HomeMy WebLinkAboutThomas Muraski 14-1347-0000 . . . f
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Easement
DOC# 1800690
Document Number DocumeatTitle NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
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THIS INDENTURE,made this l day of Oihkft ,2019, RECORDED ON:
by THOM IT
AS A. MURASKI, Grantor, and CITY OF OSHKOSH, a municipal 10/10/2019 09:17AM
corporation,located in Winnebago County,Wisconsin,Grantee,
RECORDING FEE: 30.00
PAGES: 8
WITNESSETH:
Recording Area I 0, 1 41
IN CONSIDERATION of the sum of One Dollar($1.00)and other good Name and Return Address f
and valuable consideration paid by Grantee,the receipt of which is hereby City Attorney's Office ``_ J
acknowledged, Grantor,its successors and assigns,does hereby give and grant unto PO Box 1130
Grantee,its successors and assigns,and Grantee accepts,an easement over,under, Oshkosh,WI 54903-1130
and through the land hereinafter described.
91413470000
1. PURPOSE: The Easement Property described in this Easement I
Parcel Ideatificatlon Number (PIN)Agreement is comprised of a portion of Gallups-Met utta Creek,the
creek bank,and adjoining areas that allow the use and maintenance of the Easement Property by the Grantee.
Part of the Easement Property described in this Agreement was the subject of an existing easement entered
into between a prior owner of Grantor's Property and Winnebago County,with that easement recorded with
the Winnebago County Register of Deeds on November 18,1976,as Document Number 487095,and
attached hereto as Exhibit A. This existing easement included these same creek maintenance and drainage
purposes described above,as well as maintaining bridges and similar structures in the adjoining roadway.
Both Grantor's Property and the adjoining public right-of-way were previously within the jurisdiction of
Winnebago County. However,Grantor's Property and adjoining public right-of-way later were annexed into
the City of Oshkosh and the City of Oshkosh became the beneficiary of the existing easement. This new
easement incorporates the benefits of the existing easement,and also expands its area to allow Grantee to
address issues related to other areas of Gallops-Merritts Creek. The purpose and use by Grantee of the
Easement Property described in this document shall be for use by Grantee as part of its storm water
management system as well as the purposes identified in the easement Document Number 487095.
2. GRANTOR'S PROPERTY: The Easement granted is located within the Grantor's Property situated in the
City of Oshkosh,Winnebago County,Wisconsin,(`Easement Property")and described as follows:
The South 206.417 feet of the East 292 feet of the South East 1/4 of the South East 1/4 of
Section 35,T1.8N,R16E,in the City of Oshkosh,Winnebago County,Wisconsin.
Street Address:3087 Oregon Street,Oshkosh,Wisconsin.
3. EASEMENT PROPERTY: A map of the Easement Property is attached as Exhibit B. The Easement Property is
located within Grantor's Property and is more particularly described as:
That part of the south 133 feet of the east 73 feet of the SE 1/4 of the SE'h of Section 35,
T18N R16E and the south 98 feet of the west 145 feet of the east 218 feet of the SE 1/4
of the SE'%of Section 35,T1 BN R16E lying north of Waukau Avenue and west of
Oregon Street excepting those areas dedicated as right-of-way.
4. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property for,and related
to,Grantee's storm water management system as well as incorporating the purposes identified in easement Document
Number 487095.
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September 16, 2019
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5. USE FOR STORM WATER MANAGEMENT SYSTEM: Grantee shall have the right to the non-exclusive use of
the Easement Property as part of its storm water management system and the other uses described in this Agreement,
including those uses incorporated from easement Document Number 487095. Grantee shall have the right to access,
survey,construct,dredge,grade,use,operate,maintain,repair,reconfigure,or relocate the water flow and drainage
areas within the Easement Property. Grantee may construct,install,and maintain any other storm water facility or
structure on,over,or under the Easement Property that is deemed necessary for public storm water drainage purposes
at Grantee's discretion. Grantee shall give Grantor not less than seventy-two(72)hours written notice prior to
performing any substantial work within the Easement Property. In the event of an emergency,notification shall not
be required prior to work or repair,but Grantee shall notify Grantor as soon as reasonably practical after the
commencement of such work or repair. Grantor may install, operate,and maintain private,storm water drainage
facilities within the Easement Property upon receiving explicit written permission from Grantee,and such permission
shall not be unreasonably denied or delayed. Any storm water drainage facility installed by Grantor within the
Easement Property shall remain privately owned,operated,and maintained. Potential private storm water facilities
may include,without limitation,pipes,drains,inlets,box structures,backflow structures,and pumps and pumping
structures.
