HomeMy WebLinkAboutEasement- Vienola Properties LLCEasement 8580374
Tx:4427242
m..._ DOC# 1812013
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THIS INDENTURE, made this a— day of � 34 -k
by VIENOLA PROPERTIES, LLC, a Wisconsin Limit d Liability Cor
Grantor, and CITY OF OSHKOSH, a municipal corporation, located in Wim
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 ovi
under, and through the land hereinafter described.
NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
03/16/2020 11:05 AM
RECORDING FEE: 30.00
PAGES: 7
and Return Address
City Attorney's Office
PO Box 1130
Oshkosh. WI54903-11
91400730102
1. PURPOSE: The purpose and use by Grantee of the Easement Parcel Identification Number (PIN)
Property described in this document shall be to install traffic control
and lighting control cabinets and related equipment and protective devices, including bollards.
2. PROPERTY: The overall Property within which this Easement located is described as follows:
See Legal Description attached as Exhibit A
PIN: 91400730102
Street Address: Oregon Street, Oshkosh (vacant, no street address)
3. EASEMENT PROPERTY: The traffic control and lighting control cabinets and electric service shall be
constructed, operated, and maintained within an Easement over, under, and through a certain tract of land
situated in the City of Oshkosh, Winnebago County, Wisconsin, (Easement Property), and described as
follows:
See Legal Description attached as Exhibit B
4. LOCATION OF EASEMENT: A map identifying the location of the Easement for the traffic control and lighting
control cabinets and electric service is attached and incorporated into this Easement Agreement as Exhibit C.
5. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property as described in
this Easement Agreement.
6. USE AS EASEMENT FOR TRAFFIC CONTROL AND LIGHTHING CONTROL EQUIPMENT: The Grantee
will be installing traffic control and lighting control cabinets, electrical service, meters, bollards, cabinet bases, wh
conduit and related equipment facilities. Grantee shall have the right to fully use the Easement Property for all
purposes associated with this equipment. The Grantee's use of the Easement Property will be subject to all applica
rules and regulations for those uses. The Grantee shall have the right to access, survey, lay, construct, use, operate,
maintain, repair, replace, relocate, and/or remove the allowed equipment, and all appurtenances related to this
equipment, that may be appropriate for the stated purpose of this Easement.
7. CONSTRUCTION/MAINTENANCE: Grantee will install at its expense the footings, foundations, cabinet bases,
wires, meters, conduits, electrical services, structures, and appropriate related equipment and facilities on the
Easement Property. The construction and installation shall be according to Grantee's specifications and at its
discretion. Once traffic control and lighting control cabinets and electric service is installed, Grantee will be
responsible for all of its subsequent maintenance, repair, and replacement, except to the extent caused by the willful
16, 2019
or negligent actions of Grantor. Grantor shall retain all maintenance obligations for any grass, snow and ice
surrounding the decorative landscaping within the Easement Property.
8. INTERFERENCE WITH EASEMENT: The Grantor, its agents or assigns, shall not interfere in any way with the
Grantee's use of the Easement, and in particular shall not alter the vegetation, hard surface, or other improvements
associated with the Easement Property. Grantor shall not install or construct any structures or improvements within
the Easement Property. Grantor shall not place, pile, or move snow or ice on to the Easement Property. Prohibited
structures or improvements include, but are not limited to, temporary or permanent building structures, driveways,
parking areas, sheds, change in elevations, vegetation except grass, landscaping, and fences. Grantor shall be
expected to promptly remove any materials or objects it is directly, or inadvertently responsible for locating in the
Easement Property and interfering with the use of the Easement Property. If Grantor fails to remove these improper
materials or objects, Grantee may remove them at Grantor's expense.
9. CONSTRUCTION: Grantor grants to Grantee certain temporary, limited construction access easement rights that
may be exercised by Grantee during any construction, inspection, maintenance, or repairs, whether during the initial
installation or future activities. During these construction, inspection, maintenance, and/or repairs, the Grantee may
use an area with a uniform width of five (5) feet adjacent to the Easement Property and within the Grantor's overall
Property. Grantee's use of this construction access shall be limited to that time reasonably necessary to carry out the
required Easement -related activities, and limited to access for those activities related to the purpose of this Easement.
Grantee shall repair any damage to this temporary access to the extent caused by Grantee's use of this area. Grantor
shall not install any structure or landscaping within this area that would materially limit Grantee's ability to access the
Easement Property during construction activities.
10. USE OF EASEMENT BY OTHERS: The Grantor and the Grantee agree that the parties may temporarily assign the
construction and maintenance rights identified herein to any contractor, third party, or other assignee who
demonstrates a sufficient competence and gives adequate assurances that any work to be performed in or around the
Easement Property will be conducted in a skillful manner, and that the parties' interests in the Easement Property
shall be protected to the same extent as if the respective party was itself performing the construction and maintenance.
11. 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
thirty (30) days to cure any actual breach. However, Grantee may immediately remedy any circumstance when it
believes that the circumstance materially interferes with the lawful use of the Easement Property and/or poses a
danger or hazard to the public. The cost of such remedies shall be the responsibility of the party causing the
circumstance to arise.
12. TERM: This easement is being granted in perpetuity for public purposes and uses. The Easement shall only be
considered abandoned or vacated upon the official action taken by the City. 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 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, the remainder of this Easement 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 Easement 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 through this Easement Agreement.
