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HomeMy WebLinkAboutNon-Exclusive Easment 08-2434-2001 & 08-2434-2002 111111111111111111 13 3696. $ Tx:45 9 201146 Non-Exclusive Easement DOC# 1849135 NATALIE STROHMEYER Document Number REGISTER OF DEEDS Document Title THIS INDENTURE,made this qda of WINNEBAGO COUNTY, WI —�— y — _,2021, RECORDED ON: 04 J 20 f 2021 by CITY OF OSHKOSH, a municipal corporation located in Winnebago County, EE'29 PM Wisconsin, Grantor,and WISCONSIN PUBLIC SERVICE CORPORATION, . RECORDING FEE: 30.00 Wisconsin Corporation,Grantee: PAC{TIVED IN CONSIDERATION of the sum of One Dollar($1.00)and other good and valuable consideration paid by the Grantee,the receipt of which is hereby APR 3 2021 acknowledged,the Grantor does hereby give and grant unto the Grantee,its successors and assigns,and Grantee accepts,a non-exclusive Easement over,under Recording Area C ITY CLERK'S OFFICE and through the Grantor's Property as hereinafter described. Name and Return Address 1 PURPOSE: The Grantor reconstructed and reconfigured its Riverside City Attorneys Office P.O.Box 1130 Park parking lot in or around 2014-2015. This parking lot is used for Oshkosh,WI 54903-1130 general public parking,as well as parking for Riverside Park and the City's adjacent Convention Center. The City's project allowed 90824342001 Grantee to update and/or reroute its utility facilities under the City's 90824342002 parking lot,as well as formalizing the use of the City's property Parcel Identification Number through this Easement Agreement. The Oshkosh Common Council approved an Easement and authorized(PTN1 the negotiation of specific terms and enter into an Easement Agreement through Resolution Number 14-328, on July 22,2014.For various reasons the Easement Agreement authorized by the Common Council was not negotiated and agreed upon until this document. The passage of time has provided the opportunity to include in this Easement Agreement a new section of Easement to the previously authorized Easement. 2. GRANTOR'S PROPERTY: The Grantor owns two parcels that are subject to this Easement. One parcel, tax number 90824342001, is Lot 1 of Certified Survey Map 6809, and is used primarily as the Riverside Park parking lot but also includes a section of Riverside Park itself as well as Grantor's public river walk. The second parcel,tax number 90824342002,is Outlot I of Certified Survey Map 6809,and is used as a part of Riverside Park. Part of Outlot 1 is also designated for use for outdoor events at Grantor's Convention Center which is located on an adjoining parcel. All of these uses have been occurring for decades within the area now designated as the Easement Property,and they will continue to occur in the future. The Easement granted will be subject to these uses. Certified Survey Map Number 6809 is attached as Exhibit A and is incorporated into this Easement Agreement. 3. EASEMENT PROPERTY: A non-exclusive Easement described herein shall be over,under,and through certain land situated in the City of Oshkosh,Winnebago County,Wisconsin,(`Easement Property")and described as follows: [Legal Description Attached as Exhibit B and is incorporated herein] 4. EASEMENT MAP: Maps showing the location of the Easement Property are attached as Exhibit C and are incorporated herein. 5. PROPERTY USES: The Easement Property crosses Grantor's Property that is used as a public parking lot,public • park,and public river walk. Grantor's adjacent Convention Center also uses part of the public park and parking lot for its events. Grantor's nearby Leach Amphitheater also uses this parking lot for events.These are long-time uses that are expected to continue into the future. Grantor has also installed numerous utilities,facilities,structures,and features within Grantor's Property. Some of these serve the property itself,while others may be part of the City's public utility systems. AT&T currently also has utilities,facilities,and features on Grantor's Property. Additional utilities,facilities,and features are likely to be added or modified in the future. These would include,without limitation,electrical,storm water,sanitary sewer,water distribution mains,or the facilities and equipment of other utility providers. A map of the current underground uses is attached as Exhibit D and is fully incorporated herein. March 18, 2021 1 ��z c• I 6. EASEMENT RIGHTS: Grantor grants,and Grantee accepts,a non-exclusive Easement over,under,and through the Easement Property. The rights and limitations of this Easement are as follows: a. All utilities and facilities installed by Grantee and others using the Easement Property shall be underground. Surface features,meaning those features that do not extend up above the surface,will be allowed when necessary. Equipment,buildings,structures,transmission lines,or any other facilities or other features shall not be installed above ground without the approval of the Grantor. Grantor is under no obligation to approve any above-ground equipment and/or features. To the extent above-ground equipment or features are proposed, Grantee must show to the Grantor's satisfaction that the above-ground equipment or feature is technologically required AND there is no other location where it may be located. Grantee's assertion that the above-ground location within the Easement Property is the most cost effective or most cost-efficient location will not be considered good cause to allow the