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Home My WebLink About27254 / 74-32iAtdinaox) Cwncil Meeting S 32 RESOLUTION (Resolution) �a.' SE�' ' ` .BE IT RESOLVED by the Common Council of the City of Oshkosh that the 20' temporary easement for storm sewer purposes between Anthony�C. Lueck and Gertrnde M. Lneck over the fol.lowing described property be hereinafter vacated: A 20-foot wide TEMPORARY EASEMENT lying IO £eet on either side of the following described centerline Tor tt,e purpose of constructing a storm water drainage ditch: Commencing at a point located 324.75' west of the east line o£ Section 28-18-16 and 500 feet north of the south line of the NE 1/4 of the NE 1/4, Section 29-18-16, Town of Algoma, Winnebago County, Wisconsin, being the place o£ beginning; thence North 79° 37' 24" East to the westerly right-of-way line of South Washkaurn Street. � RE IT FURTHER RESOLVED that the proper Ci.ty offi.cials are hereby authorized and directed to accegt a 20 foot wide permanent easement £rom Anthony C. Lueck oves the following described property: A 20-foot wide permanent easement in the NE 1/4 of the NE 1/4, Section 26-T18N-R16E, Town of Algoma, Winnebago County, Wisconsin, lying ten (10) £eet on either side of the following described centerline: Beginning at a point located 324.75 feet west of the east line of Section 26-18-16 and 500 feet north of the south line of the�NE 1/4 of the NE 1/4, Section 28-7.8•-16, thence north oara].lel with the =ast line o£ sai.3 S?r_tl��n ?s-1g-16 50 feet to a poir.t that is 772.5 feat south of the North line of said Section 28-18-16, thence due east 183 feet to the westerly right-of-way line of U. S. Highway 41 Frontage Road. - 40 - dPPROYED .._._.. . . . _ _._--..._.�� «� _ _,..._ . ,� ._ E A S E M E N T THIS INDENTURE, made this 20th day of September, 1974, by ANTHONY C. LUECK and GE4TRUDE M. LUECK, his wife, of 1832 Simpson Street, Oshkosh, Wisconsin, hereinafter referred to as "Grantors", and the CITY OF OSHKOSH, a municipal corporation located in Winnebago County� Wisconsin� hereinafter referred to as "Grantee", WITNESSETH: IN CONSIDERATION of the sunt of One Dollar �($1.00) and othex 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 hereina£ter described including the right to enter upon said land £or the purpose o£ constructing, maintaining, repairing and operating thereon a storm sewer, over and through�and upon that certain tract of land situated in the Town of Algoma� Winnebago County, Wisconsin, and described as follows: � A twenty (20) £oot wide PERMI�NENT EASEMENT lying ten (10) feet on either side o£ the following centerline for the purpose of constructing a storm sewer and/or a storm water drainage ditch: Co�encing at a point located three-hundred twenty-four and seventy-five hundredths (324.75) feet west of the east line of Section 28-18-16 and two-hundred eighty (280) feet north of the south line of the NE 1/4 of the NE 1/4, Section 28-18-16, Town of Algoma, Winnebago County, Wisconsin, being the place of beginning; thence north parallel with the east line o£ Section 28-18-16, two hundred thirty (230) £eet.. ALSO, a twenty (20) foot wide PERMIV'VENT EASEMENT for stotm sewer purposes in the NE 1/4 of the NE•1/�i of Section 28-18-16, Town of Algoma, Winnebago County, Wisconsin, lying ten (10) feet on either side of the following described centerline: Beginning at a point located 324.75 £eet west of the east line of Section 28-18-16 and five hundred (500) feet north of the south line o£ the NE 1/4 of the NE 1/4 of Section 28-18-16; thence north parallel with the east line� o£ said Section 26-18-16, fifty (50) feet to a point that is seven- hundred seventy-two and £ive-tenths (772.5J £eet south of the north line o£ said Section 28-18-16, thence due east one hundred eighty-three�(183) £eet to the westerly right-of- way line o£ U�. S. Highway 41 Frontage xoad. _.