HomeMy WebLinkAboutEasement 06-6023-0100 14 ooy
RECEIVED
Easement JUN 0 3 2021 8 Tx:4 2 8096
DOC# 1852277
Document Number Document Title CITY r't FRK'S OFFirol
LIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
05/21/2021 10:13 AM
RECORDING FEE: 30.00
{L PAGES: 6
THIS Agreement is made this PO day of Afzi L ,2021,
by and between Quail Run Farm Homeowners Association,Inc., HOA or Grantor,
and City of Oshkosh,City or Grantee,
Recording Area
Name and Return Address
1. PURPOSE: The City and HOA both seek to improve the City's public City Attorney's Office
water distribution system while allowing HOA the use and enjoyment P.O.Box 1130
of its property. Oshkosh,WI 54903-1130 Char e
2. EASEMENT: Grantor,its successors and assigns,gives and grants to 90660230100
the Grantee,and the City accepts,an Easement over,under,and Parcel Identification Number (PIN)
through the Property described in this Easement Agreement effective on the date of this Agreement.The
Easement may be used for all purposes related to the City's water distribution system. The City intends to
install a water main and appurtenances within the Easement. HOA shall not construct or install anything
over,across,or under the Easement Property that would interfere with the Easement rights granted in this
Agreement,with the limitations described below.
3. CONSIDERATION:The parties' consideration for this Agreement is the sum of One and NO/100 dollars
($1.00)and other good and valuable consideration,the receipt and sufficiency of which is acknowledged.
4. EASEMENT PROPERTY: The City will install and operate a water main and public water distribution
facilities shall be over,under,and through a part of HOA's Property in the City of Oshkosh,Winnebago
County,Wisconsin,(`Easement Property"),is described below.
Easement Property Description Attached as Exhibit A
5. LOCATION: A locational map of the Easement Property is attached as Exhibit B.
6. ACCESS RIGHTS: The City shall have the right to access and use the Easement Property for all purposes related to
its water distribution system.
7. USE FOR WATER DISTRIBUTION SYSTEM: The City will use the Easement Property for a public water main
pipe and appurtenances. The City shall have the right to fully use the Easement Property for purposes related to its
water distribution system. The City shall have the right to access the Easement Property to survey,lay,construct,use,
operate,maintain,repair,replace,relocate,and/or remove its water main and water distribution facilities.
8. MAINTENANCE: The City shall be responsible for maintenance,repair,and replacement of the water main and all
water distribution facilities on and within the Easement Property. The City shall be responsible for grading and
reseeding grass on the Easement Property when the surface is disturbed because of the City's actions. Ongoing
restoration by the City includes grading and seeding,repairs of erosion,and regrading when those actions are
necessary and as a result of the City's use of the Easement Property. The City's maintenance of its water distribution
facilities shall be at the City's sole discretion. The City's goal is to take reasonable actions to ensure that the public
water distribution facilities within the Easement Property reasonably function according to their design. HOA is be
responsible for regular maintenance the surface of the Easement Property,including maintaining and mowing grass.
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February 22, 2021
.
9. INTERFERENCE WITH EASEMENT: Grantor,its successors in interest,heirs,agents,or assigns,shall not
interfere with or limit the City's use of the Easement Property. To that end,Grantor shall not install or construct any
structures or improvements on the Easement Property. Prohibited structures or improvements within the Easement
Property include but are not limited to temporary or permanent buildings,sheds,impervious surfaces such as
driveways,parking areas for vehicles,boats,campers,or equipment,or impervious surfaces used for recreation such
as basketball or tennis courts,material storage,trees and shrubs,landscaping,vegetation excluding grass,and fencing.
HOA shall not place,pile,or move snow or ice onto the Easement Property. The elevation shall not be changed
without permission of the City. HOA shall promptly remove any objects,materials,or structures which interfere with
or limit the City's use of the Easement Property,or limit the functioning of the City's water main and water
distribution system as it is designed. If HOA fails to remove these materials or objects interfering with the Easement,
the City may enter the Property and remove them at HOA's expense. The City's water main facilities to be installed
within the Easement Property are significant and important to the City's overall water main system. Therefore,HOA
shall notify and consult with the City before entering into any subsequent easements with other parties that include the
Easement Property. The City shall review such future plans in good faith,but reserves the right to object and prevent
other easements over or through the Easement Property if the proposed easement will in the City's sole opinion
interfere with or adversely affect the operation and/or maintenance of the City's water main and water distribution
facilities as designed. The parties agree that a material increase of the cost of operation or maintenance of the City's
facilities will be an allowed reason for the City to object and prevent subsequent easements over or through the
Easement Property.
10. USE OF EASEMENT BY OTHERS: HOA 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 HOA'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 HOA 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 and operation 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 and burden
of the HOA as the Grantor,and the City as the Grantee,and their respective heirs,executors,administrators,
successors,assigns,and legal representatives.
