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APRIL 17 1986
�CARRIED LOST
LAID OVER
� 12
RESOLUTION
WITHDRAWN )
PURPOSE: ACCEPT LICENSE AGREEMENT FROM WISCONSIN
PUBLIC SERVICE CORPORATION
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: (Action scheduled for April 14, 1986)
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
proper City officials are hereby authorized and directed to accept a
License Agreement from Wisconsin Public Service Corporation for park and
recreational purposes, as attached hereto_
SUBNITTED BY _..___._�_---------
APPR07ED .�.'�
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. �
LICENSE AGREEMENT
Resolution # 12 ',
TH1S AGREEMENT OF IICENSE, by and between WISCONSIN PUBLIC SERYILE 'I
COftPORATION, a Wisconsin corporation, hereinafter referred to as
•Lorporatioo", and the UTY OF OSHKOSH, a municipal corporation, hereinafter li
referred�to as "City" made this day of , 1986. .
W I T N E S S E T H: '
In con5lderation of the sum of One (b1.00) Dollar paid hy the City to the �.
5aid Corporation, and the agreements of the City herein contained, the �
Lorporation grants to the City permission to use a portion af its property �
described as: I
Lots One (i) thru Twelve (12) of Block Eighteen (I81, l. M. Miller'S " �
First Addition to the City of Oshkosh according to Leaches MaD of 1894. �
and outlined in red on the attached drawing labeled •EXHIBIT" A, being a strip I
'�of land not to ezceed fifty (50) feet in width for a �ogg�ng walking or
bitycling Oath along the northerly hank of tYie Fox River as it is noN pre-
sently situated within the confines of the City of Oshkosh, Ninnehago County,
Wisconsin. The pro0osed route of said jogging/walking or bicycling pa:h is
shown in yellow on the attached "EXHIBIT• A. �
The portion of the property of the Corpora[ion included in this license I
is more specifically described as: i
I
The south 50 feet of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 �
of Block 18, L. M. Miller's First Addition to the City of Oshkosh �
according to Leaches Map of 1894. i
� Suhject to an easement to the City of Oshkosh over the southerty 50
� feet of �ots 8 and 9 for sanitary sewer purposes dated March 6, 1985. �
This License Agreement is granted and accepted upon the terms and subject i
to the following conditions: �
1. The City shall have the sole and exclusive duty of main[aining
Chis jogging/ualking or bicycling path without obligation to
the said Corporation,
2. The Lity 5ha11 have the exclusive right to improve Cbe easement
area with trees, shrubs, sidewalks as it deems necessary without
cost to the Corporation and further agrees thac upon terminatioo
of this license, said improvements shall be left in place unless
otherwise agreed upon 6etween the parties hereto for their removal.
3. The City agrees that all such use of the above described property
of said Corporation has been by the consent and license of said
Corporation and not adverse so as to create an interest in the
real estate.
4. The City agrees to erect a suitable fence along the northerly
side of the area licer,;2G and assunes all respon5loility for
maintenance of the same. In the event that the license is
terminated, this fence may be removed by the City unless a9reed
upon by the parties hereto that it shall be retained by the
Corporation.
5. The City agrees that the use of the above-descri6ed oroperty
shall in no manner interfere with or restriR the rights of
the Corporation to use [he abore-described property and/or
any adjacent property thereto owned by the Corpura[ion or
situa[ed along the jog9ing/walking or bicytling path as may
be required in its business as an electric and gas utility.
6. The Lity hereby agrees that [hey will indeinnify and save harmless
said Corporation, i[s successors and assigns, from and against
all liability, claims, suits, judgmen[s, costs and expense which
— 25a —
. . Resolution # 12 �i
may in any„�ise come"against said Corpora[ion in con5equence-of � I
the qranting of tbis license or of the exercise of such litense - �
by sdid City. i
1. It is further agreed that this license may be revoked at any i
time upon siz (6) months' notice, in writing, by mail, addressed
to Lhe City as follows: � �
City Clerk
City Hall - 215 Church Avenue
Oshkosh, MI 54901
(N MITNESS WHE4EOF, the Corporation and the City have caused these pre-
sents to be signed by tne duly authoH zed off7cerz the day and year firsL
�iabove written,
YISCONSIN PUBLIC SERVICE CORPORATION
By:
. Y. Hen erson - Vi ce- resi enT
8y:
. H. Knuth - ecretary
CITY OF OSHKOSH
By:
- Mayor
8y:
. , er
$TATE OF WISCONSIN)
) $S
COUNTY OF BROWN )
Personaliy came before me this day of 2986,
the above named ,1. V. Henderson and R. H, nut of the Wisconsin Pu lic
Service Corporation, to me known to be the persons X110 executed the
foregoing instrumen[ and to me knoun to be such and Yice-President and Secretar
of said torporation and acknowledged that they ezecutzd the foregoing instrumen
as such officers as the deed of said corporation, hy its authority.
Notary Public, Brown County, WI
My Comnission:
STATE OF WISLONSIN )
} 55
COUNTY OF NINNEBAGOI
Personally came before me this day of , 1986,
the above named , Mayor and
City Clerk for t e ity o s osh, a municipal corporation, to me �nown Co e
the persons who executed the foregoing instrument and acknowledged that [hey
executed the foregoing instrument as such officers as the deed of said cor-
poration, by its authority.
Notary Pu61ic, Winne6ago County, WI
My Comnission:
This instrument drafted by: R. C. Buttke for WPSL
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