HomeMy WebLinkAboutTemproary Construction Easement 13-3415-0100 � 3g7D
TEMPORARY CONSTRUCTION EASEMENT 8 T x:4458743 9
Document Number Document Title DOC# 1824549
NATALIE STROHMEYER
Temporary Construction Easement between the City of Oshkosh and Illinois Cement REGISTER OF DEEDS
Company,for the infrastructure work being completed as part of the city contract 20-02 WINNEBAGO COUNTY, WI
in the Southwest Industrial Park generally located south of Transit Drive and east of RECORDED ON:
Clairville Road. 08/06/2020 08:12 AM
RECORDING FEE: 30.00
0 Clairville Road Parcel ID No. 91334150100 PAGES: 6
THAT PART OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 7469 RECORDED
AS DOCUMENT 1786959,WINNEBAGO COUNTY REGISTER DEEDS,LOCATED
IN THE EAST Y2 OF THE SOUTHWEST'Y4 OF SECTION 32,TOWNSHIP 18
NORTH,RANGE 16 EAST,CITY OF OSHKOSH,WINNEBAGO COUNTY,
WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: Recording Area
Name and Return Address
CitBEGINNING AT THE NORTHWEST CORNER OF LOT 3 OF CERTIFIED SURVEY PO
y Attorneys Office
0
MAP NUMBER 7469 RECORDED AS DOCUMENT 1786959,WINNEBAGO Box
Oshkosh,WI 54903 130 D
COUNTY REGISTER DEEDS;THENCE S86°59'08"E,213.55 FEET ALONG SAID j((�V
SOUTH LINE;THENCE NORTHEASTERLY 324.43 FEET ALONG THE ARC OF A 91334150100 ,J
333.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD WHICH BEARS Parcel Identification Number (PIN)
N65°07'06"E,WITH A LENGTH OF 311.75 FEET;THENCE N55°37'20"E, 53.94
FEET ALONG THE EASTERLY LINE OF TRANSIT DRIVE;THENCE N00°00'00"E, 1.27 FEET ALONG THE EASTERLY
LINE OF TRANSIT DRIVE;THENCE N89°59'27"E, 10.00 FEET TO A POINT;THENCE S00°00'00"W,6.55 FEET TO A
POINT;THENCE S55°37'20"W, 57.60 FEET TO A POINT;THENCE SOUTHWESTERLY 332.54 FEET ALONG THE ARC OF
A 343.00 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD WHICH BEARS S65°15'17"W,WITH A LENGTH OF
319.67 FEET;THENCE N86°59'08"W,213.10 FEET TO A POINT ON THE WEST LINE OF LOT 3 OF CERTIFIED SURVEY
MAP 7469;THENCE NOO°27'29"E, 10.01 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
SAID AREA CONTAINS 6,016 SQUARE FEET OR 0.138 ACRES,MORE OR LESS.
This instrument drafted by:
Kelly Nieforth,City of Oshkosh L` = RECEIVED
215 Church Ave,Oshkosh,WI 54901-1130 r`
AUG 14 2020
CITY CLERK'S OFFICE
City
f
W
Oshkosh
TEMPORARY CONSTRUCTION ACCESS AGREEMENT
Owner: Illinois Cement Company; 1601 Rockwell Road,La Salle,IL 61301
Parcel Address: Vacant Lot,located in the Southwest Industrial Park,Oshkosh,WI as described on
Exhibit A (the"Land")
Parcel Number: 91334150100 (portion)
Settlement Amount: For Mutual Consideration,the receipt of which is hereby acknowledged.
Purpose: Erosion control measures; installation of new or relayed storm laterals; installation of
storm lateral inlets;root pruning;grading operations and lawn restoration,if necessary.
For the above stated amount, Owner grants to the City of Oshkosh ("Grantee"), a non-exclusive Temporary
Construction Access Agreement for a portion of the Land described on Exhibit B attached hereto and depicted on
Exhibit C attached hereto(the"Easement Area") for the above-stated purposes and otherwise subject to the terms
herein:
a. This Temporary Construction Access Agreement will begin on the date of the final signature below
shall expire automatically as of the earlier of(a)the date Grantee no longer needs access of the Easement
Area for the above-stated purposes or(b)November 1,2023.
b. Grantee shall be entitled to utilize the Easement Area for the term set forth above and shall be entitled,
at its sole cost and expense, to take such actions within the Easement Area as required to effect the
purpose set forth above,including operating necessary equipment on the Easement Area and Grantee
shall have the right to preserve, protect, remove, or plant any vegetation within the Easement Area
which it may deem desirable to prevent the erosion of soil.
c. Owner shall have the right to use the Easement Area for any purpose that is not inconsistent with
Grantee's enjoyment of the rights granted herein, provided that such uses by Owner shall not
materially interfere with or endanger any of the Grantee's use or operations within the Easement Area.
d. Grantee shall,at its sole cost and expense,repair any damage that Grantee causes to Owner's property
in the exercise of its rights hereunder.
e. Notwithstanding the expiration of the term as set forth above, Grantee is warranting that its work on
the Easement Area for a period of two (2) years and, to the extent Grantee must access the Easement
Area during such period for completing the warranty work on the Easement Area,Owner shall permit
its access to the Easement Area during such period as may be reasonably agreed upon by the parties.
f. Grantee does hereby indemnify and hold harmless Owner from all claims arising from the use of the
Easement Area by Grantee or to the extent caused by Grantee's negligence, willful misconduct or
breach of this Agreement.
