HomeMy WebLinkAboutPrivilege in Street- Masters and Rogan8546973
PRIVILEGE IN STREET DOC# T 18030
i8d2215
Document Number Document Title NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
10/29/2019 08:16 AM
RECORDING FEE: 30.00
PAGES: 15
Name and Return Address
4d� City Attorney Office
�K E P0Box 1130
_ n, to Oshkosh WI 54903-1130
91334222034,91323100404,
91323100401,91323100402,
91323100403
Parcel Identification Number (PIN)
This instrument drafted by:
Attorney David J. Praska RECEIVED
Oshkosh, Wl54903-1130 _
CITY CLERK'S OFFICE
1
October 3, 2019 5
C,
PRIVILEGE IN STREET AGREEMENT
This Agreement is between Masters Oshkosh, LLC, PO Box 270422, Hartford, Wisconsin 53027-0422
(individually, Masters), Rogan Stores Oshkosh LLC, 1750 Ohio Street, Racine, Wisconsin 53405-3626
(individually, Rogan), and Oshkosh Refurb, Inc., 3420 Jackson Street, Oshkosh, Wisconsin 54901
(individually, Refurb)(collectively, Owners), and the City of Oshkosh, 215 Church Avenue, Oshkosh,
Wisconsin 54901(City). The Owners and City agree that One Dollar ($1.00) and other good and sufficient
consideration as described or referenced in this document has been given to, and received from the other(s) as
part of this Agreement.
2. The Owners shall always be responsible, jointly and severally, for the obligations and liabilities of this
Privilege in the Street. In the event that one or more of the Owners conveys, or proposes to convey, all or
part of a parcel to third parties, then that Owner must contact the City regarding options for assigning its
interest in the Privilege in the Street. Masters, Rogan, and Refurb shall not assign, convey, or transfer this
Privilege, in whole or in part, to any other person or entity without the written consent of the City of
Oshkosh. Conveyance of property without assignment ofthe Privilege interests may result in the revocation
of the Privilege. The restriction in the previous sentence does not include contractor's performing work to
carry out the purpose of this Agreement.
3. This storm water improvements and facilities to be installed subject to this Privilege in the Street shall benefit
the City of Oshkosh's overall public storm water drainage and retention system, as well as for the benefit of
the following parcels for the purpose of addressing storm water drainage and retention issues on the
redevelopment Site:
a. 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.
b. Rogan Stores Oshkosh LLC. Parcel Number 91323100404
Lot 2 of Certified Survey Map No. 5964 recorded with the Winnebago County Register of Deeds
on 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.
c. Oshkosh Refurb, hic.. Parcel Numbers 91323100401, 91323100402, 91323100403
Lots 1 and 2 of Certified Survey Map Number 3521, recorded with the Winnebago County Register
of Deeds on September 4, 1996, as Document Number 947777, being part of the Northwest 1/4 of
Section 34, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin.
and
Lot 1 of Certified Survey Map Number 5964, recorded with the Winnebago County Register of
Deeds on September 7, 2006, as Document Number 1410416, being part of the Northwest 1/4 of the
Northwest'/4 of Section 34, Township 18 North, Range 16 East, City of Oshkosh, Winnebago
County, Wisconsin.
4. The Owners and/or subsequent owners of parcels are redeveloping a multi -parcel commercial site
(collectively, Site). The proposed redevelopment configuration includes certain storm water drainage and/or
retention requirements occurring within the City's public right-of-way. Private property owners may only use
public right-of-way under certain conditions including the requirement that they are granted a Privilege in the
Street by the City as described by state statute. Therefore, this Agreement is entered into pursuantto Section
October 8, 2019
66.0425, Wisconsin Statutes, which governs the granting of Privileges in the Street. This Agreement
incorporates and is subject to the terms, conditions, and requirements of Wis. Stat. 66.0425, except for the
statutory terms that are explicitly modified through this Agreement, as well as any additional terms identified
herein.
