HomeMy WebLinkAboutEasement: Adaptive Properties, LLC 8 4 6 2 2 8 6
Easement Tx:4338743
DOC# 1778535
Document Number Document Title NATALXE STROHMEYER
REGISTER OF DEEDS
THIS Agreement is made this al day of bo r 2011, WINNEBAGO COUNTY,W1
by and between ADAPTIVE PROPERTIES,LLC(Adaptive Properties)Grantor,and RECORDED ON:
CITY OF OSHKOSH,(City) located in Winnebago County,Wisconsin,Grantee, 11/01/201.8 09:05 AM
RECORDING FEE.
1. PURPOSE: The purpose of this Easement granted to the City is to allow PAGE S: 5
the City to use the Easement Property as part of its public sidewalk,traffic
signal, and signage systern. Specifically, the City will install and use
public sidewalk with Americans with Disability Act-compliant features. Recording Area
The Easement will also allow the installation and use of public traffic Name and Return Address
control poles,signals,wiring,and appurtenances,as well as related public City Attorney's Office
sidewalk necessary to access and utilize any traffic control features that PO Box 1130
may be located on the traffic control poles. Oshkosh,WI 54903-1130
2. EASEMENT: Adaptive Properties, its successors and assigns, gives 90304270000
arid grants to the City,and the City accepts,an Easement over,tinder, Parcel Identification Nnmber (PIN)
and through the Easement Property described in this Easement
Agreement and subject to the purposes described in and according to the terms described in this Easement
Agreement.
3. CONSIDERATION: The sum of One and NO/100 Dollars($1.00)and other good and valuable consideration
paid by the Grantee,the receipt and sufficiency of which is acknowledged. The parties agree that a material
consideration for this Agreement is that Adaptive Properties will allow the Easement Property to be publicly
used in return for the City paying the firl I initial costs of these public improvements on the Easement Property.
4. EASEMENT PROPERTY: The Easement Property subject to this Easement Agreement is located in the City of
Oshkosh, Winnebago County, Wisconsin, is described as follows and identified for reference purposes on
Exhibit"A"and Exhibit"B",attached:
That part of the southwest V4 of the northwest 'A of Section 25, Township 18 North,
Range 16 East, in the 311 Ward, City of Oshkosh, Winnebago County, Wisconsin,
described as follows:
Commencing at the northwest comer of Lot I Block 35 Plat of Original 3" Ward;
thence, easterly 15.0 feet along the southerly right-of-way line of East South Park
Avenue;thence,southerly 2.0 feet along a line parallel to and 15.0 feet easterly of the
easterly right-of-way line of South Main Street; thence, 5.0 feet westerly along a line
parallel to and 2.0 feet southerly of the southerly right-of-way line of South Park
Avenue;thence,southwesterly to a point 2,0 feet easterly and 10.0 feet southerly of the
Point of Beginning;thence,5.0 feet southerly along a line 2.0 feet easterly and parallel
to the easterly right-of-way Be of South Main Street;thence,2.0 feet westerly along a
line 15.0 feet southerly of and parallel to the southerly right-of-way line of East South
Park Avenue to a point on the easterly right-of-way line of South Main Street;thence,
15,0 feet northerly along the easterly right-of-way he of South Main Street to the Point
of Beginning.
Said easement contains approximately 87.8 square feet.
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That part of the southwest 1/4 of the northwest 'A of Section 25, Township 18 North,
Range 16 East, in the Yd Ward, City of Oshkosh, Winnebago County, Wisconsin,
described as follows:
Commencing at the southwest comer or Lot 13 Block 35 Plat of Original 3 d Ward;
thence, 7.5 feet northerly along the easterly right-of-way line of South Main Street;
thence,southeasterly to a point on the northerly right-of-way line of East 141h Avenue
7.5 feet easterly of the South Main Street right-of-way line; thence, 7.5 feet westerly
along the north right-of-way line of East 14"Avenue to the Point of Beginning,
Said easement contains approximately 28.1 square feet.
5. CONSTRUCTION ACCESS: The City shall have the right to temporarily access,and use for a limited purpose,a
uniform strip of property five (5) feet in width within Grantor's parcel number 90304270000, outside of but
directly adjacent to the Easement Property,for initial construction and future maintenance and repair purposes.