above-ground equipment or feature. b. The Easement Property p rty may be used by Grantee for the underground transmission of electrical energy for purposes related to light,heat,power,signals,communication,and/or other similar purposes that are now,or may hereafter be,part of Grantee's business. Grantee's allowed use of the Easement Property includes the necessary and usual appurtenant transmission equipment.For purposes of clarification,Grantee shall not construct or install gas lines,gas services,or gas facilities within the Easement Property. c. Grantee's equipment and facilities within the Easement Property may cross,closely parallel,be in close proximity,or share space with uses,equipment,and facilities of Grantor and others. Grantee shall have the right to use its existing equipment and facilities without interference or obstruction. Future alterations, expansions,extensions,or changes of facilities or uses within the Easement Property will be allowed provided these actions: 1)are coordinated with the Grantor and any other entity using the Easement Property;and,2)do not result in facilities and/or uses that interfere with or obstruct other allowed uses or facilities existing within the Easement Property at the time of the proposed alteration,expansion,extension,or change. d. Grantee's use of the Easement Property shall not interfere with the public use of the Grantor's Property,except there may be temporary,periodic disruptions for limited periods. Parts of the Easement Property are used by the adjoining Convention Center for both parking and actual event space. Additionally,the public parking lot is also used for events occurring at the adjoining Leach Amphitheater. Grantee work or actions related to the Easement Property shall take these other uses into consideration,and all parties shall make good faith efforts to minimize the effect of their actions with others having interests in the Easement Property. 7. NON-EXCLUSIVITY: The Easement is non-exclusive. The City and others have the right to share the Easement Property,subject only to ensuring that the space may be safely shared with the uses at the particular time work in the Easement Property is proposed. a. Once utilities and facilities are installed within the Easement Property,they shall be allowed to operate safely and according to their design without interference from others seeking to use the Easement Property. Those, seeking to use the Easement Property,or those already using the Easement Property but seek to add,subtract, move,change,modify,enhance,upgrade,or perform other work must work around other uses of the Easement Property at that time. b. The City's public parking lot,park,river walk,park-area benefitting the adjoining Convention Center,and other uses existing at the time this Agreement is entered into,including all appurtenances,will continue at the Grantor's discretion,and shall not be limited or materially interrupted by Easement activities except for brief and temporary periods when necessary. c. The City's use of its facilities and other public utilities is an important consideration for evaluating the allowance of additional uses or configurations of the parcels. Various other uses may cross,closely parallel,be in close proximity,or otherwise share surface and/or underground space with Grantee's equipment and facilities. The safety of all uses is a priority,and all parties sharing space within the Easement Property will be expected to cooperate and coordinate activities related to its uses. 8. ACCESS: Grantee shall have the non-exclusive right to use the Riverside Park parking lot,including outside of the Easement Property,for ingress and egress related its use of the Easement Property,including inspections, monitoring,maintaining,and repairing the equipment and facilities within the Easement Property. Except for the Riverside Park parking lot,all access to and use of the Easement Property must be limited to the Easement Property unless an agreement for temporary use is agreed upon by the parties. Grantee's use for access of drive aisles,parking March 18, 2021 2 spaces,and driveways within Grantor's municipal public parking lot shall not interfere with,block,or limit the use of the parking lot by the Grantor,Convention Center patrons,or the public. Except for emergency circumstances, Grantee will provide Grantor with sufficient advance notice that it will need to temporarily block or limit access to Grantor's property.Except for emergency circumstances,Grantee agrees to make reasonable adjustments to its maintenance or repair schedules to accommodate events at the Convention Center and/or the Leach Amphitheater. Except for emergency circumstances,Grantee shall obtain a Right of Way within the Easement Property or for any interruption in the use normal use of ra Grantor's Property before such work begins. In emergency circumstances,a Right of Way permit shall be obtained as soon as practicable after the emergency has subsided. Both parties agree to negotiate resolutions of disputes in good faith. 