HomeMy WebLinkAboutMasters Oshkosh & Rogan StoresWater Drainage, .Retention, and
Natural Flow Easement Agreement
Document Number Document Title
THIS INDENTURE, made this _r_ day of n(A-T,)ce,,r 2019,1
MASTERS OSHKOSH, LLC and ROGAN STORES OSHKOSH LL,
collectively, Grantor, and CITY OF OSHKOSH, a municipal corporation, located
Winnebago County, Wisconsin, Grantee,
WITNESSETH:
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good
and valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, the Grantor, its successors and assigns, does hereby give and grant
unto the Grantee, its successors and assigns, and Grantee accepts, an easement over,
under, and through the land hereinafter described.
Tx:4401560
DOC#'1802029
NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
10/25/2019 01:43 PM
RECORDING FEE: 30.00
PAGES: 9
Name and Return Address
City Attorney's Office eM A -A&
PO Box 1130 040
91334222034,91323100404
1. PURPOSE: The Grantor's Property is a large commercial site Parcel Ideoti0cat oa Number (PI V)
previously containing both big box and smaller retail buildings. The larger site is currently being
redeveloped. The City currently utilizes some of the Grantors' Property for storm water drainage and
retention, as well as flow and drainage related to a natural creek along or near the west boundary of
Grantors' Property. The City's use of the Grantor's Property for storm water drainage and natural flow and
drainage will need to continue and be adjusted as part of the redevelopment of Grantor's Property. The
City's use of Grantors' Property will also include receiving water runoff from private properties, including
Grantors', as part of the City's storm water and natural flow management system. Currently the Grantee's
use of Grantor's Property for drainage, retention, and natural flow is at the surface level. However, as noted
herein, further use may include underground facilities at the Grantee's discretion.
2. GRANTOR'S PROPERTY: The Grantor's Property is situated in the City of Oshkosh, Winnebago County,
Wisconsin, and is described as follows:
Masters Oshkosh, LLC. Parcel Number 91334222034
Lot 3 and 4 of Certified Survey Map Number 5964, as recorded September 7, 2006 in Volume 1, Page 5964,
Document Number 1410416, Winnebago County Register of Deeds, excluding lands used for right-of-way purposes
for DOT Project 1120-10-21 described in documents 1493434 and 1511246, Winnebago County Register of Deeds.
Rogan Stores Oshkosh LLC: Parcel Number 91323100404
Lot 2 of Certified Survey Map No. 5964 recorded with the Winnebago County Register of Deeds an September 7,
2006 in Volume 1 of Certified Survey Maps on Page 5964 as Document No. 1410416. Said land being in the City of
Oshkosh, County of Winnebago, State of Wisconsin.
3. EASEMENT PROPERTY: The Grantor's Property subject to the Easement granted herein shall be over,
under, and through certain tracts of land situated in the City of Oshkosh, Winnebago County, Wisconsin,
(`Easement Property"), described as follows:
Easement Property Described in Exhibit A, Attached
4. EASEMENT LOCATION: The location of the Easement Property is identified on Exhibit B, attached.
Improvements within the Easement Property along with future improvements to the adjoining private property are
identified on Exhibit C, attached. RECEIVED
5 2019
iber 26, 2019 liUr_F�'
S. ACCESS RIGHTS: The City shall have the complete right to access and use the Easement Property for, and related
to, the public storm water management system as described in this Agreement.
6. USE FOR WATER MANAGEMENT SYSTEM: The City will use the Easement Property for public storm water
drainage and retention, as well as natural water flows of the Stringham Creek watershed. The City shall have the right
to fully use the Easement Property for these drainage purposes as part of its public storm water management system,
The City shall have the right, at its discretion, to access, survey, operate, maintain, repair, and use the drainage swale
for these purposes. The City may, at its discretion, install underground storm sewer drainage structures and other
related items to convey storm water runoff and/or to address flows of the Stringham Creek watershed.