6. MAINTENANCE: Grantee shall be responsible for maintaining the Easement Property. Maintenance activities
include,without limitation,dredging,grading,bank stabilization,maintenance,repairs,and removal of refuse
adversely affecting the flow of water within Gallups-Merritts Creek. Grantee shall not be responsible for the
maintenance,repair,or replacement of any private storm water drainage facilities,nor shall Grantee be responsible
for the design and installation of new private storm water drainage facilities installed by Grantor. Grantee's
responsibilities include dredging,grading,bank stabilization,seeding and all other efforts necessary to allow
necessary flow of Gallups-Merritts Creek while minimizing erosion within the Easement Property due to Grantee's
use. The Grantee's use and maintenance of the Easement Property shall be at Grantee's sole reasonable discretion for
the purpose of facilitating a reasonable level of functioning of Gallups-Merritts Creek and related areas within the
Easement Property and for its use as a component of the City of Oshkosh's overall storm water management plan(s).
Grantee shall maintain all public storm water drainage facilities within the Easement Property in a good,safe,neat,
clean and functional condition at all times during the term of this Easement.Grantor shall not have any right of entry
to perform any repair or maintenance of public storm water facilities associated with the Easement Property that it
believes is necessary,except as otherwise expressly provided in this Agreement, or except with the express
permission of Grantee.This restriction shall not prevent or restrict Grantor from removing debris,rubbish or similar
items or materials from the easement area,or for mowing or trimming vegetation. Grantee shall not be liable to
Grantor for any costs related to such activities. Grantor may access the Easement Property to repair or maintain
private storm water facilities. Grantor's responsibilities do not include repairs which are the result of Grantee's use of
the Easement Property.
7. GOVERNMENTAL OVERSIGHT: Gallups-Merritts Creek is currently designated as a navigable waterway and,as
such,may be regulated by State and Federal agencies or bodies. Both Grantor and Grantee understand and agree that
they will obtain all permissions,licenses,and approvals as required and will follow all rules and regulations that
pertain to their respective use of the Easement Property. Grantor agrees to provide Grantee,or the applicable agency,
with consent or approval of Grantee's actions within the Easement Property in Grantor's capacity as property owner,
and that such approval or consent shall not be unreasonably denied or delayed. Grantee agrees to provide Grantor,or
the applicable agency,with consent or approval of Grantor's actions within the Easement Property in Grantee's
capacity has holder of easement rights. Grantor and Grantee agree to provide,as soon as practicable,the other with
copies of any notices received from any governmental agency affecting or relating to the Easement Property. Grantor
and Grantee agree to confer and exchange information in good faith with each other regarding the use and regulation
of Gallups-Merritts Creek within the Easement Property.
8. INTERFERENCE WITH EASEMENT: Grantor,its agents or assigns,shall not interfere in any way with Grantee's
use of the Easement Property,and in particular shall not dredge,fill,grade,alter the slope or elevation, materially
alter the vegetation associated with the Easement Property,alter any storm water facility intentionally placed therein,
install or construct any structures or improvements within the easement,depositing refuse or waste,or knowingly
allowing the deposit of refuse or waste by others. Any maintenance of vegetation in the Easement Property by
Grantor, including mowing and trimming,shall not be considered altering the vegetation. Grantor may add private
storm water drainage facilities within the Easement Property upon issuance of appropriate permits and approvals.
Grantor shall not place,pile or move snow onto or into Gallups-Merritts Creek or any part of the Easement Property
which may cause any interference with the flow of Gallups-Merritts Creek. Prohibited new structures or
improvements include,but are not limited to,temporary or permanent building structures,driveways,parking areas,
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September 16, 2019
sheds,change in elevations,vegetation except grass, landscaping or fences. Grantee shall be responsible for
removing storm debris from the Easement Property. Except as otherwise expressly provided with respect to snow or
ice,Grantor shall promptly remove all other objects,materials,or structures which materially impede Grantee's use
of the Easement Property or limits the capacity of Gallups-Merritts Creek. If Grantor fails to remove materials or
objects for which it is responsible,Grantee shall remove them at Grantor's expense.
9. USE OF EASEMENT BY OTHERS: Grantor agrees that Grantee may temporarily assign the construction and
maintenance rights identified herein to any contractor,third party,or other person. Assignees must demonstrate to
Grantee that they have sufficient competence and must give adequate assurances that any work to be performed in or
around the easement shall be conducted in a skillful manner. Assignees must also protect Grantor's interest in the
easement premises to the same extent as if Grantee was itself performing the construction or maintenance.
