HomeMy WebLinkAboutEasement Agreement 12-0859-0000 Ka Chang Yang/Dao Chang Liova
z I :CLIVED
SEP 13 2021 8 Tx44556320 5
Easement Agreement DOC# 1861883
CI iY CLERK OFFICE NATALIE STROHMEYER
Document Number Document Title REGISTER OF DEEDS
WINNEBAGO COUNTY,WI
THIS INDENTURE,made this 2= day of /[3 uS 1 ,2021, RECORDED ON:
by KA CHANG YANG and DAO CHANG, collectively Chang or Grantor, and 09/01/2021 10:02 AM
CITY OF OSHKOSH,(City)located in Winnebago County,Wisconsin,Grantee, RECORDING FEE: 30.00
PAGES: 6
1. PURPOSE: The City has undertaken a Jackson Street Corridor Plan
and Safety Study. As part of the approved plan,the City is making a
number of changes and upgrades to traffic over and along Jackson
Street,including transportation modes such as pedestrian,vehicular, Recording Area
and bicycle.The part of the approved plan that affects this Property on Name and Return Address
the northwest corner of Jackson Street and Congress Avenue is to allow
City Attorney's Office
the installation of an Americans with Disabilities-compliant sidewalk PO Box 1130
and ramp,and to allow the installation of a pole with overhead arm for Oshkosh,WI 54903-1130 61\arsr_
an upgraded pedestrian crossing. The effect of these changes requires 91208590000
additional space. The triangular space will allow the City to
accomplish its goals and enhance the safety and efficiency for those Parcel Identification Number (PIN)
using the sidewalk and the street. The resulting sidewalk and ramp will be incorporated in and part of the
City's public sidewalk system in the same manner as those public sidewalks solely within the public right of
way.
2. EASEMENT:Chang grants,and the City accepts,an Easement over,under,and through the Easement
Property for the purposes described and according to the terms set forth herein.
3. CONSIDERATION: One dollar($1.00)and other good and valuable consideration,the amount and
sufficiency of which is accepted by both parties as appropriate for the purposes of this Agreement.
4. EASEMENT PROPERTY: The property subject to the Easement granted herein,the Easement Property,is
located in the City of Oshkosh,Winnebago County,Wisconsin,is described as follows:
Legal Description Attached as Exhibit A
5. EASEMENT LOCATION: For visual reference purposes,the Easement Property is described as:
Easement Property Map Attached as Exhibit B
6. USE AS EASEMENT FOR PUBLIC PURPOSES: The Grantee shall have the right to access,survey,lay,
construct,use,operate,maintain,repair,replace,relocate,and/or remove public sidewalk as well as
accessory sidewalk uses including signage,all of which may be over,under,and through the Easement
Property.The initial use of the Easement would be for curb,ADA compliant public sidewalk,a pole with
arm overhanging the street,wireless electric pedestrian push button,appropriate pedestrian and vehicular
signals and signage. The City would be allowed in the future to install underground conduit and wires as
well as an electric pull box if the City's system warrants such additions. The determination of details related
to sidewalks,poles,signals,and signage that may be necessary shall be at the discretion of the Grantee. The
initial installation of this ADA compliant public sidewalk ramp will be installed at the City's expense.
However,thereafter the public sidewalk installed within the Easement Property shall be the responsibility of
the Property owner in the same manner as if it was within the public right-of-way,pursuant to all relevant
codes,rules,and statutes pertaining to public sidewalks within the City of Oshkosh.
7. CONSTRUCTION/MAINTENANCE: The size,location,and construction,including the timing of construction,
shall be at the sole discretion of the City.Chang shall be responsible for all aspects of maintenance including without
limitation snow and ice removal,repair,and replacement of the sidewalk that is within and adjoining the Easement
Property according to all applicable rules and regulations for public sidewalks. The City's responsibilities include
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grading and seeding the Easement Property upon the initial installation of its facilities,and thereafter if necessary due
to any City maintenance,repair,or replacement of any other utility and/or utility structure over,under,and through
the easement property. Chang may be assessed costs of construction and/or maintenance on the Easement Property
as described in this Agreement,or as otherwise allowed or required by the Municipal Code.
8. INTERFERENCE WITH EASEMENT: Chang,its agents or assigns,shall not interfere in any way with the City's
use of the Easement Property,and in particular shall not alter the slope,elevation,or vegetation associated with the
Easement Property,or install or construct any structures or improvements within the Easement. Prohibited structures
or improvements include,but are not limited to,temporary or permanent building structures,driveways,parking
areas,sheds,change in elevations,and vegetation except as permitted by the City. Chang shall be expected to
promptly remove any materials or objects it is directly,or inadvertently responsible for locating in the Easement
Property and interfering with the Easement. If Chang fails to remove these structures,materials or objects,the City
may remove them at Chang's expense. The City's written consent will be required before any additional Easement or
use of this Easement Property is granted to third parties;except for Grantor's mortgagee identified herein or its
successors and/or assigns if any become owners of the Grantor's property.
9. USE OF EASEMENT BY OTHERS: Chang agrees that the City may temporarily assign the construction and
maintenance rights identified herein to any contractor,third party,or other assignee who demonstrates to the City
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 Chang's interest in the Easement Property shall be protected to the same
extent as if the City itself was performing the construction and maintenance.
