HomeMy WebLinkAbout27524 / 75-25r
ppR 3 1975
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R 25 RESOLUTION
BE IT RESOLVED by the Common Council of the City of Oshkosh
that the proper City o£ficials are hereny authoriaed and directed
to acquire an appropriate easemenc for the construction and
maintenance of storm sewer in the £ollowing described property:
1. Construction Easement.
A strip of land 66' wide with 33' on either side of the
following described centerline:
Commencing at the northwest corner of the northeast 1/4
of the northeast 1/4 0£ Section 2, Town 17 Nurth, Range
16 East, thence south 1° 29" west, along the west line
of said north-east 1/4 of northeast 1/9, 116.fi.0' to the
place of beginning, thence easterly parallel with the
north line of said no=theast 1/4 of northeast 1/4
797.0', all in the Town of Nekimi, Winnebago County,
Wisconsin, and containing 1.20 acres more or less.
2. Permanent Easement.
A etrip o£ land 2Q' wid_ with 10' on either side of the
following described centerline:
Commencing at the northwest corner of the northeast 1/4
of northeast 1/4 of Section 2, Town 17 North, Range 16
East, thence south 1° 29" west, along the west line of
said .ortheast 1/4 cf r.ortheast 1/4 1186.5' to th�
place of beginning, thence easterly parallel with the
north line of said northeast 1/9 of northeast 1/4 797',
all in the Town of Nekimi, Winnebago County, Wisconsin,
and containing 0.37 acres more or less.
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�, � � � CITY OF OSHKOSH �'"
� ��Oshkosh, Wisconsin 54901 �a-��
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E A S E M E N T
TNIS INDENTURe, made this 15th day of bfay, 1975, by and
between LENA MARKSi�IAN, GOTTFRIED NUSSBAUMER, FRIEDA NOSSBAGMER,
CATHERINE GEHIL'LE, MAY ROSE NUSSBAO�R, RICHARD KLEINSCHMIDT, ROGER
KLEINSCFIMIDT, GEORGE KLEINSCHb1IDT, PHYLLIS FOLSF:E, AND GLADYS
JANKOLPSKI, hereinafter referred to as Grantors, and the CITY OF
OSHKOSH, a municipal corporation located in Winnebago County,
S9isconsin, hereinafter re£erred to as "Grantee",
WITNESSETH:
IN CONSIDERATION of the sum of One Dollar ($1.00) and other
good and valuable consideration paid by Grantee, the receipt of
which is hereby acknowledged, the Grantors do 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 puxpose of constructing, maintaining, repairing
and operating thereon a storm sewer, over and through and upon that
certain tract of land situated in the Town of Nekimi, *,Jinnebago
County, State of Wisconsin, and described as follows:
CONSTRUCTION EASE:IENT:
I� strip of land sixty-six (66) feet wide with thirty-thrne
(33) fAet on either side of the following describzd
centerline:
Cor,vnencing at the northwest corner of the northeast 1/4
of the northeast 1/4 of Section 2, Township 17 L7orth,
Range 16 East, thence south 1° 29" �aest, along the �qest
line of said northeast 1/4 of the northeast 1/4, one-
thousand one hundred sixty-six (1,166.0) feet to the
place of beginning, thence easterly parallel with the
north line of said northeast 1/4 of the northeast 1/4
seven hundred ninety-seven (797.0) feet, and containing
1.20 acres more or less.
PERPAANENT EASEMENT:
A strip of land t�aenty� (20) £eet wide with ten (10)
feet on either 5ide of the ToilOWing tieSCTiiDed
centerline:
Commencing at the northwest corner of the northeast 1/4
of the northeast 1/4 of,Section 2, Township ll North,
Range 16 East, thence south 1° 29" west, along the west
(continued)
line of said northeast 1/4 of the northeast 1/4, one-
thousand one�hundred eight-six and five-tenths (1,156.5)
feet to the place of beginning, thence easterly parallel
with the north�line of said northeast 1/4 of the north
east 1/4 seven hundred ninety-seven (797,0) feet,�and
containing 0.37 acres more or less.
Upon exercising any o£ the rights herein granted, Grantee
sha11 cause the property, soil and grass to be repaired and replaced
in a condition similar to its condition immediately prior thereto
and Grantee obligates itself to pay to Grantors, their successors
and assigns, all actual damages caused by reason of the installation,
operation, repair or removal of said stoxrx�sewer and the installation
and construction of a subsequent storm sewer through said property.
IT IS FIIRTHER MUTUALLY AGREED that no building, tree or
other substantial or permanent structure shall be placed upon said
property by the Grantors-.
The Grantee hereby releases the Grantors from a11 debts,
claims, denands, damages, actions and causes of action whatsoever
which may result from said easement heretofore granted by Grantors
and further agrees to hold the Grantors free and harmless from anv
clain for damages which may be made by reason of danages or injury
to persons or property connected therewith.
IV S4ITNE55 WHEREOF, said Grantors have hereunto set their
hands and seals the day and year first written above.
In the presence o£:
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GOT'PF'i3TED NUSSBAUi4ER�
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FRIEDA NUSSBAIIN�R
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CATHERINE GEHRKE
.�' !`c^� C' y� �,r ti
P1AY A SE NUSS AUPIER `"�
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RICHARD KLEI CHi11IDT
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ROGER KLEINSCfiMIDT
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GEORGE KLEINSCHMIDT
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�— GLADYS ANEGOWSKI
STATE OF WISCONSIN)
) ss.
SPINNEBAGO COUNTYJ
Personally came be£ore me this ��day of Mal, 1975, the
above named PHYLLIS FOLSKE �
to me knocan to be the p�rso. s.
who executed the £oregoing instrum4nt a� acknowledge ame. �� �.
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�'�'� � '" �-�,�.,„ ,� ..J, y� /��
O A Y�fiBLZC ' a�y L. Rasmussen �
Nlinneb o County,�5tate of taisconsin
My commission ep^�ires Mav�'2.�, ;1976.
THIS INSTRUPIENT DRAFTED � �
- continued -
BY JOHN {Q. PENCE, ATTORNEY.
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. �- ,_
STATE OF 44ISCONSIN)
) ss.
WINNEDAGO COUNTY)
Personally came before me this 12th day of May, 1975, the
above named FRIEDA NUSSBAOMER, RICHARD KLEINSCHMIDT, CATHERINE
GEHRKE, GEORGE KLEINSCHMIDT, and ROGER C. KLEINSCHMIDT, to me known
to be the persons who executed the foregoing instrument and,"°'��� �
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acknowledged same. :��`�'���'�����'
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HELEN ANN PIERCE - Notzzy Plzblic �
Winnebago County, Wiscon,;'vn�
My commission expires July�;23, 1978.
i.,`
STATE OF WISCONSIN)
) ss.
WINNEBAGO COUNTY)
Personally cazne before me this 14th day of May, 1975,
the above named i�lAY ROSE NUSS➢AUMER, LENA [9ARKSb1HN a/k/a THERESA
P. MARKSMAN, GLADYS JANKOWSKI and GOTTFRIED NUSSBAUi4ER to me known
to be the persons who executed the foregoing instrument and
acknowledged sane.
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fIELEN ANN PIERCE - Nota:y Publlc �
Winnebago County, [aiscnnsin � ��
My commission expires� J�ily 23, 1978.
THIS INSTRUMENT DRAFTED HY
JOIP.J W. Pc^.NCn^, HT1vtuVr;Y.
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