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Home My WebLink About3701 Summerset Way 15-2708-0000 I I i 8608085 Tx:4449306 DOC# 1820705 NATALIE STROHMEYER Easement Agreement REGISTER OF DEEDS WINNEBAGO COUNTY, WI Document Number Document Tit le RECORDED ON: 06/26/2020 02:59 PM RECORDING FEE: 30.00 THIS INDENTURE,made this nth day of 31 r e ,2020, PAGES: 6 by BLUE MOON HOLDINGS, LLC, (Blue Moon) Grantor, and CITY OF OSHKOSH,(City)located in Winnebago County,Wisconsin,Grantee, WITNESSETH: Recording Area IN CONSIDERATION of the sum of One Dollar($1.00)and other good Name and Return Address H�and valuable consideration paid by the Grantee,the receipt of which is hereby City Attorney's Office e acknowledged,the Grantor,its successors and assigns,does hereby give and grant PO Box 1130 6 unto the Grantee,its successors and assigns,and Grantee accepts,an easement over, __ Oshkosh,WI 54903-1130 under,and through the land hereinafter described. 1. PURPOSE: The purpose and use by Grantee of the Easement 91527080000 Property described in this Agreement shall be for the installation and Parcel Identification Number (PIN) use of a public sidewalk.The City is reconstructing Snell Avenue and as part of that reconstruction,public sidewalks are being installed within the public right-of-way. Based on the existing configuration of the public right-of-way and of certain parcels along Snell,including Grantor's parcel,small edges or corners of parcels are necessary to be used to ensure the proper layout of the new public sidewalk. The Easement Property below is a small wedge shape on the south west part of Grantor's parcel which is in the building setback and also crosses the current location of the property driveway. 2. EASEMENT:Blue Moon grants,and the City accepts,an Easement over,under,and through the property described in this Agreement for the purposes described and according to the terms set forth herein. 3. CONSIDERATION: One dollar($1.00)and other good and valuable consideration,the amount and - sufficiency of which is accepted by both parties as appropriate for the purposes of this Agreement. 4. GRANTOR'S PROPERTY: The Easement will be over,under,and through a small part of Grantor's larger, commercial property,which is currently used for residential apartments. 5. EASEMENT PROPERTY: The property subject to the Easement granted herein,the Easement Property,is located in the City of Oshkosh,Winnebago County,Wisconsin,is described as follows: Legal Description Attached as Exhibit A 6. EASEMENT LOCATION: For visual reference purposes,the Easement Property is described as: Easement Property Map Attached as Exhibit B 7. USE AS EASEMENT FOR PUBLIC PURPOSES: The Grantee shall have the right to access,survey,lay, construct,use,operate,maintain,repair,replace,relocate,and/or remove public sidewalk as well as accessory sidewalk uses including signage,all of which may be over,under,and through the Easement Property.The determination of details related to sidewalks and signage that may be necessary shall be at the discretion of the Grantee. It is understood that the sidewalk will cross through an existing driveway allowing ingress and egress to the property. The public sidewalk installed within the Easement Property shall be the financial responsibility of the Property owner as it would be if it was within the public right-of-way,pursuant to all relevant codes,rules,and statutes pertaining to public sidewalks within the City of Oshkosh. • EIVED 1 JUL 14 2020 April 22, 2020 CITY CLERK'S OF iI,!✓E C!J • w r % \GGOB O O RECEIVED MAY - 8 2020 CITY ATTORNEY'S OFFICE • 8. CONSTRUCTION/MAINTENANCE: The size,location,and construction,including the timing of construction, shall be at the sole discretion of the City.Blue Moon shall be responsible for all aspects of maintenance including without limitation snow and ice removal,repair,and replacement of the sidewalk that is within and adjoining the Easement Property according to all applicable rules and regulations for public sidewalks. 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. Blue Moon may be assessed costs of construction and/or maintenance on the Easement Property as described in this Agreement,or as otherwise allowed or required by the Municipal Code. 9. INTERFERENCE WITH EASEMENT: Blue Moon,its agents or assigns,shall not interfere in any way with the City's 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. 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. Blue Moon 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 Easement. If Blue Moon fails to remove these structures,materials or objects,the City may remove them at Blue Moon's 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 Grantor's mortgagee identified herein or its successors and/or assigns if any become owners of the Grantor's property. 10. USE OF EASEMENT BY OTHERS: Blue Moon 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 Blue Moon's interest in the Easement Property shall be protected to the same extent as if the City itself was performing the construction and maintenance. 