HomeMy WebLinkAbout101 W Snell Road 15-1960-5700 i3SCo7
RECEIVED II
8 6 3 1 2 04
Tx:4467106
SEP S 2020 DOC# 1828061
Easement NATALIE STROHMEYER
FRK'S OFFICF REGISTER OF DEEDS
Document Number Document Title WINNEBAGO COUNTY, WI
RECORDED ON:
THIS Agreement is made this 91' day of ZfU Jt.Q� _,2020, 09/11/20 20 10:44 AM
by and between BUCDARMAR,LLC,(Bucdarmar)a Wisconsin Limited Liability RECORDING FEE: 30.00
Company,Grantor,and CITY OF OSHKOSH,(City),Grantee, PAGES: 7
1. PURPOSE: The City and Bucdarmar both seek to improve surface
storm water drainage for Bucdarmar's property as well as related to the
reconstructed Snell Road by placing a storm water catch basin and Recor.,...a R.
underground storm sewer pipe on Bucdarmar's property. The new
Name and Return Address
storm water drainage facilities will improve the surface drainage on City Attorney's Office
Bucdarmar's property,and will help the City's overall storm water P.O.Box 1130
C ��management system. Oshkosh,WI 54903-1130 h
2. EASEMENT: Bucdarmar,his successors and assigns,gives and 91519605700
grants to the City,and the City accepts,an Easement over,under,and Parcel Identification Number (PIN)
through the Property described in this Easement Agreement.The Easement may be used for all purposes
related to the City's storm water management system.
3. CONSIDERATION: One dollar($1.00)and other good and valuable consideration,the amount and
sufficiency of which is accepted by both parties as appropriate for the purposes of this Agreement.
4. GRANTOR'S PROPERTY: The Easement will be over,under,and through a small part of Grantor's larger,
manufacturing property,which is currently used as a custom steel manufacturing company.
5. 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
6. EASEMENT LOCATION: For visual reference purposes,the Easement Property is described as:
Easement Property Map Attached as Exhibit B
7. ACCESS RIGHTS: The City shall have the right to access and use the Easement Property for all purposes related to
its storm water management system.
T
MANAGEMENT SYSTEM: Citywill use the Easement Property for a catch basi
8. USE FOR STORM WATER Sp Y
and storm sewer pipe connecting the catch basin to a storm sewer within the adjacent Street right-of-way. The catch
basin will supplement an existing drainage swale on the Grantor's property. 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 righ
to access,survey,lay,construct,use,operate,maintain,repair,replace,relocate,and/or remove storm water sewers
and/or storm water drainage facilities. The City will connect Bucdarmar'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.
9. 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
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pri1 22, 2020
Bucdarmar receives permission from the City,Bucdarmar 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. Bucdarmar shall be responsible
for maintaining the surface of the Easement Property,except the inlet. Bucdarmar will take all reasonable
precautions to avoid grass clippings,yard waste,and debris from entering the inlet.
10. INTERFERENCE WITH EASEMENT: Bucdarmar 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. Bucdarmar 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. Bucdarmar 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 Bucdarmar fails to remove these materials or objects
interfering with the Easement,the City may remove them at Bucdarmar's expense. Bucdarmar shall take reasonable
steps to prevent third parties from interfering in any way with the City's use of the Easement Property.Bucdarmar
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.
11. USE OF EASEMENT BY OTHERS: Bucdarmar 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 Bucdarmar's interest in the Easement Property shall be
protected to the same extent as if the City was itself performing the construction and maintenance.
12. DEFAULT: If either Bucdarmar 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.
13. 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
Bucdarmar and the City,their respective heirs,executors,administrators,successors,assigns,and legal
representatives.
14. EXISTING EASEMENTS: Bucdarmar and the City are not aware of any recorded Easements which relate to or
affect the Easement Property.
15. 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.
16. 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.
17. 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 Bucdarmar or the City that other persons or entities shall acquire any rights to
enforce or benefit from this Agreement.
18. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the municipality's right or
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April 22, 2020
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.
19. 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.
20. 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:
Bucdarmar,LLC
101 W.Snell Road
PO Box 1512
Oshkosh,WI 54903-1512
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O.Box 1130
Oshkosh,WI 54903-1130
21. 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. Bucdarmar 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 22, 2020
IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
GRANTOR
UCDARMAR, LC
By:
Donald L ,M aging Member
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this Al(!1 day of ,2020,the above named Donald Laabs,to me known to be
such person who executed the foregoing instrument and" cd d e same for purpose herein contained.
•
Notary Public, State of Wiscons'
My Commission expires: a
GWEN E SCHOENHEIDE
Notary Public
CITY OF OSHKOSH State of Wisconsin
By:
A.Rohloff,City ge
By:
Pamela .Ubrig,City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this St day of J- U, 2020,the above named Mark A.Rohloff and Pamela R.
Ubrig of the City of Oshkosh,to me known to be such pers ns who - -tuted the foregoing instrument and acknowledged the
same,for the purpose herein contained.
N. c, SWisconsin
My Commissio xpires: 12//6 2023
AP VED AS TO RM:
Lorenson, Attorney
4
April 22, 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.
(print name of mortgagee)
NNW
j e) (title)
,
pitn name) (print title)
STATE OF w►.'I S[,pet a n )
r )ss.
W iilpie 124y0 COUNTY )
Personally me before me this D7 b day of �J ,2020,the above named .Ovk 14 V L•44 tic
(signator)of t.11„ Ce.r'l v ar (mortgagee),to me known to be such persons who executed
the foregoing instrument and acknowledged the same,for the purpose herein contained.
( 4.L &
Nota Public State of
CiSc �rg?n
My Commission expires: 3 Jf La/
GWEN E SCHOENHEIDE E SCHOENHEIDE
Notary Public Notary Public
State of Wisconsin *.ate of Wisconsin
5
April 22, 2020
Easement for Storm Sewer Drainage
Parcel 15-1960-5700
Owner: Bucdarmar LLC
Address: 101 West Snell Road
Part of 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 the 1992 WisDOT ROW Plat Project#6432-03-21. Commencing at
the Northwest Corner of Section 1,Township 18 North, Range 16 East;Thence N 87°55'47" E, 591.00
feet along the north line of the Northwest 1/4 of said Section 1 also being the centerline of Snell Road;
Thence S 02°04'13" E, 33.00 feet to an angle point on the south line of said Snell Road;Thence
S 81°05'13" W,85.03 feet along the south line of said Snell Road to the point of beginning;Thence
S 02°04'13" E, 15.56 feet;Thence S 87°55'47"W, 10.00 feet parallel to the said north line of the
northwest 1/4 of Section 1;Thence N 02°04'13"W, 14.36 feet to a point on the south line of said Snell
Road;Thence N 81°05'13" E, 10.07 feet along said south line of said Snell Road to the point of beginning.
Said easement contains 149.60 square feet or 0.0034 acres more or less.
EXHIBIT A - Page 1 of 1
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CITY OF OSHKOSH
ENGINEERING DIVISION STORM SEWER EASEMENT
FILE NAME: DRAWN:
lc,'CV Snell Rd Easemrntdwg 2-27.2020 101 West Snell Road
GRAPHIC o 10 20
SCALE: (IN FEET)
1 INCH-20 FEET
EXHIBIT B - Page 1 of 1