HomeMy WebLinkAboutStorm Water Drainage & Access Easement 09-0001 & 09-0001-0100 I I111II IHII
8 5 2 1 9 0
Storm Water Drainage HI II
Tx:4383092
and Access Easement DOC# 1794977
NATALIE STROHMEYER
REGISTER OF DEEDS
Document Number Document Title WINNEBAGO COUNTY, WI
RECORDED ON:
07/30/2019 09:58 AM
THIS Agreement,made this 2(p"-day of '-v%`( ,2019, RECORDING FEE:
By and between THE MORGAN DISTRICT,LLC,a Wisconsin Limited Liability PAGES: 8
Company, Grantor, and CITY OF OSHKOSH (CITY), a Wisconsin Municipal
Corporation and WISCONSIN PUBLIC SERVICE CORPORATION (WPS), a
Wisconsin Corporation,(or,Collectively Grantee). i 3693
Recording Area
1. PURPOSE: Grantor will allow CITY to use the Easement Property for Name and Return Address
its storm water management facilities,including use and maintenance, City Attorney's Office %��
and the construction of new,upgraded,or other necessary facilities P.O.Box 1130 616
across Grantor's Property in a manner that will allow CITY to operate Oshkosh,WI 54903-1130
its selected system as designed. A second purpose of this Easement 90900010000,90900010100
is to allow WPS to use the Easement Property surface to access an Parcel Identification Number (PIN)
adjoining Easement benefitting WPS's electric facilities.
2. EASEMENT: Grantor grants,and Grantees accept,an Easement across Grantor's property as follows:
a. Specific to CITY: A Storm Water Easement with a general width of thirty-four(34)feet,along with a
small,trapezoid-shaped area adjoining the south end of the longer Easement section,over,under,and
through Grantor's Property described in this Easement Agreement. The CITY is allowed to use the
Easement Property for all purposes related to its public storm water management system. It is
anticipated that the storm water management facilities will be primarily underground. However,the
approved design of the facilities may require surface level elements,including manholes,inlets,and
valves. These surface level facilities that are part of the underlying public storm water management
system will also be allowed within the Easement Property. This public storm water management
system Easement is considered by the parties to be limited to those facilities of the CITY of Oshkosh,
and is not intended to be interpreted as allowing the location of other entities considered to be"public
utilities"as defined or described by law.
b. Specific to WPS: An Access Easement with the same description as the CITY's Storm Water
Easement,over and across the surface of the Grantor's Property for the limited purpose of allowing
WPS access its adjacent easement benefitting its electric system and to facilitate construction on the
adjacent electric easement.
c. Priority of Use: The CITY and WPS shall work together in good faith regarding their respective
allowed use of the Easement Property. However,in the event of a conflict between otherwise allowed
uses,the CITY's use of the Easement Property for its storm water management system shall have a
priority over WPS's access to its adjoining electrical easement. Similarly,as it pertains to the small,
trapezoid-shaped area identified as Storm Water Drainage and Electrical Easement,the CITY's use for
its public storm water management system will have priority over other uses.
3. CONSIDERATION: The sum of One and NO/100 dollars($1.00)along with other good and valuable
consideration,the receipt and sufficiency of which is acknowledged. Both parties agree that each is giving
and receiving material benefits exceeding monetary value. The Grantee will benefit from the redevelopment
of Grantor's Property and the improvement of Grantee facilities,and Grantor will benefit from the efficient
operation of Grantee's systems and facilities.
4. GRANTOR'S PROPERTY:This Easement is located within a redevelopment site owned by Grantor
(Grantor's Property). Grantor's Property is a former manufacturing campus and is anticipated to be
redeveloped into residential,commercial,and/or business uses. Grantor's Property is located in the City of
Oshkosh,County of Winnebago,Wisconsin,and more particularly described as:
18
May 17, 2019 1 C
Lot 1 and Outlot 1 of Certified Survey Map 5748 recorded in the Winnebago County
Register of Deeds on July 8,2005 as Document Number 1361929,all part of the
Original Third Ward per Leach's Map of 1894;being part of the SE'/a of Section 23,
Township 18 North,Range 16 East,Ninth Ward.
