HomeMy WebLinkAboutEasement- Winnebago County Historical and Archeological Society (2) 11,�JINNEBAGO COUNTY HISTORICAL I 8 4 4 9 7 3 5
AND ARCHEOLOGICAL SOCIETY, INC. Tx:4329521
AND THE CITY OF OSHKOSH DOC# 1.774759
NA`Q'ALIE STROHMEYER
Document Number Document Title REGISTER OF DEEDS
INNEBA O COUNTY,NTY," 'I
RECORDED ON:
09/10/ 01 09:. 9 AM
RECORDING FEE:
PACES: 7
Recording Area
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Name and Return Address
City Attorney Office
P 0 Box1130
Oshkosh W 54903-1130
Parcel Identiti Hon Numbers (PIN)
9 '70339000
This instrument drafted by:
Attorney David J.Praska
Oshkosh,W154903-1130
Easement
Document Number Document Title
THIS Agreement is made this 3�41 -day of 2018,
by and between the WTNNE13AGO COUNT V HISTORICAL AND
ARCHEOLOGICAL SOCIETY, INC., Grantor, and CITY OF OSHKOSH,
Grantee,
1 PURPOSE: The Historical Society and City seek to improve public
awareness of,and information about,historical sites. To help achieve this
goal, the Historical Society will grant an Easement to the City on the
Itecoraiug area
Historical Society's Morgan House property so that the City can install an Name and Return Address
historical marker that will benefit the goals of both parties. City Attorney's Office
PO Box 1130
2. EASEMENT:The Historical Society,its successors and assigns,gives and Oshkosh,W1 54903-1130
grants.to the City,its successors and assigns-,and the City accepts,an
Easement over, under, and through the Property described in this 90703390000
Easement Agreement. The City is allowed to use the Easement for Parcel Identification Number (PIN)
purposes related to the historic marker.
3. CONSIDERATION: The sum of One and NOII 00 Dollar($1.00)and other good and valuable consideration,
the receipt and sufficiency are acknowledged. Both parties agree that each is giving and receiving material
benefits exceeding monetary value,
4. PROPERTY:The Historical Society's larger Property on which this Easement is located is described as follows:
Lots 13 and 14 except the North 12 feet of Lot 14;also a part of Lot 16,all in
Block"F"in William W.Wright's Subdivision of part of Block 45 of the City
of Oshkosh,and also part of Block'T'of his Fourth Addition to the City of
Oshkosh,in the Seventh Ward,City of Oshkosh,described as follows,viz:-
Commencing at the most Northerly comer of Lot Five(5)of Block"F"in W.W.
Wright's Fourth Addition to Oshkosh,thence northwesterly parallel to the Northerly
line of Church Street to the West line of said Lot Sixteen(16),thence south to the
Southwest comer of said Lot Sixteen(16),thence east along the South line of said
Lot Sixteen(16)'to the Northwesterly line of said Lot Five(5),thence
northeasterly along the Northwesterly line of said Lot(5)to the place of beginning.
PIN: 90703390000
Street Address:234 Church Avenue,Oshkosh(Historic Morgan House)
5. EASEMENT PROPERTY: The Easement allowing use of Historical Society property by the City for a historic
marker shall be over,under,and through the property identified as the Morgan House Sign Easement in Exhibit
A,attached,and is described as follows:
[SEE"MORGAN HOUSE SIGN EASEMENT',ATTACHED AS EXHIBIT A]
6. LOCATION OF EASEMENT: A map identifying the location the Morgan House Sign Easement is attached and
incorporated into this Agreement as Exhibit B.
7. ACCESS RIGHTS: The City shall have the right to access and use the Easement Property for any purpose
related to the terms and conditions described in this Agreement.