5. City approval ofthis Privilege in the Street, as well as zoning and other approvals and for this redevelopment
Site, shall not act as, nor be interpreted or inferred as, granting easements or interests in real property, or
granting or conveying any other property rights. The Privilege granted may therefore at all times be revoked
by the City at its discretion and without obligation as described in Wis. Stat. 66.0425, or as otherwise
explicitly described in this Agreement. Due to the nature of this Agreement, it may not be required to be
recorded with the County land records. However, the inclusion of the Privilege in the Street as a current
component of the Site's redevelopment results in the understanding that this Agreement may be recorded
with the Winnebago County Register of Deeds to provide notice of the limitations of this Privilege to
potential future owners of the parcels within the Site or others reviewing interests in the site.
6. The Owners and/or subsequent owners are redeveloping the large site commonly known as Aviation Plaza.
Masters, Rogan, and Refurb each owning separate parcels within the larger Site, although each ofthe Owners
may at some point be conveying its interests to others for the actual redevelopment. Each of the Owners are
separately engaged in either new construction or renovations of existing commercial buildings and/or utility
and storm water improvements on the larger redevelopment Site. Despite the separate plans and actions of
the individual Owners, the overall composition of the proposed new development and uses of the Site
requires that some of the storm water drainage and retention issues be addressed for the larger Site as a
whole. Therefore, while the Privilege in the Street is physically adjacent to only one ofthe parcels, all ofthe
parcels within the Site will benefit from the Privilege in the Street.
The City of Oshkosh Common Council on May 28, 2019 through Resolution Number 19-319, approved the
Site's General Development Plan and Specific Implementation Plan. Included within the aforementioned
approval was the Council condition that any subsequent Privilege in the Street satisfying requirements ofthe
City's Department of Public Works, along with the requirement that the Owner's improvements and use of
the area within the public right-of-way subject to the Privilege in the Street must also provide substantial
public benefit. A copy of Resolution Number 19-319 is attached as Exhibit A.
8. The City of Oshkosh Common Council on October 8, 2019, through Resolution Number 19-543, approved
the Privilege in Street benefitting Owners and their redevelopment plans. A copy of Resolution Number 19-
543 is attached as Exhibit B.
9. The Owners, jointly and severally, shall be responsible for damages to person or property by reason of the
granting of the Privilege. Masters, Rogan, and Refurb each specifically affirm that they understands the
extent of its responsibilities and liabilities and accept all such legal obligations. The preceding terms are not
intended to limit the obligations and liabilities described in state statute, but instead to reiterate or expand the
obligations and liabilities described therein.
10. The Owners may have their own separate private agreements between themselves and with third parties
relating to various interests in the property or regarding cost sharing and distribution of liabilities and
obligations. The City is not bound by the terms of any such separate agreements between the Owners or
between the owners and third parties.
11. The City's public right-of-way subject to the non-exclusive use by the Owners for this Privilege in the Street
is identified and described in Exhibit C, attached.
12. Non-exclusive uses or improvements within the City's public right-of-way, along with proposed
improvements on adjoining private property, are identified and described in Exhibit D, attached.
October 8, 2019
13. The City has used the public right-of-way subject to this Privilege as part of its storm water management
system and for other public uses prior to granting this Privilege in the Street. The rights contained in this
Privilege shall always be subordinate to the City's use. The granting of this Privilege shall not limit the
City's future use of its public right-of-way.
14. The Owners may use the public right-of-way described in this Privilege in the Street Agreement for storm
water drainage and retention purposes originating from the redevelopment Site, which is comprised of the
parcels identified in paragraph 2, above. The City of Oshkosh through its Department ofPublic Works must
pre -approve grading and/or installation of all structures and facilities within the public right-of-way. No
unapproved construction, improvements, or installations are allowed within the public right-of-way. The
City's approval of any location of any storm water drainage or retention structure, shall not act as awaiver or
modification of any obligation or liability pursuant to this Agreement or any other applicable agreement or
law.
15. The City may revoke this Privilege in the Street as allowed by Wis. Stat. 66.0425, or for any other lawful
reason. The actions of one party may result in revocation of the Privilege as it relates to all parties.
16. The City currently uses and has municipal utilities and facilities within the Privilege area and shall retain the
right to construct or install and operate any other Municipal utilities and facilities at the City's sole discretion.
The City shall reasonably restore any surface it has disturbed. In no case shall the City be responsible for
specific restoration undertaken by Owner.
