HomeMy WebLinkAboutTermination of Easement Interests- WI Central Ltd. RailroadAr
Notice of Termination of
Easement Interests
CITY OF OSHKOSH, intends through this document to declare
of certain easement rights:
1. Wisconsin Central Ltd. railroad conveyed fee title to numerou
properties in varying locations throughout the City of Oshkosh to th
City, while reserving certain easement allowing the continue
operation of certain tracks over and through the property conveyec
The property was conveyed through a Quit Claim Deed date
December 28, 1993, and recorded with the Winnebago County
Register of Deeds on February 21, 1994, as Document Number
867830. A copy of the Quit Claim Deed with reserved Easement
pertaining to the property relevant to this document is attached as
Exhibit A.
Tx:4432051
DOC#1813614
NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
04/08/2020 10:32 AM
RECORDING FEE: 30.00
PAGES: 12
Return Address
City Attorney's Oftice CH6
PO sox 1130 Oshkosh. W154903-1130 0148
90102020000,90102000200,
90102220300
Parcel Identification Number {PIN}
2. The Easement reserved by Wisconsin Central Ltd. allowed the railroad to continue using its tracks
appurtenances and to conduct common carrier operations over and through the property conveyed to
City.
3. After the aforementioned property was conveyed to the City, Wisconsin Central Ltd. or their success
in interest abandoned and removed their tracks and appurtenances. After state and federal law transfer
the interests in the abandoned railroad rights -of -way to the State of Wisconsin, the state then assigned
interests in the abandoned railroad right-of-way to the City of Oshkosh. This assignment is dated Decem
16,1994, was recorded with the Winnebago County Register of Deeds on December 20,1994 as Docum
Number 894258, includes the property subject to the easement noted above, and is attached as Exhibit
4. The City, as the successor entity via the State of Wisconsin to the railroad -controlled property subject
the Easement identified in Exhibit A, herein releases, terminated, abandons, and declares null and void t
Easement benefits, burdens, and rights reserved in the Quitclaim Deed attached as Exhibit A.
5. The City's assertions and actions identified in this document shall apply in particular to the propert
currently owned by the Redevelopment Authority of the City of Oshkosh more particularly described as:
Lot 2 of Certified Survey Map No. 6553, recorded in the office of the Register of
Deeds for Winnebago County, Wisconsin, on August 5, 2011, in Volume 1, page
6553, as Document No. 1577796, being a re -division of all of Certified Survey Map
No. 6506, being a part of the Southeast '/a of the Northeast'/4 and part of the
Northeast'/4 of the Southeast %4 of Section 23, Township 18 North, Range 16 East,
First Ward, City of Oshkosh, Winnebago County, Wisconsin.
e A,
Lot 2 of Certified Survey Map No. 7150, recorded in the office of the Register of
Deeds for Winnebago County, Wisconsin on October 7, 2016, in Volume 1, page
7150, as Document No. 1724920, being a re -division of Lot 4 of Certified Survey
Map No. 6553, being a part of the Southeast %4 of the Northeast'/4 and part of the
Northeast'/4of the Southeast'/4 of Section 23, Township 18 North, Range 16 East
of the Fourth P.M., First Ward, City of Oshkosh, Winnebago County, Wisconsin.
Lot 3 of Certified Survey Map No. 7068, recorded in the office of the Register of
Deeds for Winnebago County, Wisconsin on March 28, 2016, in Volume 1, page
7068, as Document Number 1709684, being a re -division of Lot 2 of Certified
Survey Map No. 6408, being a part of the South'/2 of the Northeast %4 and part of
the North'/2 of the Southeast'/4 of Section 23, Township 18 North, Range 16 East
of the Fourth P.M., First Ward, City of Oshkosh, Winnebago County, Wisconsin.
Dated this i ST day of Apr � I , 2020.