8. USE OF EASEMENT PROPERTY: The City shall have the right to fully use the Easement Property for all
July 20, 2018
purposes associated with its historic marker to be installed. The intended installation will be a bronze historic
marker,with approximate dimensions of twenty-four(24) inches by thirty-six(36)inches mounted on a post
extending above ground approximately three and one-half(3 1/2) feet. The parties may mutually agree to
markers and/or signs of different sizes and composed of different materials. During construction and
maintenance of the historic marker, the City may temporarily use an area on the Historical Society's larger
Property for the limited purpose of facilitating the construction and/or maintenance ofthe historic marker. This
additional,temporary,limited use area shall be a uniform width of five(5)feet adjacent to each boundary of the
Easement Property. The City shall have the right to access,survey,lay,construct,use,operate,maintain,repair,
replace, relocate, and/or remove a historic marker that may be necessary to carry out the purpose of this
Easement Agreement. The installation of the historic marker shall be at the discretion of the City in conjunction
with consultations with the Historical Society.
9. CONSTRUCTION/MAINTENANCE: The City will install at its expense the historic marker. The installation
will include both above and below ground components. The City will be responsible for future maintenance,
repair,and replacement of the historic marker,except to the extent caused by the willful or negligent actions of
the Historical Society. The City will repair damage to the Historical Society's property to the extent caused by
the location of the City's historic marker. Grass will be repaired through grading and seeding. The Historical
Society is responsible for regular maintenance of the grass and vegetation within the Easement Property. Each
party will be responsible for removing materials or objects on the Easement Property that they are responsible
for,whether directly,indirectly,or inadvertently.
10. INTERFERENCE WITH EASEMENT: The Historical Society,its agents or assigns,shall not interfere in any
way with the City's use and purpose of its Easement.
11. USE OF EASEMENT BY OTHERS: The Historical Society agrees that the City may temporarily assign its
ability to access the Easement Property for construction,maintenance,and related purposes to any contractor,
third party,or other assignee who demonstrates to the City sufficient competence and gives adequate assurances
that any work to be performed in or around the Easement Property shall be conducted in a skillful manner,and
that the Historical Society's interest in the Easement Property shall be protected to the same extent as if the City
itself was performing the construction,maintenance, and related activities.
12. DEFAULT: If either the Historical Society or the City 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. The breaching party shall have thirty(3 0)days to cure any actual breach. However,the City may take
immediate action when it believes that conditions materially interferes with the lawful use of the Easement
Property and/or pose an immediate danger or hazard to the public.
13, TERM: The Easement is being granted for public purposes and uses as described in this Agreement for as long
as the Easement Property is being or will be used by the City for an historic marker. The City will notify the
Historical Society in writing when the City has officially decided that it will no longer use the Easement Property
for as a historic marker. The actual termination of Easement rights shall occur at a reasonable time after the City
has officially and permanently ceased using the Easement Property for a historic marker. Each party agrees to
cooperate in providing the other appropriate documentation to reflect the termination of the Easement. The City
shall remove the historic marker at its expense upon the termination of the Easement. 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 Historical Society and the City, their respective subdivisions, heirs, executors,'
administrators,successors,assigns, and legal representatives.
14. 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 one party of an obligation required of the other party shall not be construed to be a waiver
of'any other terms or conditions in this Agreement.
15. INVALIDITY: If any term or condition of this Agreement,or the application of this Agreement to any person or
circumstance,shall be determined to be invalid or unenforceable by a court of competent jurisdiction,then the
remainder of thisAgreement shall remain valid and enforceable to the fullest extent permitted by law.
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July 20, 2018
16.- 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 Historical Society or the City that other persons or entities shall
acquire any claims by or through this Agreement.
17. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the City's right or opportunity
to rely upon the governmental limitations and immunities contained within Wisconsin law. Governmental
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 the Grantee
and are incorporated into this Agreement by the governments and their agents,offices, and employees. Such
limitations and immunities shall apply to any dispute related to this Agreement,even if the underlying statutory
and/or common law limitation is based upon a tort.
18, 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.
