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Home My WebLink About2772 Oregon Street 14-1257-0100 '.i8608088 Tx:4449306 Easement DOC# 182Q7O_% 111111111111 NATALIE STROFtri►:E'': Document Number Document Title REGISTER OF DEEDS ■ :JINNEBAG.O-I @ITT:°,.Y. RECORDED Oi'i: 06/26/2020 02:59 PM RECORDING FEE: 30.00 PAGES: 5 THIS Agreement is made this# day of ,2020, by and between COMMUNITY FIRST CREDIT ON(CFCU)Grantor,and CITY OF OSHKOSH,(City)located in Winnebago County,Wisconsin, Grantee, Recording Area 1. PURPOSE: The purpose of this Easement granted to the City is to allow Name and Return Address the City to use the Easement Property as part of its public sidewalk City Attorney's Office C system. Specifically, the City will install and use public sidewalk with PO Box 1130 41CI 9 Americans with Disability Act-compliant features. Oshkosh,WI 54903-1130 2. EASEMENT:CFCU,its successors and assigns,gives and grants to the 91412570100 City,and the City accepts, an Easement over,under, and through the Parcel Identification Number (pfr0 Easement Property described in this Easement Agreement and subject to the purposes described in and according to the terms described in this Easement Agreement. 3. CONSIDERATION: The sum of One and NO/100 Dollars($1.00)and other good and valuable consideration paid by the Grantee,the receipt and sufficiency of which is acknowledged. The parties agree that a material consideration for this Agreement is that CFCU will allow the Easement Property to be publicly used in return for the City paying the full initial costs of these public improvements on the Easement Property. 4. EASEMENT PROPERTY: The Easement Property subject to this Easement Agreement is located in the City of Oshkosh, Winnebago County, Wisconsin, is described as follows and identified for reference purposes on Exhibit"A",attached: That part of a parcel in the northwest%of the southwest'/4 of Section 36,Township 18 North, Range 16 East, in the 14th Ward, City of Oshkosh, Winnebago County, Wisconsin,described as follows: Commencing at the southwest corner of Lot 1 of Certified Survey Map 5405,recorded in Volume 1 of Certified Survey Maps as Document No. 1293150, as the point of beginning;thence north along the west property line of said Lot 1 a distance of 10 feet; thence southeasterly an approximate distance of 14.14 feet to a point on the south property line of Lot 1 a distance of 10 feet from the point of beginning;thence westerly along the south property line of Lot 1 a distance of 10 feet to the point of beginning. The described Easement area contains approximately 50.4 square feet. 5. USE AS EASEMENT FOR PUBLIC PURPOSES: The City shall have the right to access,survey,lay,construct, use,operate,maintain,repair,replace,relocate,and/or remove sidewalk. Specifically,CFCU will provide the City with the full benefit of public use of the Easement Property for public sidewalk. CFCU maybe assessed for costs related to improvements outside the Easement Property and/or for costs related to future projects related to improvements inside the Easement Property as allowed by City ordinances and policies.For purposes of clarifying the previous sentence,the handicap accessible ramp within the Easement Property is not assessable as described in the City's Special Assessment Policy. Both parties agree that after the initial installation of the sidewalk,both within and outside of the Easement Property,all future maintenance,repair,and replacement of this whole sidewalk shall be the responsibility of CFCU,its successors and assigns pursuant to all relevant codes,rules,policies,and statutes pertaining to sidewalks within the City of Oshkosh. RECEIVED 1 JUL 1 2D20 March 4, 2020 CITY CLERK'S QFFICE , f 6. CONSTRUCTION/MAINTENANCE: The City shall be responsible for the initial construction of any public sidewalk areas within the Easement Property. CFCU shall be responsible for all aspects of maintenance,repair, and replacement of the public sidewalk in and adjoining the Easement Property. 