HomeMy WebLinkAbout2975 Pheasant Court 06-5727-0000 RECEIVED 133'5 7
Easement �� 17 i $ T x:4520668
DOC# 1849347
Document Number Document Title C I TY C LE R K'S OF 7 T�tLIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
04/22/2021 10:00 AM
RECORDING FEE: 30.00
,y
PAGES: 6
THIS Agreement is made this 11.�hday of hpr i1 ,2021,
by and between David A Mahern and Christina L Mahern,collectively,Mahem or
Grantor,and City of Oshkosh,City or Grantee,
Recording Area
1. PURPOSE: The City and Mahern both seek to improve the City's Name and City trn Address C G�
C Attorney's Office ` se____
public water distribution system while allowing Mahern the use and P.O.Box 1130
enjoyment of their residential property. Oshkosh,WI 54903-1130
2. EASEMENT: Grantor,their successors and assigns,gives and grants 90657270000
to the Grantee, and the City accepts,an Easement over,under,and Parcel Identification Number (PIN)
through the Property described in this Easement Agreement effective on the date of this Agreement.The
Easement may be used for all purposes related to the City's water distribution system. The City intends to
install a water main and appurtenances within the Easement. Mahern shall not construct or install anything
over, across,or under the Easement Property that would interfere with the Easement rights granted in this
Agreement,with the limitations described below.
3. CONSIDERATION: The parties' consideration for this Agreement is the sum of One and NO/100 dollars
($1.00)and other good and valuable consideration,the receipt and sufficiency of which is acknowledged.
4. EASEMENT PROPERTY: The City will install and operate a water main and public water distribution
facilities shall be over,under,and through a part of Mahern's Property in the City of Oshkosh, Winnebago
County,Wisconsin,(`Easement Property"),is described below.
Easement Property Description Attached as Exhibit A
5. LOCATION: A locational map of the Easement Property is attached as Exhibit B.
6. ACCESS RIGHTS: The City shall have the right to access and use the Easement Property for all purposes related to
its water distribution system.
7. USE FOR WATER DISTRIBUTION SYSTEM: The City will use the Easement Property for a public water main
pipe and appurtenances. The City shall have the right to fully use the Easement Property for purposes related to its
water distribution system. The City shall have the right to access the Easement Property to survey, lay,construct,use
operate,maintain,repair,replace,relocate, and/or remove its water main and water distribution facilities.
8. MAINTENANCE: The City shall be responsible for maintenance,repair,and replacement of the water main and all
water distribution facilities on and within the Easement Property. The City shall be responsible for grading and
reseeding grass on the Easement Property when the surface is disturbed because of the City's actions. Ongoing
restoration by the City includes grading and seeding,repairs of erosion,and regrading when those actions are
necessary and as a result of the City's use of the Easement Property. The City's maintenance of its water distribution
facilities shall be at the City's sole discretion. The City's goal is to take reasonable actions to ensure that the public
water distribution facilities within the Easement Property reasonably function according to their design. Mahern is b-
responsible for regular maintenance the surface of the Easement Property, including maintaining and mowing grass.
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March 02, 2021
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9. INTERFERENCE WITH EASEMENT: Grantor,their successors in interest,heirs,agents,or assigns,shall not
interfere with or limit the City's use of the Easement Property. To that end:
a. Grantor shall not install or construct any structures or improvements on the Easement Property. Prohibited
structures or improvements within the Easement Property include but are not limited to temporary or permanent
buildings, sheds,impervious surfaces such as driveways,parking areas for vehicles,boats,campers,or
equipment,or impervious surfaces used for recreation such as basketball or tennis courts,material storage,trees
and shrubs, landscaping,vegetation excluding grass, and fencing. The trees currently within the Easement
Property may remain,but shall not be replaced. No new trees will be allowed to be planted within the Easement
Property. Although the City intends to use reasonable attempts to work around the existing trees,the City
retains the right to remove one or more trees in the future if the trees, including their root structure,conflicts
with the use of the Easement. In those cases,the trees may be removed by the City at the City's expense,but
without any further costs to the City related to removal.
b. Mahern shall not place,pile,or move snow or ice onto the Easement Property. The elevation shall not be
changed without permission of the City. Mahern shall promptly remove any objects,materials, or structures
which interfere with or limit the City's use of the Easement Property, or limit the functioning of the City's water
main and water distribution system as it is designed. If Mahern fails to remove these materials or objects
interfering with the Easement,the City may enter the Property and remove them at Mahern's expense.
c. The City's water main facilities to be installed within the Easement Property are significant and important to the
City's overall water main system. Therefore,Mahern shall notify and consult with the City before entering into
any subsequent easements with other parties that include the Easement Property. The City shall review such
future plans in good faith,but reserves the right to object and prevent other easements over or through the
Easement Property if the proposed easement will in the City's sole opinion interfere with or adversely affect the
operation and/or maintenance of the City's water main and water distribution facilities as designed. The parties
agree that a material increase of the cost of operation or maintenance of the City's facilities will be an allowed
reason for the City to object and prevent subsequent easements over or through the Easement Property.
10. USE OF EASEMENT BY OTHERS: Mahern agrees that the City may temporarily assign its right to access and use
the Easement Property to any contractor,third party, or other assignee that will be performing work within the
Easement Property. The City shall take reasonable steps to ensure that its contractor,third party, or assignee has
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 Mahern's interest in the Easement Property shall be
protected to the same extent as if the City was itself performing the construction and maintenance.
11. DEFAULT: If either Mahern or the City reasonably believe 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 take immediate action when it
reasonably believes that the alleged breach will materially interfere with the design and operation of its facilities
within the Easement Property.