This Temporary Construction Access Agreement and its terms shall run with the land and shall be binding upon
and inure to the benefit of the parties hereto,their heirs,successors and assigns.
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v3 Construction Access Agreement(CC(003).docx
City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us
City
of
Oshkosh
Illinois Cement Company
By: 0 ,f'
Name: Way n a W.. gin ev
Date: telortsi 3� 2oz
STATE OF -1—//ihpi5
l )ss
La S/& COUNTY
Personally appeared before me this 3rd day of A}4._5G48 14 ,2020,
to me known to be the persons who executed this Temporary Construction Access Agreement on behalf of Illinois
Cement Company and acknowledge the same.
Atari ?"7) LLl/[�,�/,—(�(_J�, Official Seal
Notary Public-State of Illinois
Notary Public My Commission Expires Jan 15, 2023
(Seal) My commission is/expires: ///5M 3
City of Oshkosh
By:
Name: Mcf k A. t3Dh ia-F,
Date: � 3ava u
STATE OF W``SCcX\S I rt )
)ss
`t 6 COUNTY )
Personally appeared before me this day of r7v9U e- ,2020,
to me known to be the persons who executed this Temporary Construction Access Agreement on behalf of City of
Oshkosh and acknowledge the same.
Notary Public
(Seal) My commission is/expires: (A Z3/2 d ZZ
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v3 Construction Access Agreement ICC(003).doa Page 1 of 1
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us
City
Oshkosh
Exhibit A
Legal Description of Parcel
Lot 2 of Certified Survey Map No. 7469, recorded April 11, 2019 in as
Document No. 1786959, being part of the Southwest 1/4 of the
Northwest 1/4, all of the Southeast 1/4 of the Northwest 1/4, part of the
Southeast 1/4 of the Southwest 1/4, part of the Northwest 1/4 of the
Southwest 1/4, part of the Northeast 1/4 of the Southwest 1/4 and all of
Lot 3 of Certified Survey Map 6090 as recorded in the Winnebago
County Register of Deeds and situated in part of the Southwest 1/4 of
the Northeast 1/4 and part of the Northwest 1/4 of the Southeast 1/4; all
being part of Section 32, Township18 North, Range 16 East of the Fourth
P.M., City of Oshkosh, County of Winnebago, State of Wisconsin.
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v3 Construction Access Agreement KC(0031.docx
City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us
City
of W
Oshkosh
Exhibit B
Legal Description of Easement Area
THAT PART OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 7469 RECORDED AS
DOCUMENT 1786959, WINNEBAGO COUNTY REGISTER DEEDS, LOCATED IN THE EAST
1/2 OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST,
CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 3 OF CERTIFIED SURVEY MAP
NUMBER 7469 RECORDED AS DOCUMENT 1786959, WINNEBAGO COUNTY REGISTER
DEEDS;THENCE S86°59'08"E, 213.55 FEET ALONG SAID SOUTH LINE;THENCE
NORTHEASTERLY 324.43 FEET ALONG THE ARC OF A 333.00 FOOT RADIUS CURVE TO
THE LEFT HAVING A CHORD WHICH BEARS N65°07'06"E, WITH A LENGTH OF 311.75
FEET; THENCE N55°37'20"E, 53.94 FEET ALONG THE EASTERLY LINE OF TRANSIT
DRIVE; THENCE N00°00'00"E, 1.27 FEET ALONG THE EASTERLY LINE OF TRANSIT
DRIVE; THENCE N89°59'27"E, 10.00 FEET TO A POINT;THENCE S00°00'00"W, 6.55 FEET
TO A POINT; THENCE S55°37'20"W, 57.60 FEET TO A POINT; THENCE SOUTHWESTERLY
332.54 FEET ALONG THE ARC OF A 343.00 FOOT RADIUS CURVE TO THE RIGHT
HAVING A CHORD WHICH BEARS S65°15'17"W, WITH A LENGTH OF 319.67 FEET;
THENCE N86°59'08"W, 213.10 FEET TO A POINT ON THE WEST LINE OF LOT 3 OF
CERTIFIED SURVEY MAP 7469; THENCE NOO°27'29"E, 10.01 FEET ALONG SAID WEST
LINE TO THE POINT OF BEGINNING.
SAID AREA CONTAINS 6,016 SQUARE FEET OR 0.138 ACRES, MORE OR LESS.
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v3 Construction Access Agreement ICC(003).doca
City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1 1 30 http://www.ci.oshkosh.wi.us
a • . IP
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City
f
Oshkosh
1
Exhibit C
Map of Easement Area
500ro0'o0"W
�` 0.55'
NIV59'27-E
\\� I 10.00' +
_ SSS'37'20'W
l 1, 57.00'
N00'00'00-E I ,
NSS°37'2D"E �`•, .oat,
5334' y • r`
\:)10..- t Area:0.1 ``t -! 0.0105o.R.
LOT
t a.13d Acres
C M 70.8,. LOT 3
'I 11 CS1M 7469
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Fa._: S<•.[ � P v Transit Dr"ve
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pasimioa aI 9Pace 1334150100
cc=: •._--_ �� BEGINNING o r Owner:Illinois Cement Compani LLC
A
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LOT 2
C5r.1 7538 N c N00 2T29"E
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CITY OF OS:-IKOSH TEMPORARY LIMITED EASEMENT
PANNING SERVICES DIVISION 0 TRANSIT DRIVE
=CACn.-_ C�
Cir•;mor __A.F 1 -.=_T
Oshkosh -AA, 07-30-20,20 EXHIBIT C
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v3 Construction Access Agreement ICC(003).docs
City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us