CITY OF OSHKOSH
Mark A. Robloff, City Manager
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Pamela R Ubrig, City Clerk
Personally came before me this 1 ST day of Apt, i 1 2020, the above named Mark A. Rohloff and Pamela R Ubrig, of the
Redevelopment Authority 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, 4 f,'•
N116tary Public4Sdte of Wisconsin '
My Commission Expires:J'2115/2023
Drafted by: �`'• 't
David J. Praska, Deputy City Attorney
Oshkosh, Wisconsin
-TRANSFER
ftJrP,Si
CCOE
QUITCLAIM DEED
WITNESSETH that, for and in consideration of Ten Dollars
($10.00) and other good and valuable consideration, in hand paid,
WISCONSIN CENTRAL LTD., an Illinois corporation ("Grantor" or
"WCL"), with its main offices located at 6250 N. River Road,
Rosemont, IL 60018, doer hereby GRANT, CONVEY AND QUIT CLAIM
(subject to the approval of the United States Interstate Commerce
Commission and the Wiscor+>.in Department of Transportation) to the
city of Oshkosh, WI, a Wisconsin municipal corporation
("Grantee"), with its main offices located at City Hall, Oshkosh,
WI, all its right, title u*id interest in and to the lands and
property more fully described on the attached Schedule A
("Realty"),
Excepting and reserving, however, unto Grantor, its succes-
sors, assigns, grantees, lessees and licensees, forever, 1) an
exclusive and perpetual easement for the maintenance, use,
operation, repair and renewal of a railroad right-of-way,
including, without limitation, the unconditional right to conduct
rail common carrier operations and activities to the extent and
in the manner Grantor determines is in .its interest or is
required pursuant to the Interstate Commerce Act, 2) the
ownership of all coal, oil, gas, casinghead gas, metals, rock and
all minerals of every kind and nature, in, on or under the
surface of the Realty, together with the full right, privilege
and license at any and all times to enter upon the Realty to
explore or drill for, and to protect, conserve, mine, drill,
take, remove and market any and all such products in any manner
which will not interfere with Grantee's use of the Realty surface.
and 3) the right -to protect, maintain, operate, and use any and
all existing drainage, drive -ways, conduits, sewers, water mains,
gas lines, electric power lines, signal boxes, communication
lines, poles, wires and other utilities, and recorded easements
of any kind whatsoever on the Realty, including the repair,
reconstruction and replacement thereof.
Oshkosh hereby acknowledges that i'.. is accepting WCL's grant,
conveyance and quit claim of the Realty subject to the good faith
determination that such grant, conveyance and quit claim does not
require the prior approval of the United States Interstate
Commerce Commission. In the event tLat the Interstate Commerce
Commission determines that the grant to Oshkosh made herein
.renders Oshkosh subject to regulation under the Interstate
Commerce Act, WCL hereby acknowledges its obligation, at
Oshkosh's option, to accept Oshkosh's grant, conveyance and quit
claim of the Realty (subject to the approval of the United States
Interstate Commerce Commission) (the "Reconveyance"). In the
event Oshkosh elects to make such Reconveyance, Oshkosh shall pay
to WCL Ten Dollars ($10.00) and the identical additional good and
valuable consideration paid by WCL hereunder, in consideration
for such Reconveyance.
Exhibit A lord
In Witness Whereof, Grantor has caused this Quitclaim
Deed, upon authorization, to be executed by Walter C. Kelly, its
.i Vice President Finance, and to be duly attested to by Catherine
D. Aldana, its Assistant Secretary on December irk 1993.
ATASeiDa =:
Catherine
D. Aldana
Assistant
Secretary
3
Wisconsin Central Ltd.
Syly e,A
Walter C. KelWalter C. Kel y
Vice President Finance
Exhibit A a ov?
State of Illinois)
) ss
County of Cook )
Before me, a notary public in and for the above county in
the state aforesaid, personally appeared Walter C. Kelly and
Catherine D. Aldana who acknowledged that they are, respectively,
the vice President Finance and Assistant Secretary of Wisconsin
Central Ltd. and that, as such, being duly authorized so to do,
they executed the foregoing quitclaim deed on behalf of that
corporation for the purposes therein contained.
Given under my hand and notarial seal this December 2$;�
1993.
"tTF!"11L SEAL"
�SAf;.";�t F. RU58 _
Na;ary PaS6c, "•ale of NBnete Note Public
hit Ceel �h 1. f� dtee 8113188
My commission e
This instrument prepared by
and, after recording, r+etusu_#o,
Edward E. Soderstrom II
Wisconsin Central Ltd.
P.O. Box 5062
Rosemont, IL 60017-5062
3
Exhibit A ���
Schedule A
Title Description
Exhibit �aP�
Parcel 4
All that right-of-way owned by Wisconsin Central Ltd. located in part of Lots
0 and I of Block "D"of the WESTERN ADDITION to the City of Oshkosh, said
right-of-way runs from the water's edge of the Fox River Northeasterly to the
South right-of-way line of Marion Street and lies adjacent to and contiguous
with the Easterly right-of-way line of now vacated Dawes. Street and extends
easterly to a line 25 feet Easterly of and parallel with the old location of
the main line as measured at right angles to said main line.
Also: all the right-of-way lying in Lots 1, 2, 3, 4 and 5 of Block "E"
in the WESTERN ADDITION to the City of Oshkosh, vacated Hancock Street and
Lots 4, 30, 29, 28, 6, 7, 8, 9, 10, 11 and 12 of Block "F" of the WESTERN
ADDITION to the City of Oshkosh, said right-of-way extends from the Northerly
line of Marion Street Northeasterly to the East line of Lot 9 of Block "F";
the right-af-way then continues as the Northerly 30 feet of Lots 13, 14, 15
and 16 of said Block "F"; said 30 feet extends across vacated Jay Street to
the Westerly line of Lot 1 of Block "B" in said WESTERN ADDITION to the City
of Oshkosh; Alsc including all that part of the Southerly 1/2 of vacated
Warren Street, which may have been added to said right-of-way.