17. The right-of-way within the Privilege in the Street also contains public utilities and facilities. This Privilege
is subordinate to the use of the right-of-way by public utilities, both present and future. It shall always be the
responsibility of the Owners to work with the public utilities regarding installation, repairs, and surface
restoration. In no case shall the City be responsible for such restoration.
18. In addition to all other terms and conditions described herein, the following are additional terms and
conditions of this Agreement:
a. Masters, Rogan, and Refurb agree that they is solely responsible for all costs, actions, claims, and
liabilities related to their use of the public right-of-way. This includes both maintenance and repairs.
Masters, Rogan, and Refurb's responsibilities begin from the commencement of this project and
continue until such time as the storm water drainage or retention structures in the public right-of-way
are abandoned and restored, or their interest in this Privilege is assigned, whichever comes first
b. The surface of the Privilege property shall be maintained by the Owners in a manner satisfactory to
the City. Maintenance includes 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. Owners shall not place
snow or ice on the Privilege property. Owners shall not store anything on the Privilege property,
including personal property, equipment, or materials.
c. Masters, Rogan, and Refurb shall assume full liability for damages to person or property by reason of
the actions of its employees, agents, general contractors, subcontractors, and any other person and
entity performing work relating to their private storm water drainage or storm water storage facilities
within the public right-of-way.
d. Masters, Rogan, and Refurb agree to indemnify, hold harmless, and release the City from and for any
claims by any person or entity asserted against the City for damage to person or property resulting
from any activities covered by or undertaken through Agreement.
October 8, 2019
e. Masters, Rogan, and Refurb agree to correct and repair any damage to the City's property, both real
and personal property, resulting from the Privilege in the Street and to reimburse the City for any
cost or expense it may incur as a result of the Activities.
f. Masters, Rogan, and Refurb shall follow all City requirements for constructing, repairing, or
backfilling, such surface disruptions, and shall provide the City with all reasonable documentation
regarding the actions occurring within the right-of-way.
g. The City is currently unaware of any environmental challenges that may exist upon and within the
public right-of-way. Owner is responsible for resolving any environmental issue, at its expense, that
they discover in the privilege property. This includes costs if investigation, notifications, and
remediation. In the event any actual, anticipated, or perceived environmental issues are discovered
by the Owner within the public right-of-way, the Owner agrees to notify the City as soon as
practicable as well as provide the City with copies of final reports, data, summaries, and other
information that is related to any environmental issues within the public right-of-way.
h. In the event a storm water drainage or retention structure or facility is abandoned at some point in the
future, then the storm water drainage or retention structure or facility shall be returned to its original
condition or, in the case of structures, shall be removed at least thirty-six (36) inches from the
surface and thereafter abandoned pursuant to all applicable rules and standards of any regulatory
body including the City, whichever provides the more strict standards.
The City's use of the public right-of-way shall always be a priority over any other use. In the event
that a storm water drainage or retention structure or facility has been installed in the right-of-way
and that placement adversely affects the City's future use of the right-of-way, then the parties shall
enter into good faith discussions about relocation options for the storm water drainage or retention
structure,. Additionally, Masters, Rogan, and Refurb agree to afford the City the opportunity to
participate and comment as part of relocation discussions between Masters, Rogan, and Refurb, and
any other entity including without limitation any public utility.
j. This Agreement does not supersede or modify Masters, Rogan, and Refurb requirement to obtain
right-of-way permits to perform the activities within the right-of-way subject to this Agreement.
k. Masters, Rogan, and Refurb agree that the terms of this Agreement shall be liberally construed in
favor of the City of Oshkosh, in consideration of the privilege granted by the City.
19. This Privilege is subject to all terms and conditions contained in any authorizing Resolution adopted by the
City of Oshkosh Common Council, which are incorporated through all Exhibits to this Agreement. By
executing this Agreement and by using the Privilege, the undersigned agree to fully abide by all terms and
conditions, and all State of Wisconsin requirements, whether by statute or administrative rule. The statutory
requirements as of the date of this agreement include Section 66.0425, Wisconsin Statutes, but future
amendments and/or renumbering shall also apply. This Privilege may be revoked for any lawful reason,
including but not limited to for noncompliance with the authorizing Resolution and this Agreement.
20. This Agreement shall be governed by Wisconsin law. Venue for all dispute resolutions shall be Winnebago
County, Wisconsin.