5. EASEMENT PROPERTY: The Easement Property includes two(2)parts. One part is identified as a Storm
Water Drainage Easement Description. The second part is identified as Storm Water Drainage and
Electrical Easement Description. The Easement Property is located in the City of Oshkosh,Winnebago
County,Wisconsin,and described as follows:
[legal description of Easement Property attached as Exhibit A]
6. LOCATION OF EASEMENT:A map identifying the location of the Easement Property is attached and
incorporated into this Agreement as Exhibit B. The Easement Property includes the areas identified as the
Storm Water Drainage Easement and the Storm Water Drainage&Electrical Easement within Exhibit B.
7. ACCESS RIGHTS:The Grantees shall have the right to access and use the Easement Property for any purpose
related to the terms and conditions described in this Easement Agreement.
8. MAINTENANCE: The CITY shall be responsible for maintaining,repairing,and replacing its public storm water
management systems and facilities installed in the Easement Property. The CITY and WPS shall be responsible for
maintaining and repairing the surface of the Easement Property to the extent that it is disturbed by the Grantee use of
the Easement Property. Grantor is responsible for routine maintenance of the surface,including mowing,landscape
maintenance,snow and ice removal on any parking stalls,drive aisles,and maintenance of any other allowed
improvements Grantor places within the Easement Property. Grantor shall not place snow or ice onto the Easement
Property. Grantor is also responsible for maintenance,repair,and replacement of any allowed improvements,except
to the extent the need for maintenance,repair,or replacement is the result of CITY and/or WPS use of the Easement
Property.The Parties agree to work together to minimize the effects of any maintenance or repairs of the CITY's
public storm water management system and facilities that may disrupt any existing or future use of Grantor's
Property. Except for emergencies,the CITY will provide Grantor with seven(7)calendar days advance notice of any
maintenance or repairs within the Easement Property that would disrupt or interfere with Grantor's use of a drive aisle
or parking space that has been installed within the Easement Property. In the event that the surface of the Easement
Property is damaged during the CITY's maintenance or repair activities,then the CITY shall repair the surface to a
condition substantially similar to the condition before the disruption. When repairing grass,the CITY may grade,
seed,and mulch,and is not required to install sod.
9. INTERFERENCE WITH EASEMENT: Grantor shall not materially interfere with the Grantee use of the Easement
Property,or,except as otherwise approved by the Grantee,install or construct any new or additional structures,
improvements,or landscaping on the Easement Property without the permission of the Grantee. Specifically,Grantor
shall:
a. Prohibited new changes,structures,or improvements include,without limitation,temporary or permanent
building structures,parking areas not otherwise approved through the CITY's zoning process,sheds,change in
elevations,vegetation except grass,landscaping or fences unless otherwise approved in writing by the CITY.
b. Grantor's preliminary plans,as submitted to the CITY include parking stalls,drive aisle,and grass areas within
the Easement Property. ,Grantor may install,maintain,and repair these and other improvements that is approved
by the CITY that are otherwise within the surface area of the Easement Property. An Encroachment Agreement
shall be required for any improvements installed within the Easement Property.
c. Grantor may be allowed to use the Easement Property for private utilities and features with Grantee's approval
and with the understanding that such private utilities and features within the Easement Property are subject to the
Grantee's Easement rights. In the event any private utilities and features interfere with Grantee's use of the
Easement Property,then the interference must be remedied at Grantor's expense. All private utilities within the
Easement Property must be registered and located as part of the Diggers Hotline process.In the event any
private utilities and features interfere with Grantee's use of the Easement Property,then the interference must be
remedied at Grantor's expense.
May 17, 2019 2
d. Grantor shall remove or relocate at its expense any obstruction,whether existing at the time this Agreement is
executed,or at a later date,if the obstruction is something that the Grantor wishes to actively retain. However,
in the event an obstruction is discovered by Grantee that existed as of the date this Agreement is entered into,
and if the Grantor does not wish to actively retain,then Grantee shall be responsible for removal of such
obstruction to the extent necessary to complete its construction or installation.Grantee shall not be subject to
any liability to Grantor for the removal of any obstruction within the Easement Property that existed as of the
date of this Agreement.