July 16, 2019
16. MUNICIPAL LIABILITY: Nothing in this Easement 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 by the Grantor and incorporated into this
agreement by the municipality and its agents, offices, and employees. Such limitations and immunities shall apply to
any dispute related to this Easement Agreement, even if the statutory and/or common law limitation is based upon a
tort.
17. GOVERNING LAW: This Easement 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 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:
Vienola Properties, LLC
Attn: DavidJ. Vienola
1921 Nebraska Street
Oshkosh, WI 54902
FOR THE GRANTEE:
City of Oshkosh
c/o Director, Dept. of Public Works
P.O. Box 1130
Oshkosh, WI54903-1130
19. AUTHORITY: The 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 Easement Agreement on behalf of the Grantee.
Grantor affirms that it has 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 the Grantor.
SIGNATURE PAGE(S) FOLLOW
3
July 16, 2019
IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year fast above written.
GRANTOR
VIENOLA P TIES, L
By:
DavZT. V16fiola, Managing Member
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
a2aa20
Personally came before me this a �* day of Feh�, 2049; the above named David J. V ienola, tome known to be
such person who executed the foregoing instrument and ackn wledged the same, for the purpose herein contained.
GRANTEE
CIT
By:
By:
STATE OF WISCONSIN )
Notary Public, Stfite of Wisconsin
My Commission expires: 1011 ]01 3_
'patriCK, ^ssl-Cl1,1 mcmckger
) ss.
WINNEBAGO COUNTY )
ZC, Jahn FitZpatri CK Angelo'
Personally came before me this 9th day of MarC)n , 20`;@, the above named MarlvPr-. 46ehleff and Panwk-R-.— l6ec1 e
-Hbiig 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 c, St, f Wisconsin
My Commission expires: 19 I 1
•
J• • •
VAX
DRAFTED BY:
Attorney David J. Praska
Assistant City Attorney
Oshkosh, Wisconsin
0
July 16, 2019
Addendum
Legal Description
The East dne Hundred Eighty-nine (189)-feet of the South P ty-four' and Twenty4lve Hundredths (S4.25)
feet of the North One Hundred Eight end One Half (108,5) feet df-the WestThree Hundred Thirty-nine
(339) feet of Lbt Eight (8) In Cottrili, Peaselee & Johnson's Subdivision, in the Fourteenth Ward, City of
Oshkosh, Winnebago County, Wisconsin,
AND
The East Two Hundred (200) feet of the North Fifty-four and Twenty-five Hundredths (54,25) #feet of the
West Three Hundred Fifty"(350) feot of Lot Eight (8) in Cottriil, peaseiee t Johnson's subdivision, In the
Fourteenth Ward, City of tishkash, Winnebago Coprity, Wisconsin.
AND
LotTwo (2) of Certified Survey Map No. 5440 as f ldd in Vol:1 wtified Survey Maps, Page 6440, is,Doc,
No. 2531294; said map being part of'Lot Forty-four (44), according to the recorded Plat of C-6ftrlii,
Peaslee & Job.nston's Subdivision of Lets 1 and 4, iri the Third Ward, City of Oshkosh, Winnebago County;
Wisconsin, per Leach's Map of 1894 and now in the Fourteenth Ward of said City,
AND
The WestThirty (30) fee# of #hat part: of Lot Forty-fodr (44), according to the recorded Plat of Cottrili,
Peaslee 8e Johnston's 5ubdivi4lon of trots 1 & 4, in the Third Ward, in the City of gshkosh, Winnebago
County, Wisconsin, per Leach's neap of 1894 ant! now In the Fourteenth Ward of said City, described as
follows;
Commencing at the Northeast corner of Lest 25 In Andrew Heis's ReQiat, map of which Is regoWed in
Winnebago Count+ Registry lh Volume 6.of Plats, Page 84, thence North along the extended West line of
Nebraska Street, 97.5 feet; thence Westerly 170feet along a line which if extended, would Intersect the
East line of Oregon Street at a point 97.7 feet North of the Northwest dormer of said Andrew Hels's
Replat; thence South, parallel with the extended West line of Nebraska Street to the North line of said
Andres Hels's Replat; thence East along the North line of said Andrew Heies Replat, to the plece of
beginning.
Exhibit lu
Easement for Signal Light Facilities
Parcel14-0073-0102
Vienola Properties LLC
PO BOX 8042
Oshkosh WI 54903
Being a part of original Lot 2 of Certified Survey Map No. 6440 as recorded in Volume 1 of Certified
Survey Maps on page 6440 as Document No. 1531294, located in the Southwest 1/4 of the Southwest
1/4 of Section 25 in Township 18 North, Range 16 East, Fourteenth Ward, City of Oshkosh, Winnebago
County bounded and described as follows:
Commencing at the southwest corner of Section 25, T18N R16E, Thence 1\100"04'57"W, 70.15 feet along
the west line of said Section 25; Thence S88°59'18"E, 30.15 feet to the east line of Oregon Street and
the northwest corner of original Lot 2 of CSM 6440, Thence SOO'01'27"E, 7.00 feet along the west line of
said original Lot 2 and the east line of Oregon Street to the point of beginning; Thence continuing
SOO"01'27"E, 12.00 feet along said west line of said original Lot 2; Thence N89'58'33"E, 6.00 feet
perpendicular to said west line of original Lot 2; Thence NOO`01'27"W, 12.00 feet parallel to said west
line of original Lot 2; Thence S89°58'33"W, 6.00 feet to the west line of said original Lot 2 and the point
of beginning.
Said easement contains 72.00 square feet or 0.0016 acres more or less.
Exhibit � lod