SIGNATURE PAGES FOLLOW
October 8, 2019
MASTERS OSHKOSH, LLC
By: r' to&trt. @
Thomas J. Masters, Managing Member
STATE OF WISCONSIN )
) as.
WASHINGTON COUNTY )
Personally came before me this SO' day of i[0' , 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.
By:
My Commission expires:
STORES OSHKOSH LLC, by
SHOES, INCORPORATED, its sole member
Incorporated, its
of Rogan Shoes,
STATE OF WISCONSIN )
) as.
RACINE COUNTY 1
Personally came before me this day of 2019, the above -named Patrick A. Rogan,
President of Rogan Shoes, Incorporated, the sole member of Rogan ores Oshkosh LLC to me known to be such
person who executed the foregoing instrument and acknowledged the s as and for said Rogan Stores Oshkosh
LLC, by his authority as President of Rogan Shoes, Incorporated.
Notary Public, Racine County, Wisconsin
My Commission expires:
REALTY,LLC
By:
Member
(print name)
STATE OF WISCONSIN )
ss.
MILWAUKEE COUNTY )
Personally came before me this day of 2019, the above -named
of Phoenix Realty, LLC, to me known to be such on who executed the foregoing
document and acknowledged that they executed the same as such officers by its an for the purpose therein
contained.
Notary Public, State of Wisconsin
My Commission expires:
October 3, 2019
TERS OSHKOSH, LLC
By:
Thomas J. Masters, aging Member
STATE OF WISCONSIN )
) as.
WASHNGTON COUNTY )
Personally came before me this day of 2019, the above -named Thomas J. Masters
of Masters Oshkosh LLC, to me to be such person who execute foregoing document and acknowledged
that they executed the same uch officers by its authority, for the purpose tter`ein contained.
Notary Public, State of Wisconsin
My Commission expires:
ROGAN STORES OSHKOSH LLC, by
ROG ES, INCORPORATED, its sole member
By:
Patric A. Rogan, President of Rogan Shoes,
Incorporated, its sole member
STATE OF WISCONSIN )
) as.
RACINE COUNTY ) Q
Personally came before me this 0 day of CR.' d 2e/1' '2019, the above -named Patrick A.. Rogan.,
President of Rogan Shoes, Incorporated, the sole member of Rogan Stores Oshkosh LLC tome known Ao(W StiqlN
person who executed the foregoing instrument and acknowledged the same as and for said Rogan•St6tes Ost�osh
LLC, by his authority as President of Rogan Shoes,Whicorporate ��
N&&y Pi%lic, Racine County, Wisco�n�s�p'
My Commission rxpires: 10?af1 ptkft�,A-'1. j'
ENIX REALTY, LLC O S
•f„tr
By. _..
Managing Member
(print name)
STATE OF WISCONSIN )
) ss.
MILWAUKEE COUNTY )
Personally came before me day of 2019, the above -named
of Phoen' ealty, LLC, to me known to be suc rson who executed the foregoing
document and acknowledged ey executed the same as such officers by its a rity, for the purpose therein
contained.
Notary Public, State of Wisconsin
My Commission expires:
October 3, 2019
OSHKOSH, LLC
By:
Thomas J. Ma s, Managing Member
STATE OF WISCONSIN )
) ss.
WASHINGTON COUNTY )
Personally came before me this day of 2019, the above -named Thomas J. Masters
of Masters Oshkosh, LLC, to me kn to be such person who exec the foregoing document and acknowledged
that they executed the same as ch officers by its authority, for the purpo erein contained.
Notary Public, State of Wisconsin
My Commission expires:
By:
STORES OSHKOSH LLC, by
SUOES, INCORPORATED, Its sole member
Patrick A. Rogan, Pp -
Incorporated, its sole
STATE OF WISCONSIN
RACINE COUNTY
of Rogan Shoes,
ss.
Personally came before me this day of 019, the above -named Patrick A. Rogan,
President of Rogan Shoes, Incorpora , the sole member of Rogan Stores osh LLC to me known to be such
person who executed the fore ' instrument and acknowledged the same as an Bard Rogan Stores Oshkosh
LLC, by his authority as P rdent of Rogan Shoes, Incorporated.