10. USE OF EASEMENT BY OTHERS: Grantor and Grantee may temporarily assign Easement Property construction
and maintenance rights identified herein to any contractor,third party,or other person. Assignees must demonstrate
that they have sufficient competence and must give adequate assurances that any work to be performed in or around
the Easement Property shall be conducted in a skillful manner. Assignees must also protect the interests in the
Easement Property to the same extent as if the party was itself performing the construction or maintenance.
11. DEFAULT: If either Grantor or Grantee reasonably believes that the terms of this Easement Agreement have been
breached,then written notification of the alleged breach shall be delivered to the breaching party along with a copy of
the same to any other non-breaching party. Any party in breach shall have thirty(30)days to cure any actual breach
or,if the breach cannot reasonably be cured within the 30-day period,take appropriate steps to materially comply
with the party's obligation to cure. Notwithstanding the foregoing,the CITY is entitled to ensure the continuous
proper functioning of its public storm water management system without waiting thirty(30)days. The CITY may use
its discretion to evaluate any necessary maintenance and/or repairs,or any interference with a permitted use of the
Easement Property,and take any immediate reasonable action without notice to ensure the proper functioning of the
CITY's storm water management system. All costs and expenses incurred under such circumstances due to any
party's breach or negligence shall be reimbursed the party sustaining damage within thirty(30)days of receipt of a
bill for the same.
12. TERM: This Easement is being granted in perpetuity for the purposes described herein without regard of the
Grantee's use of the Easement Property at any particular time. All rights,title and privileges herein granted,
including benefits and burdens,shall run with the land and shall be binding upon and inure to the benefit of the
Grantor and Grantee,their respective heirs,executors,administrators,successors,assigns,and legal representatives.
13. WAIVER: No delay or omission by any party to this Easement Agreement in exercising any right or power arising
out of any default under any of the terms or conditions of this Easement Agreement shall be construed as a waiver of
the right or power. A waiver by a party of any of the obligations of the other party shall not be construed to be a
waiver of any breach of any other terms or conditions of this Easement Agreement.
14. INVALIDITY: If any term or condition of this Easement Agreement,or the application of this Easement Agreement
to any person or circumstance,shall be invalid or unenforceable,then the remainder of this Easement Agreement shall
not be affected and each remaining term and condition shall be valid and enforceable to the fullest extent permitted by
law.
15. NO THIRD PARTY BENEFICIARY: The terms of this Easement Agreement are for the benefit of the Grantor and
Grantee,and their respective heirs,executors,administrators,successors,assigns,and legal representatives. It is not
the intention of either Grantor or Grantee that other parties shall acquire any rights to enforce this Easement
Agreement or to benefit from it including,without limitation,other entities that may be considered as"public
utilities"by law.
16. MUNICIPAL LIABILITY: Nothing in this Easement Agreement is intended as a waiver of the municipality's right
or opportunity to rely upon or use the municipal limitations and immunities contained within Wisconsin law.
Municipal immunities and limitations include,but are not limited to,Sections 345.05,893.80,and 893.83,Wisconsin
Statutes. Such damage limits,caps and immunities are intended to be preserved and applied,and are incorporated
into this agreement and shall govern all disputes regardless of the underlying theory for relief,whether contractual or
otherwise,as they relate to the municipality and its agents,officers,and employees.
17. FORCE MAJEURE: Neither Grantor or Grantee shall be in default under this Easement Agreement if its failure to
perform is caused by any of the following events:act of God;fire;flood;severe storm;power outages;material
shortages or unavailability or other delay in undertaking their responsibilities identified in this Easement Agreement
that do not result from the parties failure to maintain their property or facilities. In order to claim relief under this
May 17, 2019 3
Section,the other party must be notified in writing of the existence of the event relied upon and the expected
cessation or termination of that event. For the duration of any valid Force Majeure event as defined by this Section,
the affected party's performance shall be excused. However,the affected party is still required to take appropriate
means to minimize or remove the event causing Force Majeure and,within the shortest possible time,attempt to
resume performance of the obligation affected by the event of Force Majeure.
18. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the State of
Wisconsin. Venue for any action regarding this Agreement shall be the Winnebago County,Wisconsin,Circuit Court
or,if a federal court action,then the appropriate district and/or branch within which Winnebago County is located.
19. NOTICES: Grantee shall provide reasonable notice prior to entering the Easement Property for any purpose related
to this Easement Agreement. Any notices related to a possible breach of this Easement Agreement shall be in writing
and delivered via certified mail,return receipt requested,as follows. Changes to these addresses shall be in writing.
In addition to formal notification,both parties agree to take reasonable measures to keep the other party informed of
issues or questions regarding the Easement Property.
FOR THE GRANTOR:
The Morgan District,LLC
615 S.Main Street
Oshkosh,WI 54902-6056
FOR THE GRANTEE:
Wisconsin Public Service Corporation
c/o
700 N.Adams Street
Green Bay,WI 54301
And
City of Oshkosh
c/o Director of Public Works
215 Church Avenue
Oshkosh, WI 54902
20. AUTHORITY: The Grantor and Grantee affirm that all approvals for this Easement Agreement necessary according
to its municipal or corporate structure have been obtained and have approved the acceptance of this Easement,and
that the undersigned have the authority to sign this Easement on behalf of the Grantor and Grantee. The undersigned
assert and affirm that they have the authority without limitation to enter into this Easement Agreement on behalf of
the Grantor and Grantee.
[SIGNATURE PAGES FOLLOW]
This instrument drafted by:
Attorney David j . Praska
Oshkosh, WI 54903-1130
May 17, 2019 4
•
GRANT R: T/, MORGAN DISTRICT, LLC
By:
(Pe kr LA0( tY11bef
(print name) T (title)
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this (7 day of rilevi ,2019,the above named?Of r � Lang
to me known to be such person who executed the foregoing instrument and acknowledged the same, for the pulloose herein
contained. A 1 Y /�
Ot
Notary Public,State of Wisco n ni .' 1✓ 'L •ry``
My expires: 9/2(olzl •
Commission P. ; :j
O / ;
•• • .' ' 44.
GRANTEE: CITY OF OSHKOSH
By: W
A..Rohloff,City ager
By":'
' Pamela R;-,Ubrig,City Cler
STATE OP WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this 0113 day of Jul ,2019,the above •u ed Mark A. Rohloff and.Panela R.
Ubrig of the City of Oshkosh,to me known to be such persduk who execute. the for g instrument and acknowledged the .
same,for the purpose herein contained.
'ublic, S o isconsin
My Commission • 'Tres: J k,11
641 3040
• ' OVED AS T FORM::
•T A.Lorenson,tiity Attorney
May 17, 2019 5
GRANTEE: WISCONSIN PUBLIC SERVICE CORPORATION
By: ie.t4tut: .
(signature)
C. LJ S
(print name) (title)
STATE OF WISCONSIN )
ss.
ge,m)fl COUNTY )Personally came before me this 9 day of ,2019,the above named , 7 ekee_IS ,to
me known to be such person who executed the foregoin instrument and acknowledged the same, for the purpose herein
contained.
Notary Public,State of WiscgQs a�
My Commission expires: `�
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May 17, 2019 6
Storm Water Drainage Easement Description
Part of Lot 1 and part of Outlot 1 of Certified Survey Map No. 5748, located in the SE 1/4 of
Section 23, Township 18 North,Range 16 East of the Fourth P.M.,Ninth Ward, City of
Oshkosh, Winnebago County, Wisconsin, and being more particularly described as:
Commencing at the Southeast corner of said Section 23;
thence N01°17'23"W,along the east line of said SE 1/4 of Section 23, a distance of 991.38 feet;
thence S89°40'32"W, a distance of 1245.42 feet across Lot 1 of said Certified Survey Map No.
