, and
described as follows:
A parcel of land being located in the SW 1/4 of the SE 1/4
of Section 28, T18N, R16E, 13th Ward, City of Oshkosh,
Winnebago County, Wisconsin, being described as follows:
Commencing at the south 1/4 corner of Section 28, T18N,
R16E, thence .S. 89 degrees 27.'29" E. along the south line of
the SE 1/4 of Section 'J.B, T18t;, R15E, 585.43 feet, thence DI.
00 dec�rees 27'00" L. 33.00 feet to the true point of
beginning, thence N. 00 degrees 27'00" E. 209.44 feet,
ttience S. 89 degrees 22�29" E. , 7.5 feet, tY�ence S. 00
degrees 27'00" W. 209.44 feet, ttience N. 89 degrees 22'29"
W. , 7.5 feet to the true point of beginning.
Upon exercising any of ttie rights herein granted, Grantee
shall cause the pro�erty, soil and grass to be repaired and re-
placed in a condition similar to its condition immediately prior
thereto and Grantee obliqates 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 tt�at no building, tree or
other substantial or permanent structure shall be placed upon
said property by the Grantor.
`1'he Grantee hereby releases the Grantor from all debts,
claims, demands, damages, actions and causes of action w}iatsoever
which may result from said easement heretofore granted by Gran-
tor, and further agrees to hold the Grantor free and harmless
from any claim for damages wiiich may be made by reason of damages
or injury to persons or property connected therewith.
IN WITNESS WHLREOF, said Grantor has hereunto set its
hand and seal the day and year first above written.
Lyle A. Schmitz
Patsy Laffien Schmitz
STATE OF WISCONSIN)
) ss.
WINNEBAGO COUNTY ) •
Personally came before me this day of June, 1989,
Lyle A. Schmitz and Patsy Laffien Schinitz, to me known to be the
persons who executed the foregoing instrument and acknowledqed ttie
same.
ldotary Public, Winnebago County,WI
My Commission:
This instrument drafted by: •
Atto n�ey John W. Pence
City Attorney, Oshkosh, WI
- 13d -
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