HomeMy WebLinkAbout1658 Maricopa Drive Easement $ T x:4449306
DOC# 1820708
Document Number Document Title NATALIE STROHMEYER
r REGISTER OF DEEDS
THIS Agreement is made this / ^ day of ri 1 2020, WINNEBAGO COUNTY, WI
by and between Jeremy G.Arends,Grantor,and City of Oshkosh,Grantee,
RECORDED ON:
06/26/2020 02:59 PM
1. PURPOSE: The City and Arends both seek to improve surface RECORDING FEE: 30.00
drainage for storm water by placing a storm water inlet and PAGES: 6
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underground storm sewer pipe on Arends's property. The new storm
water drainage facilities will improve the surface drainage on Arends's
property,and will help the City's overall storm water management
system. Recording Area
Name and Return Address 1/
2. EASEMENT: Arends,his successors and assigns,gives and grants to City Attorney's Of WIfice C ((r7[7
the City, and the City accepts,an Easement over,under,and through P.O.Box I0 b?,
the Property described in this Easement Agreement.The Easement Oshkosh, 54903-1130
may be used for all purposes related to the City's storm water 91316620000
management system. Parcel Identification Number (PIN)
3. CONSIDERATION: The sum of One and NO/100 dollars($1.00)and other good and valuable
consideration,the receipt and sufficiency of which is acknowledged. The City receives the benefit of
improvements to its public storm water management system. Arends receives the benefit of improved
surface drainage on his lot.
4. PROPERTY: Arends's larger Property within which the Easement Property is located in the City of
Oshkosh,Winnebago County,State of Wisconsin,and is described as follows:
Lot Four Hundred Twenty-four(424)in THIRD ADDITION TO WESTHAVEN,
in the Thirteenth Ward,City of Oshkosh,Winnebago County,Wisconsin.
5. EASEMENT PROPERTY: The Easement allowing the City to install and operate public storm water
management facilities shall be over,under,and through a part of Arends's Property in the City of Oshkosh,
Winnebago County,Wisconsin,(`Easement Property"), is described below. A locational map of the
Easement Property is attached as Exhibit A.
Being a part of Lot 424 of the 3rd Addition to Westhaven Plat located in the Southwest 1/4
of the Southeast 1/4 of Section 28 in Township 18 North,Range 16 East,Thirteenth Ward,
City of Oshkosh,Winnebago County bounded and described as follows:
All bearings and distances reference the 3rd Addition to Westhaven Plat, Commencing
at the northeast corner of Lot 424 of the 3rd Addition to Westhaven Plat also being the
southwest corner of Allerton Drive and Maricopa Drive and the point of beginning;
Thence S 00°26'47"W, 15.00 feet along the east line of said Lot 424;Thence
N 59°18'13"W, 15.11 feet to a point on the northwest line of said Lot 424 athe
south line of said Maricopa Drive;Thence N 60°56'47"E, 15.00' along sai ,south RECEIVED
line of Maricopa Drive to the point of beginning.
Said easement contains 97.92 square feet or 0.0022 acres more or less. JUL , 2020
6. ACCESS RIGHTS: The City shall have the right to access and use the Easement Pgyig gag Kitiz:tfieCtEEKE
its storm water management system.
7. USE FOR STORM WATER MANAGEMENT SYSTEM: The City will use the Easement Property for an inlet and
storm sewer pipe connecting the inlet to a storm sewer within the adjacent Street right-of-way. The City shall have
the right to fully use the Easement Property for these purposes as part of its storm water management system. The
City shall have the right to access,survey,lay,construct,use,operate,maintain,repair,replace,relocate, and/or
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pril3, 2020
remove storm water sewers and/or storm water drainage facilities. The City will connect Arends' private storm water
lateral to the City facilities within the Easement Property as part of the City's installation of the inlet within the
Easement Property. Future maintenance,repairs,or replacement of the private storm water lateral within the
Easement Area requires the City's prior approval,which includes obtaining all necessary right-of-way and building
permits.
8. MAINTENANCE: The City shall be responsible for maintenance,repair,and replacement of all storm water
drainage facilities on and within the Easement Property. The City is responsible for restoration of the Easement
Property if it is disturbed because of the City's actions. Restoration includes grading and seeding,repairs of erosion,
and regrading when necessary. The City's restoration of the Easement Property,and the maintenance of its storm
water facilities,shall be at the City's sole discretion. The City's goal is to take actions towards ensuring that the
public storm water facilities within the Easement Property reasonably function according to their design. Unless
Arends receives permission from the City,Arends shall not perform any repairs or maintenance on the City's facilities
within the Easement Property,except to remedy any issue associated with any interference with the City's Easement
rights, or to remove debris from the inlet before the City is able to do so. Arends shall be responsible for maintaining
the surface of the Easement Property,except the inlet. Arends will take all reasonable precautions to avoid grass
clippings,yard waste,and debris from entering the inlet.
9. INTERFERENCE WITH EASEMENT: Arends shall not interfere in any way with the City's use of the Easement
Property,or install or construct any structures or improvements,landscaping or otherwise,within the Easement
Property. Arends shall not place,pile,or move snow or ice onto the Easement Property.Prohibited new structures or
improvements include,but are not limited to,temporary or permanent buildings,driveways,parking areas,sheds,
change in elevations,vegetation except grass,landscaping or fences. Arends shall promptly remove any objects,
materials,or structures which impede the City's use of the Easement Property or limits the functioning of the City's
storm water drainage system as it is designed. If Arends fails to remove these materials or objects interfering with the
Easement,the City may remove them at Arends's expense. Arends shall take reasonable steps to prevent third parties
from interfering in any way with the City's use of the Easement Property.Arends shall notify and consult with the
City before entering into any subsequent easements with other parties that include the Easement Property. The City
reserves the right to object and prevent other easements on the Easement Property if the proposed easement will
adversely affect the operation and/or maintenance of the City's facilities as designed. A material increase of the cost
of operation or maintenance of the City's facilities is an allowed reason to object to prevent subsequent easements on
the Easement Property.