�.._...,. ,.-�-,-...�.' - -.._._..�_._. - ,�'^.�'-?!�tR.r .., ... .. _ -..- �... -, F..� .- -..,,,..._ ,. _..-_...,,, -�-n ..�.-�+...�. x_ss.• t e `: .,f:r ' s I:: _ . " - s:. , x �: � ;G�! �"°� '� ,�, �``a`-.,,:y 1 a ' 4 ; "t , � � �. . . . . . . - � . . . .. � . . � . � � . �� -�,-.- .__. � upon exercising any o£ the riohts herein granted, Grantee shall 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 o£ said storm sewer or the installation of a subsequent storm�sewer throuqh said property. IT IS FURTHER MUTUALLY AGREED that no building, tree or other substantial or permanent structure shall be placed upon said property by the Grantor except certain trees that have been approved as�to placement and type by the City Engineer. The Grantee hereby releases the Grantors from all debts� . claims, demands, damages, actions and causes o£ action whatsoever which may result from said easement heretofore granted by Grantors and further agrees to hold Grantors free and harmless from any claim for damages which may be made by.reason o£ damages or injury to persons or property connected therewith.� Grantee herein agrees to enclose in pipe the storm drainage which is the �subject matter o£ this easement within one year o£ notice to do so by Grantors.� If Grantee fails to enclose said storm water drainage �as herein provided, then this easement shall terminate.� IN WITNESS WHEREOE, said Grantors have hereunto set their hands and seals the day and year first above written. in the presence bf: !/1�a27-� Ci �✓L,C.F�r� NTHONY C LUE . . . . . . . . . . . . � . . . . . � . ��-P�� 7Q,�� GERTRUDE M. L J�ECR' `� STATE OF WISCONSIN). WINNEBAGO COUNTY) ss. . Personally came before me this .'2d.�7"day o£ September, 1974, the above named ANTHONY C. LUECK and GERTRUDF. M. LUECR, his wife, to me known to be �the persons�who executed the foregoing instrument and acknowledged same. �/'O� g� �`_G .,�--... Winnebago County, My commission �1�.r� THIS INSTRUMENT DRAFTED BY "� � 01" JOHN W. PENCE� ATTORNEY. � :i'7:��bjpN � N' _ 2 _ '..m:. .' /t .L'3 E-�';-,, . .Zn : -.v . . .__. ..._. _ .. HS � 4�` . ._. _ .._. . ._... _.. ��? ' .EY* 1 _ A;`§itt,: . . � . 4. � 1 a '" y, �r . t , � 1�.' '�. +� ��Cf� �r�. ,� . �� _. h :. >..^:��- b� .5� . �� h.�•_. �-�........1:�.:�..[t.v t ..�,_: "P.::;i �._�.#1':"¢::!.... �W.U?�4+s�. �il� I _ � . , . �A' ' "` rC -3; � . 3 T �. Tli �'"�uyiSY . .. � . .. �_ ., s_.. �� . �e v:.e�� C. . ��, 1 , �, e+a•+r�...: . nj -..: : °'�+�.� _. RELEASE OF EASEMENT THIS INDENTURE� made this 20th day of September, 1974 by and between ANTHONY C. LUECK and GERTRUDE M. LUECF:, his wife, parties of the first part, and CITY OF OSHKOSH, a municipal corporation located in Winnebago County, Wisconsin, party of the second part, WITNESSETH: WHEREAS, the party of the second part did previously obtain an easement from parties o£ the first part�for opexating thereon a storm sewer, over and through and upon the £ollowing described property in the Town of Algoma, Winnebago County, Wisconsin: A twenty (20) foot wide PERMANENT EASEMENT lying ten (10) feet on either side of the following centerline £or the purpose of constructing a storm sewer and/or a storm water drainage ditch: Commencing at a point located three hundred