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Home My WebLink AboutDOT,Railroads & Harbors Section, Agreement #4994-11-71`Z q53 NOTICE OF LIEN The Wisconsin Department of Transportation, Railroads and Harbors Section, under the terms, provisions and conditions of the Transportation Economic Assistance for Railroad Construction (TEA - Rail) Agreement No. 4994-11-71, dated the 13th day of July, 2017, retains a first priority lien on any material purchased in whole or in part with the proceeds of the Agreement beginning with its acceptance of delivery and continuing for the duration of its placement on City of Oshkosh ("Industry") land described as follows: PROPERTY DESCRIPTION: (Facilities to be constructed with loan or grant funds). 2,905.5 feet of railroad spur trackage ("Improved Property") located as shown on Exhibit A attached hereto and hereby made a part hereof. This notice of lien shall be recorded in the Office of the Winnebago County Register of Deeds and the Wisconsin Department of Financial Institutions. Said notice shall be removed from the record only upon written waiver of lien by Wisconsin Department of Transportation, Railroads and Harbors Section. Wisconsin Department of Transportation, Railroads and Harbors Section shall request removal of lien within five days after the expiration of the Agreement. I illl�llll�lillllll'II!IVI REGISTER'S OFFICE WINNEBAGO COUNTY, W1 RECORDED O 08/03/2017 ;x:23 RI's NATALIE STROHMEYER REGISTER OF DEEDS RECORDING FEE 30.00 PAGES: N. RETURN TO: C14 � Except for this lien, the City of Oshkosh Winnebago County,_o4 y, A ' Wisconsin, shall not directly or indirectly create, incur, assume, or p&„ .0"c 030 suffer to exist any mortgage, pledge, lien, charge, encumbrance, or��i�,.t(° other security interest or claim on or with respect to the improved property or any interest therein not in existence on July 13, 2017. The City of Oshkosh, Winnebago County, Wisconsin, shall promptly require Industry to take such action as may be necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance, security interest or claim against Improved Property not placed by the City of Oshkosh, Wisconsin, if the same shall arise at any time. Sale of the Improved Property or Industry Land, or both, without written approval of Wisconsin Department of Transportation, Railroads and Harbors Section shall, at the option of Wisconsin Department of Transportation, Railroads and Harbors Section, require the City of Oshkosh, Winnebago County, Wisconsin, to immediately repay to Wisconsin Department of Transportation, Railroads and Harbors Section, the full grant amount. Dated this day of ��, 2017. . appli t) MarkA `R�to ,City ManagerDavid M. Simon, Director (,; w_.. . Bureau of Transit, Local Roads, Railroads & Harbors M'Division of Transportation Investment Management Pamela R.rig, City Cler ' Wisconsin Department of Transportation STATE OF WISCONSIN COUNTY OF DANE ) Personally came before me this, UZO*ay of , 2017, David M. Simon, Director, Bureau of Transit, Local Roads, Railroads and Harbo�ivision, of Transportation Investment Management, Wisconsin Department of Transportation, to me known to be the person who executed the foregoing instrument and to me known to be the Director, Bureau of Transit, Local Roads, Railroads and Harbors, Division of Transportation Investment Management, Wisconsin Department of Transportation and acknowledged that he executed the foregoing instrument as such officer of he Wisconsin Department of Transportation, by its authority. Yrl In witness whereof, I thereto set my hand and official seal. .