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HomeMy WebLinkAboutEasement 13-2913-0100 (2) RECEIVED 1111111 II 11 i 4 003 8708913 JUN 03 2)21 Tx:4528096 Easement DOC# 1852279 CITY CLERK'S OFFICEATALIE STROHMEYER Document Number Document Title REGISTER OF DEEDS WINNEBAGO COUNTY,WI THIS Agreement is made this2(9fih day of Apr i 2021 RECORDED ON: by and between S.C.Swiderski,LLC,Grantor,and City of Oshkosh,Grantee, 05/21/2021 10:13 AM RECORDING FEE: 30.00 1. PURPOSE: The City and Swiderski both seek to improve surface PAGES: 7 drainage for storm water by placing a storm water inlet and underground storm sewer pipe on Swiderski's property. The new storm water drainage facilities will improve the surface drainage on Swiderski's property,and will help the City's overall storm water management system. This Easement Agreement is intended to describe Recording Area each parties'rights and responsibilities related to the Easement granted Name and Return Address to the City within Certified Survey Map No.7732,recorded with the City Attorneys Office P.O.Box 1130 Winnebago County Register of Deeds on March 10,2021,as Oshkosh,WI 54903-1130 afla _ Document No. 1845205. This particular Easement is identified in " Detail"B",of the Certified Survey Map.The terms of this 91329130100 Agreement are intended to be retroactive to the date the Certified Parcel Identification Number (PIN) Survey Map was recorded. 2. EASEMENT: Swiderski,its successors and assigns,gives and grants to the City,and the City accepts,an Easement over,under,and through the Property described in this Easement Agreement.The Easement may be used for all purposes related to the City's storm water management system. 3. CONSIDERATION:The sum of One and NO/100 dollars($1.00)and other good and valuable consideration,the receipt and sufficiency of which is acknowledged. The City receives the benefit of improvements to its public storm water management system. Swiderski receives the benefit of improved surface drainage on its lot. 4. PROPERTY: Swiderski's larger Property within which the Easement Property is located in the City of Oshkosh,Winnebago County,State of Wisconsin,and is described as follows: Lot 1 of Certified Survey Map No. 7732,Recorded with the Winnebago County Register of Deeds on March I0,2021 as Document No. 1845205,within the East 1/2 of the Northeast 1/4 of the Fractional Northeast 1/4 of Section 5,Township 17 North,Range 16 East,City of Oshkosh,Ward 13,Winnebago County,Wisconsin. 5. EASEMENT PROPERTY: The Easement allowing the City to install and operate public storm water management facilities shall be over,under,and through a part of Swiderski's Property in the City of Oshkosh,Winnebago County,Wisconsin,(`Easement Property"),as described below. A locational map of the Easement Property is attached as Exhibit A. Part of Lot 1 of Certified Survey Map No.7732,in the East 1/2 of the Northeast 1/4 of the Fractional Northeast 1/4 of Section 5,Township 17 North,Range 16 East,City of Oshkosh,Ward 13,Winnebago County,Wisconsin. Commencing at the Northeast corner of Section 5,Township 17 North,Range 16 East;Thence South 00°15'22"West,50.00 feet along the East line of the Fractional Northeast 1/4 of said Section 5 to the South right-of-way line of State Highway"91" and the Point of Beginning;Thence continuing South 00°15'22"West,20.00 feet along said East line; Thence North 89°28'16"West,20.00 feet;Thence North 00°15'22"East,20.00 feet to the South right-of-way line of State Highway"91"; Thence South 89°28'16"East,20.00 feet along said South right-of-way line to the Point of Beginning. Said area contains 400.00 square feet or 0.0091 Acres more or less. 1 April 13, 2021 6. ACCESS RIGHTS: The City shall have the right to access and use the Easement Property for all purposes related to its storm water management system. 