9. MAINTENANCE: Grantor and Grantee shall be responsible,at their own expense,for inspection,maintenance, repairs,and replacements of their respective facilities at the Easement Property. In general terms,Grantor is responsible for maintaining its parking lot,park,Convention Center outdoor event area,and the river walk,and Grantee is responsible for its equipment and facilities within the Easement Property. More specifically, a. The Grantor's Property,as identified in Exhibit A,is environmentally challenged land presenting numerous subsurface issues that need to be continually identified,considered,and addressed. These challenges must be considered and addressed before any construction,repair,or maintenance occurs within the Easement Property, or within the Grantor's Property as a whole,occurs. Any environmental requirements will be met on the ROW Permit. b. Grantee is responsible for maintaining,repairing,replacing,or removing any above ground equipment and any underground conductor would be abandon in place,its equipment and facilities over,under,or through the Easement Property. To the extent that Grantee's actions require the temporary disturbance or removal of Grantor's surface improvements,then Grantee must return Grantor's property to the same or similar condition as it existed prior to the disturbance. Grantee shall be responsible for the cost of repairs or replacement of anything or anyone whose damages are related to the installation,operation,maintenance,repair,or replacement of Grantee's facilities within the Easement. This responsibility includes damages or disturbances related to persons,real property,personal property,fixtures,equipment,and facilities. Included within the List of items that may be subject to damages related to the Easement are persons,vehicles,equipment,driveways, drive aisles,parking areas,river walk,river shore,landscaping,storm water drainage,bio-filtration,lighting, and electrical facilities. c. Regarding Grantee's obligation to repair or replacement property,Grantor has constructed the parking lot and river walk using certain products or materials for specific reasons related to environmental conditions present at this site. Therefore,all repairs and/or replacement of materials and methods associated with parking lot and river walk restoration must be specifically approved by the Grantor. The parties understand that as a result of these specialty products or materials,the costs for such maintenance,repairs,or replacements may be greater than other products available. Grantor reserves the right to reject products or materials that may in other contexts be considered suitably similar. Cross sections and/or descriptions of requirements for maintaining, repairing,or replacing Grantor's parking lot are attached as Exhibit E and incorporated herein. d. Grantor is generally responsible for the usual and customary maintenance and repairs of the surface of the Easement Property. More specifically,Grantor is responsible for maintaining and repairing its equipment, facilities,and improvements over,under,or through the Easement Property,unless the damage is otherwise related to the Easement. Grantor is responsible for the cost of repairing or replacing damage to Grantee's authorized equipment and facilities caused by Grantor's negligence. Due to the specialized nature of Grantee's facilities,in most cases Grantee shall perform the actual repairs or replacements and submit the reasonable costs to Grantor for reimbursement. Notwithstanding the above,Grantor's responsibilities include only damages caused by its employees and agents. Grantee has knowingly included its equipment and facilities in a public parking lot and other property that is for the active use by the public. Therefore,Grantee is aware of the risks to its equipment and facilities related to the use of the Grantor's Property by the public. Grantee may seek reimbursement from third parties who may be responsible for damages caused to Grantee's facilities. e. Grantee's use of the Easement Pro e damage to the persons or �'or of Grantor's Property as a whole when allowed,may result in roe p third parties. In the event that the injured party makes a claim against the Grantor because of Grantee's ac ons,then Grantee shall hold Grantor harmless and shall indemnify Grantor for any expenses resulting from such claims. March 18, 2021 3 10. INTERFERENCE WITH GRANTOR/GRANTEE INTERESTS: The parties shall not disrupt or interfere with the others' use of the Easement Property. a. Grantor may change or alter its use of the surface of the Easement Property provided it does not interfere with the safety or function of Grantee's use of the Easement. Grantor will notify Grantee of any material change of use of the Easement Property and provide a reasonable time to engage in a discussion about the parties' interests. b. Grantee shall not make any material changes to its use of the Easement Property,including without limitation, underground,surface,or above-ground structures or facilities what would alter,change,or inhibit Grantor's use of the surface of the Easement Property.Grantee shall not construct any structures or improvements in the Easement Property which include,without limitation,temporary or permanent structures,landscaping,or fences without permission from Grantor. 11, USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the construction and maintenance rights identified herein to any contractor,third party,or other person. Assignees must demonstrate to the Grantee that they have sufficient competence and must give adequate assurances that any work to be performed in or around the Easement shall be conducted in a skillful manner. Assignees must also protect the Grantor's interest in the Easement Property to the same extent as if the Grantee was itself performing the construction or maintenance. Grantee and Grantor are responsible to the other for damages caused by their respective employees,agents,and contractors. 