HomeMy WebLinkAbout149 W 24th Avenue 14-1145-0100 RECEIVED IIJIJiIJIJIIJ1III
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Easement
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DOC# 1827369
Document Number Document Title CITY CLERK'S OF� ,� IE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY,WI
RECORDED ON:
THIS INDENTURE,made this 2(0- hday of AU doirmS t ,2020, 09/03/2020 09:51 AM
by 149 W.24TH AVENUE,LLC,a Wisconsin Limited1 iability Company,Grantor, RECORDING FEE: 30.00
and CITY OF OSHKOSH,a municipal corporation,located in Winnebago County, PAGES: 5
Wisconsin,Grantee,
WITNESSETH:
IN CONSIDERATION of the sum of One Dollar($1.00)and other good Recording Area
and valuable consideration paid by the Grantee,the receipt of which is hereby Name and Return Address
acknowledged,the Grantor,its successors and assigns, does hereby give and grant City Attorneys Office
PO Box 1130
unto the Grantee,its successors and assigns,and Grantee accepts,an Easement Oshkosh,WI 54903-1130 Chiliy„
over,under,and through the land hereinafter described.
91411450100
1. PURPOSE: The purpose and use by Grantee of the Easement Parcel Identification Number (PIN)
Property described in this document shall be to install a public
concrete sidewalk,curb,electric pull box,conduit,and wiring in the southeast corner of the intersection of
West 24th Avenue and Oregon Street.
2. EASEMENT PROPERTY: The public concrete sidewalk,curb,electric pull box,conduit,and wiring 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:
Part of vacated roadway included in a parcel in the Southwest %of the Northwest % of
Section 36,Township 18 North,Range 16 East, 14th Ward,City of Oshkosh,Winnebago
County,Wisconsin,and more particularly described as:
Starting at the Northwest corner of Lot 12 in KURTZ PLAT,thence north along the extended
West line of said Lot 12 a distance of fourteen(14)feet to the point of beginning;thence
continuing North along the extended West line of said Lot 12 a distance of twenty(20)feet
to a point on the North line if the vacated right-of-way;thence south 88 degrees 58 minutes
38 seconds east along the North line if the vacated right-of-way a distance of fifteen(15)feet;
thence Southwesterly in a straight line a distance of twenty-five(25)feet to the point of
beginning;with said Easement Property containing approximately 150 square feet.
3. LOCATION OF EASEMENT: A map identifying the location of the Easement for the public concrete sidewalk,
curb,electric pull box,conduit,and wiring is attached and incorporated into this Easement Agreement as Exhibit A.
4. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property as described in
this Easement Agreement.
5. USE OF EASEMENT PROPERTY: The Grantee will be installing public concrete sidewalk,curb,electric pull box,
conduit,and wiring. Grantee shall have the right to fully use the Easement Property for all purposes associated with
these uses. The Grantee's use of the Easement Property will be subject to all applicable 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 public concrete sidewalk,curb,electric pull box,conduit,and wiring that may b:
appropriate for the stated purpose of this Easement Agreement.
6. CONSTRUCTION/MAINTENANCE: Grantee will install at its expense public sidewalk and curb,along with the
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February 27, 2020
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electric pull box,conduit,and wiring within the Easement Property. The construction and installation shall be
according to Grantee's specifications and at its discretion. Once installed,Grantee continues to be responsible for
operation,maintenance,and repair of the electric pull box,conduit,and wiring;while responsibility for the operation,
maintenance,and repair of the public sidewalk and curb will be as described in the Oshkosh Municipal Code or other
applicable laws. For clarification purposes,Grantee will be responsible for all of its subsequent maintenance,repair,
and replacement,except to the extent caused by the willful or negligent actions of Grantor,while Grantor retains all
maintenance obligations for any public sidewalk,grass,snow and ice within the Easement Property.
7. INTERFERENCE WITH EASEMENT: The Grantor,its agents or assigns,shall not interfere in any way with the
Grantee's use of the Easement Property,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,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.
8. 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.
9. DEFAULT: If either Grantor or Grantee 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,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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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
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tort.
15. 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.
16. 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:
149 W.24th Avenue,LLC
Attn:Grant Schwab
601 Oregon Street,Ste.B
Oshkosh,WI 54902-5965
FOR THE GRANTEE:
City of Oshkosh
do Director,Dept.of Public Works
P.O.Box 1130
Oshkosh,WI 54903-1130
17. 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
DRAFTED BY:
Attorney David J.Praska
Deputy City Attorney
Oshkosh,Wisconsin
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February 27, 2020
IN WITNESS WHEREOF,said Grantor has hereunto set their hand and seal the day and year first above written.
GRANTOR
149 W.24TH A aii ,LL J
BY:
/
.nt Schwab, .-1 anager
By: A . ' Ji Alm
K: I Nab,Co-Manager
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this i3t'' day of l 11 1- ,2020,the above named Grant Schwab and Kelly J.Schwab,
to me known to be such person who executed the foreg�ing instrument and acknowledged the same AB the,wurpose herein
contained. OP C:HEN
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Not Public,State of Wis .ns • NOTggr y
My Commission expires: f�,d 41 : •
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BLIC '
GRANTEE 9�• F•''••......••. �:
•
CITY OF OSHKOSH '".•..
By:
A.Rohloff,Ci Ma ag r
By:
Pamela R.Ubrig,City erk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this 21 tday of 1 , 2020,the above named Mark A.Rohloff and Pamela R.
Ubrig of the City of Oshkosh,to me known to be such per ons executed the foregoing instrument and acknowledged the
same,for the purpose herein contained.
otary 'i 'lie, Wisconsin • r --
My Commission expires: /2// S/2023 - v . = `
APP OVED AS T FORM:
. Lorens , ity Attorney W
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February 27, 2020
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