7. USE FOR STORM WATER MANAGEMENT SYSTEM: The City will use the Easement Property for an inlet and storm sewer pipe connecting the inlet to a storm sewer pipe within the adjacent Street right-of-way. The City shall have the right to fully use the Easement Property for these purposes as part of its storm water management system. The City 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. 8. MAINTENANCE: The City shall be responsible for maintenance,repair,and replacement of all storm water drainage facilities on and within the Easement Property. The City is responsible for restoration of the Easement Property if it is disturbed because of the City's actions. Restoration includes grading and seeding,repairs of erosion, and regrading when necessary. The City's restoration of the Easement Property,and the maintenance of its storm water facilities,shall be at the City's sole discretion. The City's goal is to take actions towards ensuring that the public storm water facilities within the Easement Property reasonably function according to their design. Unless Swiderski receives permission from the City,Swiderski shall not perform any repairs or maintenance on the City's facilities within the Easement Property,except to remedy any issue associated with any interference with the City's Easement rights,or to remove debris from the inlet before the City is able to do so. Swiderski shall be responsible for maintaining the surface of the Easement Property,except the inlet. Swiderski will take all reasonable precautions to avoid grass clippings,yard waste,and debris from entering the inlet. 9. INTERFERENCE WITH EASEMENT: Swiderski shall not interfere in any way with the City's use of the Easement Property,or install or construct any structures or improvements,landscaping,or other obstructions,within the Easement Property. Swiderski shall not place,pile,or move snow or ice onto the Easement Property.Prohibited new structures or improvements include,but are not limited to,temporary or permanent buildings,driveways,parking areas,sheds,change in elevations,vegetation except grass,landscaping,or fences. Swiderski shall promptly remove any objects,materials,or structures which impede the City's use of the Easement Property or limits the functioning of the City's storm water drainage system as it is designed. If Swiderski fails to remove these materials or objects interfering with the Easement,the City may remove them at Swiderski's expense. Swiderski shall take reasonable steps to prevent third parties from interfering in any way with the City's use of the Easement Property.Swiderski shall notify and consult with the City before entering into any subsequent easements with other parties that include the Easement Property. The reserves the right to andprevent other easements on the Easement Property ifthe City � objectP 1'tY h proposed easement will adversely affect the operation and/or maintenance of the City's facilities as designed. A material increase of the cost of operation or maintenance of the City's facilities is an allowed reason to object to prevent subsequent easements on the Easement Property. 10. USE OF EASEMENT BY OTHERS: Swiderski agrees that the City may temporarily assign its right to access and use the Easement Property to any contractor,third party,or other assignee that will be performing work within the Easement Property. The City shall take reasonable steps to ensure that its contractor,third party,or assignee has sufficient competence and gives adequate assurances that any work to be performed in or around the Easement Property shall be conducted in a skillful manner,and that Swiderski's interest in the Easement Property shall be protected to the same extent as if the City was itself performing the construction and maintenance. 11. DEFAULT: If either Swiderski or the City reasonably believe that the terms of this Easement Agreement 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,the City may take immediate action when it reasonably believes that the alleged breach will materially interfere with the design of its facilities within the Easement Property. 