12. DEFAULT: Except for emergency circumstances,if either Grantor or Grantee reasonably believes that the terms of this Easement have been breached,then written notification of the alleged breach shall be delivered to the other party. Any party in breach shall have sixty(60)days to cure any actual breach. In emergency circumstances, Grantee may immediately take all necessary actions to protect the safety and functioning of its facilities within the Easement Property. 13. TERM: This Easement shall be perpetual,shall run with the land,and shall provide benefits and burdens upon the parties'successors and assigns. 14. EXISTING EASEMENTS: As described in this document,the Easement Property is or will be subject to other easements and uses by Grantor and by third-parties. 15. WAIVER: No delay or omission by any party to this Easement in exercising any right or authority related to a term or condition of this Easement shall be construed as a waiver of that right or authority. However,the notice and opportunity to cure provisions in paragraph 12,above,shall remain a prerequisite to making a claim of default against the other party. 16. INVALIDITY: If any term or condition of this Easement shall be held invalid or unenforceable by a court of competent jurisdiction,then the remainder of this Easement shall continue to be valid and enforceable to the fullest extent permitted by law. 17. NO THIRD PARTY BENEFICIARY: The terms of this Easement 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 from through this Easement. 18. MUNICIPAL LIABILITY: Except for the costs for actual damage to Grantee's facilities in the Easement Property caused by Grantor's negligence,Grantor incorporates into this agreement and relies upon its municipal limitations and immunities contained within Wisconsin law. Grantor's municipal immunities and limitations incorporated include,but are not limited to,Sections 345.05, 893.80,and 893.83,Wisconsin Statutes. Except for the aforementioned actual damage to Grantee's facilities in the Easement Property,such damage limits,caps and immunities shall be used to govern all disputes,contractual or otherwise,as they 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 dispute resolution or action regarding this Easement 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. March 18, 2021 4 20. NOTICES: Any notices required by this Easement 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. 21. INDEMNIFICATION AND HOLD HARMLESS:In consideration of the foregoing grant,it is understood that during the time said facilities are located on the premises of the Grantor pursuant to this grant,Grantee will indemnify,save,and hold harmless the Grantor,its successors and assigns,from any and all claims,liabilities,losses, costs,damages or expenses for injury or death of any person and any damages to property arising out of Grantee's exercise of any of its rights under this easement;excepting,however, 1)any claims,liabilities,losses,costs,damages or expenses arising out of negligence or willful acts on the part of the Grantor,its successors and assigns,employees, agents and invitees; 2)any special,consequential or indirect damages,including but not limited to,loss of profit or revenue,and diminution in value; and 3)any environmental claims,liabilities,losses,costs,damages or expenses not directly caused by the construction or operation of said facilities. FOR THE GRANTOR: City of Oshkosh do Director of Transportation 926 Dempsey Trail Oshkosh,WI 54902 FOR THE GRANTEE: Wisconsin Public Service Corporation do Real Estate Department 700 N.Adams Street Green Bay,WI 54301 22. AUTHORITY: The Grantee affirms that all approvals for this Easement necessary according to its corporate structure have been obtained and have approved the acceptance of this Easement,and that the undersigned have the authority to sign this Easement on behalf of the Grantee. Grantor affirms that all necessary boards and elected officials have approved the acceptance of this Easement,and that the undersigned have 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 and Grantee. SIGNATURE PAGE FOLLOWS This instrument drafted by: Attorney David J.Praska Oshkosh,WI 54903-1130 March 18, 2021 5 IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day and year first above written. GRANTOR: CITY OF OSHKOSH�/ By: /" -d'!� rk A.Rohloff,( ag r i By: Pamela R.Ubrig,City Clerk STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally came before me this i :\\C\day of 'CI\ ,2021,the above named Mark A.Rohloff d Pamela'R, Ubrig of the City of Oshkosh,to me known to be suchhprs•ns who executed the foregoing instrument and gal pa Iedged th same,for the purpose herein contained. ' , gam^r1 t i I3G ,N. .ry blic, innebago ounty,Wisconsin ^ "'; i- , , :: My Commission expires: 12/1 S/2Di? 1 'S. 0 / _ K_,, APPROVED A TO F 7`• �' `° " a 1 / , I ;-; Lyud .'Lorenson, Ci . orney '''i�u„ n „ '''`' 1 GRANTEE: WISCONSIN PUBLIC SERVICE CORPORATION By: wRE,Gitrsaz-- l - . RtQY 41,fsig_nature) (title) "r! 0• (print name) STATE OF WISCONSIN ) )ss. �tb L.L9 1(\ COUNTY ) Personally came before me this Cr"- day of ,2021,the above named kc r y t 'e n'. o ta e6. , to me known to be such person who executed the foregoing instrument and acknowledged the same, for the purpose herein contained. ril �n k Notary Public,State of Wisconsin Nob n pla lacce My Commission expires: 1,2..I g$) p`Z`b 1 State of Wisconsin March 18, 2021 6 _ i • • • esM-68ag • +. s }} _ w.0 my v�emx.._.. •�euw.im!