HomeMy WebLinkAboutEasement Thomas Muraski 14-1347-0000 .... I 14DL7q
RECEIVED 1,1111111111111111111 8748689
OCT Q L 2021 Tx:4559715
Easement Agre ent DOC# 1863173715
fY CLERK'S OFALIE STROHMEYER
GISTER OF DEEDS
Document Number Document Title WINNEBAGO COUNTY,WI
RECORDED ON:
THIS INDENTURE,made this22-thiay of .pt(,,t U�St ,2021, 09/16/2021 10:13 AM
by THOMAS A.MURASKI,(Muraski)Grantor,and CITY OF OSHKOSH,(City) RECORDING FEE: 30.00
located in Winnebago County,Wisconsin,Grantee, PAGES: 6
1. PURPOSE: The City is reconstructing Oregon Street. As part of that
reconstruction,the City is adjusting the curb radius at the Oregon Street
and West Waukau Avenue to allow easier turning between these two
streets. The effect of this radius adjustment is to require additional Recording Area
space to install a new corner sidewalk ramp that will comply with the Name and Return Address ��.a
Americans with Disabilities Act. The triangular Easement Property City Attorney's Office f✓ .I(b
that is the subject of this Easement will allow the City to install an PO Box 1130 a"
ADA compliant sidewalk and sidewalk ramp at this corner. The Oshkosh,WI 54903-1130
resulting sidewalk will be incorporated in and part of the City's public 91413470000
` sidewalk system in the same manner as those public sidewalks solely Parcel Identification Number (PIN)
within the public right of way.While the initial use of the Easement
would be for curb and ADA compliant public sidewalk,the City would be allowed in the future to install
underground conduit and wires as well as an electric pull box.
2. EASEMENT:Muraski grants,and the City accepts,an Easement over,under,and through the 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.While the initial use of the Easement would be for curb and ADA compliant public sidewalk,the
City would be allowed in the future to install underground conduit and wires as well as an electric pull
box.The determination of details related to sidewalks 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 expense of the City. However,thereafter the public sidewalk installed within the Easement
Property shall be the responsibility of the Property owner as it would be 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.Muraski 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 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,
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May 17, 2021
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and through the easement property. Muraski 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: Muraski,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. Muraski 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 Muraski fails to remove these structures,materials or objects,the City
may remove them at Muraski'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: Muraski 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 Muraski'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 Muraski 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 Muraski
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 Muraski 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.
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.
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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:
Thomas A.Muraski
3087 Oregon Street
Oshkosh,WI 54902
FOR THE GRANTEE:
City of Oshkosh
do 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. Muraski 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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May 17, 2021
IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
GRANTOR
By:
Thomas A.M aski
STATE OF WISCONSIN )
}ss.
WTNNEBAGO COUNTY )
Personally came before me this day ofe ,2021 the above named Thomas A.Muraski,to me known to
be such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained.
JW
Notary State of Wiscons' •Y.
My Commission expires: l/ '
z /
GRANTEE •
7' 'i
CITY OF OSHKOSH
By. ✓1�—
• A. 'ohloff,City
.1.::.er
By:� �_ J,. + , `� A. le
Pamela R.Ubrig,City Cl-
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this 2541 day of 4\uCyA ,2021,the above named Mark A. Rohloff and Parnel -11
Ubrig of the City of Oshkosh,to me known to be such persons who executed the foregoing instrument and acknowl�aesdg� file ''., ;1�
same,for the purpose herein contained. C/Y!�y�� r�' U
otary Yubli tate of Wisconsin , , Q ;
My Commission expires: 121 I6 2AZ3 2 %
.1'
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APP VED TO F RM: %-. •SI jai
Lorenson, A omey
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May 17, 2021
Easement for Sidewalk
Parcel 14-1347-0000
Owner:Thomas A.Muraskl
Address: 3087 Oregon Street
Being a part of the Southeast 1/4 of the Southeast 1/4 of Section 35 in Township 18 North,Range 16
East, Fourteenth Ward,City of Oshkosh,Winnebago County bounded and described as follows:
Commencing at the Southeast 1/4 Corner of Section 35,Township 18 North,Range 16 East;Thence
northerly 33 feet along the east line of the Southeast 1/4 of Section 35 In Township 18 North,Range 16
East;Thence westerly 33 feet to the northwest corner of West Waukau Avenue(66')and Oregon Street
(66')and the point of beginning;Thence westerly 11.2 feet along the north line of W.Waukau Avenue;
Thence northeasterly 15.2 feet to a point on the west line of Oregon Street that is 10.3 feet northerly of
the north line of said West Waukau Avenue;Thence southerly 10.3 feet along the west line of said
Oregon Street to the point of beginning.
Said easement contains 57.61 square feet or 0.0013 acres more or less.
EXHIBIT A (1 of 1)
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CITY OF OSHKOSH '
ENGINEERING DIVISION
FILE NAME: DRAWN: SIDEWALK EASEMENT
2087°mon 91 S(dendk 03-04-2021
steernent.divg 3087 Oregon Street
GRAPHIC 0 00 40
SCALE:(IN FEET) 1240H-40 FE&T EXHIBIT B (1 of 1)