12, TERM: This Easement is being granted in perpetuity for public purposes and uses,both current and future,without regard to the City's use of the Easement Property 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 Swiderski and the City,their respective heirs,executors,administrators,successors,assigns,and legal representatives. 2 April 13, 2021 13. EXISTING EASEMENTS: Swiderski and the City are not aware of any recorded Easements which relate to or affect the Easement Property. 14. WAIVER: No delay or omission by any party to this Easement 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. In the unusual circumstance where an action/inaction could be construed to be a waiver,such waiver shall be limited in scope and narrowly construed. 15. INVALIDITY: If any term or condition of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable,the remainder of this Agreement shall not be affected by such determination,and each term and condition shall continue to be valid and enforceable to the fullest extent permitted by law. 16. 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 Swiderski or the City that other persons or entities shall acquire any rights to enforce or benefit from this Agreement. 17. 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. Damage limits,caps and immunities found in Wisconsin law are intended to be preserved and are incorporated into this Agreement and shall govern all disputes,whether arising through the terms of this Agreement or otherwise,to the extent that the claims,liabilities,or damages apply to the municipality and its agents,officers,and employees. 18. 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. 19. NOTICES: Anynotices required bythis Easement Agreement shall be in writingand delivered via certified mail, q �' return receipt requested,to the following addresses. 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: S.C. Swiderski,LLC 401 Ranger Street Mosinee,WI 54455 FOR THE GRANTEE: City of Oshkosh c/o Director of Public Works P.O.Box 1130 Oshkosh,WI 54903-1130 20. AUTHORITY: The City affirms that all necessary boards,commissions,and elected officials have approved the acceptance of this Easement and the terms of this Easement Agreement,and that the undersigned have the authority to sign this Agreement on behalf of the Grantee. Swiderski affirms that it has the authority without limitation to grant this Easement and to enter into this Easement Agreement. SIGNATURE PAGES FOLLOW This instrument drafted by: Attorney David J.Praska Deputy City Attorney Oshkosh,WI 54903-1130 3 April 13, 2021 IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above written. S.C. SWIDER77 LLC 1141 By: `\ O .,........ T . Shane C. Swiderski,Managing Member �":• NpTAR Y STATE OF WISCONSIN PUBL\G :� ` ss. ��/gT OF 1/V�S',..0 N MARATHON COUNTY ) //�llmm�ttlk\ �� Personally came before me this2111t day ofA9r) I ,2021,the above named Shane C.Swiderski,to me known to be such person who executed the foregoing instrument and ac w1e e he same,for the purpose herein contained. Notary Pub c, tate Wisconsin_ t ' „,.....__ My Commission expires: Z(, CITY OF OSHKOSH ` By: a--- �f (----- ark .Rohloff,City Min e By: Pamela R.Ubrig,City Clerk - STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally came before me this 1 Vth day of Mai ,2021,the above named Mark A.Rohloff and Pamela R. Ubrig of the City of Oshkosh,to me known to be such persons who executed the foregoing instrument and acknowledged the - same,for the purpose herein contained. .,Zre 2,10-/171_-#2.1-4-Ef/7 No ry P tc,StaWisconsin _ ",`,;• _` My Commission expires: 12.I(5/2.QZ3 APP OVED AS TO F _ _____ .Lorenson, ttorney 4 April 13, 2021 illi 111 I151i 'i Tx:4509937 DOC# 1845205 NATALIE STROHMEYER