Loading...
HomeMy WebLinkAbout567 E Snell Road 15-1960-6801 III Hi 1331.0a 8 Tx:4449306 2 Easement DOC# 1820702 Document Number NATALIE STROHMEYER Document Title REGISTER OF DEEDS WINNEBAGO COUNTY, WI RECORDED ON: 06/26/2020 02:59 PM THIS INDENTURE,made this 9{h day of_Ju fle ,2020, RECORDING FEE: 30.00 by WINNEBAGO COMMUNITY CREDIT UNION,a Credit Union Chartered by PAGES: 6 the State of Wisconsin,Grantor,and CITY OF OSHKOSH,a municipal corporation, located in Winnebago County,Wisconsin,Grantee, WITNESSETH: Recording Area IN CONSIDERATION of the sum of One Dollar($1.00) Ci and othergood Name and t Address Cityyrn Attorneys Office 046 and valuable consideration paid by the Grantee,the receipt of which is hereby PO Box 1130 ov fg acknowledged,the Grantor, its successors and assigns,does hereby give and grant Oshkosh,WI 54903-1130 unto the Grantee, its successors and assigns,and Grantee accepts,an Easement over, under,and through the land hereinafter described. 91519606801 Parcel Identification Number (PIN) 1. PURPOSE: The purpose and use by Grantee of the Easement Property described in this document shall be to install street pavement, curb,and underground conduit and wires. The Grantee may in the future install facilities such as an ADA compliant sidewalk,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 a street pavement,curb,and underground condui and wires. The Grantee may in the future install facilities such as an ADA compliant public concrete sidewalk,traffic signals, an electric pull box,and related equipment and facilities. 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 all allowed equipment and facilities that are allowed by this Easement Agreement. 6. CONSTRUCTION/MAINTENANCE: Grantee will install at its expense street pavement,curb,and conduit and wiring,along with any other public facility or feature that may be installed in the future, including public sidewalks, traffic lights,electric pull box,or other allowed use of 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 street pavement,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 any future public sidewalk,as well as maintenance obligations related to grass, snow, ice, and related issues within the Easement Property will be the property owner's responsibility as described in the Oshkosh Municipal Cod; or other applicable laws. After the initial installation,the Grantor shall be responsible for future special assessments as described by the City's special assessment policy in effect at the particular time of the project. Currently,the 1 April 29, 2020 RECF_IVFf L JUL 1 4 2020 riTY f l FRK'S nFF1GE RECEIVED MAY - 8 2020 CITY ATTORNEY'S OFFICE • City's special assessment policy would not specially assess work performed within the Easement Property triangle. However,the sides of the Easement Property triangle would continue to be used in special assessment calculations when measuring street frontage. 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. 2 April 29, 2020 s �� • • 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: Winnebago Community Credit Union Attn:V.P. of Operations 567 E. Snell Road Oshkosh, WI 54901 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 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 3 April29, 2020 s IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above written. GRANTOR WINNEBAGO COMMUNITY CREDIT UNr ; POM4 • By:i'`Jl_t 4iJ — /� .�ifiYvCP, �,�G� .. F,Q� .. Debra Fernau,Vice President—Operati�t.trcat��1' c _ N PUBLIC _ STATE OF WISCONSIN " .' ` )ss. .�•.F OF WISS�•'�, WINNEBAGO COUNTY ) I,, , . , , . Personally came before me this Lii.` `day of ,2020,the above named Debra Fernau,to me known to be such person who executed the foregoing instrument and ac owled e same,for the p o erein contained. o ary Pu lic, State of Wisccyx'{ My Commission expires: 12-I GRANTEE CITY OF OSHKOSH By: 4- -Ma� .Rohloff,City Ma r I By: Pamela R.Ubrig,City Clerk STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally came before me this Al 01" day of J U f t. , 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. / ota•, P‘ r.SZ/.7.- 2,Z7 , State of Wisconsin My Commission expires: 12/15/202? APP rev VED AS TO F RM: - I ;l' / %. 4, Lynn A.Lorenson,Ci Attorney `4 Si Z 4 April 29, 2020 H ' Easement for Street,Sidewalk, and Electric Parcel 15-1960-6801 Owner: Winnebago County Employee Credit Union Address: 567 East Snell Road Being a part of the Northwest 1/4 of the Northeast 1/4 of Section 1 in Township 18 North, Range 16 East, Fifteenth Ward, City of Oshkosh, Winnebago County bounded and described as follows: Commencing at the North 1/4 Corner of Section 1,Township 18 North, Range 16 East;Thence southerly 33.0 feet along the west line of the Northeast 1/4 of Section 1,Township 18 North, Range 16 East to the southeast corner of Snell Road and Moser Street and the point of beginning;Thence easterly 17.5 feet along the south line of Snell Road;Thence southwesterly 25.8 feet to a point on the east line of Moser Street and the west line of the NE 1/4 of said Section 1 that is 19.0 feet southerly of the south line of said Snell Road; Thence northerly 19.0 feet along the east line of said Moser Street to the point of beginning. Said easement contains 166.25 square feet or 0.0038 acres more or less. EXHIBIT A - Page 1 of 1 I . Z W CD Z . . m 0o 0 o a- CD jam\ Z -�-H0 - o y ,� Z Z Q _ z � � z C� -, m — * mi 33' 33' _w N C/) 0 CDN 0 O MOSER ST. . m - - — Z. — o Co CA C) a 70 West Line ofNE1/4 0.) ° to Section 1, T18N R16E �`-' m a N 0 19.0' 33.0' , _ _ 0 0 �/�ts. -NJZ i N 0 N D O -a 1D > 0 73 Q a cDo CD (DD CD O ea _ _ "ci) 5os of • * CD a) 0 Z 0) - -1 Z iv m mCD i (xi 3 N rt --1 � Cnco rn � U) Z to _'co m o O O m n 0 a C O Z II ; r a m z �z � pi m .A Io MC.0_ Z Z Z 3 o ° m 1 (D °• —a. a- CD z O a o - F m U) a CD o Q 74 CO C Z m o - 0 C� 0 CD 3 m 0 a f to CITY OF OSHKOSH ENGINEERING DIVISION STREET / SIDEWALK / FILE NAME: DRAWN: ELECTRIC EASEMENT 567 E Snell Rd Sidewalk Eesement.dwg 03-19-2020 GRAPHIC 0 20 40 567 East Snell Road SCALE: (IN FEET) 1 INCH=40 FEET EXHIBIT B - Page 1 of 1 A. r- n•.