HomeMy WebLinkAboutEasement Miravida Living 002023910 1111
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Easement DOCE STROHMEYER# 1856735
CITY CLERK'S QFFI3ALI
Document Number Document Title
REGISTER OF DEEDS
WINNEBAGO COUNTY,WI
RECORDED ON:
07/08/2021 10:52 AM
RECORDING FEE: 30.00
PAGES: 7
THIS Agreement is made this 23Ydday of lv1ps Ch ,2021,
by and between Miravida Living, Inc., f/k/a Lutheran Homes of Oshkosh, Inc.,
Miravida Living or Grantor,and City of Oshkosh,City or Grantee, Recording Area
Name and Return Address
1. PURPOSE: The City and Miravida Living both seek to improve the City Attorneys Office
City's public water distribution system while allowing Miravida Living P.O.Box 1130
the use and enjoyment of its property. Oshkosh,WI 54903-1130
2, EASEMENT: Grantor,its successors and assigns,gives and grants to 002023910
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. Miravida Living 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 Miravida Living's Property in the Town of Algoma,
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. Miravida
Living is be responsible for regular maintenance the surface of the Easement Property,including maintaining and
mowing grass.
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February 22, 2021
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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.
Miravida Living shall not place,pile,or move snow or ice onto the Easement Property. The elevation shall not be
changed without permission of the City. Miravida Living 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 Miravida Living fails to remove these materials or objects
interfering with the Easement,the City may enter the Property and remove them at Miravida Living'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,Miravida Living 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: Miravida Living 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 Miravida Living'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 Miravida Living 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 Miravida Living as the Grantor,and the City as the Grantee,and their respective heirs,executors,
administrators,successors,assigns,and legal representatives.
13. EXISTING EASEMENTS: Except for an easement for an electric transmission line that is perpendicular to this
water main easement that benefits ATC,Miravida Living 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 Miravida Living 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:
Miravida Living,Inc.
225 N Eagle Streett
Oshkosh,WI 54902
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. Miravida Living 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
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February 22, 2021
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IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
MIRAVIDA LIVING,INC.,formerly known as Lutheran Homes of Oshkosh,Inc.,
name change effective 06/16/2017
Theresa Bertram,President/CEO
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this day of :IL(h E ,2021,the above named Theresa Bertram,to me known to be
such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained.
Notary Public,State of Wisconsin
My Commission expires: T��! z e a 3
CITY OF OSHKOSH
By:
A.Rohloff,Ci ager
By:
Pamela R.Ubrig,City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Q
Personally came before me this lk ay of i,U�e ,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. - '{
Notary P li ate of Wisconsin _{-
My Commission expires: (Z1I 5/2023 _�
APPROV AS TO FORM:
4 )
erensen,City Attorney
payt9 5- egPr KA/ DePt_3
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February 22, 2021
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CONSENT OF MORTGAGEE
The undersigned,being the holder of a mortgage against the property which includes the identified and described"Easement
Property"in this Easement Agreement,consent to the grant of the Easement set forth above for the sole purpose of subordinating
its interest in the Easement Property to the conveyance of this Easement.
U.S.Bank National Assodaton
(print name of mortgagee)
By: V T Vice President
(signature) (title)
Donald T. Hurrelbrink Vice President
(print name) (print title)
STATE OF Minnesota )
)ss.
Ramsey COUNTY )
Personally came before me this'R'i k day of 3Z fl . ,2021,the above named Donald T. Hurrelbrink
(signator)of U.S.Bank National ASsodatlon (mortgagee),to me known to be such persons who executed
the foregoing instrument and acknowledged the same,for the purpose h e' nta' d.
o Public, tate of Mipnes
My Commission expires: Jan.�31,2026
ccl�llrr!!r!!!!�l�!!llrir!�!!!.
.`'a' >;° JUDY ANN GALBERTH
fi(\,,s'.- d � ��Ly"NOTE NOTALIC-mmission RY TA
2026
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February 22, 2021
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Easement for Water Main
Parcel 002023910
Owner:Lutheran Homes of Oshkosh
Address: Not listed
Located In the Southeast%of Section 20 In Township 18 North,Range 16 East,Town of Algoma,
Winnebago County bounded as follows:
Commencing at the Southeast corner of Section 20 in Township 18 North,Range 16 East;Thence N
00°24'01"W,3,995.10 feet along the East Line of the Southeast''/a of said Section 20 to the northeast
corner of the SE%of said Section 20;Thence N 89°22'58"W along the north line of the SE%of said
Section 20, 1,306.41 feet to the point of beginning at the southeast corner of Lot 28 of Rolling Green
Meadows Subdivision;Thence N 00°24'05"W,175.03 feet along the west line of said Lot 28 to a point
on the south line side of Bromfield Drive;Thence N 00°24'05"W along the west line of Bromfield Drive; i -
Thence N 89°22'58"W 35 feet to a point on the west line of the SE%of said Section 20;Thence S
00°24'05" E,195.04 feet along the west line of the SE%of said Section 20 to the northwest corner of the
SE%of said Section 20;Thence S 89°22'58"E,35 feet along the north line of the SE'''A of said Section 20
to the point of beginning.
Said easement contains 6,826.43 square feet or 0.1567 acres more or less.
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1489'22'5A0 1
BROMFIELD DR
Parcel ID#002023910 00'24'05'W
Owner: Lutheran Homes of Oshkosh 20,01'
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Subdivision
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,a. 0.1567 Acres NE corner' of the SE
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S89.22'58'E 3,995,10
35,00 East line of the SE i
of Section 20, T18N, R16E i
S.E. I Corner of Al
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N Note: All bearings and distances reference the Meadow Ridge
Subdivision ,
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CITY OF OSHKOSH
m ENGINEERING DIVISION WATER MAIN EASEMENT
0= FILE NAME: DRAWN: LUTHERAN HOMES OF OSHKOSH
E Lutheran Home•of OJ,k•t6 2-01-2021 I
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