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Home My WebLink AboutEasement 13-6506-0000 11111111111111 Shared Detention Basin 8 6 : 1 5 6 Tx44442366 Q • Easement DOC# 1818562 NATALIE STROHMEYER Document Number Document Title REGISTER OF DEEDS WINNEBAGO COUNTY, WI RECORDED ON: THIS INDENTURE,made this day of Deober ,2012, 06/05/2020 11:00 AM by BERGSTROM PROPERTIES, INC., a Wisconsin Corporation, Grantor, and RECORDING FEE: 30.00 CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, PAGES: 4 Wisconsin,Grantee, WITNESSETH: Recording Area IN CONSIDERATION of the sum of One Dollar($1.00)and other good Name and Return Address and valuable consideration paid by the Grantee,the receipt of which is hereby C(a6- °VS acknowledged,the Grantor,its successors and assigns,does hereby give and grant City Attorney's Office unto the Grantee,its successors and assigns,and Grantee accepts,a non-exclusive Oshkosh,WI 54903-1130 easement over,under,and through the land hereinafter described. 1. PURPOSE: The purpose and use by Grantee of the Easement 91365060000 Property described in this document is related to its storm water Parcel Identification Number (PIN) management system,and more particularly shall be a non-exclusive easement to drain storm water from property outside Grantor's property and into a shared storm water detention basin within Grantor's property. 2. PROPERTY: The property subject to this easement granted herein shall be over,under,and through certain tracts of land situated in the City of Oshkosh,Winnebago County,Wisconsin,(`Easement Property")and described as follows: Part of Lot 1 of CSM (910 5' ,being part of the Northeast'A of the fractional Northeast'A of Section 04,Township 17 North,Range 16 East, 13th Ward,City of Oshkosh,Winnebago County, Wisconsin,described as follows: Commencing at the North 1/4 corner of fractional Section 4;thence along the North line of the Northeast 1/4 of said fractional Section 4,S89°12'35"E, 1345.76 feet;thence SOO°31'22"W, 839.13 feet to the point of beginning;thence S89°28'38"E,70.00 feet;thence S63°58'06"E,64.00 feet;thence N64°07'42"E,62.00 feet;thence S89°28'38"E,60.00 feet;thence S00°29'27"W, 142.20 feet;thence 36.28 feet along the arc of a curve to the left with a radius of 330.00 feet and a chord of 36.26 feet which bears S02°39'32"E to the North line of a 40 foot Sanitary Sewer Easement;thence along said North line,N89°12'35"W,245.39 feet;thence NOO°31'22"E, 177.26 feet to the point of beginning. Said easement contains 0.8560 Acres and is subject to all existing easements and restrictions of record. 3. ACCESS RIGHTS: Grantee shall have the complete,but not exclusive,right to access and use the Easement Property for Grantee's storm water management system. 4. USE FOR STORM WATER MANAGEMENT SYSTEM: Grantee shall have the right to fully,but not exclusively, use the Easement Property as part of its storm water management system. The Grantee shall have the right to access, survey,lay,construct,use,operate,maintain,repair,replace,relocate,and/or remove storm water sewers and/or storm water drainage facilities for the purpose of utilizing the Easement Property as a shared storm water detention basin. 5. MAINTENANCE: The Grantor shall have an obligation to inspect,maintain,repair,and replace the shared storm water detention basin pursuant to the Wisconsin Department of Natural Resources specifications for such facilities. The Grantor shall enter into a Maintenance Agreement with the City of Oshkosh to be recorded in the Office of the Register of Deeds for Winnebago County,Wisconsin. However,the lack of any recorded Maintenance Agreement shall not remove or release any responsibility to maintain the shared storm water detention basin according to Department of Natural Resources specifications. In the event the responsibility for the maintenance standards or specifications currently governed by the Wisconsin Department of Natural Resourcfsys iransferred to 1 Ktt v�V@cj�or September 6, 2012 JUN 2 2 2020 CITY CLERK'S OFFICEC `� • another agency,then the standards and specifications of the new agency shall control. The City of Oshkosh shall have the right,but not the obligation,to inspect,maintain and repair the shared storm water detention basin in the event that the responsible parties fail or refuse to perform those obligations. In the event the City of Oshkosh exercises these rights,then the cost for such work shall be charged to the Grantor pursuant to Section 66.0627, Wisconsin Statutes,as amended or renumbered. The Grantor also hereby grants to the City of Oshkosh such easements as may be necessary to inspect,maintain,and repair,if necessary,the shared storm water detention basin. 6. INTERFERENCE WITH EASEMENT: No structure,improvement,landscaping or utility,other than the detention basin landscaping noted on the approved site plan(s),shall be constructed,placed,or planted within the Easement Property without the approval of the City of Oshkosh Board of Public Works. The City shall not be responsible for any damage to any structure,improvement,landscaping or utility constructed,placed;or planted within the Easement Property in violation of the foregoing restrictions. 7. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the access rights identified herein to any contractor,third party,or other assignee that will be performing work within the Easement Property which the Grantee is otherwise allowed to undertake. Grantee shall take reasonable steps to ensure that the other party sufficient competence and gives adequate assurances that any work to be performed in or around the easement shall be conducted in a skillful manner,and that the Grantor's interest in the easement premises shall be protected to the same extent as if the Grantee was itself performing the construction and maintenance. 8. DEFAULT: 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 thirty(30)days to cure any actual breach. However, Grantee may immediately remove any object or material which it believes materially interferes with the design of a storm water management facility within the Easement Property. 9. TERM: This easement is being granted in perpetuity for public purposes and uses,both current and future,without regard to the Grantee's use of the easement at any particular time. All rights, title and privileges herein granted, including benefits and burdens,shall run with the land and shall be binding upon and inure to the benefit of the •Grantor and Grantee,their respective heirs,executors,administrators,successors,assigns,and legal representatives. 10. WAIVER: No delay or omission by any party to this agreement in exercising any right or power arising out of any default under any of the terms or conditions of this Agreement shall be construed as a waiver of the right or power. A waiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any breach of any other terms or conditions of this Agreement. 11. INVALIDITY: If any term or condition of this Agreement,or the application of this Agreement to any person or circumstance,shall be invalid or unenforceable,the remainder of this Agreement,or the application of the term or condition to persons or circumstances other than those to which it is held invalid or unenforceable,shall not be affected thereby,and each term and condition shall be valid and enforceable to the fullest extent permitted by law. 12. NO THIRD PARTY BENEFICIARY: The terms of this Agreement are for the benefit of the two parties identified, and it is not the intention of either the Grantor or Grantee that other parties shall acquire any rights,to enforce or benefit from,through this Agreement. 13. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the municipality's right or opportunity to rely upon the municipal limitations and immunities contained within Wisconsin law. Municipal immunities and limitations include,but are not limited to, Sections 345.05,893.80,and 893.83,Wisconsin Statutes. Such damage limits,caps and immunities are intended to be preserved and are incorporated into this agreement and shall govern all disputes,contractual or otherwise,as they apply to the municipality and its agents,officers,and employees. 14. 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. 2 September 6, 2012 15. 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: Bergstrom Properties,Inc. c/o General Counsel 1 Neenah Ctr,Floor 7 Neenah,WI 54957-0549 FOR THE GRANTEE: City of Oshkosh do Director of Public Works P.O.Box 1130 Oshkosh,WI 54903-1130 16. AUTHORITY: The Grantee affirms that all necessary boards and elected officials have approved the acceptance of this Easement,and that the undersigned have the authority to sign this agreement on behalf of the Grantee. Grantor affirms that it has the authority without limitation to enter into this easement agreement.The undersigned assert and affirm that they have they have the authority without limitation to enter into this easement agreement on behalf of the Grantor. SIGNATURE PAGES FOLLOW 3 September 6, 2012 r 1 - IN WITNESS WHEREOF,said Grantor has hereunto set their hand and seal the day and year first above written. BERGSTROM P T C. By: Jo ge , I,General Counsel STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally came before me this "7 day of QC7ode C ,2012, the above named John J.Hogerty,II of Bergstrom Properties,Inc.,to me known to be such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained. & ,� C�� r iz Notary Public,Winnebago County,Wisconsin gyp`::4'. - ( . "s My Commission expired: 5 4.5//49 w CITY OF OSHKOSH r _ v , C OM A.Rohloff,Ci trs 'y.� BY. -0v Panja R.Ubrig,City C erk . STATE OF WISE_ONSIN ) . .I. • )ss. VYXIttNEBAGO COUNTY ) Personally came before me this ,-( day of M , 2020, the above named Mark A. Rohloff and.Pamela R. Ubrig of the City of Oshkosh,to me known to be such pers ins who exec ed the foregoing instrument and acknowledged the same,for the purpose herein contained. r40 / C�.�d f'11�Z � � --- • • `0 tar ubl innebago County,Wisconsin My Commission expired: I r2/I 5 2023 '.,- a - AP COVED AS TO ORM: / .-- `�' 1, • !lam Lynn • .Lorenson, 'ty Attorney l,-w;' This instrument drafted by: Attorney David J. Praska Oshkosh, WI 54903-1130 4 September 6, 2012