7. MAINTENANCE: Grantor shall be responsible for cleaning, maintenance, and repair of the surface of the Easement
Property to the same extent that it undertook those activities prior to this Agreement. The City shall be responsible
for damage to the Easement Property caused by the City's use of its Easement rights described in this Agreement.
The Grantor's responsibilities include mowing and ensuring that the drainage swale and/or channel retains its
established grade, remains free of obstructions that would prevent it from draining in the manner it was designed to
drain, and retains sufficient grass to minimize erosion. Grantor shall be responsible for maintaining any
improvements allowed to in installed within the Easement Property. In the event that Grantor believes that certain
erosion, debris, and/or damage to the Easement Property is the result of the City's use of the Easement Property, then
both parties agree to meet and confer and attempt to reach a good faith resolution of the issue. Grantor's
responsibilities do not include repairs of City structures and facilities, or repairs which are the result of the City's use
of the Easement Property.
8. INTERFERENCE WITH EASEMENT: Except as otherwise allowed in this Agreement, Grantor, their heirs, agents,
or assigns, shall not interfere in any way with the City's use of the Easement Property, or install or construct any
structures or improvements, landscaping or similar impediments, within the Easement Property. The City
acknowledges that the Grantor will be redeveloping the Grantors' Property and, therefore, is allowed to install
improvements otherwise approved by the City. These improvements may include driveways, parking spaces, drive
aisles, signage, and electrical poles. Grantor shall not place, pile, or move snow or ice onto the Easement Property.
Prohibited new structures or improvements on the Easement Property include, but are not limited to, temporary or
permanent building structures, driveways, parking areas, sheds, change in elevations, vegetation except grass,
landscaping or fences. However, Grantee shall be allowed to install private utilities benefitting Grantors' property,
including but not limited to electrical, storm water, water distribution, and sanitary sewer facilities, as long as plans
for such installations are submitted to and approved by the City prior to their installation. The City retains the right to
direct the type and location of private utilities which may be used based on the current or future use of the Easement
Property by the Grantee. Grantor shall promptly remove any objects, materials, or structures which impede the
Grantee's use of the Easement Property or limits the capacity of the Grantee's storm water drainage system. If
Grantor fails to remove these materials or objects, Grantee shall remove them at Grantor's expense. The Grantor
shall take reasonable steps to prevent third parties from interfering in any way with the City's use of the Easement
Property. However, the City may immediately remove any object or material which it believes materially interferes
with the design or function of any storm water drainage facility within the Easement Property. The City will, to the
maximum extent allowed by the City's Storm water Management Ordinance, prevent the increase of volume and rate
of storm water runoff into the drainage swale.
9. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the access rights
identified herein to any contractor, third party, or other assignee that will be performing work on the Easement
Property which would otherwise be allowed for Grantee itself to undertake. Grantee shall take reasonable steps to
ensure that the other party has sufficient competence and gives adequate assurances that any work to be performed in
or around the easement shall be conducted in a skillful manner, and that the Grantor's interest in the Easement
Property shall be protected to the same extent as if the Grantee was itself performing the construction and
maintenance.
10. 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 other party. Any party in breach
shall have thirty (30) 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.
September 26, 2019
11. TERM: This easement is being granted in perpetuity for public purposes and uses, both current and future, without
regard to 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.
12. EXISTING EASEMENTS: The Grantor and Grantee are aware of other existing recorded easements and potential or
future public utility easements which relate to or affect the Easement Property and are necessary for the
redevelopment and use of the Grantors' Property. In all cases Grantors shall notify the Grantee when a public utility
or another party requests an easement which affects the Easement Property. Uses of all easements within the
Easement Property shall consider the codes and regulations affecting the installations of other entities. Uses,
facilities, or structures installed within the Easement Property which violate codes and regulations affecting existing
uses shall be responsible for moving the offending use or structure to remedy the violation at their expense. Other
changes by municipal utilities and public utilities using the Easement Property will be the responsibility of the party
making changes to ensure that those changes fit within configuration of uses within the Easement Property existing at
that time.