5748 to the Point of Beginning of this description;
thence continuing S89°40'32"W, a distance of 3.52 feet to a found pipe per Certified Survey
Map No. 5748;
thence continuing S89°40'32"W along a line on the Certified Survey Map No. 5748, a distance
of 31.95 feet;
thence N16°15'26"E, a distance of 330.73 feet;
thence S73°44'34"E, a distance of 11.30 feet to a point on a property line between Lot 1 and
Outlot 1 of Certified Survey Map No. 5748;
thence S73°44'34"E,a distance of 22.70 feet;
thence S16°15'26"W, a distance of 31.03 feet to a point on a property line between Lot 1 and
Outlot 1 of Certified Survey Map No. 5748;
thence S16°15'26"W, a distance of 289.58 feet to the Point of Beginning and the end of this
description;
Containing 11,073 square feet, or 0.254 acres.
Storm Water Drainage & Electrical Easement Description
Part of Lot 1 of Certified Survey Map No. 5748, located in the SE 1/4 of Section 23, Township
18 North, Range 16 East of the Fourth P.M.,Ninth Ward, City of Oshkosh, Winnebago County,
Wisconsin, and being more particularly described as:
Commencing at the Southeast corner of said Section 23;
thence N01°17'23"W, along the east line of said SE 1/4 of Section 23, a distance of 991.38 feet;
thence S89°40'32"W, a distance of 1248.94 feet across Lot 1 to a found pipe per Certified Survey
Map No. 5748;
thence S89°40'32"W long a line on the Certified Survey Map No. 5748 a distance of 31.95 feet
the Point of Beginning of this description;
thence continuing along a line on the Certified Survey Map No. 5748, S89°40'32"W a distance
of 8.35 feet to a found railroad spike per Certified Survey Map No. 5748 on the East right-of-
way of Iowa Street;
thence along the East right-of-way of Iowa Street NOO°06'36"E, a distance of 60.36 feet to a
found iron pipe per Certified Survey Map No. 5748;
thence S89°50'11"E,a distance of 25.84 feet;
thence S16°15'26"W,a distance of 62.91 feet to the Point of Beginning and the end of this
description;
Containing 1,032 square feet, or 0.024 acres.
Exhibit
N ,`r. .Sy
OAf D
NORTH IS REFERENCED TO THE I/ ,1-,•- .4\• PDX
RIVE'?
WISCONSM STATE PLANE COORDINATE I <;/JI '�_
SYSTEM,SOUTH ZONE,NAG 83/NI./ /D/ —`--f •. ... ASST i aJ m6E
WITH THE EAST UNE OF THE S.E 1 4 (/ A ..
OF SECTION ZS BEARING NO1.17'23'W. I/`1/i !.I • ...,,,..•
...OUTLOT 1 U.S.
How
p APROPOSED f/
0� 5 zoo' /��EASEMENT UMITSf CSM—#5748• • ,: •. SNORf,LIIKE• 8oR LINE
MINI 1 � v
IOI r � I,o
SCALE t'0100' / .....•.. .. 1�,
rY :: I N STORM WATER ORAINAOF FASFMENT DESCRIPTION
/1� P'W Iht(K r' �'�Q +•������ � `•7 Port of lot 1 and port of Oudot I of Certified Survey Mop No.5748,
INGRESS/EGRESS EASEMENT TO BENEFIT / AVOZW F' D..• 5S r �• �` I� / p Range
_OUTLOT 1 OF CSM #5748 I 60'/ f ':: +� OUTLOT t ` PAVEMENT Arm ___' O l East�the
the
h Mayhmoredponkai f Oshkosh.
rs Winnebago
16
�� _ — �— —� L__r v_,_l. •.. — ' — — I Commencing at 1 Southeast corner of said Section 23,
/ /Y 57344 34 E, f• LOT r,, 7 y thence NOl'17'23'Y/,alongthe east One o1 sold SE 1 4 of Section 23.