The City shall have the right to use this temporary access area only for construction and maintenance purposes,and
only for periods reasonably necessary to complete each construction and/or maintenance project. Allowed activity
within the temporary access area shall include the initial construction,as well as subsequent maintenance,repair,
and replacement completed by, or at the direction of, the City. Adaptive Properties is not prohibited from
installing landscaping,fencing,or structures in the temporary access area surrounding the Easement Property that
are otherwise allowed by City Code. The City shall be responsible for returning the temporary
construction/maintenance area to a condition materially similar as existed at the beginning of the
construction/maintenance project. To the extent that the temporary access area is disturbed by the City for these
construction or maintenance purposes, the City may be responsible for grading and seeding, landscape feature
replacement,and/or the repair of concrete or asphalt surfaces within this area upon completion of the City activity.
The City's responsibilities in the temporary access area relate to performing the actual work, while payment
responsibilities for the work will be assessed pursuant to City Special Assessment Policy. Depending on the work
performed,and the terms of the Special Assessment Policy at the time the work is performed,Adaptive Properties
may or may not be assessed and costs related to work in the temporary access area.
6. USE AS EASEMENT FOR PUBLIC PURPOSES: The City shall have the right to access,survey,lay,construct,
use,operate,maintain,repair,replace,relocate,and/or remove sidewalk,traffic poles and signals,concrete bases
and conduit for the traffic control poles and signals,as well as any new,additional,and/or future objects,including
sidewalks for access to these facilities,which may be appropriate for signage or traffic control purposes within the
Easement Property. The determination of traffic controls,signage,and sidewalks that may be necessary for this
intersection shall be at the sole discretion of the City. The City's facilities may be over, under, or through the
Easement Property. Specifically,Adaptive Properties will provide the City with the full benefit of public use of the
Easement Property for public sidewalk, as well as new traffic and pedestrian signals and conduit. Adaptive
Properties may be assessed for costs related to improvements outside the Easement Property and/or for costs
related to future projects related to improvements inside the Easement Property as allowed by City ordinances and
policies. Both parties agree that after the initial installation of the sidewalk, both within and outside of the
Easement Property, all future maintenance, repair, and replacement of this whole sidewalk shall be the
responsibility of Adaptive Properties,its successors and assigns pursuant to all relevant codes,rules,and statutes
pertaining to sidewalks within the City of Oshkosh.
7. CONSTRUCTION/MAINTENANCE: The City shall be responsible for constructing,maintaining,repairing,and
replacing all underground utilities and utility structures within the Easement Property, and for the initial
construction of any public sidewalk areas within the Easement Property. Adaptive Properties shall be responsible
for all aspects of maintenance, repair, and replacement of the public sidewalk in and adjoining the Easement
Property. The City's responsibilities include grading and seeding the Easement Property upon the initial
installation of its facilities,and thereafter upon any maintenance,repair,or replacement of any other utility and/or
utility structure over,under,and through the easement property, Adaptive Properties may be assessed costs of
construction and/or maintenance on the Easement Property as if the improvements were within public right-of-way
and as otherwise allowed or required by the Municipal Code.
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8. INTERFERENCE WITH EASEMENT: Adaptive Properties,its agents or assigns,shall not interfere in any way
with the City's public use of the Easement Property, and in particular shall not alter the slope, elevation, or
vegetation associated with the Easement Property,or install or construct any structures or improvements within 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,and vegetation except as permitted by
the City, Adaptive Properties 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 City's ability to use this
public Easement. If Adaptive Properties fails to remove these structures,materials or objects,the City may remove
them at Adaptive Properties'expense. The City's written consent will be required before any additional Easement
or use of this Easement Property is granted to third parties;except for Adaptive Properties'mortgagee or Adaptive
Properties'successors and/or assigns if the Easement Property is conveyed.