10. USE OF EASEMENT BY OTHERS: Arends agrees that the City may temporarily assign its right to access and use
the Easement Property to any contractor,third party,or other assignee that will be performing work within the
Easement Property. The City shall take reasonable steps to ensure that its contractor,third party,or assignee has
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 Arends's interest in the Easement Property shall be
protected to the same extent as if the City was itself performing the construction and maintenance.
11. DEFAULT: If either Arends or the City reasonably believe 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 take immediate action when it
reasonably believes that the alleged breach will materially interfere with the design of its facilities within the
Easement Property.
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
Arends and the City,their respective heirs,executors,administrators,successors,assigns,and legal representatives.
13. EXISTING EASEMENTS: Arends and the City are not aware of any recorded Easements which relate to or affect
the Easement Property.
14. 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 Agreement shall be construed as a waiver of the right or
power. In the unusual circumstance where an action/inaction could be construed to be a waiver,such waiver shall be
limited in scope and narrowly construed.
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April 3, 2020
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15. INVALIDITY: If any term or condition of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable,the remainder of this Agreement shall not be affected by such determination,and each term
and condition shall continue to be valid and enforceable to the fullest extent permitted by law.
16. NO THIRD PARTY BENEFICIARY: The terms of this Agreement are for the benefit of the two parties identified,
and it is not the intention of either Arends or the City that other persons or entities shall acquire any rights to enforce
or benefit from this Agreement.
17. MUNICIPAL LIABILITY: Nothing in this 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.
Damage limits,caps and immunities found in Wisconsin law are intended to be preserved and are incorporated into•
this Agreement and shall govern all disputes,whether arising through the terms of this Agreement or otherwise,to the
extent that the claims,liabilities,or damages apply to the municipality and its agents, officers,and employees.
18. GOVERNING LAW: This 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.
19. NOTICES: Any notices required by this Easement Agreement shall be in writing and delivered via certified mail,
return receipt requested,to the following addresses. 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:
Jeremy G.Arends
1658 Maricopa Drive
Oshkosh,WI 54904
FOR THE GRANTEE:
City of Oshkosh
do Director of Public Works
P.O.Box 1130
Oshkosh,WI 54903-1130
20. AUTHORITY: The City affirms that all necessary boards,commissions, and elected officials have approved the
acceptance of this Easement and the terms of this Easement Agreement,and that the undersigned have the authority to
sign this Agreement on behalf of the Grantee. Arends affirms that he has the authority without limitation to grant this
Easement and to enter into this Easement Agreement.
SIGNATURE PAGES FOLLOW
This instrument drafted by:
Attorney David J.Praska
Deputy City Attorney
Oshkosh,WI 54903-1130
3
April 3, 2020
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IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
JEREMY G.ARENDS
n
j.---'' (_,,<;,--lk.....- -
emy G. end
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this it rh day of IA 1 ,2020,the above named Jeremy G.Arends,to me known to be
such person who executed the foregoing instrument and aclwl ed the same,for the purpose herein contained.
Notaryl' State Wisconsin
My Commission expires: 1 C •'W-1.,(
1
0 LUCY MEYER
1 Notary Public
CITY OF OSH�K/OSH �/ 0 State of Wisconsin
By: 1 ( �_/D — —— —
Mar A.Rohloff,City r
By:
�
Pamela R.Ubrig,City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this 91 h day of Tune ,2020,the above named Mark A.Rohloff and Pamela R.
Ubrig of the City of Oshkosh,to me known to be such pers s who executed the foregoing instrument and acknpwledged,the
same,for the purpose herein contained. ., `E R._ <
014.
Notary blic, to of Wisconsin ;' E-� '' `!%a';
My Commission expires:‘2 ji s/2023 : "r _ ,
/ 0 O ,
APP VED AS TO ORM: ‘ C� i8 , q2
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Lynn Ai orenson, rn Attoey '+..
Tr.,y ��
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April 3, 2020
CONSENT OF MORTGAGEE
The undersigned,being the holder of a mortgage against the property which includes the identified and described"Easement
Property"in this Easement Agreement,consent to the grant of the Easement set forth above for the sole purpose of subordinating
its interest in the Easement Property to the conveyance of this Easement.
uc6)t \ahi
(print name of mortgagee)
By er
signature) (title)
le e- NcsonaA .nKt v-
(p ' t name (print title)
STATE OF kg%SW 6I`1 )
��a )ss.
Yv nieby COUNTY )
Cei
Personally came beforRte this ) day of Apra ,2020,the above named Texel 4 r na<
(signator)of r nK (mortgagee),to me known to be such Arsons who executed
the foregoing instrument and acknowledged the same,for the purpose herein contained.
LUCY MEYER Not Pu lic,State f \I
Notary Public My Commission expires: i(')-Z C- )Z-3
State of Wisconsin
5
April 3, 2020
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CITY OF OSHKOSH o
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ENGINEERING DIVISION Storm Sewer Drainage Easement CI
FILE NAME: DRAWN:
1658Matim Dr 03-09-2020 1658 Maricopa Drive a
Storm Sewer Euamment.dwg 0
GRAPHIC 0 20 40
SCALE: (IN FEET) 1 INCH=40 FEET
Exhibit A lel