Notary Public, Racine County, Wisconsin
My Commission expires:
REFURB, INC.
By:
Trcc_2 26ru-rPresident
(print name)
STATE OF WISCONSIN
ss.
WINNEBAGO COUNTY )
Pe sonall game before me this
�jtil of Oshkosh Refurb, Inc., to
do ument and acknow edged that they executed the sai
contained. /%
•�.�NSBFq'•,
:¢O�pRYG�Z:
October 80 J �9 ��\ *
'•. P��
'dare of�'••
day of V O , 2019, the above -named
p known to be such person who executed the foregoing
ps such o]Wcers by_it�puthority, for the purpose therein
ary rUUILU, OML L IDWLIaUL
Commission
CITY OF OSHKOSH
By: e:�K— /` — ��l- fi
Mark A. Rohloff, City Manager
STATE OF WISCONSIN
And: l�T
Pamela R. Ubrig, City Clerk
I as.
WIIdNEBAGO COUNTY )
ers'o^n'ally ame before me sday ot{ )(U�t,+" . 2019, the above -named
%,y ►i gA\l C�and ofthe City of Oshkosh to me•Ijd tt'to,be
such erson s who executed the foregoingdocument and acknowl ` p () ged that they executed the sa�e� tic .officers .,
by its authority, for the purpose therein contained. .•'
Notary Pub tc, State isc in O '
My Commission expires: �� ....
�• . Yam`
Attachments: Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
October 3, 2019
MAY 28, 2019 19-319 RESOLUTION
(CARRIED 7-0 LOST LAID OVER____6VITHDRAWN----1
PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC
IMPLEMENTATION PLAN FOR RESTAURANT/ INDOOR
ENTERTAINMENT VENUE; 2105 SOUTH KOELLER STREET
INITIATED BY: MASTERS OSHKOSH, LLC
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, the Plan Commission finds that the General Development Plan and
Specific Implementation Plan for the proposed planned development of a restaurant and
indoor entertainment venue at 2105 South Koeller Street, is consistent with the criteria
established in Section 30-387(6) of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common. Council of the City of
Oshkosh that a General Development Plan and Specific Implementation Plan for the
planned development of a restaurant and indoor entertainment venue at 2105 South
Koeller Street, per the attached, is hereby approved with the following conditions:
1. Base standard modification for pavement setback reduction along W. 20th
Avenue from the required 25' to the existing 17.75'
2. Base standard modification to allow light pole within the required front
yard setback along the north property tine.
3. Base standard modification to increase the maximum parking stall spaces
without a landscaping island from 20 spaces to 22 spaces as indicated on
the site plan_
4. Base standard modification to increase the maximum allowed parking to
830 spaces.
5. Base standard modification to allow a dumpster enclosure within the front
yard as indicated on the site plan.
6. Base standard modification to allow a loading space within the front yard
as indicated on the site plan.
7. Base standard modification to increase the maximum fixture mounting
height from 20' to 23'.
Exhibit twI
MAY 28, 2019 19-319 RESOLUTION
CONTD
8. Base standard modification to increase the maximum allowed EMC from
100 sq. ft. to 150 sq. ft.
9. Development shall be limited to three signs as outlined within the SIP
request. 1-192 sq. ft. pylon sign including 150 sq. ft. EMC along
Interstate 41 and two 15 sq. ft. monuments signs. There shall be no wall
signage permitted.
10. The final storm water management plan to utilize the Right of Way shall
be approved by the Department of Public Works and provide substantial
public benefit. Additionally, the developer must enter into an agreement
with the City to allow for the installation within the Right of Way and
potential need to remove the facilities should public use of said Right of
Way be needed.
11. Developer shall provide a wildlife mitigation plan for the wet storm water
pond for review and approval by the Department of Community
Development.
12. Base standard modification to reduce the required Building Foundation
landscaping requirement of 50% of the required points along the main
entrance to providing 33% of the required points along the main entrance.
13. Base standard modification to reduce the required yard landscaping from
1,080 to 709 points.
14. Base standard modification to allow 14landscaping islands (as identified
on the approved landscaping plan) to use low deciduous trees instead of
the code required shade or tall deciduous.
15. Final landscaping plan shall be reviewed and approved by the
Department of Community Development.