13. EXISTING EASEMENTS: The larger property within which the Easement Property is located,Outlot 1,also serves
the entire subdivision's drainage needs and is therefore covered by a drainage easement. Except for this drainage
easement,HOA and the City are not aware of any existing easements,recorded or unrecorded,over,under,or through
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 HOA or the City that other persons or entities shall acquire any rights to enforce or
benefit from this Agreement.
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February 22, 2021
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 explicitly
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: Any notices required by this Easement Agreement shall be in writing and delivered via certified mail,
return receipt requested,to the following addresses. Parties shall submit written changes of addresses to the other
party promptly. 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:
Quail Run Farm
Homeowner's Association,Inc.
c/o J.Peter Jungbacker
300 N Main St, Suite 300
Oshkosh,WI 54901
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. HOA affirms that it has the authority without limitation to grant this
Easement and to enter into this Easement Agreement and that the undersigned have the authority to sign this
Agreement on behalf of the Grantor.
SIGNATURE PAGES FOLLOW
•
This instrument drafted by:
Attorney David J.Praska
Deputy City Attorney
Oshkosh,WI 54903-1130
3
February 22, 2021
•
IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
QUAIL RUN A HOMEOWNER'S ASSOCIATION, INC.
By:
J.Pe ngbac r,Pf dent
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this ,fix day of Apkil, ,2021,the above named J.Peter Jungbacker,to me known to
be such person who exec,tQdttht lIcti egoing instrument and acknowl'a••(1 the same,for the purpose herein contained.
JUNGs
' NOTARY = Notary Pulic,St. - .liTscon m
My Commission • . .s: 5 i�I CIS A a.
,'• PUBLIC
CITY OF OSHK&S) Op WISCOO..
By:
rk A.Rohloff,C; age r
By: •
Pamela R.Ubrig,City Cler
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before me this (1"th day of (N ov , 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.
ota ublic, ate of Wisconsin •
My Commission expires: 12//5/202.3
APP OVED AST FORM:
n . Lorenso , ity Attorney
4
February 22, 2021
{
Easement for Water Main
Parcel 90660230100
Owner:Quail Run Farm Homeowner's Association Inc.
Address: Not Listed
i 1
Part of Outlot 1 of Quail Run Farm Subdivision located in the South%corner of Section 20 in Township i #
18 North,Range 16 East,City of Oshkosh,Winnebago County bounded as follows:
Commencing at the South%corner of Section 20 in Township 18 North,Range 16 East;Thence S
89°16'29"E,1,323.02 feet along the South Line of the Southeast%of said Section 20;Thence N
00°26'58"W,1,194.42 feet to the point of beginning at the southeast corner of said Outlot 1;Thence S
63°25'15"W,209.80 feet along the southerly line of said Outlot 1 to the easterly line of Quail Run Drive;
Thence northwesterly 30.28 feet along the arc of a curve to the left being said easterly line of Quail Run
Drive having a radius of 130 feet and the chord of which bears N 33°34'45"W,30.21 feet;Thence N
63°25'15"E,176.00 feet;Thence N 30°25'15"E,32.54 feet;Thence N 17°33'02"E,100.96 feet to the
northeast corner of said Outlot 1;Thence S 00°26'58" E,134.76 feet along the east line of said Outlot 1
to the point of beginning at the southeast corner of said Outlot 1.
Said easement contains 8,522.32 square feet or 0.20 acres more or less.
[Type here] EXHIBIT A—Page 1 of 1 [Type here]
• . .
e
A
0
Parcel ID#90660230100
Outlot 1
Owner:Quail Run Farm Homeowner's Assoc. Inc.
I �
N17'33`02'E
100,96
Outlot 1 j I
1st Addition to Quail Run Farm Subdivision
'..*---------s00'26'58•E
134.76'
Water Main Easement N30.25'15'E
8,522.32 sq ft
0.20 Acres
IR
'c N63'25'15'E
E / 176.00
N nor 24 / tl,H,
La
o
M /
/ 00'26'S8'W
a 1 1,194.42' ii 1
O • /
•
,E
18
.1 63'25115'1,/
N33'34'45'4/ 'on 209 80'
CHORD'30,21'
j CURVE' 30,28 IN
1
1 i Corner of
Sec. 20, T18N R16E
1 outh Line of SSE,RI}
of Sec. 20, T18NE I�
I AIM
a
Z � _ _____i
EN I
\ I S89'16'29'E
i JR Note: All bearings and distances reference the 1st Addition to Quail Run Farm
Subdivisibn.
1
CITY OF OSHKOSH
m ENGINEERING DIVISION WATER MAIN EASEMENT
FILE NAME; DRAWN: QUAIL RUN DRIVE OUTLOT 1
EQuail Run Drfve
N Water Main Easement dwg 1-09.4041
GRAPHIC 0 20 40 EXHIBIT B {
2 SCALE: (IN FEET) •
1 iNCH a 40 FEET