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 tern or
condition to persons or circumstances other them 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 the 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.
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 THE GRANTOR:
Masters Oshkosh, LLC Rogan Stores Oshkosh LLC
22 N. Main Street 1750 Ohio Street
Hartford, WI54927-1532 Racine, WI53405-3626
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh, WI54903-1130
September 26, 2019
19. AUTHORITY: The City 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 the City. Grantor affirms
that it has the authority to enter into this easement agreement, and that the undersigned has the authority to sign this
Agreement on behalf of the Grantor.
IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
MASTERS OSHKOSH, LLC
By: 2 a!' M3 v - i - M,426�
Thomas J. Masters, Managing Member
STATE OF WISCONSIN )
) ss.
WASHINGTON COUNTY )
Personally came before me this q4jJ- day of 2019, the above -named Thomas J. Masters of Masters
Oshkosh, LLC, to me known to be such person who executed the foregoing document and acknowledged that they executed the
same as such officers by its authority, for the purpose therein contained.
M.
(2 uatto`11nM_61"J-0
JPN BUR4P Notary Public, State of Wisconsin
My Commission expires: 1)Sda-,z4AUa3
O
P W l
STORES OSHRby
SHOES, INCORPORATED, its sole member
Patrick A. Rogm
Incorporated, its
STATE OF WISCONSIN )
) as.
RACINE COUNTY )
Personally came before me this,,,"day of , 2019, the above -named Patrick A. Rogan of Rogan
Shoes, Incorporated, the sole me r of Rogan Stores Oshkos LC, to me known to be such person who executed the
foregoing document and ackn edged that they executed the same such officers by its authority, for the purpose therein
contained.
Notary Public, Racine County,
My Commission expires:
El
September 26, 2019
19. AUTHORITY: The City 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 the City. Grantor affirms
that it has the authority to enter into this easement agreement, and that the undersigned has the authority to sign this
Agreement on behalf of the Grantor.
written.
IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day and year first above
OSHKOSH, LLC
By:
Thomas J. Maste , anaging Member
STATE OF WISCONSIN )
ss.
WASHINGTON COUNTY )
Personally came before me this of 2019, the above -named Thomas J. Masters of Masters
Oshkosh, LLC, to me known to be such pers who executed the forego document and acknowledged that they executed the
same as such officers by its authority, the purpose therein contained.
Notary Public, State of Wisconsin
My Commission expires:
ROGAN STORES OSHKOSH LLC by
ROG S, INCORPORATED, its sole member
By:
Patric A. Rogan, President of Rogan Shoes,
IncoAporated, its sole member
STATE OF WISCONSIN )
ss.
RACINE COUNTY ) ®//.�pp,0 �� (/G /k/
Personally came before me this 40 day of 2019, the above -named Patrick A. $ro an Q�Rogan
Shoes, Incorporated, the sole member of Rogan Stores Oshkosh LLC, to me known to be such person wlto Vesuted the
foregoing document and acknowledged that the/ executed the same as such officer( by its authorityJor tti p4Wp therein
contained.
Njt36 Pulffic, RadVe County, WI
My Commissional: b WAIVI ellt,
September 26, 2019
�, fit'...,.. � �•'
i By6
Game
ss.
VnNNEBAGO COUNTY
Personally came before me this as day of
Ubrig of the City of Oshkosh, to me known to be sui
same, for the purpose herein contained.
UA
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903-1130
September 26, 2019
W/2019, the above named Mark4'Rohl6it d ela R: '
who executed the foregoing insmnrt eitt and a�Fnowl_edged t
S is 'Wi�ss��ons'
ion expires P 0 d IL a" ".
STORMWATER EASEMENT LEGAL DESCRIPTION
An easement located within Lots 4, 3 & 2 of Certified Survey Map No. 5964, being a part of the
Northwest 1/4 of the Northwest 1./4 of Section 34, Township 18 North, Range 16 East, City of
Oshkosh, Winnebago County, Wisconsin being more particularly described as follows:
Beginning at the Northeast corner of Lot 4 of Certified Survey Map No. 5964, recorded in the
Winnebago County Register of Deeds Office in Volume 1 on Page 5964 as Document No.
