HomeMy WebLinkAbout33576 / 85-14. ' . �
September 5, 1985 #14 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: GRANT OPEN SPACE EASEMENT - BUDGETEL
INITIATED BY: BUDGETEL INN
PLAN COMMISSION RECOMNIENDATIOtd: APPROVED 8-0
BE IT RESOLVED by the Common Council of the City of Oshkosh
that the proper City o£ficials are hereby authorized and directed
to grant an open space easement to B& G Realty, Inc., owner of Budgetel
Inn, as attached hereto.
I SUBMITTED BY
APPRQVFD I�/-L�LCL�ui �%7 �
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Resol. #14
e . _ M _ �
THIS INDENTURE, MADE THIS day of Septembec, hy the
CITY OF OSHKOSH, a municipal corporation, located in Winnebago
County, Wiaconsin, GRANTOR, and B& G REALTY, INC., A Wisconsin
Corporation, GRANTEE,
WITNESSETH:
IN CONSIAERATION of the sum of One Dollac ($1.00} and other
good and valuable consideration paid by Grantee, the receipt 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 entec upon said land for the purpose of access by Gcantee to his
property through and upon that certain tract of land situated in
the City of Osh�:osh, Tnir.nebayo Ccu:.ty, Wiscc:.sin, and describeci as
follows:
That part of the NW 1/4 of Sec. 15-18-16, in the 16th Ward,
City of Oshkosh, Winnebago County, Wisconsin, which is bounded
and.described as follows: Commencing at the NE corner of Lot
14 in Rath's Addition, thence South 00°26'00"W. along the East
line of said Lot 171.30 ft. to the point of beqinning, thence
continuing south 00°26'00" West 51.00 ft. to a point, thence
South 89°48'00" E. parallel with the N. line of said Lot 15.00
ft. to a point, thence i3 00°26'00"E. parallel with the E line
of said Lot 51.00 ft. to a point, thence North 89°48'00" West
15.00 ft. to the point of beginning, and said easement
contains 764.99 sq. ft. (0.0176 acres?.
Said easement is generally located immediately east of the
existing Budgetel Inn building.
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 similac to its condition immediately prioz
thereto and Grantee obligates itself to pay to Grantor, its
SllCCE'SSOL.�.. dI2C3 �cci�nc, al l ZC�L'�� ��:^2�y°5 CdL'S°C�.. �'j' �P.?.SOP. Of �.�':�
use of said access to Grantee's addition under and above the
property described above.
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 tesult from said easement heretofore granted by Grantor,
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Resol. #14
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 yeac first above wtitten.
CITY OF OSHROSH, A MUNICIPAL CORPORATION
By:
William D. Frueh, City Manager
And:
STATE OF WISCONSIN)
) ss.
WINNEBAGO COUNTY )
Donna C. Serwas, City Clerk
Personally came before me this day of September, 1985,
William D. Frueh, City Manager and Donna C. Serwas, City Clerk,
to me known to be the persons who executed the foregoing instru-
ment, and to me known to be such officers of the City of Oshkosh, a
municipal corpotation, and acknowledged that they executed the
foregoing instrument as such officers as the deed of said, by its
authority.
This instrument drafted
Attorney John W. Pence
City Attorney, Oshkosh,
by:
WI
�'1►
Notary Public, Winnebago County,WI
My Commission:
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