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. CFCU may be assessed costs of future construction and/or maintenance on the Easement Property as if the improvements were within public right-of-way and as otherwise allowed or required by the Municipal Code. For purposes of clarifying the previous sentence, the handicap accessible ramp within the Easement Property is not assessable as described in the City's Special Assessment Policy. 7. INTERFERENCE WITH EASEMENT: CFCU,its agents or assigns,shall not interfere in any way with the City's public 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 Property. 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. CFCU 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 City's ability to use this public Easement. If CFCU fails to remove these structures,materials or objects,the City may remove them at CFCU'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 CFCU'mortgagee or CFCU'successors and/or assigns if the Easement Property is conveyed. 8. USE OF EASEMENT BY OTHERS: CFCU 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 Property shall be conducted in a skillful manner, and that CFCU's interest in the Easement Property shall be protected to the same extent as if the City itself was performing the construction and maintenance. 9. DEFAULT: If either CFCU 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. 10. 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 CFCU and to the City,their respective heirs,executors,administrators,successors,assigns,and legal representatives. 11. WAIVER: No delay or omission by any party 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 term or condition 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 declared by a court of competent jurisdiction to be invalid or unenforceable,then the remainder of this Easement Agreement shall remain 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,as well as their successors and assigns,and it is not the intention of either CFCU or the City that third- parties acquire contractual claims 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 for its public actions as 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 2 March 4, 2020 • • and Grantee and are attached 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, regardless if the claim is based in contract or tort law. 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 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. 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: CFCU,LLC Attn:Real Estate Manager 1575 Dresang Way Neenah,WI 54956 FOR THE GRANTEE: City of Oshkosh c/o Director of Public Works P.O.Box 1130 Oshkosh,WI 54903-1130 17. 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 Easement Agreement on behalf of the City. CFCU affirms that he 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 their respective party. SIGNATURE PAGE FOLLOWS DRAFTED BY: Attorney David J.Praska Deputy City Attorney Oshkosh,Wisconsin 3 March 4, 2020 IN WITNESS WHEREOF,the parties set their hand and seal the day and year first above written. GRANTOR CO Y FIRST CREDIT UNION By: Catherine J.Tierne , .,EO .., , •., •',pTAR STATE OF WISCONSIN ) )ss. PUBL\G WINNEBAGO COUNTY ) '9 �'.• l • GO : Personally came before me this 30� day of `i' \ ,2020,the above hampi, h e J.Tierney of CFCU,to me known to be such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained. Notary Public,State of Wisconsin My Commission expires: Afr' (p,Zoz3 GRANTEE CITY OF OSHKOSH By: A.Rohlog City— ge- By: I Pamela R.Ubrig,City Clerk STATE OF WISCONSIN ) ss. WINNEBAGO COUNTY ) Personally came before me this I19111 day of uX►e ,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. oTf f tary?ubli , tate of Wisconsin : �a� - My Commission expires: 1Z/L5/2023 � ,• •,'lr APP. OVED S T ORM: r2% 2 , 1 Lynn .Lorenson,City Attorney �'�• '''; (, STiA 4 March 4, 2020 r i LOT 1 NW 1 /4 • CS v 5405 OF SW 1 /4 SEC. 36, n I." T18N R16E i 1 j0 Z • ' n 2 N 0 O PARCEL 14-1257-0100 --A OZ N COMMUNITY FIRST CREDIT UNION �f N� W N 2772 OREGON ST � 2 OC 30 PROPOSED SIDEWALK EASEMENT > 1 1 0 C] • r .Qi 1 10 1N2r II :W 191 0 N O s.M CITY OF OSHKOSH } ENGINEERING DIVISION FILE NAME: DRAWN: PROPOSED SIDEWALK EASEMENT 1. 2772 Okegon St y Sidewalk Eaeement-dwg 1-l3.2O1O 2772 OREGON STREET E GRAPHIC o 20 40 o SCALE: (IN FEET) 1 INCH=40 REST Exhibit A lot