HomeMy WebLinkAbout27544 / 75-19# 19 RESOLUTION
�PR 1 7 1975
UNANIMOUSLY APPROVED HY PLAN COMMISSION 7-0
BE IT RESOLVED by the Co�no_r, Council o£ the City of Oshkosh
that the proper City officials are hereby authorized and directed
to execute an easement to Wisconsin Public Service Corporation
f.cr the following described property in Riverside Park:
Part of Lots 6, 7, 6, 9, and 16 0£ Block 16; and part of Lots
l, 2, 3, 4, 5, 6, 7, and 8 of Hlock 17, all in L.M. Miller's
Fixst Addition in the 8th [aard per Leach's Map of 1894; and
part of Lots l, 2, 3, and 4 of Moo-.e's and Bock's Subdivision
in the 8th Ward in the City of Osh;cosh.
Coimnencing at a point on the westerly line of North Main Street,
said point being approximately 4.0 feet Northerly frmn the South-
easterly corner of Lot 9 of Moore's Subdivision of Lot 1 and 2
as per Leach'� D1ap o£ 1894; thence South 77°19' Ezet approxi-
mately 80 feet to a point on the Easterly line of North Main .
Street, the point of beginning; thence continuing South 77°19'
East approximately 148 feet; thence South 42°07'34" East
approximately 22 £eet to a point on the Westerly line of State
Street, said point begin approximately 290 feet Southerly from �
the centerline of Ceane Avenue as measured along the F?est line �
of State ctreet; continuing thence Sovth 92°07'34" East
approximately 332 £eet; thence South 56°47'34" East approxi-
mately 2A5 feet to a point on the c°nterline of Court Street,
said point being approximately 545 feet Southerly o£ the
ca..tcrline of Caape Aventie ac measvred alcng the centerline
of Court Streat.
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TRANSMISSION LINE EASEMENT
kfiereas, the CITY OF OSHKOSA, hereinafter called the "Grantor", is the
.owner of the following described real propexty located in the City of Oshkoah,
County of Winnebago, State of Wisconsin:
(RECORD RE: THIS PROPERTY)
Part of Lots 6, 7, 8, 9, and 16 of Block 16; and par[ of Lots
1, 2, 3, 4,� 5, 6, 7, and 8 of Block 17, all in L. M. Miller's
First Addition in the 8th Ward pex Leach's Map of 1894; and -
part of Lo[s 1, 2, 3, and 4 of Moore and Bock's Subdivision
in the 8[h Ward in the City of Oshkosh.
and,
Whereas, Wieconsin Public Service Corporation, a Wiaconsin corporation,
having its principal office in the City of Green Bay, Brown County, Wisconsin,
hereinafter called [he "Grantee", has conattuc[ed an electric transmisaion line
(consisting of suppor[ing struc[uies, conductoxa, and other wires, counter-
poises, guy wires, bracea and o[her usual appendages and appurxenances) in an
80-foot easement and right-of-way, [he centerline of the transmission line
structures being constructed being descxibed as follows:
Commencing at a point on the Westerly line of North Main Stxeet�
said point being approximately 4.0 feet Northerly from the South-
easterly corner of Lo[ 9 of Moore's Subdivisi.on of LoC 1 and 2
as pez Leach's Map of 1894; thence South 77° 19' East appxoxi-
mately 80 feet to a point on the Eas[er7y Sine of North Main Street,
the Point of Beginning; thence continuing South 77° 19' East
approximately 148 feet; thence South 42° 07' 34" Eaet appxoximately
22 feet to a point on the Westerly line of State S[reet, said
point being approxima[ely 290 feet Southerly from the centerline
of Ceape Avenue as measured along the Weat line of State Street;
continuing thence South 42° 07' 34" East approximately 332 feet;
.thence South 56° 47' 34" East approximately 245 feet to a poin[
on the centerline of Court Street, said point being approxima[ely
545 feet Southerly of the cen[ecline of Ceape Avenue as measured
along the centerline of Court Street.
I[ is the intent of this document to correctly define the location of
'an existrag electric transmission line ae located by the Grantee over pcoperty
I�owned by the Grantor defined above. The existing electric transmission line
�,�is located in its present positron by virtue of easemen[s gxanted by formex
;'owners to the Grantee as recorded in the office of the Register of Deeda for
I�.Winnebago County in Volume 570 of Miscellaneous Remrds, Page 105, Document
1�.152378; Volume 555 of Miscellaneous Records, Page 497, as Document No. 145648�
i�:Volume 555 of Miscellaneous Records, Page 163 as Documen[ 143001; and Volume
(570 of Miscellaneous Records, Page 183, as Document 152965. This documen[
��'.�confirms the validity of�those instruments and does nullify and void that ease-
;ment between the Grantor and Grantee recorded in the office of the Register of
,�'Deeds for Winnebago County on Sune 13, 1973 at 8:12 AM as Document No. 437081.