�R,_..— m 4,2i E Bi ii ' il -Ill iR1 - 'z._, . 4:•,,,°" •Ri IP E.it 1 c°i 8, 2 _Q 1►,�1.0 4 wvvuos • 'o 05,g OP o // 40-. 7 . E,.,[4j • ' • Mc- 41P ,...-Y-' .,-k„,‘,... ! ,,,,71., . v•- • -E Sy�y TO / `. G P.: ' Sp SSKS {TES O 'm11`� 7/I. T `J/ 3 I � � 8 / 7' liA >q, ,f� '� ? - 'lc., 'r `����� rgrWw -i ^i Y ` . fir' g . i ,- ----- _I ..1cB 7- --.._.vA sNi 44--.71, , 3 aim /,/ - '-- d' P n ~ `,ppw _ ~ 'Q ll- ///7- ------- - i ----....1 "V.§. 1 'Er-->t-------.11 k.. i • . • //4 -- •-•-:* <.,, / i---: -----.J. ,i1 . ----"----, 1 \. f . j/ 1 .4-it,,z, •.,y. ,,,., . 1 —it, e1' `2fd • ��� • 'vAca7. €' ' ' --.----*----......_ <A, 1,/i.--.--`-• -.-- I 4'-i'cli-itli.Takpr . OBIa IIr . ��� �I Nr.iiH 1 x5 • • mEg • r� I il . . 9go m oxe.x l I j !Irv ,, . tie-z.F, R.:,..01,--- - - e N oho VgiVfi€li . r 'tirT:_ Sopmn EXHIBIT A (1 of 3) C • . • ' ' ' sM- g09 • /� CERTIFIED SURVEY MAP• AE COM ' ALL()PLOTS 0,8,AND 10 AND PART OP LOTS 7,AND 8IN BLOCK 1 a 0FLM.ALILLEj1'S FIRST ADDITION;AND ALL OF ' ' 1015 Kepler skive LOTS 1,2,3,4,8,6At10 PART LOTS 7 AND 8 M BLOCK 17 OP LM.MILLER3FIRSTADDInIOLNAHD PART OF LOT 4 OF Glean Way,VAra9t1 MOORE AND BOCK'S 9USOIVISION;AND PART OF VACATED MOORES7Tt�T,AND PART OF VACATED COURT STREET; Green Ba,N ALL IN THE EAST 1120F THE SOUTHWEST 1/40F SECTION 24,TOWN 18 NORTH;RANGE 18 EAST,8TH WARD,DRY OF • 9wwaowmoom 378 OSHK09H,W NNETIAGO COUNTY,WSGONSIN • o94,03»*s afAoout SURVEYOR'S CERTIFICATE • I,Ml5uel.1.Kam larsyk.a Reghf eyed Whoosh Lord Surveyor.do hereby wn4fy;That in fill compilenm with the proridons of ClapLer236,section 23694 of . ilea Wisconsin Stahtles,the Land So74Mdon Ordl maces cf Ydraiabago County,and the C9yof Od4wsh,and under One direc0ae of the CityofOshkosh,a Wtuonsln M Wctpal Corpo2ticn,owner ofrW lend,I have sunray'd,dN14ed and msppad the folcN,rtg Land bahg all of LothO,9,end 10 and part of Lots tend as 8 lot B le 16 of LAC LUIere FrtAddVan;and W of Lois 1,2,3,4,5,ei end pars Late 7 and 81n Block 17 al Litt.later*FMAddYbrr,and part of Lot4 of Moore and Books S1d,dkhhrr,and put of Vacated Moore Sheet;and put of vacated Court StreetalIn all a Eeat1r2 of the Sot ievest1/4 of Section 2A,Town 18 North; Range 18 Fla!,8 th Ward,Orly of Oshkosh,Winnebago County,'Nacio aln,bounded and desortbad rfottwr Convr.enckg etthe Soefevestco riser'of raid Section 24;1herre N0816'32.W,1360,78 feat along Ire Westin.of the Southwest 1/4 of Sndbon 24;thane Neg•447.Ef 1343.85 feat to the Soalwest carnet of tot 1 of M.A.Survey Map(C53,)number 0237 of Wnnebago County Reselds and a point on the East • NM-of-way 5nevf North Main Street,Bat beig the Point of Beginning;trance E78'22138'8,244.85 feetabry the South Ina of said Lot l to the Southeast cornet ofcatd Lot 1 and a panto°the WestOne of Lat8 of Stoat 18 orLM.Mikes Stet AddMorr,then.NIS'32'14'E,2248feet along the Ent Ise ofeala Lott and the West Ina of said LBte lb the Nodfetmet nxner o(eaH Lott,thence 576'89V3'E,12.50 feel.long the E.(Au of said Lot 1 and(he North'.of said Lot 8 to Ilia Norifweat cares of an Lot Band a Writ on Ilia West Inn alto(9 of Dtodc 18 of LIA MB(ees Prst AddMonl therm N 13'32T 4'E,285.03 feat alang the East the of svtd Loot l and Una Wasi lute of eald Lol n to the Herrin net corner ofseld Lot9 and a point on the South rig Mvf way line or Ceape Avenue;than. S7611ca re,280.00 feet Wong the South dghtvf•vay line of Cups Avenue and the North Ilan of Btordre 18 and 17 dL4T.Mdaer's FretAdELkn to the Northeast comer of tot 6 and the Itorthwealmrtnt of Lot 7 of Block 17 of LM,M6et'a Hai M040nt them.°613'3214'W,250.03 feet along the Eaat Ina of sail Lot 8 and • the West flee of said Lot to the Southwest comet of the tlo0 260.00 feet of sett tot 7;thence S78'1 Lan N 100.00 fain along the South lne of the North 280.00 feel of Lola 7 and 8 of Bieck 17 dLJL.Milers First Ad0!on to a point.°the Fast Ina of vaaded CosaiSbeet and the WeetdgMvfivay fno of o0laWg Cars-Sbeet,Liun.912°3714'W,192 00feet along Na Earl Ica of Vecned-Court Street and to West rigM.ofavay One of misting Court Street to the North Ina' of vacated Caut Street and the South d1M.of vay line of emitting Cowl She k theme 576'14-rr t,811A0 feat along the North Coact vented CocotStreet and the South dgMv(iny Ins of exiting Court Sbe el to the Southeast comer of the existing Cora1Sbeat right-of-way end a point on the West Me of Ld 1 of Block 18 of LIL Mikes Plat Addition;than.913`3214W,142.32 feet along the East Ora of varale d Cast Street and the West Ina of art Lott b a pokt on the Northeasterly Shorn tea(US.Harbor Ine)of the Fox Myer ea estnNlshad bye General Craaterce of the Ceyof Ostokosh per Dcaanenf No.2182714 of Winnebago County RapIrby;thence N58'R351Y,725.42 faitstiorg said Martha needy Shona the(U9.Hedwf tlna)to a point on the East III 4+lray In of North Matt Stoat end the Wovtbne of Lot 4 of Moore and Baas Subdidsbcnr,thanes NO3.43'IEE,78.08 fa itabnq the Eeat rgh4ofwey the of Nord}Melt Street and Ofa West fro of sett Lot 4tb the Point of Beginning and the and dt is dessoiplbra Saki property anfatrdng 204,782 square feel or4,701 acme,Mora or less,and being al of Wsseabaga Carry ''SGONS;p'.a parcel nurnberaso800170000,9030010003,and 90806180033.Waldpmparty l•subject to easementsatd •4a` ••'•'•'•..