HomeMy WebLinkAboutEasement Michael/Caitlin Nordmann : .mow 11d-70
RECEIVED 111111111111111
Tx:4559715
Easement OCT 42021 DOC# 1863174
NATALIE STROHMEYER
Document Number Document Title t^iTV t-'l FRK'fi n=FICE REGISTER OF DEEDS
WINNEBAGO COUNTY,WI
THIS Agreement is made this day of is,,,tqu.St ,2021, RECORDED ON:
by and between Michael C Nordmann and Caitnit Nordmann, collectively 09/16/2021 10:13 AM
Nordmann or Grantor,and City of Oshkosh,City or Grantee, RECORDING FEE: 30.00
PAGES: 6
1. PURPOSE: The City and Nordmann both seek to improve surface
drainage for storm water by placing a storm water inlet and
underground storm sewer pipe on Nordmann' property. The new storm
water drainage facilities will improve the surface drainage on
Nordmann'property,and will help the City's overall storm water Recording Area
Name and Return Address �� �
management system.
City Attorneys Office e
P.O.Box 1130 02�$
2. EASEMENT: Nordmann,their successors and assigns,gives and Oshkosh,WI 54903-1130
grants to the City,and the City accepts,an Easement over,under,and
through the Property described in this Easement Agreement.The 90657390000
Easement may be used for all purposes related to the City's storm Parcel Identification Number (PIN)
water management system.
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. Nordmann receives the benefit of improved
surface drainage on their lot.
4. PROPERTY: Nordmann' 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 Forty(40)of Meadow Ridge Subdivision recorded with the Winnebago County Register
of Deeds as Document Number 760239,in the Southeast'A 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 Nordmann' 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
Nordmann receives permission from the City,Nordmann 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
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Easement rights,or to remove debris from the inlet before the City is able to do so. Nordmann shall be responsible
for maintaining the surface of the Easement Property,except the inlet. Nordmann will take all reasonable precautions
to avoid grass clippings,yard waste,and debris from entering the inlet.
9. INTERFERENCE WITH EASEMENT: Nordmann 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. Nordmann 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. Nordmann 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 Nordmann fails to remove these materials or objects interfering with
the Easement,the City may remove them at Nordmann' expense. Nordmann shall take reasonable steps to prevent
third parties from interfering in any way with the City's use of the Easement Property.Nordmann 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: Nordmann 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 Nordmann' 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 Nordmann 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
Nordmann and the City,their respective heirs,executors,administrators,successors,assigns,and legal
representatives.
13. EXISTING EASEMENTS: Nordmann 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 Nordmann 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
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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
this Agreement and shall govern all disputes,whether arising through the teens 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. 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:
Michael C Nordmann and Caitlin Nordmann
795 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. Nordmann 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
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.111,
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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,
MIC L C NO CAITL N NORDMANN
ANA6-1„....1,,t,-,---
Mich el C N ma Caitlin Nor mann
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
i:•
R
Personally came before me this 1 day of „Twig, ,2021,the above named Michael C Nordmann,to d tctipvvn
to be such person who executed the foregoing instrument a ackno le the same,for the purpose herein-ceititamed. • 1.
4 /• '• �eF
9 i �` / ,, ✓
Notary Public,State o Wisco c_
My Commission expires: 1023 � W 0 / w ; .
STATE OF WISCONSIN )
)ss. CT.
WINNEBAGO COUNTY )
Personally came before me this a fth day of Utt i< ,2021,the above named Caitlin Nordmann,to me known to be
such person who executed the foregoing instrument and acknowlIege he same,for the purpose herein contained. j'"' ',,...,
Notary Public,Stat of Wisconsin +� �`+
My Commission expires: i p t i f a 3 ' �' 5 % y�
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CITY•OF'OS KOSH � e� �°�
By•
is —.vim S�'„ -�1t�
.`y A.Rohloff,Ci ,,..lilt,
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'. Pamela•
R''s'Ubrig,City Cler
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this a day of Scptemberm 1,the above named Mark A.Rohloff and Pamela.R;'I,,,,,
Ubrig of the City of Oshkosh,to me known to be such persons who executed the foregoing instrument and acknowledged#(id ,,J,
same,for the purpose herein contained. nau..,), 410-erti-e. y •,•` Y
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p.0
Notary Public,State of Wisco sin -; f�V
My Commission expires: i I I sl aoaLt : w` ' ,
•p Ililla VED AS TO FO PO ; '::i_
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A. orenso ity� orney ,,,„„u,. ,,..-
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June 9, 2021
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9th Avenue Drainage Easement-795 Foxflre Drive
Parcel#06-5739-0000
Lot 40 of Meadow Ridge Subdivision
Part of Lot 40 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 Sectionh line of the Southeast 1/4 of said Section 20;Thence
20,Township 18 North,Range 16 East;Thence North
89°16'29"West, 1,237.64 feet along
north(80')right-of-way line of
t
the sou
t
North 00°24'47"West,40.00 feet to the southwest corner of Lot 40 of Meadow Ridge Subdivision,the
West 9th Avenue and the Point of Beginning; Thence North 00°24'47"
West,15.00 feet along the wes line of said Lot 40; Thence South 89°16'29" East,10.00 feet;Thence
South 00°24'47" East, 15.00 feet to said north(80')right-of-way line of West 9th Avenue;Thence North
89°16'29"West,10,00 feet along said north(80')right-of-way line to the Point of Beginning.
Said area contains 149.97 square feet or 0.0034 Acres more or less.
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CITY OF OSHKOSH
ENGINEERING DIVISION STORM SEWER EASEMENT
FILE NAME: DRAWN:
795 Fos Fire Drive Euement.dwg 3.6.2021 795 Fox Fire Drive
GRAPHIC °,—
SCALE: (IN FEET) I I EXHIBIT B (1 of 1)
1 INCH-40 FEET