1410416; thence South 000-49'-01" West along the Westerly right-of-way line of Koeller Street,
a distance of 74.78 feet; thence South 04"-41'-12" East along said Westerly line, a distance of
120.84 feet; thence South 00"-48'-48" West along said Westerly line, a distance of 819.98 feet;
thence Southeasterly 39.54 feet along said Westerly line on a curve to the left having a radius
of 300.00 feet, the chord of said curve bears South 02°-57'-46" East, a chord distance of 39.51
feet; thence South 83°-15'-41" West, a distance of 11.33 feet; thence North 04'-16'-15" West, a
distance of 71.83 feet; thence North 00'-00'-58" West, a distance of 136.17 feet; thence North
00°-21'-25" West, a distance of 148.29 feet; thence North 00°-48'-48" East, a distance of 242.73
feet; thence North 65°-19'-59" West, a distance of 13.12 feet; thence North 00'-48'-48" East, a
distance of 28.66 feet; thence North 23°-51'-44" West, a distance of 131.74 feet; thence North
000-48'-48" East, a distance of 269.52 feet; thence North 59'-05'-04" West, a distance of 40.36
feet; thence North 89"-11'-12" West, a distance of 332.95 feet; thence South 47 10'-22" West,
a distance of 71.92 feet; thence South 22'-32'-08" West, a distance of 140.72 feet; thence
South 37'-42'-41" West, a distance of 111.41 feet; thence South 21'-49'-14" West, a distance of
154.86 feet; thence South 00"-48'-48" West, a distance of 182.30 feet; thence South 07°-59'-
57" West, a distance of 36.22 feet; thence South 17°-59'-15" West, a distance of 78.64 feet;
thence South 08'-52'-58" West, a distance of 77.32 feet; thence South 01*-08'-41" East, a
distance of 218.39 feet; thence South 80'-16'-42" West, a distance of 45.17 feet to the Easterly
right-of-way line of Interstate 41; thence North 040-11'-35" West along said Easterly line, a
distance of 259.08 feet; thence North 000-50'-41" East along said Easterly line, a distance of
40.34 feet; thence North 11°48'-28" East along said Easterly line, a distance of 117.14 feet;
thence North 10'-07'-06" West along said Easterly line, a distance of 117.14 feet; thence North
00"-50'-41" East along said Easterly line, a distance of 156.47 feet; thence North 27°-30'-05"
East along said Easterly line, a distance of 386.58 feet to the Southerly right-of-way line of W.
20th Avenue; thence South 88"-36'-28" East along said Southerly line, a distance of 594.16 feet
to the point of beginning.
Said easement contains 149,444 square feet.
ExhibitALO-d
W__20TH_ AVENUE
S88'38'28'E 594.18'
NW CORNER f /i/
OF LOT 4 / N8971'12'W 332.95'
EASTERLY
RIGHT-OF-WAY LINE
OF INTERSTATE "41'
117.
LOT 4
CSM N0. 5984
SOUTH RIGHT-OF-WAY
LINE OF W. 201H AVENUE
STORMWATER
EASEMENT
N23'51'44'W.
131.74'
NOO'4W4E
I
P.O.B.
NE CORNER
OF LOT 4
STORMWATER I
��
EASEMENT
Nes'19'59•w
W1
CSM ND 5984 I
WEST RIGHT-OF-WAY
�(n�
LINE OF KOELLER STREET
J'89'STW
'80
3W,
.22'
aLd1
Woi
i'18•W I
YI
L0T_2
CSM NO §984
1500 150' 300'
1"= 150' mmmmmmmoi
SCALE FEET
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DATE: SEPTEMBER 17, 201!
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SURVEYING GROUP
PROJECT NO. 1863480