16. All split face block shall be replaced with stone, stone veneer or a similar
Class I material.
17. Curved corrugated metal siding and Curved corrugated rusty metal
siding as outlined in the Building Fagade section of the report shall be
permitted in conformance with the provided and approved building
exteriors.
18. Final building exteriors shall be reviewed and approved by the
Department of Community Development.
19. Refuse enclosure shall be clad in the same materials as the primary
structure.
20. Code compliant photometric plan shall be provided.
REVISED
OCTOBER 8, 2019 19-543 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN_)
PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO MASTERS
OSHKOSH LLC, ROGANS STORES OSHKOSH, LLC AND
OSHKOSH REFURB, INC. FOR PLACEMENT OF STORM WATER
MANAGEMENT FACILITIES WITHIN PUBLIC RIGHT OF WAY, -
SOUTH SIDE OF THE 1800 BLOCK OF WEST 20TH AVENUE
INITIATED BY: MASTERS OSHKOSH LLC
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege in
a right-of-way; and
WHEREAS, the Plan Commission has approved of this request with conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to grant
Masters Oshkosh LLC, Rogans Stores Oshkosh, LLC and Oshkosh Refurb, Inc. and their
contractors, a privilege in street for placement of storm water management facilities
within public right of way on the south side of the 1800 block of W. 20'" Avenue, per the
attached, with the following conditions:
1. The Petitioner shall follow all of the current edition of the Standard Specifications
for City of Oshkosh, Wisconsin for construction, along with all Municipal Code
requirements.
2. The Petitioner shall work with the Department of Public Works regarding the
precise location of the storm water management facilities within the public right-
of-way. The Department of Public Works shall approve the precise location(s), but
the approval shall not be unreasonably denied.
3. Petitioner shall provide copies of information and materials related to the storm
water management facilities within City right-of-way.
Exhibit t ��
OCTOBER 8, 2019 19-543 RESOLUTION
CONT'D
4. Petitioner is responsible for costs, expenses, and damages to the extent they are
related to Petitioners activities pursuant to the Privilege in the Street. Any problem
that may arise as a result of the installation of the storm water management
facilities be the responsibility of the petitioner to correct in coordination with the
Department of Public Works.
5. All appropriate permits, including but not limited to right-of-way permits, are
obtained prior to the start of the storm water management facility placement.
6. The petitioner/owner secures and submits to the City Clerk a separate insurance
policy which names the City of Oshkosh, and its officers, Council members,
agents, employees and authorized volunteers as additional insured's with a
minimum commercial general liability coverage of $200,000 per occurrence and
$500,000 in general aggregate.
7. It is the responsibility of the petitioner/owner to file in a timely manner a new
insurance certificate with the City Clerk upon expiration of an existing certificate.
Failure to do so may result in the revocation of the privilege in street within ten
(10) days of notice.
8. The petitioner shall enter into a privilege in the street agreement that will formalize
the agreement between the City and the petitioner. The agreement shall include
these conditions, and City staff is also authorized to include additional conditions
that are in the best interests of the City.
9. The facility is part of and documented with Digger's Hotline system.
10. The Petitioner shall take into consideration the City's use of the right-of-way and
as a result plan its actions to provide the least amount of disruption that is
reasonably possible.