/— �L �j 1/ �� •/ / / / /�/ / 1 / I o distance of 991.38 feet: o/
\ 11.00 :. ��7744 /VACATED W. ��/ y menaa sB9.4o'32'w,o distance of 1245.42 leer*cross foe I of said
�!� j(y�� /22.7D/ I I description:
thence No.5748 to the Point of Beginning of this
� ��� — \�y�ys'� t / J/��zz-- �� rkam�.. menc continuing 589'40'32'V, p d:ator�cv a1 5.52 feel to a found
`' N per Certified Survey Ma No.5748:
1 1 tripe P % p
LOT 1 I/ S� 16'15'261V RIVER WALK I�lrj bent.continuing se9vo'3z�v along a one an the ceer.d survey Map
No.5748,o distance of 31.95 legit
I < I 31.03' EASEMENT LIMITS thence N16'15'261,o distance of 330,73 feet
CSM #5748 D/�1 I IN
thence S7544'34'E,a distance of 11.30 legit too point en propeRy
®a K./ Ins between Lot 1 and OuUol 1 al Certified Sunny Mop No.5748:
I l' sa• LOT 1 I thence 573'44.34'E a distance of 22.70 feel:
Ir/ /I �' — $ thence 516'15'26 W.o d'ntanoe of 31.03 feet to a point onproperty
Cr „� STORM WATER DRAINAGE CSM #5748 line between Lot 1 and Omuot 1 of Certified Survey Map No.a748:
43 XI I
EASEMENT y thence S1615'26'W,a distance of 289.58 feet to the Point at
1 p,
emu.• ti �1 rW m ` Beginning and the end of this description:
"//• / b n E # Containing 11,073 equate feet,or 0.254 acres.
rr
e j� 2 J $
STORM WATER ORAINAgF A'
I., fl t to AL EASEMENT DESCRIPTION
1 b rn Pori of Lot 1 of Certified Survey Map Na.5748,located In the
569'S011wE SE f/4 o Section 23,Township of 18 North,Range 16 East al the
r 25.84 y I y Fourth P,M.,Ninth Ward.City of Oshkosh,Winnebago County,
It Wisconsin,and being more particularly described as:
— — }/] _ /J_ __ 7 Commencing at the Southeast corner of sold Section 23:
WEST FIFTH pl.- / 7 -r f I�' Thence ND,•I7.23Y/.along the coal fine of sale SE 1N of
r a� VACATED R.O.W. + enema s894 Section 23,a dicta,a ofdistance91,of 124e.94 feee across Lae 1 m
b, pp,, O / / / t loved pipe per Certified Survey Mop No.Certified
AVENUE ,, /P.aa STORM W,C,ER DRAINAGEa
/ / r / � �� � � I 589'40'321y,1248.94'(SEC.UNE TO I.IRON PIPS /1 J� thence 589'40'32^N long Dns an the CeRiOM Survey Mop No.
1245.42' 1� 5748 v distance of 31.95 lent the Paint al Beginning al this
delimitation:
N000636"E 589'40'3TW thence Timing Wong o One on the Certified survey Map No.
60.36' 5748,SB9.40'32Y/o distance of 8.35 feet to o found railroad
R.R. 3.52 J p,1e per Certified Survey Mop No.5748 on the East
pot S89'40'32'W g right—of—woy or bwa Street
STORM WATER DRAINAGE& I LOT 1 thence along the East right—of—way of loofa Street NDP06'36'E,
319.0 distance of 60.38 feet to a found it Certified
ELECTRICAL EASEMENT I y a m cox per
Q P.0.8.STORM WA1ER DRAINAGE CSM #5748 Survey Mop No,5748:
St
�y k ELECTRICAL EASEMENT thence 589'50'11'E,a ditance of 25.8.1 feet;
1ci 589•40'32'W thence 516'15'2r1V,a distanced 62.91 feet to the Point of
S
Wel Beginning and the end of this description:
LEGEND I 8.35' /^/\\ 1 Containing 1,032 square feet,or 0,024 acres,
CSM LOT BOUNDARY I I�
EASEMENT BOUNDARY y
1��], SOUTHEAST CORNER.
— — — RIGHT—OF WAY LINE I Iti, SECTION 23,718N,MBE
—— —— SECTION UNE
0
ftil
`"°""®°, SOUTH SHORE STORM SEWER DRAINAGE&
WEST SIXTH AVENUE A:CO A ELECTRICAL EASEMENT EXHIBIT
/'1� PART OF LOT 1 & PART OF OUTLOT 1
CERTIFIED SURVEY MAP NO. 5748
anal NI SON 'I m„.a., CITY OF OSHKOSH, WISCONSIN
.0W.L.01a