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E[�1EEZ IN'iq TA-'E�"IE2'TP 4VI`t'i `1(7t^JN O? A�1`�]A SANIT�ItY DIS2iiICP ;k1
INIT�:-� BYz CTZ"�' AAti1Il3SSi_�A'PION
BE �"' RE.^x.�UE� by the Cc�'r:tor, Co�L_ �i_�. of ihe City of Oshkosh thtit th°
proper ci_ty officials are hereb� aut,'ior.i.�ed ancl d.irectcd to enter infio the
attached ac3r� snent with the Taan of Algana Sanitazy Distri.ct �rl.
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SIIB.iITTED BX
b'tEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF OSHKOSH AbID
THE TOWN OF ALGOMA SANITARY DISTRICT fil
�
RE: Interpretation of Article 14 on page 5 of the Agreement between
the City of Oshkosh and the Town o£ Algoma Sanitary District ,u,l
dated December 15, 1977.
The parties hereto agree that the interpretation and understanding
of Paragraph 14 of page 5 of the a£orementioned Agreement between the
parties is as £ollows:
1. That "service area" is defined as land area which is
under the primary jurisdiction of a governing body £or purposes of
sanitary sewerage collection.
2. That the City of Oshkosh Service Area is that area lying
easterly and southerly of a line described on Exhibit A attached hereto
and incorporated herein by re£erence.
3. That the Town of Algoma Sanitary District #1 Service
Area is that area northerly and westerly of the line described in
Exhibit A, exceot that that area west of Clairville Road shall not
be specifically defir.ed as being in either r.;unicipality's service
area at the present timea
4. That attached hereto as Exhibit B and incorporated
herein by re£erence is a map delineating the respective service azeas
of the parties.
5. That should the Town of Algoma Sanitary District #1
have the ability and the desire to furnish sanitary sewer to areas
within the City of Oshkosh Service Area, and should a covenant as
referred to in paragraph 6 of this Dlemorandum Agreement be executed,
that the Town will then have the right to service such areas, provided
however, that when the City of Oshkosh becomes contigu�us to land
so serviced within the City Service Area, then and in that event
said property will have to annex to the City of Oshkosh or,
alternatively, at the option of the oroperty owner, sanitary sewer
service to the property will be discontinued. Should the o�,aner choose
annexation, then he will automatically be incorporated in the City of
Oshkosh Service Area.
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6. That prior to and as a condition of any extension whatsoever
by the Town of Algoma Sanitary District �1 into the City� of Oshkosh
Service Area, the property owners so served shall sign a covenant,
which wi11 run with the land so owned, and be recorded in the Office
of the Register oi Deeds of winnebago County, which covenant shall
incorporate the provisions for annexation or discontinuance as set out
in Paragraph 5 above, and thus make any discontinuance of service a
strictly voluntary decision on the part of the property owner or
any subsequent property owner; that the Town of Algoma Sanitary District
�l and the City of Oshkosh shall also be parties to this covenant;
that should all parties not be signatories to such covenant, then
the Town of Algoma will not have the right to service the areas in
question.
7. That the Town o£ Algoma is already servicing parcels of
property within the City of Oshkosh Service Area, such parcels beinq
known as the Dioon Homestead and the Barton Platt that these are
excluded from this biemorandum Agreement and are hereina£ter to be
cons�rued as part oP the original Town of Algoma Sanitary District #1.
However, it is specifically agreed that all further extensions into the
City of Oshkosh Service Area by the Town of Algoma Sanitary District r1 -
will be governed by this Memorandtun o£ Understandinq.
ILS WITNESS WHEREQF, we have hereunto set our hands and seals on
the day of
In the presence of:
f
APPRdVED AS TO FOF2M:
John W. Pence, City Attorney
1978.
CITY OF O5HKOSH
By:
ti�illiam D. Frueh, City Manager
By:
Converse C. Marks, City Clerk
TOWN OF ALGOPiA SANITARY DISTRICT $1
By:
Bernard M. Miller, Commissioner
By:
Hubert A. P4arohn, Commissioner
By:
Eugene J. Krumenauer, Commissioner
AZ'PROV�D AS TO FORM:
CURTIS, MacKENZIE & HAASE, S.C.
BY=
Robert A. Haase
Attorney for Town of Algona
Sanitary District #1
EXHIBIT A
Commencing at the intersection of the centerline of United
States Highway 41 with the south shore of Lake Butte de Morts;
thence southerly along the centerline of said highway to its
intersection with the north line of the south one-half of the
SE 1/4 of the SE 1/4, Section 16, Township 18 North, Range 16
East extended; thence westerly along the north line of the
south one-half of the SE 1/4, Section 16, Tocanship 18 North,
Range 16 East to the west line of the SE 1/4 of the SE 1/4
Section 16, Township 18 North, Range 16 East; thence southerly
along the west line of the SB 1/4 of the SE 1/4, Section 16,
Township 18 North, Range 16 East to the south line of Sec-
tion 16, Township 18 North, Range 16 East; thence west to the
SW corner of the SE 1/4 of the SW 1/4 of Section 16, Town-
ship 18 North, Range 16 East; thence southerly along the
east line of the west one-half of the NW 1/4 and the west
one-half of the SW 1/4, Section 21, Township 18 North, Range 16
East to a point 200 feet south of the south right-of-way line
of County Trunk Highway "E"; thence westerly along a line parallel
to the south right-of-way line of County Trunk Highway "E" to
the east line of Section 20, Township 18 North, Range 16 East;
thence south to the NE corner of the SE 1/4 of the SE 1/4 of
SPCtion 20, Township 18 North, Range 16 East; thence west to
the east line of Clairville Road.
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