10. DEFAULT: If either Grantor or Grantee reasonably believes that the terms of this Easement have been breached,
then written notification of the alleged breach shall be delivered to the other party. Any party in breach shall have
sixty(60)days to cure any actual breach. However,Grantee may immediately remove any object or material which it
believes materially interferes with the design of a storm water management facility within the Easement Property. In
the event of a default,either party shall have recourse to all remedies available in law and equity. Such action shall
have the venue of Winnebago County, Wisconsin Circuit Court.
11. TERM: This easement is being granted in perpetuity for public purposes and uses,both current and future,without
regard to Grantee's use of the Easement 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 Grantor
and Grantee,their respective heirs,executors,administrators,successors,assigns,and legal representatives.
12. EXISTING EASEMENTS: Grantor and Grantee are aware of any recorded easements which relate to or affect the
Easement Property. As previously identified above,the Grantee benefits from the easements rights identified in the
existing easement recorded with the Winnebago County register of Deeds Document Number 487095,which is
incorporated into the terms of this Easement Agreement. This easement is subject to all existing easements and
restrictions of record up to and including the date any such easements are released through a document recorded with
the Winnebago County Register of Deeds. Grantor shall obtain Grantee's approval before granting any additional
easements or covenants affecting the Easement Property. Such approvals shall not be unreasonably denied provided,
however,that all such future easements and/or covenants remain subservient to Grantee's interests in the Easement
Property.
13. WAIVER: No delay or omission by any party to this agreement in exercising any right or power arising out of any
default under any of the terms or conditions of this 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 Agreement.
14. INVALIDITY: If any term or condition of this Agreement,or the application of this Agreement to any person or
circumstance,shall be invalid or unenforceable,the remainder of this Agreement,or the application of the term or
condition to persons or circumstances other than those to which it is held invalid or unenforceable,shall not be
affected thereby,and each term and condition shall be valid and enforceable to the fullest extent permitted by law.
15. NO THIRD PARTY BENEFICIARY: The terms of this Agreement are for the benefit of the two parties identified,
and it is not the intention of either Grantor or Grantee that other parties shall acquire any rights,to enforce or benefit
from,through this Agreement.
16. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the municipality's right or
opportunity to rely upon 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 are incorporated into this agreement and
shall govern all disputes,contractual or otherwise,as they apply to the municipality and its agents,officers,and
employees.
17. 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.
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September 16, 2019
18. NOTICES: Any notices required by this Easement 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 GRANTOR:
Thomas A.Muraski
3087 Oregon Street
Oshkosh,WI 54902-713 9
FOR GRANTEE:
City of Oshkosh
do Director of Public Works
P.O. Box 1130
Oshkosh,WI 54903-1130
19. AUTHORITY: Grantee affirms that all necessary boards and elected officials have approved the acceptance of this
Easement,and that the undersigned have the authority to sign this agreement on behalf of Grantee. Grantor affirms
that they have the authority without limitation to enter into this easement agreement.The undersigned assert and
affirm that they have they have the authority without limitation to enter into this easement agreement on behalf of
Grantor. Grantee's written consent will be required before any additional easement or use of this easement property
is granted to third parties.
SIGNATURE PAGES FOLLOW
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September 16, 2019
•
• IN WITNESS WHEREOF,said Grantor has hereunto set their hand and seal the day and year first above written.
GRAN OR
Thomas A. uraski
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this . day of OL Q ,2019,the above named Thomas A.Muraski,tome known to
be such person who executed the foregoing instrument nk owj7 dggd the same,for the purpose herein contained.
Notary Public, tate of Wisconsin 1)4•J10 - ?Rbei40.
My Commission exp,ixoe: .s' �M i i4
GRANTEE, CITY OF OSHKOSH
By: '((o•— c.r. --c-----
k A.Rohloff,Ci Manager
By: (A
„ Paine!, ' ,C Clerk
cei A s3 J G<CtGP_A.
STATE OF WISCONSIN ) ' 1
)ss.
WINNEBAGO COUNTY )
>V„ Personally came before me this 1 day of DLlDV�f ,2019,the above named Mark A. Rohloff and Pe ,e4a-R.
bri g of the City of Oshkosh,to me known to be such persons who executed the foregoing instrument and acknowledged the
same,for the purpose herein contained. ()�
Notary Public, State of Wisconsin
My Commission expires: ip (!`�Mi,G,AG1�
APP• $VED • TO iORM: CC
r. . Lorenson, ity Attorney
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
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September 16, 2019
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PERMANENT DRAINAGE EASEMENT —
I3087 OREGON STREET STRAND
I THOMAS A. MURASKI ASSOCIATES'
1 CITY OF OSHKOSH
WINNEBAGO COUNTY, WISCONSIN
FIGURE NO.1
{ JOB M 1382.072
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I___________ Exhibit b