HomeMy WebLinkAboutNon-Exclusive Easement 15-1080-0000 13Vr
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Non-Exclusive Easement DO 1849134
NATALIE STROHMEYER
REGISTER OF DEEDS
Document Number Document Title W I N N E SAGO COUNTY, WI
RECORDED ON:
THIS INDENTURE,made this 71.4 day of A- ,� 2021 04/20/2021 01:29 PM
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By and between the CITY OF OSHKOSH,Grantor,and WISCONSIN PUBLIC RECORDING FEE: 30.00
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SERVICE CORPORATION,a Wisconsin Corporation,Grantee: PcVED
IN CONSIDERATION of the sum of One Dollar($1.00)and other good APR 3 0 2021
and valuable consideration paid by the Grantee,the receipt of which is hereby
acknowledged,the Grantor does hereby give and grant unto the Grantee,its Recording AreaC i TY CLERK'S OFFICE
successors and assigns,and Grantee accepts,a non-exclusive Easement over,under,
and through the Grantor's Property as hereinafter described. Name and Return Address
City Attorney's Office
P.O.Box 1130
1. EASEMENT PURPOSE: The purpose of this non-exclusive Easement Oshkosh,WI 54903-1130
is to allow Grantee to provide the underground transmission of electric
and communication services across Grantor's property connecting
Grantee's facilities in or on adjoining private properties. 91510800000
Parcel Identification Number (PIN)
2. GRANTOR'S PROPERTY: Grantor's Property that will be subject to this Easement,Parcel Number
91510800000,is used as one of the City's fire station facilities. The legal description of Grantor's Property
follows:
Lot 1 of Certified Survey Map 4114,recorded with the Winnebago County Register
of Deeds on November 18, 1998,as Document Number 1034749,being part of Lots 9
and 10 in Block 4 of Laab's Plat in the Fifteenth Ward,Section 13,Township 18
North,Range 16 East,in the City of Oshkosh,Winnebago County,Wisconsin.
3. EASEMENT PROPERTY: A non-exclusive Easement within the Grantor's Property is granted by Grantor,
and accepted by Grantee,over,under,and through certain land situated in the City of Oshkosh,Winnebago
County,Wisconsin,("Easement Property")and described as follows:
Part of Lot 1 of Certified Survey Map 4114,recorded with the Winnebago County Register
of Deeds on November 18, 1998,as Document Number 1034749,being part of Lots 9
and 10 in Block 4 of Laab's Plat in the Fifteenth Ward,Section 13,Township 18
North,Range 16 East,in the City of Oshkosh,Winnebago County,Wisconsin,more
particularly described as:The East five(5)feet,of the South 130.01,of the above described
Lot 1.
4. EASEMENT MAP: A location map of the Easement Property is attached as Exhibit A and is fully incorporated in
this document.
5. NON-EXCLUSIVITY:Grantee's use of the Easement Property will be non-exclusive. The surface of the Easement
Property is used as part of the City's Fire Department facility. Grantee accepts this Easement subject to the
continued use of the surface by the Grantor that does not materially affect the use and safety of Grantee's facilities.
Grantor may also allow others the use of the Easement Property as long as that use does not materially affect the use
and safety of Grantee's facilities in place at that time. All new installations will be reviewed and require
compatibility with existing facilities. New installations will not be allowed that create dangerous conditions or
materially interfere with the specific existing facilities. Replacement,modifications,or other changes to existing
facilities will similarly need to conform to the existing facilities and uses of others at that time. All parties agree to
work in good faith to resolve issues regarding the safe and efficient use of the Easement Property by the parties or
others wishing to also utilize the Easement Property.
October 15, 2020 1
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6. EASEMENT RIGHTS/LIMITATIONS: 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. The Grantee shall install all facilities underground. Grantee currently has poles and overhead facilities on
adjacent property,at or near the Grantor's property boundary. Grantee intends to install an underground
secondary conductor that will connect to a new pole on the adjoining property. The Easement Property may
therefore be used for similar underground facilities related to Grantee transmission of electricity,light,heat,
power,signals,communication,and/or other similar purposes. No gas lines shall be installed on or in the
Easement Property. The level of facilities allowed to be installed in the Easement Property are those necessary
to serve the immediately adjacent parcels,as well as the remainder of the Grantor's Property,if the Grantee
requests additional services. The number of end user properties for facilities to be installed in the Easement
Property are limited to those identified herein,and the Easement is not intended to serve any larger areas of
Grantee customers.
b. Grantee shall have the right to install underground transmission and communication lines,and related facilities
within the Easement Property. All Grantee uses must remain safely below the grade to allow Grantor its safe
use of the surface. In the event that soils are disrupted and holes or trenches are required to be filled,then
Grantee shall only use fill material removed from the Easement Property,or off site material specifically
approved by Grantor.
c. Except for emergency situations,Grantee shall provide Grantor with advance notification of its intended
construction,maintenance,and/or repairs to occur within the Easement Property. Such notification shall
include a brief description of Grantee's intended activities. Notice is required even if the Grantee will be boring
through the Easement Property.In the event of an emergency,Grantee may proceed as necessary,but must
notify Grantor as soon as practicable. It is expected by Grantor that Grantee will always proceed reasonably
and in good faith regarding communications with others affected by their use of the Easement Property.
d. Grantee's Easement shall be subject to Grantor's use of its surrounding Property,including uses such as storm
water facilities,landscaping,storm sewer,sanitary sewer,water distribution,electrical,and other similar
facilities having a purpose of serving Grantor's Property. However,Grantor agrees that it won't place any
buildings or structures on the Easement Property. Each party shall be responsible for their own costs related to
working around other uses within this non-exclusive Easement.
e. There are mature trees on and along the east edge of the Easement Property. Grantee shall not cut,trim,or
remove,whether in whole or in part,without the explicit permission of the Grantor. Grantor is under no
obligation to allow any tree on its Property be cut,trimmed,or removed.Notwithstanding the previous three
sentences,Grantee may trim the trees as allowed by law in those circumstances where the tree extends across a
property line and into an adjoining property. In light of the limited scope of the Easement Property use,and the
fact that the electric service will be installed underground and not by trenching or other impactful method,then
there should be no reason to do anything to the trees.