Exhibit 6 z 6�-z
27.71'
r
r,
NW CORNER NE
OF LOT 4
EASTERLY RIGHT-OF-WAY
UNE OF INTERSTATE "41"
20TH, AVEhL E
N86-04108.E
48.86'
N87'A
PRIVILEGE IN THE 1
EXHIBIT
W28"W` SOUTH RIGHT-OF-WAY
594.16' LINE OF W. 20'IH AVENUE
i4T-4
CSW. N_0_ 5964
S51 *10'28"E
22.73'
25.68'
i00'49'01 "W--rl
P.o.e. L
44.66' NE CORNER (Wyi
OF LOT 4 CI
v
i
�v
Lu WEFT ELLEROF-WAY J'
LUTE OF KOELLER STREET ,
wl
of
YI
A PRIVILEGE LOCATED WITHIN THE W. 20TH AVENUE RIGHT-OF-WAY, BEING A PART OF THE SOUTHWEST 1/4
OF THE SOUTHWEST 1/4 OF SECTION 27 AND 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 NORTH 88'-36'-28" WEST ALONG THE NORTH LINE OF SAID LOT 4 (SAID: LINE ALSO BEING THE
SOUTH RIGHT-OF-WAY LINE OF W. 20TH AVENUE), A DISTANCE OF 594.16 FEET TO THE NORTHWEST CORNER
OF SAID LOT 4; THENCE NORTH 27'-30'-05" EAST ALONG THE NORTHERLY EXTENSION OF A WESTERLY LINE
OF SAID LOT 4, A DISTANCE OF 27.71 FEET; THENCE NORTH 82'-56'-09" EAST, A DISTANCE OF 97.49
FEET; THENCE NORTH 79'-29'-13" EAST, A DISTANCE OF 86.32 FEET; THENCE NORTH 86'-04'-06" EAST, A
DISTANCE OF 48.86 FEET; 114ENCE NORTH 8'"-43'-19" EAST, A DISTANCE OF 325.21 FEET; THENCE SOUTH
57-10'-28" EAST, A DISTANCE OF 22.73 FEET; THENCE SOUTH 2G'-02'-07" EAST, A DISTANCE OF 25.68
FEET TO THE NORTHERLY EXTENSION OF AN EAST LINE OF SAID LOT 4; THENCE SOUTH 00'-49'-Ot" WEST
ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 44.66 FEET TO THE POINT OF BEGINNING.
SAID PRIVILEGE CONTAINS 35,452 SQUARE FEET.
100' 0 100, 200'
1"= 100'
SCALE FEET
Exhibit LLF
DATE., SEPTEMBER 17. 2019
Elap, Owl
XCEL Ak�ysaSeMw Plm
10ND OU LAif ERNE
"M OU IC, WI S033
ENGINEERING., m („4�
SURVEYING GROUP
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.71'
w
W_ 20TH AVENUE
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22.73',
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PRIVILEGE IN THE STREET S20'02'07"E w
EXHIBIT 25.68'
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20TH
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OF LOT 4ER P•O,B.,
NE CORNER
SOT 4 OF LOT 4
CSl�1 a0_ B54 WEST Pop{T-OF-WAY
EASTERLY RIGHT-OF-WAY LINE OF WELLER STREET
LINE OF INTERSTATE 141"
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A PRIVILEGE LOCATED WITHIN THE W. 20TH AVENUE RIGHT-OF-WAY, BEING A PART OF THE SOUTHWEST 1/4
OF THE SOUTHWEST 1/4 OF SECTION 27 AND 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 NORTH 88'-36'-28" WEST ALONG THE NORTH LINE OF SAID LOT 4 (SAID LINE ALSO BEING THE
SOUTH. RIGHT-OF-WAY LINE OF W. 20TH- AVENUE), A DISTANCE OF 594.16 FEET TO THE NORTHWEST CORNER
OF SAID LOT 4; THENCE NORTH 27'-30'-05" EAST ALONG THE NORTHERLY EXTENSION OF A WESTERLY LINE
OF SAID LOT 4, A DISTANCE OF 27.71 FEET; THENCE NORTH 82'-56'-09" EAST, A DISTANCE OF 97,49
FEET; THENCE NORTH 79'-29'-13" EAST, A DISTANCE OF 86.32 FEET; THENCE NORTH 86'-04'-06" EAST, A
DISTANCE OF 48.86 FEET; THENCE NORTH 87'-43'-19" EAST, A DISTANCE OF 325.21 FEET, THENCE SOUTH
51'-10'-28" EAST, A DISTANCE OF 22.73 FEET; THENCE SOUTH 20'-02'-07" EAST, A DISTANCE OF 25.68
FEET TO THE NORTHERLY EXTENSION OF AN EAST LINE OF SAID LOT 4; THENCE SOUTH 00'-49'-01" WEST
ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 44.66 FEET TO THE POINT OF BEGINNING.
SAID PRIVILEGE CONTAINS 35,452 SQUARE FEET.
100' 0 100, 200'
1"= 100'
SCALE FEET
Exhibit D !or- E
DATE: SEPTEMBER 17. 9n10
Ao
Ahv ys a Behr Plan
EXCEL 1�n
ENGINEERING
SURVEYING GROUP
_PROJECT NO. 1863480