12. 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 and burden
of the Mahern as the Grantor,and the City as the Grantee, and their respective heirs,executors,administrators,
successors,assigns,and legal representatives.
13. EXISTING EASEMENTS: The parties are aware of one storm sewer and or drainage easements affecting the
Easement Property. Mahern and the City are not aware of any additional easements,recorded or unrecorded,over,
under, or through the Easement Property.
14. WAIVER: No delay or omission by any party to this Easement 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. In the unusual circumstance where an action/inaction could be construed to be a waiver,such waiver shall be
limited in scope and narrowly construed.
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March 02, 2021
15. INVALIDITY: If any term or condition of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable,the remainder of this Agreement shall not be affected by such determination,and each term
and condition shall continue to be valid and enforceable to the fullest extent permitted by law.
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 Mahern or the City that other persons or entities shall acquire any rights to enforce
or benefit from this Agreement.
17. MUNICIPAL LIABILITY: Nothing in this 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.
Damage limits, caps and immunities found in Wisconsin law are intended to be preserved and are explicitly
incorporated into this Agreement,and shall govern all disputes,whether arising through the terms of this Agreement
or otherwise,to the extent that the claims, liabilities, or damages apply to the municipality and its agents,officers, and
employees.
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,to the following addresses. Parties shall submit written changes of addresses to the other
party promptly. 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:
David A Mahem
Christina L Mahern
2975 W.Pheasant Court
Oshkosh,WI 54904
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O.Box 1130
Oshkosh, WI 54903-1130
20. AUTHORITY: The City affirms that all necessary boards, commissions, and elected officials have approved the
acceptance of this Easement and the terms of this Easement Agreement,and that the undersigned have the authority to
sign this Agreement on behalf of the Grantee. Mahern affirms that it has the authority without limitation to grant this
Easement and to enter into this Easement Agreement and that the undersigned have the authority to sign this
Agreement on behalf of the Grantor.
SIGNATURE PAGES FOLLOW
This instrument drafted by:
Attorney David J. Praska
Deputy City Attorney
Oshkosh,WI 54903-1130
3
March 02, 2021
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IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
DAVID A MAHERN and CHRISTINA L MAHE
W(/LfAL
David A Ma Christina L Mahern
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this 13 rh day of rt. ,2021,the above named David A Mahern,to me known to be
such person who executed the foregoing instrument an acknowledged the same,for the purpose herein contained.
Notary Pu ic, State of iscons'
My Commission expires: (Of,,a 02 3
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this 13 ft, day of rr ,2021,the above named Christina L Mahern,to me known to
be such person who executed the foregoing instrumen and acknowledged the same,for the purpose herein contained.
ri,
Notary P lic,State of Vviscon in - -
My Commission expires: 10Ii/aoa 3
CITY OF OSHKOSH -----
By:
ark A.Ro loff,City Manager
By:
Pamela R.Ubrig, City C_erk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this Pt.tk ' day of i!- STh \ , 2021, the above named Mark A. Rohloff and Pamela R.
Ubrig 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.
A4"/CKLii../il
Notary Pu lic,State of Wisconsin
My Commission expires: `ZI I 20n
APPROVED ASS TO ORM:
`.LynnJA.Lorenson, ' Attorney
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March 02, 2021
Easement for Water Main
Parcel 90657270000
Owner: Mahern,David A&Christina L
•
Address;2975 Pheasant Court
Part of Lot 28 of Meadow Ridge Subdivision located In the Southeast%of Section 20 in Township 18
North,Range 16 East,City of Oshkosh,Winnebago County bounded as follows:
Commencing at the Southeast corner of Section 20 In Township 18 North,Range 16 East;Thence N
89°16'29"W,1,237.64 feet along the South Line of the Southeast%of said Section 20;Thence N
00°24'47"W,220.68 feet to the northwest corner of Lot 39 of Meadow Ridge Subdivision;Thence N
89°13'26"W,120 feet to the southwest corner of Lot 37 of Meadow Ridge Subdivision;Thence N
00°27'07"W 814.92 feet to the southwest corner of Lot 28;Thence N 00°27'07"W,158.67 feet a long
the west line of said Lot 28 to the point of beginning;Thence N 00°27'07"W,54.75 feet along the west
line of said Lot 28 to the northwest corner of Lot 28;Thence S 52°23'28"E,20.7 feet along northwest
line of said Lot 28;Thence S 20°45'27.85"W,45.05 feet to the point of beginning.
Said easement contains 446.27 square feet or 0.0103 acres more or less.•
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[Type here] EXHIBIT A—Page 1 of 1 [Type here]
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Wafer Main Easement
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2975 Pheasant Court - 1 2980 1 #
Parcel ID#90657270000 . .... I
Owner:Mahern,David A&Christina LY1y
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Lot 28 Meadow Ridge 1 1 I v 411/$0. •
N • Subdivision
-� ,��t 40
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N00'27'07'w r
014,92' '13 W Corner of Lot 39
10.0089 `'26'V of Meadow Ridge Sub97vlstan
SE Corner of
Sec. 2, T18N R16E
1109'I6'29'w •
1,237,64 ..
Np0'24'47'w
N 220.68' Ilk
NVPSW Corner of Lot 37
N of Meadow Ridge Subdivisto South Line of the SE #
of Sec. 20, T18N, 816E
N
Note: All bearings and distances reference the Meadow Ridge Subdivision Plot. •
CITY OF OSHKOSH
P ENGINEERING DIVISION • WATER MAIN EASEMENT
FILE NAME: DRAWN:
5 2015Wrh�„°r°r2975 W PHEASANT COURT •
5 Water LJn0.,msnl d+vg I-2T2621
c GRAPHIC 0 20 40 EXHIBIT B
x SCALE:(IN PEET)
1 INCH.90 FEET
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