HomeMy WebLinkAboutEasement R D Harles and Cheryl Harles 06-5700-0000 •
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Easement DOC# 1863172
CITY CLERK'S OFFIC ATALIE ROHMEYER
Document Number Document Title REGISTER OF DEEDS
THIS Agreement is made this 255' day of .AU u.St 2021 WINNEBAGO COUNTY, WI
by and between R D Harles and Cheryl L Harles,collectively Harles or Grantor,and RECORDED ON:
09/16/2021 10:13 AM
City of Oshkosh,City or Grantee,
RECORDING FEE: 30.00
PAGES: 6
1. PURPOSE: The City and Harles both seek to improve surface drainage
for storm water by placing a storm water inlet and underground storm
sewer pipe on Harles'property. The new storm water drainage
facilities will improve the surface drainage on Harles' property,and
will help the City's overall storm water management system. Recording Area
Name and Return Address
2. EASEMENT: Harles,their successors and assigns,gives and grants to City Attorneys Office e
P.O.Box 1130 ®Z4$
the City,and the City accepts,an Easement over,under,and through Oshkosh,WI 54903-1130
the Property described in this Easement Agreement.The Easement
may be used for all purposes related to the City's storm water 90657000000
management system. Parcel Identification Number (PIN)
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. Harles receives the benefit of improved surface
drainage on their lot.
4. PROPERTY: Harles' larger Property within which the Easement Property is located is in the City of
Oshkosh,Winnebago County,State of Wisconsin,and is described as follows:
Lot One(1)of Meadow Ridge Subdivision recorded with the Winnebago County Register
of Deeds as Document Number 760239,in the Southeast 1/2 of the Southeast'A of Section 20,
Township 18 North,Range 16 East,Sixth Ward,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 Harles'Property in the City of Oshkosh,
Winnebago County,Wisconsin,(`Easement Property"),is described below. A locational map of the
Easement Property is attached as Exhibit B.
Easement Property Legal Description Attached as Exhibit A
6. ACCESS RIGHTS: The City shall have the right to access and use the Easement Property for all purposes related to
its public 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 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,inlets,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
Harles receives permission from the City,Harles 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. Harles shall be responsible for maintaining
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June9, 2021 C.-b
the surface of the Easement Property,except the inlet. Harles will take all reasonable precautions to avoid grass
clippings,yard waste,and debris from entering the inlet.
9. INTERFERENCE WITH EASEMENT: Harles 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 otherwise,within the Easement
Property. Harles 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. Harles 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 Harles fails to remove these materials or objects interfering with the
Easement,the City may remove them at Harles' expense. Harles shall take reasonable steps to prevent third parties
from interfering in any way with the City's use of the Easement Property. Harles shall notify and consult with the City
before entering into any subsequent easements with other parties that include the Easement Property. The City
reserves the right to object and prevent other easements on the Easement Property if the 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: Harles 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 Harles' 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 Harles 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 Harles
and the City,their respective heirs,executors,administrators,successors,assigns,and legal representatives.
13. EXISTING EASEMENTS: Harles and the City acknowledge an existing ten(10)foot public utility easement along
the south lot line of the Property that was created on the Meadow Ridge subdivision Plat,but are not aware of any
other recorded Easements which relate to or affect the Easement Property. The Easement created by this Agreement
would therefore overlap the existing utility easement.
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 Harles 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
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June 9, 2021
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 Iaws 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. 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:
R D Harles and Cheryl L Harles
780 Fox Fire Drive
Oshkosh,WI 54904
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. Harles affirms that they 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
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June 9, 2021
IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
R D II4LES / CH YL L HARLES
jitt /IA, thilt.5
R D Harles Cheryl L Harl
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this vs.., day of Te4/IL ,2021,the above named R D Harles,to me known to be such
person who executed the foregoing instrument and acknowledged e sa ,for the purpose herein contained. J i :,,
•
Notary Public,State of Wiscons' ',,' '.le; -
My Commission expires: 10 I Ia) �1 / ;,
° 0 /° --/STATE OF WISCONSIN ) , ,`
)ss. \ ,.
WINNEBAGO COUNTY ) '• _. n_
STt c`
Personally came before me this �' day of atuiG ,2021,the above named Cheryl L Harles,to me known to be
such person who executed the foregoing instrument and a cnow1edggd the same,for the purpose herein contained.
� fJ
� ~ i,�` ,-
Notary Public,yState of Wisconsin ;�
My Commission expires: i OM 2i3 r;- �-
V
0 ! 92
CITY,OF OSHKOSH ,s;;�: N ,' . -:
.`: Mar .Rohloff,Ct er f =�I�' .
•I By -
Pamela R:Ubrig,City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this R day of L '))k ,2021,the above named Mark A.Rohloff and Pamela R. ``,
Ubrig of the City of Oshkosh,to me known to be s h persons who executed the foregoing instrument
=
d . ,r
•
J and acknowledge .---- • .
same,for the purpose herein contained. Cry ! ' , ,,�
Notary Public,State of cons _ w ; • t%�1
My Commission expires: I I /1$ f 6R0 ' Z ', N, :
"A •OVED A` O FORM: 3\ " sue''
CL.1, •.Lorens on,City Attorney
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June 9, 2021
9th Avenue Drainage Easement-780 Foxfire Drive
Parcel#06-5700-0000
Lot 1 of Meadow Ridge Subdivision
•
Part of Lot 1 of Meadow Ridge Subdivision recorded as document#760239 of the Southeast 1/4 of the
Southeast 1/4 of Section 20,Township 18 North,Range 16 East,City of Oshkosh,Ward 6,Winnebago
County,Wisconsin.
•
Commencing at the Southeast corner of Section 20,Township 18 North, Range 16 East;Thence North
89°16'29"West,870.10 feet along the south line of the Southeast 1/4 of said Section 20;Thence North
00°27'07"West,40.00 feet to the southeast corner of Lot 1 of Meadow Ridge Subdivision,the north
(80') right-of-way line of West 9th Avenue and the Point of Beginning; Thence North 89°16'29"West,
10.00 feet along the south line of said Lot 1 and the north(80')right-of-way line of West 9th Avenue;
Thence North 00°27'07"West,15.00 feet;Thence South 89°16'29"East,10.00 feet to the east line of
said Lot 1;Thence S00°27'07"East,15.00 feet along said east line of Lot 1 to said north (80')right-of-way
line of West 9th Avenue and the Point of Beginning.
Said area contains 150,17 square feet or 0.0034 Acres more or less,
EXHIBIT A(1 of 1)
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CITY OF OSHKOSH
ENCzINEERINO DIVISION STORM SEWER EASEMENT
FILE NAME: DRAWN:
700 Fox FiaDrive ETsement.dog ,.a-2os, 780 Fox Fire Drive
llc ° 20 40
SCALE:
EXHIBIT B (1 of 1)
SCALE: (IN FEET) ��
1 INCH-40 FEET