and,
'�I Whereas, W3swnsin Public Service Corporacion desires to acquire certain
�'.perpetual rights� privileges and easemente for the purpose of construc[ing and
;,maintaining the above mentioned electric transmission line, part or all of
;',mhich may lie within the boundaries of the Grantor's property;
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j�i Now, therefore, the undersigned Grantor does here6y grant to the Grantee,
'�.for and in consideration of the sum of One and 00/100 Dollars ($1.00), receipt
I'of which is hereby acknowledged by [he Grantor, an SO-foot perpe[ual easement
,�.and right-of-way for the erection, maintenance and operation of an electrlc
��'�transmission line (consisting of supportrng structures, conductors, and other
I�wires, counterpoises, guy wires, 6races and other usual appendages and appuc-
'tenances, of such kind as the Grantee, its successors and assigns, may from
t3me [o time determine) for transmitting electric current, the centerline of
�.said easement and righ[-of-way being described above as the centerline of the
!transmission line struc[urea.
Grantor does further gran[ [o the Grantee the following rights and pri-
I��vileges and the parties do further agree as follows:
����, 1. In the even[ the entire easement and right-of-way does not fully lie
Iwithin the Grantor's premises described above, then this easement shall be
Il3miCed in effect to that part of the Gran[or's property affected by the ease-
�'ment and right-of-way.
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2. In the event no part of the tranamission line etxuc[ures and/or wire:
�are located on the Grantor's property but part of the easement and right-of-way
does lie within his propezty, the appropriate righ[s and pxivileges (access,
tree trimming, overhang and maintenance) granted hereunder shall apply.
3. Grantor grants to the Grantee the right to entex upon the easemen[
right-of-way for the purpose of erecting the tranamission line and changing
iring, patrolling, replacing and removing the same and Co do eny and all
r such acts necessary in [he proper ecection, malnCenance, safeguarding and
ation of said line.
Grantor does further grant to the Grantee the right [o go upon the
tor's property outside of the righ[-of-way for the purpose of gaining
ss to the right-of-way in the event direct access to the right-of-way is
possible. Grantee shall notify the Grantor, when possible, befoce going
[he Grantor's property, except in the event of an emergency.
4. Grantor further grants to the Grantee the right from time to time,.
ito control all brush and trees within the easement and right-of-way area by
�icu[ting, tri�ing, chemically treating and/or other means as determined by the
I�,Gzantee and the right from time to time to cut down, trim or remove such trees
j�on said premisea beyond the easement and right-of-way as in [he judgment of [he
;�.Grantee, i[s successora and assigns, may interfere with or endanger said Crena-
�'',mission line in any manner whatsoever.
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�� 5. Grantor, for himself and his succeasors and assigns, agreea that he
'�'�will not construct any improvements, within the easement and right-of-way or
��store any inflammable goods or products or plant trees or change the grade more
�ithan one (1) foot without first securing the prior written consent of the
ilGran[ee. This agreement is to insure [he conformance of the use of the ease-
�.�ment and right-of-way with the Wisconsin Electrical Code regarding clearances
i�',and safety. . � .
� 6. The parties agree and understand that certain parts of this form of
�Ieasement may no[ be appropriate to [he particular c3ccumstances as concerns the
i!Grao[or's property and [hat cer[ain clauses may have been deleted 1n order to
!-''wnform [he form to Che par[icular circumstances and thaC tMs document ia exe-
'cuted in duplicate, the Grantee's copy having been recorded and the Grantox's
';ICOpy having been re[ained by the Gran[or.
7. This agreement sha11 be binding on the partiea hereto and their
heirs, personal representatives, successors and aesigns.
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IN ITITNE55 WHEREOF, the CITY OF OSHROSA has caused this instrument to
be executed by its City Manager and its City Clerk and its corporate seal to
be ateached this day of , 1975.
IN PRESENCE OF:
OF WISCONSIN )
) SS.
�AGO COUNTY )
CITY OF OSHKOSH
By:
Gordon B. Saeger - City Manager
Attest:
Co¢verse C. Marks - City Clerk
AC[INOWLEPGMENT
Peraonally came before me this day of � 1
above named Gordon B. Jaeger, City Manager, and Converse C. Marks, City
k of the City of Oshlcoah, to me knocm to be the persons who executed the
going instrument and acknowledged the same.
Notary Public,� County, WI
My Co�ission Expires:
instrument dcafted by: D. H. Rhode
Wisconsin Public Service Corporation
',�Check No.
".IR No.
���'.Trans. No.
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