HomeMy WebLinkAboutRelease of Utility Rights In Discontinued Right of WayDocument Number
12-t75l
RELEASE OF UTILITY RIGHTS
IN DISCONTINUED RIGHT OF WAY
Document Title
The CITY OF OSHKOSH, 215 Church Avenue, Oshkosh, Wisconsin 54901,
Wisconsin municipal corporation (CITY).
1. The Oshkosh Common Council approved a Resolution on November
17, 1941, which had the intended purpose and effect of vacating that
part of Hancock Street east of Pine Street to Jay Street.
2. The Resolution passed on November 17, 1941, included a provision in
the street vacation which stated that the City of Oshkosh "reserves a
perpetual easement in and upon the vacated portion of said street for
the purpose of maintaining therein, repairing, and replacing all water
mains and any other underground structure now in that portion of said
street."
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RECORDEDREGISTER'S OFFICE
ON
08/04/2017
RECORDING FEE 30.00
Recording Area PES:
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Name and Return Address Q����y�j
City Attorney's Office � �{r
PO Box 1130
Oshkosh, WI 54903-1130
90102410000,90102360000
3. A copy of the November 17, 1941 Resolution is attached and Parcel Identification Number (PIN)
incorporated herein as Exhibit A. The Resolution was filed with the
land records of the Winnebago County Register of Deeds on September 41, 1959 as Document Number
269355.
4. The City of Oshkosh previously operated and maintained significant public utilities in and throughout the
vacated Hancock Street Right of Way, but now only operates and maintains public utilities crossing a part of
said vacated right-of-way, for which new easements will be granted by the owner through separate
documents.
5. Due to the property owner's agreement to enter into separate easement agreements to address the City's
use(s) of the vacated right-of-way, the City agrees to release all right, title, and interest in its statutorily
created easement in that part of Hancock Street that has previously been vacated. A copy of a map showing
the discontinued right of way / utility easement area is attached as Exhibit B and incorporated into this
agreement. This Release does not affect any other easement, property right, or encumbrance. The property
affected is described as follows:
Hancock Street right of way, from its intersection with the Pine Street right of
way easterly to its intersection with the Jay Street right of way, in the Western
Addition to Oshkosh, 1St Ward, City of Oshkosh, Winnebago County,
Wisconsin.
By:
Pamela R. Ubrig, City lerk
CITY OF OSHKOSH
By:—
Mark . Rohloff, City Manager
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this — day of
Ubrig of the City of Oshkosh, to me known to be su
same, for the purpose herein contained.
My
Drafted by:
David J. Praska, Deputy City Attorney
Oshkosh, Wisconsin
_, 2017, the above named Mark A. Rohloff and Pamela R.
who executed the forming instrument and acknowledged the
�,• RESOLUTION
f
WHEREAS, petitions heretofore have been filed with the
City Clerk of the City of Oshkosh for vacating Hancock Street from
its intersection with Pine Street to its intersection with Jay
Street; and
WHEREAS, such petitions have been referred to the City
Engineer and the Board of Public Works for their reports and they
have indicated to the Common Council that such petitions were sign-
ed correctly as required by statute; and
WHEREAS, notices were published and posted cif a public
hearing to be held November 17, 1941 in the Council chamber of the
City Hall in the City of Oshkosh to consider said petitions, such
publishing and posting being in accordance with law; and
WHEREAS, such notices were published October 23, October 30, • •".
and November'6 in the official city newspaper and were posted at
the north west corner of Jackson Drive and Marion Street, at the
City Hall, at the east corner of Pine and Hancock Streets, and at
the north corner of Wisconsin Avenue and Hancock Street; and
WHEREAS, said petitions also were referred to the Planning
Commission which has reported to the Common Council that it recom-
mends the granting of said petitions; and
WHEREAS, upon presentation of all the evidence and argument
at such meeting, the Common Council deems it advisable to vacate the
above-described portion of Hancock Street in accordance with said
petitions fo- the best interests of the City of Oshkosh;
NO14, THEREFORE, BE IT RESOLVED by the Common Council of
the City of Oshkosh that it is for the best interests of the city to
vacate Hancock Street from its intersection with Pine Street to its
intersection with Jay Street, and such street hereby is declared to
be vacated, and is vacated, and all of it'as herein described is in
the First (1st) Ward of the City of Oshkoh; and Exh) h�L--�-! i
3
�:. BE IT FURTHER RESOLVED that the city of Oshkosh reserves
a perpetual easement in and upon the vacated portion of said street
for the,:purpQse of maintaining therein, repairing, and replacing all
water rgai.ns And any other underground structures now in that portion
of said street.
Dated this seventeenth (17th) day of November, 1941.
SUBMITTED BY:
(Signed)_, Otto Stoe�bauer
ALDERMAN
Exhibit P oF-3
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