REGISTER OF DEEDS WINNEBAGO COUNTY,WI Certified Survey Map No. —1 `73, RECORDED ON: Part of the East 1/2 of the Northeast 1/4 of the Fractional Northeast 1/4 of 03/10/2021 03:33 PM Section 05,Township 17 North,Range 16 East RECORDING FEE:30.00 City of Oshkosh,Winnebago County,Wisconsin PAGES: 3 I I 1 North 1/4 Corner Section 5, T17N, RISE 1 i' 1» North.east Corner (Masonry (MAC) Nail FND) STH _ Section on 5, T17N, R16E I (5nczrns•C) 1` I (Masonry (MAC) Nall FND) I S 89'28'16" E 2651.52' (Mon-Mon) .4 ____L__/,-N/L of the Frac_ NE 1/4 of Section 5 — iv� S 89'28'16"E 662.90' io L3 1v 83'28'16'W 66291' t`2'�_ f ` 25'Bending Setback lino �� �� IF _� 9 20>2a 2oxzo' _ t ( Drainage 6.4.—t�- d c u1 a� Easement Easement 6.5'—.t_t a o 0 z (Soo Detail A) (See Detail B)I ?a,�_• •9 0 200 400 ,r, 'Dedicated to the Public ,3 'Ipa o w � � � SI.2, a, \D 3,315 Sq.Feet 166 Bearings ate referenced to the North The of 0.0761 Acres a m =a v m a the Fran:NEW,Section 05,T17N,R16E, ul z N ,5 r5 a� assumed to bear S89'28'16'E,base an the Yn au u7 w Winnebago County Coordinate System, s t c Sg Nz "'C - 5. 'd. -IN ' c\ -, �N 7,ck 3 0 W - ' 4 c Lot 1 �.� j 3 - o $a. �~c _o I o oS' -___---O-m'N `o m 669,646 Sq.Feet'4" i S _NG 0 '- 'N \E 15.3730 Acres L3 ‘ "" / N ° 8 -o` ,e/ W 3 // Nate_Wetlands shown on this pat were = 7 determined bya separate firm other than -8 Nc <; P Davel Engineering.navel Engineering daf il a m • `^v',.. 7 life for jurtsdlcllonal determination end said No .-r / wetlands were found lobe Non-federal. a r' Z 8 r wLv / See lettet ato dated June 01 -2020.77 �! (Regulatory He No.2017-01771-JL1() d Y y c` dy.4 _. \` '` e�0 4, �� • �/4 x 18"SIee1 Reber a`' �')`5' �"Q Ober Found SET . -� / J`y Oe� 7 AI 0 %'Reber Found 0� ' -7 �Y ❑ 1'Iron Pipe Found(YVf-0DOT Cap) �Gjb / z 70 Government Corner f A, ,�'41 1O O 1n•—Wetlands(by others) / ��1)'C�/ �' ix 5 T () Recorded As 4� / O cn I a S% ' o}:8 U LINE TABLE ,Oh v F I LINE BEARING DISTANCE •/ �`�O o c ' Z L1 S 00°15'22"W 45.00' —� Q 6 _o E L2 S 00°15'22"W 5.00' ` o S L3 N 00'17'08"E 5.00' Survey for. ,,,itlirr,, S.C.Swiderski,LLC . 15C Oly,s� ,I, 401 Ranger Street Mosinee,WI 54455 .� Sco A. DAVEL ENGINEERING $ - s E M1 = ENVIRONMENTAL, INC. o����l07/ Civil Engineers and Land Surveyors(7-- �' �� 1164Provfnce Tecate.Meresna41-64962 SCO ®ram Date 0804 xvrrr.davel.pe Professidt5al Landttilveyor No.S-3169 anal Feb 18,2a21 -a2_15 PM Rev:eed Jon 28.2021 -05:11 Pu scott©davel.pro Drafted by scott Jut 24.2020-0239 PitJ:\Projects\6129see\crag\Carbon\6729GSM.deg Sheet:10f3 EXHIBIT A (1 of 3) Certified Survey Map No. 17 5A Part of the East 1/2 of the Northeast 1/4 of the Fractional Northeast 1/4 of Section 05,Township 17 North,Range 16 East, City of Oshkosh,Winnebago County,Wisconsin Surveyor's Certificate I,Scott R.Andersen,Professional land surveyor,hereby certify. That In full compliance with the provisions of Chapter 236 of the Wisconsin Statutes and the subdivision regulations of the City of Oshkosh,and under the direction of S.C.Swderski,LLC,the property owners of said land,i have surveyed and mapped this Certified Survey Map;that such map correctly represents all exterior boundaries and the subdivision of the land surveyed; and that this land is located in part of the East 1/2 of the Northeast 1/4 of the Fractional Northeast 1/4 of Section 05,Township 17 North,Range 16 East,City of Oshkosh,Winnebago County,Wisconsin,containing 672,961 Square Feet(15.4491 Acres)of land described as follows: Commencing at the Northeast comer of Section 05,Township 17 North,Range 16 East thence S00'i5'22v1 along the east fine of the Fractional Northeast 114 of saidection 05,45.00 feet to the south right of way of S.T.H."91"and to the point of beginning of the parcel to be described;thence continuing 500'15'22"W along said east line,769.49 feet to a point on the north right of way of S.T.H."44'as laid out In Transportation Project Plat(TPP)No.6110-05-00-4.37;thence S53'57'10'W along said north right of way,823.36 feet to the west line of the East 1/2 of the fractional Northeast 1/4 of said Section 05 and to the east line of Certified Survey Map(CSM)No.3558;thence N00°1708"E along the west line of said East 1/2 and the east line of said CSM No.3558,and the east line of CSM No.3601,1260.12 feet to the south right of way of S.TJi.'91';thence 389°28'16'E along said south right of way,662.90 feet to the point of beginning.Said parcel is subject to all easements and restrictions of record. 