twenty-four and seventy-five hundredths (324.75) feet west of the east line of Section 28-18-16 and two- hundred eighty (280) £eet north of the south line o£ the NE 1/4 of the NE 1/4, Section 28-16-16, Town oi Algoma, Winnebago County, P7isconsin., being the place of beginning; thence north parallel with the east line o£ Section 28-18-16, two-hundred thirty (230) feet. ALSO, a twenty (20) foot wide TEMPORARY EASEMENT lying ten �(10) feet on either side of the following described center- line for the purpose of constructing a storm water drainage ditch: Commencing at a point located three-hundred twenty- four and seventy-five hundredths (324.75) feet west of the east line o£ Section 28-18-16 and five hundred (500) £eet north of the south line of the NE 1/4 0£ the NE 1/4, Section 28-18-16, Town of Algoma, Winnebago County, Wisconsin, being the place of beginning; thence North seventy-nine degrees (79°) thirty-seven minutes (37') twenty-four seconds (2A") East to the westerly right-of-way line of South LVashSurn Street. WHEREAS, said easement dated April 16, 1973 was recorded in the Winnebago County Registry on the 20th day of April, 1973 at 8:24 a.m. as�DOCUment No. 434555, and WHEREAS, it is desired to release said easement, and WHEREAS, the Common Council o£ the City o£ Oshkosh bn the 19th day o£ September, 1974 authorized and directed the release of same, ._ �_....:.,,.,,A.._._-a.�,:,.-,.,-...�...w......-.�., _ ...._._�__�,.�.,_,.. �..�..,-�_____.,.,�,_,..,.,,,.�. ._._.-.,-._,-... �...s�-�� Y` .. �L.S.. '_ . . . .. . . . ] , .. _ ... _ e . WHEREAS, the present owners of the property wish to grant a new easement to the City of Oshkosh, NOW, THEREFORE, the CITY OF OSHKOSH, a municipal corporation, does hereby release and�£orever puit Claim to parties of the £irst part, their heirs and assigns, all the �said rights in the easement heretofore described. IN WITNESS WHEREOF, this agreement is signed and sealed the day and year first�stated above. In the presence o,f: � CITY OF OSHKOSA - A Municipal Corporation �G� � � '� � ' �` ! `z v.,., x.rr , ��' . HY � � � G ON B. J R, it anager . . . . . . . . . . � . . � B :. . . /�LhdA,l//J (��//� li CO ERSE C.� Q�i� er� k THIS INSTRUMENT DRAFTED BY JOHN W. PENCE� ATTORNEY. . . �/ /I-1/%/�-i' .i� � ti �' X �wy. �. . . . AN'�Q`H�ONY C. L��C"R - /�LD9�� .�Cn� '!/.- i� n.C-C/�G -. . . . . . GERTRUDE M. LUECK ' STATE OF WISCONSIN) ss WINNEBAGO COUNTY) Subscri.bed and s�itorn to before me this 20th day o��S 1974, the above named GORDON B. JAEGER and CONyERSE C._ MARRSR� Manager and City Clerk respectively for the City of OSI1cRStiy'�t known to be the persons who executed and acknowledge t�PDi'e� instrument. / /J . O - . -�'_ L� , 1 // ..2,.,;n,. +_ Winnebago County, SVis� My commission expires� STATE OF WISCONSIN) ss. WINNEBAGO COUNTY) Subscribed and sworn to before me this 20 1974, the above named ANTHONY C. LUECP. and GERTRUDE me to be the persons who executed the f rego'^ng ins same. _ Z _ My conmis r ` °s�: '.. _ �e��., � . CL��!t o��he.'�..' L� t V1�gU-�';;,: �� , i �.`� ::��. i c ' ;o P —' �` .�3,.•1978. ep�e�mber, knd� t to F.vw :.., �-� ; ��, �. � � �,� � �� . � � - � . .. ^ .,."� ��@��:� .o �y3'' �y-5.: . . _ . .. y� : � . . . .....�.:.:� . � .cc`,✓ >cv ., ...,,::, t a,..:�tii, .a>....z c„ y1.�it-.wk::-�:.�a,,.3a.a.:e., >,3 �...� . . . .:�a.,r✓c6. . cµr '�O �C �ct n � � N � �� '! r+ �� 0 Ct Fi 7 n ,r� � 0 Hro N� � G � v ;a:. � �� m w m Cf Ul N £ tU O N N C � � � ct H y O � R � �* o o w o � ro o N � a�� fp '.S N y tY O ct - a�� g tf C N o G 7 '9 N c' W O '! � � Ia � a N