-il restrictions oftainnL Beatings are referenced to the Winnebago Canty Coordrate System. * •F lCH, -,,'''• ,• 'Roth.survey of said land was done under my dimetsuparvekn and the map hereon lea W0. e• • • Y' K repmsudallonotthe exterior boundedaalhereof. ' :CI S-28 *7 as. 1• r ',r MUNICIPAL OWNER'S CERTIFICATE E The City of Oshkosh.a munldpalrnrporslkn oiaubed erdadstitg uncle rand by Mu •f the Laws oftha Slate of'atm.:en,as ownet,door hereby certify that saki owner caused the buddesrnbedtobearrreynd,aideddodoated,andmappedasrepreee°tadonth map,Inaaordance will Bw provisions ofCtap'=r • 239 of the Vrlsmn etn 5trtvlas and the Lard Subdivision°rdlvnra of the City of Oshkosh • In Yaw.1MYneof,the said City of Oshkosh,has.used these pnsenm to be atoned by LUtk RuNofl 8o C5y Manager,and munlorabned bf Pertde Ubdgr lie O0Y C1ady • at D b`LI}` rllbin0!>15f ,thIeA la day of 4-0A01)711,q 20, 1 The Cry of Oshkosh ' . , City Manner ely IXerk STATE OF WISCONSIN) ;SS . WINNEBAGOCOUNTY) ��11 �{al' tyq�� fl Pemortslly came before ova t n7 ti 'day of V(nl`t�RA 291'the aforemenlbned npmaenta8+es trite Cdyef Ostk.h,Ivannto me to be ! ! the ers1vvine�who J the ring k emend etiv�cv4edged the alma yy /� !� 1IIh���J'(+J'j�`'�J"e trl'' C��� 'My mnvdsskn expires ou �dsr� / • NnRary T'ubCF - • VMneWgoCounty,State ofWi vrssll 1 err(OF OSHKOSH PLANNING COMMISSION CERTIFICATE OF APPROVAL t1r5015TRllLF7ROPAp 3v .1Ual 1 KAGLN.RZY1i AE r AECOMTECMC111grOCE9,NC ' This Cart fled 9 uvey Map has been approved by the CAy of Oshkosh Planning Commcnien • SHEET .2 OF 2. 1 ! • /� �� PROJECT No. 60301190' • ,.,//� • CARD FILE 6030s970-c5M l •• Comn Date • • DRAWN BY Max I r R mectee+e .. OATE DRAWN 12/19/13 EXHBIT A (2 of 3) • • • eaI • {BF[,l! IF • • Tx:409647B • • • 16E6727' • REGISTER'S OFFICE • • WINNEBAGO-COUNTY',• WI RECORDED ON • • 01/21/2014 2%39 PM I • • U0�ULIE pAa�$09 • REGISTER OF DEEDS • • RECORDING FEE 30.00 • � f . I • - i • • • • li • Ij • • • { • • • !! I • • • • EXHIBIT A (3 of 3) • EASEMENT#1 Parcel#08-2434-2001 Lot 1 of CSM 6809 A 12 foot wide electrical easement to Wisconsin Public Service on Lot 1 of Certified Survey Map 6809 recorded as document No. 1656727,all in the East 1/2 of the Southwest 1/4 of Section 24,Township 18 North, Range 16 East,8th Ward,City of Oshkosh,Winnebago County,Wisconsin. Commencing at the Southwest corner of Section 24,Township 18 North, Range 16 East;Thence North 00°15'32"West, 1350.79 feet along the West line of the Southwest 1/4 of Section 24;Thence North N89°44'25" East, 1343.65 feet to a Northwest corner of Lot 1 of Certified Survey Map 6809 of Winnebago County and a point on the East right-of-way line of North Main Street and the Point of Beginning;Thence South 76°22'36" East, 35.45 feet along the North line of said Lot 1 of C.S.M. 6809 to the Northwest corner of Outlot 1 of C.S.M.6809;Thence South 22°41'18" East, 14.89 feet;Thence North 76°22'36"West,30.00 feet along a line parallel to and 12 feet offset from said boundary line of Lot 1 of C.S.M. 6809;Thence South 03°43'15"West,71.11 feet along a line parallel to and 12 feet offset from the West line of said Lot 1 of C.S.M.6809 to a point on the Northeasterly Shore fine (U.S. Harbor line) of the Fox River as established by a General Ordinance of the City of Oshkosh per document No.276204 of Winnebago County Registry; Thence North 56°59'35"West,13.75 feet along said Northeasterly Shore line(U.S. Harbor line)of the Fox River to a point on the West line of said Lot 1 of C.S.M. 6809 and the East right-of-way line of North Main Street;Thence North 03°43'15" East,78.66 feet along said West line of said Lot 1 of C.S.M.6809 and the East right-of-way line of North Main Street to the Point of Beginning. Said easement containing 1,290.9 square feet or 0.0296 Acres more or less. EXHIBIT B (1 of 4) Amminniim EASEMENT#2 Parcel#08-2434-2001 Lot 1 of CSM 6809 A 12 foot wide electrical easement to Wisconsin Public Service on Lot 1 and Outlot 1 of Certified Survey Map 6809 recorded as document No. 1656727,all in the East 1/2 of the Southwest 1/4 of Section 24, Township 18 North, Range 16 East,8th Ward,City of Oshkosh,Winnebago County, Wisconsin. Commencing at the Southwest corner of Section 24,Township 18 North,Range 16 East;Thence North 00°15'32"West, 1350.79 feet along the West line of the Southwest 1/4 of Section 24;Thence North N89°44'25" East,1343.65 feet to the Northwest corner of Lot 1 of Certified Survey Map 6809 of Winnebago County and a point on the East right-of-way line of North Main Street;Thence South 76°22'36" East,35.45 feet along the North line of Lot 1 of said C.S.M. 6809 to the Northwest corner of Outlot 1 of said C.S.M.6809;Thence continuing South 76°22'36" East, 189.54 feet along the North line of said Outlot 1 of C.S.M.6809 to the Northeast corner of said Outlot 1 and the Point of Beginning; Thence South 76°22'36" East,37.86 feet;Thence North 13°37'24" East,28.70 feet;Thence South 76°33'44" East,207.52 feet;Thence North 13°26'50" East,247.36 feet to a point on the North line of said Lot 1 of C.S.M.6809 and the South right-of-way line of Ceape Avenue; Thence South 76°12'37" East,12.00 feet along said North line of said Lot 1 and South line of Ceape Avenue; Thence South 13°26'50"West,259.29 feet;Thence North 76°33'44"West,207.56 feet;Thence South 13°37'24"West, 28.74 feet;Thence North 76°22'36"West,49.84 feet to a point on the Easterly line of said Outlot 1 of C.S.M. 6809;Thence North 13°31'13" East,12.00 feet