1lt,i,ly, .y,AsyvgCO/vg/",,. n ✓1 Given under my thrg {} y of 1 e-6 P f/ , ` `' sco. :* 169 _ 0 S-tott R.Andresen, jscodsin Professional Land Surveyor No.S3169 suRv `t 0 r'r,rllt �20'x 20'Drainage Easement 20'x 20'Drainage Easement Detail"A" Detail"B" Scale:1"=20' Scale:1"=20' s 00'17'08'w STH I Fi "91" so095•2rw — /✓s.ar ---- ----- s.ov — _ V moo' I I 20D0 WS892a16'E 5892616'E bow Za g� Cg gg qq IRi; 5N89'26'16V!"NI I 14e9'2a'16v 20_00' 2100' 20'x 20'Drainage Easement Defined An unobstructed easement for the installation and maintenance of future drainage structures.The purposed of said drainage structure is to connect site drainage from Lot 1 of this Certified Survey Map to existing ditch line or storm sewer system once proposed City sidewalk is installed.This easement shall have no permanent obstructions(fences,trees,shrubs,or other obstacles)that interfere with the Install and maintenance of said proposed systems.Said Easement Is defined as 20'x 20'Drainage Easement which affects Lot 1 of this Certified Survey Map for the benefit of the City of Oshkosh.This easement is subject to all existing easements,and restrictions of record. Grantor.S.C.Swiderskt,LLC Grantee_City of Oshkosh Drafted by.scot Feb 16,2021 -02:07 Pit J:\Ftojects\6129so\a"g\Carlson\6129C91Aa"g Sheet:2of3 EXHIBIT A (2 of 3) t • Certified Survey Map No. -1T 3 a Part of the East 1/2 of the Northeast 1/4 of the Fractional Northeast 1/4 of Section 05,Township 17 North,Range 16 East, City of Oshkosh,Winnebago County,Wisconsin Owner's Certificate of Dedication S.C. Swiderski,LLC,a limited liability company duly organized and existing under and by virtue of the Laws of the State of Wisconsin,as the property owner,does hereby certify that we caused the land above described to be surveyed,divided,mapped and dedicated all as shown and represented on this map. In the presence of: S.C.Swiderski,LLC Managing Member Date \o°ottiti l i ton,v.f�i 1 [ OTAF4.. Print Name 7 - cp '°UBL1G Wisconsin State of sconsin ) q'•. kCL O 1 County) ,, /) p I gnnmm�tu��`r Personally came before me on the c94"d Nw-tt'�ay of '` 20 oil ,the above the property owner(s)to me known to be the persons who executed the foregoing instrument and acknowledge the same. �t ✓� My Commission Expires 4 2-0/2( Notary Public,Wisconsin Certificate of Planning Department This Certified Survey Map has been reviewed by the City of Oshkosh Planning Commission. J 3— O—.2az i>1 g Commission Representative Date Treasurers'Certificate We,being the duly elected,qualified and acting Treasurers'of the City of Oshkosh and Winnebago County,do hereby certify that in accordance with the records in our office,there are no unredeemed tax sales and unpaid taxes,or special assessments on nnnand of the land included in this certified survey map. /pa City Treasurer 11 // Date m►.4\ /Yt� /i6/(7/g/ County Treasurer/ j}�,�„ 16, Date This Certified Surve^y`'M�fa'pp iis7V�lcontaine wholly within the property described in the following recorded instruments: the property owners of record: Recording Information: Parcel Number(s): S.C.Swiderski,LLC Doc No.1788138 113-2913-0000 ak,\SGpiy ,, Doc No.1803289 s ,t ir • N N d,9//Q/2/ O I Scott •An rsen . Date Profes�ar&WMct' for No.S-3169 ba Scott©datfbl�rp, 1‘a‘, Dratled sheet Y3o9 Feb 10,2021 —02:07 PM J:\Projects\5123sca\ewg\Canaan\5129GSII.dxg • EXHIBIT A (3 of 3)