HomeMy WebLinkAbout1723 Evans Street 15-1960-6200 6608087
Tx:4449306
DOC# 1820706
Easement NATALIE STROHMEYER
REGISTER OF DEEDS
Document Number Document Title WINNEBAGO COUNTY, WI
RECORDED ON:
06/26/2020 02:59 PM
RECORDING FEE: 30.00
THIS INDENTURE,made this �a day of 42T� ,2020, PAGES: 6
by DFR ENTERPRISES,L.L.C.,a Wisconsin Limited 'ability Company,Grantor,
and CITY OF OSHKOSH,a municipal corporation,located in Winnebago County,
Wisconsin,Grantee,
Recording Area
WITNESSETH: Name and Return Address
City Attorney's Office r,,((`
IN CONSIDERATION of the sum of One Dollar($1.00)and other good PO Box 1130 C�'0
and valuable consideration paid by the Grantee,the receipt of which is hereby Oshkosh,WI 54903-1130 -
acknowledged,the Grantor,its successors and assigns,does hereby give and grant
unto the Grantee,its successors and assigns,and Grantee accepts,an Easement 91519606200
over,under,and through the land hereinafter described. Parcel Identification Number (PIN)
1. 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,street pavement,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,
street pavement,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 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 public sidewalk,street pavement,curb,an'
conduit and wiring,along with any other public facility or feature including traffic lights,electric pull box,or other
allowed uses of the Easement Property.After initial construction,special assessments may be used for work within
the Easement Property as described by the City's special assessment policy. Regardless of whether or not special
assessments are used for work within the Easement Property,the sides of the Easement Property may be used to
calculate frontage for other work that may be specially assessed.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 the public
sidewalk will be the property owner's responsibility as described in the Oshkosh Municipal Code or other applicable
1 RECEIVED
•pril 29, 2020
JUL 14 2020
CITY CLERK'S OFFICE "�
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
tort.
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April 29, 2020
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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:
DFR Enterprises,L.L.C.
1723 Evans St.
Oshkosh,WI 54901
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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April 29, 2020
•
IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
GRANTOR
DFR ENE RISES,L.L.C. ss•�``,Q, SCHgN�`%,
Dennis Rucrosky, anaging Memb .12
STATE OF WISCONSIN ) (3'1� `;,
WINNEBAGO COUNTY )ss. ,',,,''`"t OF
i\►""t�� ``
Personally came before me this 1,2` ` day of IIf ,2020,the above named Dennis Rucinsky,to me known to be
such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained.
Notary ublic,State of Wisconsi
My Commission expires: 8� 31,.0 z2.
GRANTEE
CITY OF OSHKOSH
By: -f
k A.Rohloff,City g r
By:
Pamela R.Ubrig,City Cler
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this `I9I' day of j Line ,2020, the above named Mark A. Rohloff and Pamela R.
Ubrig of the City of Oshkosh,to me known to be such perso s who executed the foregoing instrument and acknowledged the
same,for the purpose herein contained.
N ary otate of Wisconsin4 a`aa° c.1, N.
My Commission expires: 12,1 f�Si f ; /• 0 ,
APP VED AS TO FO ' ' + r 7
Lynn A. orenson,Ci rney •
4
April29, 2020
Easement for Street,Sidewalk,and Electric
Parcel 15-1960-6200
Owner: D F R Enterprises LLC
Address: 3680 North Main Street
Being a part of Lot 1 of Certified Survey Map#1720 located in the Northeast 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 and the
e.nterline 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,328.48 feet along the
north line of said Lot 1 to the point of beginning;Thence S 42'19'34"W,25,24 feet to a point on the
west line of said Lot 1 and the east line of North Main Street; Thence N 00°00'23"W,18.50'along the
west line of said Lot 1 to the northwest corner of said Lot 1 and a point on the south line of said Snell
Road; Thence N 89°27'07"E,17.00'along the north line of said Lot 1 and 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.
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CITY OF OSHKOSH I
ENGINEERING DIVISION
STREET/SIDEWALK /
1
FILL;NAME: DRAWN: ELECTRIC EASEMENT I1
3030 N Mein St?asement.dw¢ 03-02-2020
GRAPHIC El
20 40 3680 North Main Street
SCALE: (IN FEET) 1 INCH-40 NEST Exhibit kaki