along the Easterly line of said Outlot 1 to the Point of Beginning. Said easement containing 6,401.2 square feet or 0.1469 Acres more or less. • { i 1 I EXHIBIT B (2 of 4) EASEMENT#3 Parcel#08-2434-2001 Lot 1 of CSM 6809 (.. A 12 foot wide electrical easement to Wisconsin Public Service on Lot 1 of Certified Survey Map 6809 recorded as document No.1656727,all in the East 1/2 of the Southwest 1/4 of Section 24,Township 18 North, Range 16 East,8th Ward,City of Oshkosh,Winnebago County,Wisconsin. Commencing at the Southwest corner of Section 24,Township 18 North, Range 16 East;Thence North 00°15'32"West, 1350.79 feet along the West line of the Southwest 1/4 of Section 24;Thence North North 89°44'25" East, 1343.65 feet to a Northwest corner of Lot 1 of Certified Survey Map No.6809 of Winnebago County and a point on the East right-of-way line of North Main Street; Thence South i 1 76°22'36" East, 244.85 feet along a northerly line of Lot 1 and Outlot 1 of C.S.M.6809;Thence North 13°32'14" East,22.48 feet along a westerly line of said Lot 1;Thence South 75°39'03" East, 12.50 feet along a northerly line of said Lot 1;Thence North 13°32'14" East,255.03 feet along a westerly line of said Lot 1 to a point on the North line of said Lot 1 of C.S.M. 6809 and the South right-of-way line of Ceape Avenue; Thence South 76°12'37" East,280.00 feet along said North line of Lot 1 and South right- of-way line of Ceape Avenue to a northeasterly corner of said Lot 1; Thence South 13°32'14"West, 157.09 feet along an easterly line of said Lot 1 to the Point of Beginning; Thence continuing South 146917413°32'14"West, 12.00 feet along said easterly line of said Lot 1;Thence North 77°27'28"West, 73.45 feet;Thence North 12°32'32" East, 12.00 feet;Thence South 77°27'28" East,73.65 feet to the Point of Beginning. Said easement containing 882.6 square feet or 0.0202 Acres more or less. EXHIBIT B (3 of 4) { EASEMENT#4 Parcel#08-2434-2002 Outlot 1 of CSM 6809 A 12 foot wide electrical easement to Wisconsin Public Service on Outlot 1 of Certified Survey Map 6809 recorded as document No.1656727,all in the East 1/2 of the Southwest 1/4 of Section 24,Township 18 North, Range 16 East,8th Ward, City of Oshkosh,Winnebago County,Wisconsin. Commencing at the Southwest corner of Section 24,Township 18 North, Range 16 East;Thence North 00°15'32"West, 1350.79 feet along the West line of the Southwest 1/4 of Section 24;Thence North N89°44'25" East, 1343.65 feet to a Northwest corner of Lot 1 of Certified Survey Map 6809 of Winnebago County and a point on the East right-of-way line of North Main Street;Thence South 76°22'36" East,35.45 feet along a northerly line of said Lot 1 to the Northwest corner of Outlot 1 of said C.S.M. 6809 and the Point of Beginning;Thence continuing South 76°22'36" East, 189.54 feet along the North line of Outlot 1 of C.S.M.6809 to the Northeast corner of said Outlot 1;Thence South 13°31'13" West, 12.00 feet along the East line of said Outlot 1;Thence North 76°22'36"West, 180.74 feet to a point on the West line of said Outlot 1;Thence North 22°41'18"West, 14.89 feet along said West line of Outlot 1 to the Point of Beginning. Said easement containing 2,221.7 square feet or 0.0510 Acres more or less. EXHIBIT B (4 of 4) rn 1 / I v m j 2 / 1 / / i i > / Lit 0o ) II i en6 1 I a) ^ i C i Il LI i CEAP V�A i NUF w al �' al C.S.M. No. 6237 0 LOT 1 ! �� 3 Z L, � , �2 • a = 1 I. li I 4.! o I I Z EASEMENT#2 �;�` • .� 0, J • ee N �V 12' PARCEL# � ..i.�%a- ....+4,4.. ♦• . I w 08-2434-2002 92 •..vei•. 4 '$ C.S.M.No.6809 OUTLOT 1 EASEMENT#4 j ev b4> / ce u , 0.1 EASEMENT#3 - EASEMENT#1 PARCEL# ti o 08-2434-2001 C.S.M.No.6809 / 8 / o O [� N 64, L 0 c 'C 4) U.S.Harbor Line \ L5 of the Fox River CI i N \ I CO CITY OF OSHKOSH ENGINEERING DIVISION RIVERSIDE PARK PARKING LOT s FILE NAME: DRAWN: WPS EASEMENTS Riverside Peck Parking Lat a-4&BOZO W PS Easement Overview w GRAPHIC 0 50 100 LOT 1 86 OUTLOT 1 OF C.S.M. 6809 L= SCALE:(IN FEET) 1 100a t- EXBIBIT C (1 of 5) _� � I C. -AP) . . , , , _. A i ____ NUE E m w° W 0 J c LLI tlfr a L I o CO",r a8 Z k o 2 D, C Id 0 I D. v E 0 Z S76° 22' 36"E C.S.M. No.6237 35.45 LOT 1 y 1 N89° 44' 25"E W 1343.65'� S22° 41' 18"E iN Q3° 43' 15"E �:�����;� 14.89 o � 78.66 �' ` N - N00°I 15' 32"W �• , - �', ,�1350.79' �j� S03° 43' 15 W� e° . � 12 � � � 0 ��-Southwest Corner +�; 71.11 _ o Section 24, 718N, R16E �►� PARCEL# 04 �+ 08-2434-2001 C.S.M. No.6809 co EASEMENT #1 OUTLOT 1 C ! , / l tll'D .4k Area (�T o s8 i 1290.9 sq.ft. N56° 59' 35"W r °9 0 0.0296 Acres 13.75 co CITY OF OSHKOSH ENGINEERING DIVISION RIVERSIDE PARK PARKING LOT °' FILE NAME: DR-25-2020 AWN: WPS EASEMENT #1 Riverside Park Puking Inc WPS Easement Altit N_ GRAPHIC � iiiii 5 LOT 1 OF C.S.M. 6809 4- SCALE:(IN FEET) 1 INCH=50 FEET EXHIBIT C (2 of 5) I j z H LO ) #. 1 . g _, (.0 b-.._____ -ip y a 6 Lh I(Q Cl L m co 3 i.. E N_ -.----1 NORTH MAIN STREETco 1 m . 1 N i O N / O CD i rn 2 -nm c I MI X p �1 CD � � N ?2 N N i. .A. co o d) Cn tD IT1 N '�O rn w I I O� N i 0 1.! ......4) O C '1 I/ •--I p L. O i a lA n Oo N W o w o CO / I rn N 0,) 5. N o (1 y 03 w L] O t coo - N y N 02 m w N ♦• 4 P. Ilio ONr 111 01 R.' to P. (� 3 N Wco ♦♦, _ ______y � a I r+♦, A iz, ►1 Noy a rn a 0 co Ac. / if) 1 G ap Nla, Z N m 177 I (n �♦ NW Fo aw �o o; / •. '' co • z •♦4 co ▪P ►♦ m o 1 � N z ►♦�4 ?cn o y o fr• ("el, / X) —I CD - W �•4 NAONi N o ♦ r« I /43 it I .♦♦�.. wCI' o)♦-♦.!♦♦`♦ a / a.♦♦�iD No w ♦ �A♦♦ "♦�♦♦j�•� o v71 N IJ �►".•�♦♦`�.