HomeMy WebLinkAbout3575 N Main Street 15-1960-5400 I '3 8 °3
8 6 0 8 0 8 3
Tx:4449306
DOC# 1820703
NATALIE STROHMEYER
REGISTER OF DEEDS
Easement WINNEBAGO COUNTY, WI
RECORDED ON:
Document.\umber Document"title 06/26/2020 02:59 PM
RECORDING FEE: 30.00
PAGES: 6
THIS INDENTURE,made this q'W day of June ,2020,
by TREMBLY ENTERPRISES, LLC, a Wisconsin Limited Liability Company,
Grantor,and CITY OF OSHKOSH,a municipal corporation,located in Winnebago
County,Wisconsin,Grantee,
WITNESSETH: Recordin> Area
Name and Return Address
IN CONSIDERATION of the sum of One Dollar($1.00)and other good City Attorney's Office C K
and valuable consideration paid by the Grantee,the receipt of which is hereby PO Box 1130 ./14
acknowledged,the Grantor,its successors and assigns,does hereby give and grant Oshkosh,WI 54903-1130 U v
unto the Grantee,its successors and assigns,and Grantee accepts,an Easement over,
under,and through the land hereinafter described. 91519605400
Parcel Identification Number (PIN)
I. PURPOSE: The purpose and use by Grantee of the Easement
Property described in this document shall be to install an ADA compliant public concrete sidewalk,curb,
and underground conduit and wires. The Grantee may in the future install facilities such as traffic signals,an
electric pull box,and related equipment and facilities. These facility upgrades are part of the reconstruction
of Snell Road.
2. 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
3. EASEMENT LOCATION: For visual reference purposes,the Easement Property is described as:
Easement Property Map Attached as Exhibit B
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 an ADA compliant public concrete sidewalk,
curb,and underground conduit and wires. The Grantee may in the future install facilities such as traffic signals,an
electric pull box,and related equipment and facilities. Grantee shall have the right to fully use the Easement Prope
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 all allowed equipment and facilities that are allowed by thi
Easement Agreement.
6. CONSTRUCTION/MAINTENANCE: Grantee will install at its expense public sidewalk,curb,and conduit and
wiring,along with any other public facility or feature including traffic lights,electric pull box,or other allowed use o'
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 conduit
and wiring,or other public facility or feature including traffic lights,electric pull box,or other allowed use.
Responsibility for the operation,maintenance,and repair of the public sidewalk will be the property owner's
responsibility 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 mainterReelM >Effor any public
sidewalk,grass,snow and ice within the Easement Property.
1 JUL 1 4 2020
April22, 2020
CITY CLERK'S OFFICE
c - I!i
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
tort.
15. GOVERNING LAW: This Easement Agreement shall be construed and enforced in accordance with the laws of the
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April22, 2020
•
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:
Trembly Enterprises,LLC
Attn:Wayne Trembly
3575 North Main Street
Oshkosh,WI 54901-1232
FOR THE GRANTEE:
City of Oshkosh
c/o 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 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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April22, 2020
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1
IN WI SS WHEREOF,said Grantor has hereunto set their hand and seal the day and year first above written. ,
GRAN OR
%TREK Y E TERP S C �ea�°� r-.,- ?"
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O �1(
By: `y
Wayne "'ern anaging Member �� fj
ti4; / ate. ' z
STATE OF WISCONSIN ) r..,• ?�
)ss. "r'' '...
�`;.
WINNEBAGO COUNTY ) 'i.. •
Personally came before me this S f11 day of 2020,the above named Wayne Trembly.to me known to be
such person who executed the foregoing instrument anddged the same,for the purpose herein contained.
1l'i,(.0.414e.Notalbwevi.".
ublic,State ol%iscons n
My Commission expires: f Cf 1120 o3
GRANTEE
CITY OF OSHKOSH tom,f�. ,,�
By: ��-'�`� 1
.Rohloff,City a
7-6 .
By
Pamela R.Ubrig,City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this Itsih 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. h
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-may / �///�/�
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No ary Pu uc,Sta of Wisconsin ®' E�
My Commission expires: 12/16/202 3 s t. ', tR
i APP OVED AS TO RM: ' ' 7,.. �' ,` a
Lynn A.Lorenson, Attorney rZ..... �� ��`
`scut:n..-
4
April22, 2020
tmomillimiffill, I
Easement for Street,Sidewalk,and Electric
Parcel 15-1960-5400
Owner:Trembly Enterprises LLC
Address: 3675 North Main Street
Being a part of Lot 49 of original Lothe Acres Plat located in the Northwest 1/4 of the Northwest 1/4 of
Section 1 in Township 18 North, Range 16 East, Fifteenth Ward,City of Oshkosh,Winnebago County
bounded and described as follows:
All bearings and distances reference C.S.M.#1720 recorded as document#682410. Commencing at the
North 1/4 Corner of Section 1,Township 18 North, Range 16 East;Thence S 89°27'07"W,940.43 feet
along the north line of the Northwest 1/4 of Section 1,Township 18 North, Range 16 East also being the
centerline of Snell Road;Thence S 00°02'16" E,33.00 feet to a point on the south line of said Snell Road
also being the northeast corner of Lot 1 of C.S.M.#1720;Thence S 89°27'07"W,345.48 feet along the
south line of said Snell Road to the east line of North Main Street;Thence continuing S 89°27'07"W,
66.00 feet to a point on the southwest corner of Snell Road and North Main Street and the point of
beginning;Thence S 00°00'23" E, 19.00 feet along the west line of said North Main Street;Thence
N 42°54'06"W,25.71 feet to a point on the south line of said Snell Road;Thence N 89°27'07" E, 17.50
feet along the south line of said Snell Road to the point of beginning.
Said easement contains 157.24 square feet or 0.0036 acres more or less.
EXHIBIT A- Page 1 of 1
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CITY OF OSHKOSH
ENGINEERING DIVISION STREET / SIDEWALK /
FILE NAME: DRAWN:
3675 NMein St ELECTRIC EASEMENT
Sidewalk Easement.dwg 03-I8-2020
GRAPHIC 0 20 40 3675 North Main Street
SCALE:(IN FEET)
1 INCH 90 FEET
EXHIBIT B - Page 1 of 1