Also: that part of Lots 1 and 11 of said Block "B""more fully described
as follows: beginning at a point on the Westerly line of said Lot 1; thence
-5-
Exhibit A 5,,o
Northerly along the Westerly line of Lot 1, a distance of 30 feet; thence
Easterly along the Northerly line of Lot 1 and 11, a distance of 180 feet to
the common corner between Lots 11 and 10; thence along the arc of a curve in
said right-of-way Southwesterly to a point on the West line of said Lot 1;
thence Northerly along the Westerly line of said Lot 1 a distance of 58.7 feet
to the point of beginning; also including all that part of the Southerly 1/2
of vacated Warren Street which may have been added to said right-of-way.
Also: all of Lots 10, 19 and 20 and all those parts of Lots 7, 8, 9, 11,
16 and 17 of Block 18 all in FLETCHER AND STRONG'S SUBDIVISION of Lot 6, Block
18 in the First Ward of City of Oshkosh according to the recorded plat
thereof, lying Northerly of a straight line running Southeasterly from the
Northwest corner of said Lot 17 to the most Easterly corner of said Lot 8.
Also: all of Lots 52, 53, 54, 55, 56, 57, 60 and 61 and part of Lots 62,
63 and 64 all in Block 303, FLETCHER'S SUBDIVISION of part of Block 6 and 50,
City of Oshkosh, lying Northerly of a line running parallel with and 35 feet
distant Southerly (measured at right angles) from the Wisconsin Central Ltd.
main line track as the same is now located, maintained and operated over and
across said Block 303.
Excepting therefrom that part of Lots 56 and 57 in Block 303, FLEFCHER'S
SUBDIVISION OF PART OF BLOCK 6 AND 50, First Ward, City of Oshkosh, bounded
and described as follows: Beginning at the point of intersection of the
Westerly line of said Lot 56 and a line running parallel with and 40 feet
distant Northerly (measured at right angles) from the centerline of the
Exhibit A LbF7
86'7830
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%�F DEEDS
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13
Exhibit A i�?-
STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION
STATEMENT OF ASSIGNMENT OF INTEREST
UNDER SECTION 85.09, WIS. STATS.
TO WHOM IT MAY CONCERN:
This 's to inform you that the State of Wisconsin, Department of Transportation, hereby
assigns to the ;.ity of Oshkosh any interest or right it may have by virtue of Section 85.09, Wis.
State., as created by Chapter 34, Laws of 1979 and amended by 1985 Wisconsin Act 29 and 1993
Wisconsin Act 16, in property identified as being:
Various parcels or strips of lands as previously used for railroad right-of-way purposes, all
located in Town 18 North, Range 16 East, Town of Oshkosh and City of Oshkosh,
Winnebago County, Wisconsin, described as follows:
Town of Oshkosh
A s rip of land 100 feet wide centered on the railroad track centerline (now removed), being
part of the southeast '! of the southwest ''A of Section 3, bounded on the South by the South
line of said Section 3 and bounded on the North by the South line of lands conveyed by
Chicago and Northwestern Transportation Company to Winnebago County on December 4,
1973, by "DEED NO." 78356.
A parcel of land being part of the south 'k of the southeast k of the southeast 'h of the
southwest '/a, Section 3, as described in Volume 211, page 608, excepting therefrom that part
which was conveyed by Chicago and Northwestern Transportation Company to Winnebago
County on December 4, 1973, by "DEED NO." 78356.
City of Oshkosh
A strip of land 50 feet wide, being part of the northeast '/a of the northwest 'A (Government
Lot 2), and part of the northwest '/4 of the northeast 't, and part of the southwest % of the
northeast iA (Government Lot 3), Section 10, all as described in Volume 1226, page 620 as
parcel two.
A strip of land in part of Government Lots 4 and 5, Section 10, all as described in Volume
A1226, page 518, Winnebago County Register.
A strip of land 100 feet being centered on the existing railroad track centerline in the Oshkosh
Cemetery being part of Government Lots 4 and 5, Section 10, bounded on the north by lands
described in Volum&f226, page 618, and bounded on the south by the south line of said
Section 10, Winnebago County Register.
A triangular p el of land, being part of Lot 8, Block 105, LEACH'S MAP of 1984, all as
described in -Volume 341, page 219, per Winnebago County Register.
A strip of land 60 feet wide, being part of Lot 8, Block 105, LEACH'S MAP of 1984, all as
described in -Volume 32, page 321, per Winnebago County Register.