♦+t♦.. n9 x r rn — — t F. CT j CITY OF OSHKOSH o ENGINEERING DIVISION RIVERSIDE PARK PARKING LOT N FILE NAME: DRAWN: c Rirereidc Perk Perking La8-25.202o WPS EASEMENT #2 �- WM Easement 82 GRAPHIC 0 40 eo LOT 1 OF C.S.M. 6809 NI a SCALE: (IN FEET) 1 INCH a 80 FEET • EXHIBIT C (3 of 5) ' 2 g U w m ) U ® ® | k / • f % \ NORTH MAIN STREETcom i / i ag ; � @ S \\ - ' m /= / 9 �' e co ry iv co I 0) ry ; @ y7- // Z_____:, � §\ c, i §/ / —q \ a) \ j � - % p i at Go 0 q ¥ b m � r 2 Ro I 0 k I o a m \ �\ P 3 1 H( /p 2)\ \ 2 < I # » @ % �§ e ƒ/ ; o T 2 | ° § ® � � / � � FQ o 2 9 C Z CO G � / + d $ ¥ - r E m d \ --.1 \ m f $ / 4 / ƒ Cl) R ? + be < § k mrE / / i f / \ r - _ \ I \ \ � _ � �r � � a o \ i1 I | . / 10 / ) CITY OF OSHKOSH m ENGINEERINGD�So RIVERSIDE PARK PARKING LOT § FILE NAME: DRAWN: WPS EASEMENT � ___�_» ___.n GRAPHIC 0 40 80 LOT 1 OF C.S.M. 6809 / SCALE: (NI FEET) li.._ 3 EXHIBIT C (4 of 5 1 • ., CO S I X ItD i 1' co I CD 0 r 'C , (oz. CD 0 r0 C W-e• Iy. Z N 0 = 01 O W N O N N s VInj - —_ — j cD cn —A ' CO 3 zrn 0 C 73 1 5IVi •CD 1 M Z NORTH MAIN STREET N }0C 6U N O r .� v I • I��, O� '� .♦4 CO. .3• I ci y H t O * ►1 n 03 -� (4)0) co n 973 ♦ O Lo z I ♦ coCO —I 2_ m O rn �. OOa 51- r— Z IN-; r— -r:t. - ' —3. 1> N:_., _, N -a O • CD-I Iv ♦� > cn I o i j .:� a j i I Viv / ♦• C...) .TI • . fr �� ma. o cn c.o / o j o O x i. W i IQ ~ 1 r W ` — I rt 1 CITY OF OSHKOSH m � to 1 ENGINEERING DIVISION RIVERSIDE PARK PARKING LOT FILE NAME: DRAWN: WPS EASEMENT #4 Riverside Park Parking Lot WPS Easement A4 8-25-2010 ~' GRAPHIC o 25 50 OUTLOT 1 OF C.S.M. 6809 h. SCALE:(IN FEET) liiii I1NCH=50FEET O I EXHIBIT C (5 of 5) I l- q p^ aq ------..... .„‘ / 3� - 46133 I RtJ� alslano y JO. Sd`---._D pal ypb^ o S ilk ♦ ,g.tr13tr1s1,awa �/m r Q31b�b�o� /w 3I li ' _ ice/ r /! J/ai ..`'II �_-9`" - .I -- ;mil'`, .4`� _ _ ,t 6 ^ - �/ / o 7/I`` i £�£s ` d i �d��Rjd'I., li — -----...,,,,,.......-- ' ..,,,- 7/ , \ - gam_ ^ •bi \!`�� " r _ � z .80. o- , .�, - -- -_��. / / ...,":1 '''.---:-..:,Z, _-.'74*-41.. ... ..':-.'2%::-..1 -- /111 / .....--' .11-........-"s--- .. . .. -..4..... .... '"': - %i'l itij--- --------.7'6- " 1 il -------- :r` ' ----•--4 -7- f -if (ii: .4b/......44..... i...,,,,I, yi ,,,,,,,,------: 777 th ''. '--- --- '' -rit7— ---"/ N-- ' 1 : -------- - • 77 1--0 z . 3 w � ,' ,� fW. ,` 7/ W S O �.r o 1. �' W U / ate =�a /~ z�>• �� _ M In o / n Er � f3 � r3 i -' 7 (n W _ 'on f d`F/V` .ztw V / /111 0 ff!iki i. --: .,' // W y�C3 i ,c7...g.,9 '''00,v,,a, & / -- IXe4,,q- I >! Y\% a fM N. � o� € oZ d yT/�C g W n;i 0 , y o , a e M m N cn �° oo ff/ / o os a 'a .. e W O W ' • o to m • 7/ m u \\-------... ...0 i .0110- / I ..' art531dVnMR3 _ `l ' • a I I133N1S NIVIN•N a ` I I WI _ -- woo m° �m ° o�v rnQ. y zaH o u MhPi_ MD gF Wo : W ' X ^Y Vai5 E3 z I I 1I q oP a z n b` ff - - , _ z N W yg N I IoZ Fivo g. mFN ,4£�ZLl �`. oN I I 0 oZ9L9£t to,96'6£9Z 'a.i ,_t.6— n'33S VI MS111'M 1 I I V 4 0 zo c�i o { I WI z z I I I < P. EXHIBIT D (1 of 1) a ii il TACK COAT 4" ASPHALTIC CONCRETE PAVEMENT, TYPE E1,0 (B�y LIFTS 2 1/4" BINDER, 12.5MM) • S) ((1 3/4" SURFACE, 9,5MM) T 8" i E �-1-'"f�. 8" AGGREGATE BASE COURSE R "'i (3/4' CRUSHED AGGREGATE BASE COURSE) sq 2.5' ' Sr HEAVY NON-WOVEN FABRIC (TYPE SAS) kicka z(� �, 18" 1 1/4" DENSE AGGREGATE OR rl BIAXIAL GEOGRID RECYCLED CONCRETE iIV •V' //'W%allirI'a PREPARED SUBGRADE 1 i HEAVY NON-WOVEN FABRIC (TYPE SAS) 4 NOTE: THIS SECTION REQUIRES OVER-EXCAVATION OF SUBGRADE. DISPOSE OF EXCAVATED MATERIAL AS SOLID WASTE • REINFORCED SUBGRADE ASPHALT PARKING LOT PAVEMENT SECTION °o g CONCRETE g 8" 'f J q1J 4 ' (3/4' CRUSHED 6" AGGREGATE RASE COURSE) ' 25' �� Wi �'� HEAVY NON-WOVEN FABRIC (TYPE SAS) • 1 6" 1 1/4" DENSE AGGREGATE OR BIAXIAL GEOGRID RECYCLED CONCRETE Aga 30 '- Sin inriai1L��4r.... I i PREPARED SUBGRADE i HEAVY NON-WOVEN FABRIC (TYPE SAS) I j '4a� NOTE; THIS SECTION REQUIRES OVER-EXCAVATION OF SUBGRAOE. ate DISPOSE OF EXCAVATED MATERIAL AS SOLID WASTE LU REINFORCED SUBGRADE CONCRETE ALLEY PAVEMENT SECTION { if I Contract 13-17 Riverside Park Parking Lot Redevelopment PAVEMENT CROSS SECTION A_E OM City of Oshkosh, Oshkosh,Wisconsin • Project No.:60301190 2014-06-25 FIGURE 2 EXHIBIT E (1 of 2) L f a GI '51. i 752.u52.2IT tit /. ., any 751. 3'�• 753.7 y.� \BRF,AK NE /i i `` .`��� MA T1T ii , 7529 051.8 __ _ I I I .—� 751.8 ' �� /75 ,8 SCALE IN FEET .� OVER ow PATH' ❑a 411r111111. �����;� EBOAi. OFI R IN *Wilms.., m �r ti 30' 0 30' lai ....ilst.a.7._ ,-.0caimr_ .... ,,..__:.....-1....,__ .....„00,_ i , 9'.1 •• • .. • irliti4.1-1-liii,,.&_.- ._., 411111r, tka 1 ' • • • ----"Nw-napit•- _.411„...i.„,.. • WPS EASEMENT 1 -------.... ...,,,A"' / . 174.7‘ 1 ; I ,' / r A I I EDGE OF PAVEMENT •_ _, A ' - - --_—__.._......- --•----••--w._.__---•-----,--_.._.--_..._._....-_.—___..._.._.--.__one ___ ._ - i2' WP5 EASEISENt _ _ __-__ _..- _.. ___ _ ..___ _ I • I zTEMEORARY JERSEY BARRIER _ _ " _ _ _ __. _ 7&1 f . - -. E.XISYING SIDEW.,�LLC..___ __.. _ _ ", PHASE II GRADE (OF iSLANDf" "'" "�" -- -- T•762 _-• _—_-_ _ - _IXI511NG�'ARBf&LOL._ _- - -- ADJUST RIM: 750,9'LU 7� _- PHASE I GRADE I--- Sl'-1 T •RIM: 749.3'-Z 1g APPROXIMATE I.E. - APPROXIMATE I.E. I .- ELEVATION;746.60' [:EVATfdN:-'7 6:58'-----_-1 5'IE (NY:7-6--6'— -- . g 5 0 5 & 1" = 5, i HORIZONTAL AND VERTICAL SCALE 11 i ii f Contract 13-17 Riverside Park Parking Lot Reconstruction CROSS SECTION AECO City of Oshkosh, Oshkosh,Wisconsin STORM SEWER Project No.:60301190 2014-06-24 FIGURE 1 EXHIBIT E (2 of 2)