10. DEFAULT: If either Chang or the City reasonably believes 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 immediately take any actions it believes
is necessary to remedy any situation that materially interferes with the lawful use of the Easement Property and/or
poses a danger or hazard to the public.
11. 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 Chang
and the City,their respective heirs,executors,administrators,successors,assigns, and legal representatives.
12. 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 Easement 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 Easement Agreement.
13. INVALIDITY: If any term or condition of this Easement Agreement,or the application of this Easement Agreement
to any person or circumstance,shall be invalid or unenforceable,the remainder of this Easement 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.
14. NO THIRD PARTY BENEFICIARY: The terms of this Easement Agreement are for the benefit of the two parties
identified,as well as their successors and assigns,and it is not the intention of either Chang or the City that other
parties shall acquire any rights to enforce or benefit through this Easement Agreement.
15. MUNICIPAL LIABILITY: Nothing in this Easement 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 by the Grantor and incorporated into this
agreement by the municipality and its agents,offices,and employees. Such limitations and immunities shall apply to
any dispute related to this Easement Agreement,even if the claim is based in tort law.
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16. GOVERNING LAW: This Easement Agreement shall be construed and enforced in accordance with the laws of the
State of Wisconsin. Venue for any action regarding this Easement 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 Agreement 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:
Ka Chang Yang&Dao Chang
1403 Jackson Street
Oshkosh,WI 54901
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O.Box 1130
Oshkosh,WI 54903-1130
18. AUTHORITY: The City 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 City. Chang affirms
that he has 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 their respective
party.
SIGNATURE PAGE(S)FOLLOW
DRAFTED BY:
Attorney David J.Praska
Deputy City Attorney
Oshkosh,Wisconsin
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July 19, 2021
IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
GRANTOR
By: )41977
Ka Chang Yang 17
By: IN1/4 V c 1 I� N V (1 _` V
Dao Chang
STATE OF WISCONSIN ) �•
)ss. _
WINNEBAGO COUNTY )Personally came before me this C day of AU 14.5 f ,2021 the above named Ka Chang Yang&Dao Chang to me
known to be such persons who executed the foregoing intument and acknowledged the same,for the purpose herein contained.
1441.E
Notary Public,State of Wisconsin
My Commission expires: 2/7.8
GRANTEE
CITY OF OSHKOSH
By: '`�
A.Rohloff,City e -
Pamela R.Ubrig,City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY ) ,'11 '�
Personally came before me this day of ��11q VS t , 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. , t , VW , p„ a ` „ ,f1
Notary Public,State W prm�i" h
My Commission expires:
ires: `
AP OVED AS Q FORM:
A.Lorenson, ity Attorney
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July 19, 2021
Easement for Sidewalk and Electric
Parcel 12-0859-0000
Owner: Ka Chang Yang/Dao Chang
Address: 1403 Jackson Street
Being a part of the Southeast 1/4 of the Northeast 1/4 of Section 14 in Township 18 North, Range 16
East, Twelfth Ward, City of Oshkosh, Winnebago County bounded and described as follows:
Commencing at the Southeast Corner of Lot 1 Block 3 of the Mastersons Park Plat in the Southeast 1/4
of the Northeast 1/4 of Section 14,Township 18 North, Range 16 East also being the Northwest corner
of Congress Avenue and Jackson Street;Thence westerly 10.0 feet along the south line of said Lot 1;
Thence northeasterly 14.2 feet to a point on the east line of said Lot 1 that is 10.0 feet northerly of the
Southeast corner of said Lot 1 also being the north line of the Congress Avenue Right-of-Way;Thence
southerly 10.0 feet along the east line of said Lot 1 to the point of beginning.
Said easement contains 50.0 square feet or 0.0011 acres more or less.
EXHIBIT A- Page 1 of 1
a
O
NE 1 /4 OF NE 1 /4 33 33 U
SECTION 14
S
T18N R16E
Y
J
ai W. N EVADA
MASTERSONS PARK PLAT
J LOT 4 BLK 3
' AVE.
North Line of SE 1/4ofNE 1/4-
5 I Section 14, T18N R16E
SE 1 /4 OF NE 1/4
SECTION 14
- - --1 T18N R16E ■
r
MASTERSONS PARK PLAT
a LOT BLK3
Tc
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MASTERSONS PARK PLAT 0
LOT 2 BLK 3
East Line of Block 3 Lot 1-
n SW 1/4 OF NW 1 /4
of the Mastersons Park Plat SECTION 13
- - - - - - - T18N R16E
MASTERSONS PARK PLAT
-
N I LOT 1 BLK 3 O
1403 Jackson Street o
0 Parcel ID# 12-0859-0000 L"
7
Owner: Ka Chang Yang/Dao Chang , b
130.0' '\�.4.o
3 10.0' Area= 50.0 sq. ft.
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- CONGRESS AVE.
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=W East Line of NE 1/4
Section 14, T18N R16E
N
0
N
33' 33'
40
CITY OF OSHKOSH
a ENGINEERING DIVISION
FILE NAME: DRAWN: SIDEWALK AND ELECTRIC EASEMENT
-E Jackson St.Easements 6_24_2021 1403 JACKSON STREET
n
m GRAPHIC o 20 40
o SCALE: (IN FEET)
1 INCH-40 FEET
EXHIBIT B- Page 1 of 1