19. 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:
Winnebago County Historical
And Archeological Society,Inc.
c/o President
234 Church Avenue
Oshkosh,WI 54901-4748
FOR THE GRANTEE:
City of Oshkosh
c/o Community Development Director
P.O.Box 1130
Oshkosh,WI 54903-1130
20, AUTHORITY: The Historical Society and the City affirm that all necessary boards and elected officials have
approved the granting and acceptance of this Easement Agreement,and that the undersigned have the authority
to sign this Agreement.
SIGNATURE PAGE(S)FOLLOW
DRAFTED BY:
Attorney David J.Praska
Deputy City Attorney
Oshkosh,Wisconsin
3
July 20, 2018
IN WITNESS WHEREOF,said Grantor and Grantee have set their hand and seal the day and year first above written.
GRANTOR
WINNE AGO C UN HIST C L AND CHEOLOGICAL SOCIETY,INC.
By:
Ra y Do ,Presxden
By:
(print name) (title)
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before me this day of 2018, the above named Randy Domer and
,to me known to be such persons)wil�x*ec'-u"i�t foregoing instrument and acknowledged the same,
for the purpose herein contained.
tary Public, State of Wisconsin��--------
My Commission expires:_ '2)
GRANTEE
CITY OF OSHKOSH
By:
jar A.Rohloff,Ci
r
By:
Pamela R.Ubrig, City Clerk
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before me this J1a day of NA04.t '2018,the above named Mark A.Rohloff and Pamela R.
Ubrig of the City of Oshkosh,to me known to beksuchher!66ns who exe ut d the f e omg instrument and acknowledged the
same,for the purpose herein contained.
lic, a of Wisconsssio pines: V�
APPP,nVED T RM:
Lyi4k Lorenso'n,.0y Attorney
4
July 20, 2018
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LINE TABU , t ta�
L1: N01°18'46"W, 1,586.39'
L2: S59°30'59"E, 403.81'
L3: N 14°39'12"E, 10.50' N 1 in=0 mi Printing Date:M9l2018
L4: S75020'48"E, 3.00' 1 in=20 ft Prepared by
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L6: N59030'59"E, 3.12
The City of Oshkosh creates and maintains GIB maps and data for its own use.They may show the
approximate relative location of properly,boundaries and otherfeature from a variety of sources.
These ma*Ydatasets are provided for information purposes only and may not be sufficient or
appropriate for legal,engineering,or surveying purposes. They am provided'AS-IS'without11713
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L1GIS_ProducOanU-,M_Informadonkpamei Editing SDE MaD.mxd User,laffn I "
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MORGAN HOUSE SIGN EASEMENT j
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AN AREA OF LAND LOCATED WITHIN CITY OF OSHKOSH TAX PARCEL NUMBER 0703310000 DESCRIBED_
AS THE WESTERLY PART OF LOT41 THAT MEASURES 95 FEET ON SOUTH LINE AND 111.9 FEET ON j
THENORTH LINE OF BLOCK 45 OF J S SMITHS SUBDIVISION, LOCATED IN THE NORTHWEST''/<OFTHE I
NORTHWEST%OF SECTION 24,TOWNSHIP 18 NORTH, RANGE 16 EAST,CITY OF OSHKOSH,WINNEBAGO
COUNTY,WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE WEST%CORNER OF SECTION 24,TOWNSHIP 18 NORTH, RANGE 16 EAST;
THENCE N01°18'46"W,.1,586.39 FEET ALONG THE WEST LINE OF SAID SECTION,24 TO A;POINT ON THE
EXTENDED NORTH LINE OF CHURCH AVENUE;THENCE S59°30'59"E,403,81 FEET ALONG THE EXTENDED
NORTH AND NORTH LINE OF SAID CHURCH AVENUE TO THE POINT OF BEGINNING;THENCE 1
N14°39'12"E,10,50 FEET;THENCE S75°20'48"E,3.00 FEET;THENCE S14"39'12"W, 11.35 FEET;THENCE
N59°30'59"E,3.12 FEETTO THE POINT OF BEGINNING. SAID AREA CONTAINS 32,78 SQUARE FEET.
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Exhibit bpi
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