9. USE OF EASEMENT BY OTHERS: Adaptive Properties agrees that the City may temporarily assign the
construction and maintenance rights identified herein 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 shall be conducted in a skillful manner,and that Adaptive Properties'interest in the Easement
Property shall be protected to the same extent as ifthe City itselfwas performing the construction and maintenance,
10. DEFAULT: If either Adaptive Properties 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.
Any party in breach shall have thirty(30)days to cure any actual breach. However,the City may immediately take
any actions it believes is necessary to remedy any situation that materially interferes with the lawfal use of the
Easement Property and/or poses a danger or hazard to the public.
11. TERM: This Easement is being granted in perpetuity for public purposes and uses, both current and future,
without regard to the City'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 Adaptive Properties and to the City, their respective heirs,executors,administrators,successors,
assigns,and legal representatives.
12. WAIVER: No delay or omission by any party 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 teen or condition of this Easement Agreement,
13. INVALIDITY: If any term or condition of this Easement Agreement, or the application of this Easement
Agreement to any person or circumstance,shall be declared by a court of competent jurisdiction to be invalid or
unenforceable,then the remainder of this Easement Agreement shall remain valid and enforceable to the fullest
extent permitted by law.
14, NO THIRD PARTY BENEFICIARY: The terms of this Easement Agreement are for the benefit of the two parties
identified, as well as their successors and assigns,and it is not the intention of either Adaptive Properties or the
City that third-parties acquire contractual claims through this Easement Agreement.
15. 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 for its public actions as contained within
Wisconsin law. Municipal inuminities 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 Grantee and are attached 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,
regardless if the claim is based in contract or toil law.
16. 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 Easement 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.
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17, 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 TILE GRANTOR:
Adaptive Properties
c/o Randall L Davis
1302 S.Main Street
Oshkosh, WI 54902-6518
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O.Box 1130
Oshkosh,W1 54903-1130
18. AUTI IORITY: 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 Easement Agreement on behalf of the City,
Adaptive Properties affirms that he has the authority without limitation to enter into this Easement Agreement.The
undersigned assert and afru-m that they have they have the authority without limitation to enter into this casement
agreement on behalf of their respective party.
IN WITNESS WHEREOF,the parties set their hand and seal the day and year first above written,
GRANT
R all Davis,A p iv- ro rties,L
STATE OF WISCONSIN
)ss.
WINNEBAGO COUNTY
Personally came before me this ... day of 2A the above named Randall L. Davis of Adaptive
Properties, LLC,to me known to be such person who ex cute the 6regoing instrument and acknowledged the same, for the
purpose herein contained.
..........
2NotaryPu olfi, st te of W s c�jn,,,
e
ssion pit, s:
GRANTEE
CITY OF OSFIKOSH
rark A. Rohloff,City
- a- r
...... -
"Aim
By: mALL
R Paela . Ubrig, ity Clerl
4
,hily 27, 2017
STATE OF WISCONSIN
)ss.
WfNNEBAGO COUNTY
Personally care before me this day of CA-O PO 10. the above named Mark A. Roldoff and Pamela R.
Ubrig of the City of Oshkosh,to me known to be such persons who executed the for,4gorng instrument and acknowledged the
same,for the purpose herein contained.
Notary Public,State of Wisconsin
My Commission expires:_w4w�:e_
AP'` OVER 11 FO
sou
DRAFTED BY:
Attorney David J. Praska
Deputy City Attorney
Oshkosh, Wisconsin
.C..O.N.-$,EN".1',O.F-.MOIt'I'GAGEE
The undersigned, being the holder of a mortgage against the property which includes the identified and described as
"Easement Property"and temporary construction easement described in this Easement Agreement,consent to the grant of the
Easement set forth above for the sole purpose of subordinating its interest in the Easement Property to the conveyance of this
Easement.
Fox
Valley........ ....... Savings BPk
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....................................
Dh�na( me_.Dt rttg e
By:
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(signature) (title)
Matthew G. Bakalars, .d.ent
(print nave) (print title)
STATE OF�,k)t I
�k�)(hoe, COUNTY
44,
Personally came before me this —day of Ue 20 12,the above named JA_ (Alk GI f, C, V 7)(110,11)
(signator)of [' d4lel
........... (Mortgagee),to me known to be such persons who executed
the foregoing instrument and ackAowledged the same, for the purpose herein contail d.
Not "P lie, St"'Ite of L'Al
My tom issien exjnres�
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