7. MAINTENANCE: Except as otherwise described in this Agreement,Grantor and Grantee shall be responsible,at
their own expense,for inspection,maintenance,repairs,and replacements of their respective facilities under,over,
and on the Easement Property.
a. In general terms,Grantor is responsible for routine maintenance and repair of its Property,including the surface
of the Easement Property and any of Grantor's facilities below the surface. Examples of routine surface
maintenance include care of grass,trees,shrubs,and other vegetation,and maintenance of its utilities and public
facilities.
b. Grantee is responsible for routine maintenance and repairs of its utilities and facilities. Grantee is responsible
for all damages sustained by the Grantor or others caused by Grantee's use of the Easement Property. Grantee's
responsibilities related to the surface include returning the surface area to a condition that is the same or similar
to its condition prior to any maintenance,repairs,or other work related to Grantee's use of the Easement
Property.
c. Grantee shall be responsible for the cost of repairing or replacing any damage to the Grantor's property or
facilities,including without limitation landscaping,storm water drainage features and facilities,electrical,
sanitary sewer,or any other Grantor facility,which is damaged or altered by Grantee's use of the Easement
Property.
October 15, 2020 2
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d. Grantee shall hold harmless and fully indemnify Grantor for damage to the facilities owned,operated,or used
by third-parties to the extent caused by Grantee and/or resulting from Grantee's use of the Easement Property.
8. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the access 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.
9. 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,
Grantor or Grantee may immediately take all necessary actions to protect the safety and functioning of its facilities
within the Easement Property.
10. TERM: This Easement shall run with the land,and shall provide benefits and burdens upon the parties'successors
and assigns. This document shall be recorded with the Winnebago County Register of Deeds at Grantee's expense.
11. EXISTING EASEMENTS: As described in this Agreement,the Easement Property is or may in the future be subject
to other easements and uses by Grantor and by third-parties.
12. WAIVER: No delay or omission by any party to this Easement Agreement in exercising any right or authority
related to a term or condition of this Easement Agreement shall be construed as a waiver of that right or authority.
However,the notice and opportunity to cure provisions in paragraph 9,above,shall remain a prerequisite to making a
claim of default against the other party.
13. INVALIDITY: If any term or condition of this Easement Agreement 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.
14. NO THIRD PARTY BENEFICIARY: The terms of this Easement Agreement are for the benefit of the parties
identified,and it is not the intention of either the Grantor or Grantee that other persons or parties shall acquire any
rights to enforce or benefit from through this Easement.
15. MUNICIPAL LIABILITY: Grantor incorporates into this Easement 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
actual physical damage to Grantee's facilities in the Easement Property,the aforementioned 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.
16. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the State of
Wisconsin. Venue for any action regarding this Agreement shall be the Winnebago County,Wisconsin,Circuit
Court or,if a federal court action,then the appropriate district and/or branch within which Winnebago County is
located.
17. 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.
FOR THE GRANTOR:
City of Oshkosh
c/o Director of Public Works
215 Church Avenue
Oshkosh,WI 54902
October 15, 2020 3
FOR THE GRANTEE:
Wisconsin Public Service Corporation
do Real Estate Department
700 N.Adams Street
Green Bay,WI 54301
18. 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,it 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 to the extent arising out of negligence or willful acts on the part of the Grantor,its successors and
assigns,employees,agents;2)any special,consequential or indirect damages,including but not limited to loss of
profit or revenue,and diminution of value;and 3)any environmental claims,liabilities,losses,costs,damages or
expenses not caused by the construction or operation of said facilities.
19. AUTHORITY: The Grantee affirms that all approvals for this Easement Agreement 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 granting 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 PAGES FOLLOW
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
October 15, 2020 4
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:
Mar A.Rohloff,City Maria er
By:
Pamela R.Ubrig,City Cle
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this day of I, ,2021,the above named Mark A.Rohloff and Pamela R.
Ubrig of the City of Oshkosh,to me known to be such p ons who executed the foregoing instrument and acland'��]`e��dged the
same,for the purpose herein contained. Votary
' a .li ate of isconsm
My Commission expires: 121 k 1207
AP_ OVED S TO ORM: r
��ry
L3uin . LorensO orne
October 15, 2020 5
GRANTEE: WISCONSIN PUBLIC SERVICE CORPORATION
By:WEC BUSINESS SERVICES LLC,its Affiliate and Agent
By:
Ko Rentmeester,Supervisor,Real Estate Services
STATE OF WISCONSIN )
(�
)ss.
g f`o cJ(1 COUNTY )
Personally came before me this -1 t4 day of \�.4f--1 ,2021,the above named Kory J.Rentmeester,to me known
to be such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained.
1467: 010L.Ge}t--
Robin piacek Notary Public,State of Wisconsin
Not
Pub1iC My Commission expires: / G
/g_e
State ary of Wisconsin
October 15, 2020 6
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