11. DEFAULT: If either Blue Moon 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 lawful use of the Easement Property and/or poses a danger or hazard to the public. 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 of the Blue Moon and the City,their respective heirs,executors,administrators,successors,assigns,and legal representatives. 13. 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 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,as well as their successors and assigns,and it is not the intention of either Blue Moon or the City that other parties shall acquire any rights to enforce or benefit through this Easement Agreement. 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. 2 April 22, 2020 . 1 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 claim is based in tort law. 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 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. 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: Blue Moon Holdings,LLC Attn:Richard Gabert PO Box 3808 Oshkosh,WI 54903-3 808 FOR THE GRANTEE: City of Oshkosh do Director of Public Works P.O.Box 1130 Oshkosh,WI 54903-1130 19. AUTHORITY: 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 agreement on behalf of the City. Blue Moon affirms that it has the authority without limitation to enter into this Easement Agreement.The undersigned assert and affirm that they have the authority without limitation to enter into this easement agreement on behalf of their respective party. SIGNATURE PAGE(S)FOLLOW DRAFTED BY: Attorney David J.Praska Deputy City Attorney Oshkosh,Wisconsin 3 April 22, 2020 II I i IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above written. GRANTOR BLUE MOON HOLDINGS,LLC By: Richard Gabert, anagmg M berft r GERI STOBB Notary Public State of Wisconsin STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally came before me this . day of /14- ,2020 the above named Richard Gabert,to me known to be such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained. .L- Notary Public,State of Wisconsin My Commission expires: �'— 2•- .),c GRANTEE CITY OF OSHKOSH By: / e-f A.Rohloff,City Man e By: r,h � Pamela R.Ubrig,City Clerk STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally came before me this 1Y01 day of June , 2020, 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. 7. otary ubli ,State of Wisconsin = = C: My Commission expires: 2 23 - - �\• Cj - , - APP VED S TO ORM: - �1J Lynn A.Lorenson, • Attorney 4 April 22, 2020 a • . • Easement for Sidewalk Parcel 15-2708-0000 Owner: Blue Moon Holdings LLC Address: 3701 Summerset Way Part of Lot 1 of Block 2 of Windsor Green Subdivision located in the Southwest 1/4 of the Southwest 1/4 of Section 36 in Township 19 North, Range 16 East, Fifteenth Ward,City of Oshkosh,Winnebago County bounded and described as follows: All bearings and distances reference the 1992 WisDOT ROW Plat Project#6432-03-21. Commencing at the Southwest Corner of Section 36,Township 19 North, Range 16 East;Thence N 87°55'47" E,468.04 feet along the south line of the Southwest 1/4 of said Section 36 also being the centerline of Snell Road to a point believed to be the centerline of Summerset Way;Thence N 01°35'11"W, 75.00 feet along said centerline of Summerset Way;Thence S 51°14'03"W,37.65 feet to a point on the west line of Summerset Way and the north line of Snell Road; Thence continuing S 51°14'03" W,20.91 feet along said north line of Snell Road;Thence S 87°55'47"W, 63.88 feet along said north line of Snell Road to the point of beginning;Thence continuing S 87°55'47" W,39.45 feet along said north line of Snell Road to the west line of Lot 1 of Block 2 of Windsor Green Subdivision;Thence N 02°27'40"W, 6.26 feet along the west line of said Lot 1 of Block 2;Thence S 83°03'33" E,39.99 feet to the point of beginning on the north line of Snell Road. Said easement contains 123.56 square feet or 0.0028 acres more or less. EXHIBIT A- Page 1 of 1 ,) d r • • 1 vl '• j co Z z m* JACKSON STREET o N ��a.° x 0 p, m mrn ,L......1, -I D (0 c q I O * m N _tj (.'' co . I - - mot. � � m ?no � � r Ilrn� mw rn O A"' W C o CO (� O C L G WIN•SOR GR EN SUBD. o N. 7 ` G s-o-► 0 wC� 5Oco 5m , SUMMERSET WAY 1 rnB p � tn D N a I _ _ 2.- I -,. -•, . m � , m ° o 1-7 s -, fD ('-' Cl) II io / co O oG? ;— N co CO co nO C p 1I Co CD c. W CD CD co A_ Cr � • CO 0 in 0 co m NQQ P rnw I rn cn � to oW7, w .n o ? � o • 7•• oC as z *� /n �1 m � O�` 0 (n o (D D CD vtcyoo Z Q DQ 5 co 5 oO r-. "' fA W *51 o oaO z (Q N N 0 m Q N 0 m 9 rl 1 CO Q � � WN O c = 00 I� o co Q 00� W9,I co O ri.:(0 0 W co r N co o R.,■ 02 o CQD N co rn 1 a C CT -Q+t * Z n N 0 1 0 o co cn C N 3 1 r- Z y cn �, 3 VO� co -. to 1 m a m- No 0 W-I W ° v CD - a, - * � CD ID 1-1 GI Z Q..•< \ J 3 �? B n o CD -'• 1"-------11\ /_____J 2• c 3 @ ;•« w bm = � " o ,‹ • 5 * C m p - rn co Ca Z o 1 O o m � � z rt a mo f — — — - SUMMERSET WAY CITY OF OSHKOSH ENGINEERING DIVISION SIDEWALK EASEMENT FILE NAME: DRAWN: 37019ummerset Way 2.29-2020 3701 Summerset Way Easement.dwg GRAPHIC o 10 20 SCALE: (IN FEET) 1 120 FEET EXHIBIT B - Page 1 of 1