HomeMy WebLinkAboutNon-Exclusive Easment 08-2434-2001 & 08-2434-2002 111111111111111111 13 3696.
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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
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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
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EXHIBIT A (1 of 3)
C • .
• ' ' ' sM- g09 •
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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
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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)
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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� /
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NnRary T'ubCF -
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VMneWgoCounty,State ofWi vrssll 1
err(OF OSHKOSH PLANNING COMMISSION CERTIFICATE OF APPROVAL t1r5015TRllLF7ROPAp 3v
.1Ual 1 KAGLN.RZY1i
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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) •
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• REGISTER'S OFFICE
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RECORDED ON
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• 01/21/2014 2%39 PM I
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U0�ULIE pAa�$09
• REGISTER OF DEEDS •
• RECORDING FEE 30.00
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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.
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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)
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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
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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
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FILE NAME: DRAWN: WPS EASEMENT #4
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GRAPHIC o 25 50 OUTLOT 1 OF C.S.M. 6809
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EXHIBIT D (1 of 1)
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TACK COAT 4" ASPHALTIC CONCRETE PAVEMENT, TYPE E1,0
(B�y LIFTS 2 1/4" BINDER, 12.5MM)
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iIV •V' //'W%allirI'a PREPARED SUBGRADE
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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
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BIAXIAL GEOGRID RECYCLED CONCRETE
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'4a� NOTE; THIS SECTION REQUIRES OVER-EXCAVATION OF SUBGRAOE.
ate DISPOSE OF EXCAVATED MATERIAL AS SOLID WASTE
LU REINFORCED SUBGRADE CONCRETE
ALLEY PAVEMENT SECTION {
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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)
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EDGE OF PAVEMENT •_ _, A
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___ ._ - 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.
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.- ELEVATION;746.60' [:EVATfdN:-'7 6:58'-----_-1 5'IE (NY:7-6--6'— --
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i HORIZONTAL AND VERTICAL SCALE
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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)