`A4'gn � 1z' C9 Notary Public Tom .. , % My Commission does not expire/expires: 7 / l /�f STATE OF WISCONSIN COUNTY OF ��i 1V1Y1 Personally came before me this day of - ' k 2017, (person's name, applicant, county) uFAY, to me known to be the person who executed the%oregog instrument and to me known to be the m �� (t�n(tP� Q�`�1 (1{��..,(title, applicant, county) , and acknowledged that he �h execu ed the foregoing instrument as such officer of the �S(applicant, county) IAVti 1 X� County by its authority. c i�idr fi 4 5 Notary Public. My Commission does not expire/expires: --16 "1 This instrument drafted by: Wisconsin Dept. of Transportation. Exhibit A - Page 1 of 2 PARENT PARCELS OF RAILROAD TRANSYARD FACILITY LEGAL DESCRIPTION TAX PARCELS 13-3403-00-00 AND 13-3414-00-00 BEING ALL OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 6090 LOCATED IN THE SOUTHWEST % OF THE NORTHEAST ''/a AND THE NORTHWEST ''/a OF THE SOUTHEAST ''/a AND PART OF THE NORTHEAST ''/a OF THE SOUTHWEST % OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE N00°56'58"E, (RECORDED AS N00°57'58"E) 850.00 FEET ALONG THE EAST LINE OF THE OF THE NORTHWEST % OF SAID SECTION 32, ALSO BEING THE WEST LINE OF CERTIFIED SURVEY MAP NUMBER 6090 RECORDED AS DOCUMENT NUMBER 1436328 IN VOLUME 1 PAGE 6090, WINNEBAGO COUNTY REGISTER OF DEEDS TO THE NORTH WEST CORNER OF SAID CERTIFIED SURVEY MAP NUMBER 6090; THENCE S16°27'14"E, 250.03 FEET (RECORDED AS S°29'29"E, 250.00 FEET) ALONG A NORTHEASTERLY LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6090; THENCE S00°55'57"W, 611.16 FEET (RECORDED AS S00°57'58"W, 611.10 FEET) ALONG AN EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6090; THENCE S89022'03"E, 690.06 FEET (RECORDED AS S89°21'03"E, 689.94 FEET) ALONG A NORTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6090 TO THE NORTHEAST CORNER OF SAID CERTIFIED SURVEY MAP NUMBER 6090; THENCE S00°38'41"W, 555.69 FEET (RECORDED AS S00°39'39"W, 555.74 FEET) ALONG THE EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6090 TO THE SOUTHEAST CORNER OF SAID CERTIFIED SURVEY MAP NUMBER 6090, ALSO BEING A POINT ON THE NORTH LINE OF THE WISCONSIN SOUTHERN RAILROAD RIGHT-OF-WAY; THENCE S59°34'38"W, 900.20 FEET (RECORDED AS S59°36'05"W, 900.05 FEET) ALONG THE NORTH LINE OF SAID RAILROAD RIGHT-OF-WAY TO A POINT ON THE EAST LINE OF THE SOUTHWEST ''/a OF SAID SECTION 32; THENCE S59°3527"W, 602.08 FEET ALONG THE NORTH LINE OF SAID RAILROAD RIGHT-OF-WAY TO A POINT ON THE SOUTH LINE OF THE NORTHEAST Y40 F THE SOUTHWEST'/ OF SAID SECTION 32; THENCE N89°18'26"W, 831.15 FEET ALONG SAID NORTH LINE TO THE SOUTHWEST CORNER OF THE NORTHEAST % OF THE SOUTHWEST % OF SECTION 32; THENCE N00°31'19"E, 1,325.79 FEET ALONG THE WEST LINE OF SAID NORTHEAST % OF THE SOUTHWEST % OF SECTION 32 TO THE NORTHWEST CORNER OF SAID NORTHEAST % OF THE SW % OF SECTION 32; THENCE S89°28'02"E, 1356.10 FEET ALONG THE NORTH LINE OF SAID NORTHEAST % OF THE SOUTHWEST % OF SECTION 32 TO THE POINT OF BEGINNING; SAID AREA CONTAINS 2,372,055 SQUARE FEET OR 54.455 ACRES, MORE OR LESS. Exhibit A -Page 2 of 2 N W 5144 I o m A V 7 +S3B wi UrOVCr fNbolllA'F/L7N: _ -I i:L4V. df p=�YIYT=CSN: S S 4i '+� l j ti IJ [i. Oii'1'E: li•: Ue: ��CnIYTINN: r'� o.