Exhibit lb-c
A strip of land 16 feet wide and 30 feet wide, being all of Outlots 1, 2, 3, 4, 7, 8, 9, 10, 12,
13, 16, 19, 20 and 21 of RIVER MILL SUBDIVISION and the north 1h of Congress Avenue
adjacent to said Outlot 21.
A strip of land 12 feet wide, being part of Lots 22 and 23 of ASSESSOR'S PLAT (AXLE),
all as described in�V'olume 86, page 197, per Winnebago County Register.
A strip of land 12 feet wide, being part of Lots 10, 11, 12 and 13 Block 48 of JACKSON's
SUBDIVISION OF PART OF BLOCK 48, all as described inhume 86, page 186, per
Winnebago County Register.
A strip of land 12 feet wide, being part of Lots 1, 8 and 9 of JACKSON'S SUBDIVISION
OF PART OF BLOCK 48, all as described in Volum&*f6, page 199, per Winnebago County
Register.
A strip of land 12 feet wide, being part of Lot 7 of JACKSON'S SUBDIVISION OF PART
OF BLOCK 48, all as described it o'lume 86, page 190, per Winnebago County Register.
A strip of land 12 feet wide, being part of Block 49 LEACH'S MAP, all as described in
✓Volume 86, page 188, per Winnebago County Register.
A strip of land 12 feet wide, being part of Lots 1, 2, 3, 4, 5 and 6, Black "P" WESTERN
ADDITION, all as described inVolmne 86, page 198, per Winnebago County Register.
A strip of land 12 feet wide, being part of Lot 7 Block "P" WESTERN ADDITION, and part
of Lot 3 Black "N" WESTERN ADDITION all as described inWbolume 86, page 192, per
Winnebago County Register.
A strip of land 12 feet wide, being part of ASSESSOR'S PLAT (AXLE) and part of
DORRANCE'S SUBDIVISION OF LOT 1 BLOCK I I I as described in the lease agreement
dated November 26, 1873 between Oshkosh Transportation Company and the Chicago and
Northwestern Railway Company and recorded with the Secretary of State.
A strip of land 12 feet wide, being part of Lots 13, 14, 15, 16, 17, 18 and 19 and Marion
Street in Block "N" WESTERN ADDITION all as described in oiume 86, page 184, and
✓4olume 331 page 246 per Winnebago County Register.
A strip of land 12 feet wide, being "part" of Lots 1, 2, 3, 4 and 5 and part of Marion. Street
in Block "D" WESTERN ADDITION all as described inhume 86, page 200, per
Winnebago County Register.
A strip of land 12 feet wide, being "part" of Lots 6 and 7 Block "D" WESTERN ADDITION
and "part" of Lots 11 and 14 Brack "E" WESTERN ADDITION and part of Marion Street all
as described inhrolume 86, page I89, per Winnebago County Register.
A strip of land 12 feet wide, being "part" of Lots 8, 9, 10, 11, 12, 13 and 14 Brock "D"
WESTERN ADDITION and part of Marion Street all as described in06alume 86, page 193,
per Winnebago County Register.
A strip of land 12 feet wide, being "part" of Lots 1, 2, 3, 4, 5, 6, 7 and 8 Block "A"
WESTERN ADDITION and part of Marion Street all as described inYioiume 86, page 191,
per Winnebago County Register.
Exhibit � a0f3
The southwesterly 14 fect of Lots 3 and 4 Block "C" WESTERN ADDITION and
northeasterly 44 of vacated Marion Street adjacent to said Lots 3 and 4.
The southwesterly 14.35 feet of Lots 19, 20, 21, 22 and 23 of the southwesterly ik of Lot 24
Block "G" WESTERN ADDITION and northeasterly lh of vacated Marion Street adjacent to
said Lots.
Signed at Madison, Wisconsin, this ijV day of 1994.
Witnessed By:
Z6— e� —
m epartment o raF nsportation
n H. Evans, Administrator
Division of Transportation Assistance
On this � day of l ns 2 , 1994, before me b4 n A-VAWS the undersigned officer of
the State of Wisconsin, known to me to be the person described in the foregoing instrument, and
ackn,Aw�edged that he executed the same in the capacity therein stated and for the purposes therein
In yvi Nrre6', I her nto set my hand and official seal. .
& My Commission Expires: 31, (o�
71
onPic
Danee Countbl\ ; Drafted by the Wisconsin Department
of Transportation
VLS:tjr.19784
t�
RetllstW9 Offfae
Winnebago County, Wis. 7j
Racsi d for record CD
Day of
C�A_.D.19 t
'Z)oo'cioc M 00
REGISTM OF DEEDS
�y
15
Exhibit Jf