HomeMy WebLinkAboutEasement Moorhead Barr Properties 06-1492-0100 RECEIVED
8748698
O C T 0 4 2)21 Tx:4559725
Easement Agreement DOC# 1863175
NATALIE STROHMEYER
Document Number Document Title CITY CLERK'S OFFICEREGISTER OF DEEDS
WINNEBAGO COUNTY, WI
THIS Agreement is made this 2,S day of htt,C1,4.$b ,2021, RECORDED ON:
by and between Moorhead Barr Properties,LLC, Grantor, and City of Oshkosh, 09/16/2021 10:15 AM
Grantee, RECORDING FEE: 30.00
PAGES: 6
1. PURPOSE: The City and Moorhead Barr Properties both seek to
improve storm water drainage of the Property described in this
Agreement along with storm water drainage from adjoining and
surroundnig properties as part of the City's public storm water
management system. Recording Area
Name and Return Address
2. EASEMENT: Moorhead Barr Properties,its successors and assigns, City Attorney's Office
gives and grants to the City,and the City accepts,an Easement over, P.Q.Box 30 W
Oshkosh, I 54903-1130
under,and through the Property described in this Easement
Agreement.The Easement may be used for all purposes related to the 90614920100
City's storm water 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. Moorhead Barr Properties receives the benefit
of improved surface drainage on its Property.
4. PROPERTY: Moorhead Barr Properties is the fee owner of a larger parcel(Property)within which the
Easement Property is located. The Property is described as:
Lot 1 of Certified Survey Map 7616,recorded with the Winnebago County Register
of Deeds on May 22,2020, as Document Number 1817236,all of which is located
in the NW'/a of Section 21,Township 18 North,Range 16 East,City of Oshkosh,
Winnebago County,State of Wisconsin.
5. EASEMENT PROPERTY: The Easement benefitting the City's public storm water management system
shall be over,under,and through the Easement Property,which is located within the larger Property
described herein. The Easement Property is described as follows:
Legal description attached as Exhibit A
6. MAP:A locational map of the Easement Property is attached as Exhibit B.
7. 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.
8. USE FOR STORM WATER MANAGEMENT SYSTEM: The City shall be allowed to use the Easement Property
for all purposes related to its public storm water management system. The Easement Property will initially be used
for a surface level drainage swale. The City may in the future,at its sole discretion,use the Easement Property for
surface level and/or underground storm water drainage facilities. Additional uses may include underground piping,
inlets,manholes,and related storm water drainage facilities. The types,styles,and materials used in the storm water
drainage system shall be at the City's sole discretion. The City shall have the right to access,survey,lay,construct,
use,operate,maintain,repair,replace,relocate,and/or remove storm water drainage facilities within the Easement
Property.
9. MAINTENANCE: The City shall be responsible for maintenance,repair,and replacement of all storm water
drainage facilities on and within the Easement Property. For example,with the initial swale,the City will monitor the
shape and slope of the swale. In the future,they would monitor things like any piping,inlets,manholes,etc.The City
is responsible for restoration of the Easement Property if it is disturbed because of the City's use of the Easement
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June 29, 2021
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Property. 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 Moorhead Barr Properties receives
permission from the City,Moorhead Barr Properties shall not perform any repairs or maintenance on the City's storm
water drainage facilities within the Easement Property. Exceptions to the preceding limitation would be to remedy
any issue associated with any interference with the City's Easement rights, or to remove debris before the City is able
to do so. Moorhead Barr Properties shall be responsible for maintaining the surface of the Easement Property,except
things like an inlet,manhole,and piping. For example,Moorhead Barr Properties would mow the surface of the
Easement Property.If inlets,underground piping,or similar structures are installed in the future,Moorhead Barr
Properties will take all reasonable precautions to avoid grass clippings,yard waste,and debris from entering the
storm water management system..
10. INTERFERENCE WITH EASEMENT: Moorhead Barr Properties shall not interfere in any way with the City's use
of the Easement Property,or install,construct,or maintain any structures or improvements,landscaping,or other
obstructions,within the Easement Property. Moorhead Barr Properties 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. Moorhead Barr Properties 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 Moorhead Barr Properties fails to remove these materials or objects interfering with the Easement,the
City may remove them at Moorhead Barr Properties' expense. Moorhead Barr Properties shall take reasonable steps
to prevent third parties from interfering in any way with the City's use of the Easement Property.Moorhead Barr
Properties 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.
11. USE OF EASEMENT BY OTHERS: Moorhead Barr Properties 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 Moorhead Barr Properties' interest in the
Easement Property shall be protected to the same extent as if the City was itself performing the construction and
maintenance.
12. DEFAULT: If either Moorhead Barr Properties 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.
13. 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
Moorhead Barr Properties and the City,their respective heirs,executors,administrators,successors,assigns,and legal
representatives.
14. EXISTING EASEMENTS: Moorhead Barr Properties and the City are not aware of any recorded Easements which
relate to or affect the Easement Property.
15. 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.
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June 29, 2021
•
16. 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.
17. 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 Moorhead Barr Properties or the City that other persons or entities shall acquire
any rights to enforce or benefit from this Agreement.
18. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the City'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 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.
19. 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.
20. 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:
Moorhead Barr Properties,LLC
do Steve Moorhead
1423 Planeview Drive
Oshkosh,WI 54904-9101
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O.Box 1130
Oshkosh,WI 54903-1130
21. AUTHORITY: The UT ORITY� 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. Moorhead Barr Properties affirms that it 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 29, 2021
IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
MOORHEADD/;BARR�PROPERTIES LLC
By: a'i`V
Steve Moorhead,Managing Member
STATE OF WISCONSIN )
)ss.
MARATHON COUNTY ) 11
Personally came before me this «10 day of -SW ,2021,the above named Steve Moorhead,to me known to be
such person who executed the foregoing instrument and accnowledled the same,for the urpose herein contained.
oRta k 11SC.�f11t.Ack1D ri.
Notarryy__Public,State of Wisconsin
My Commission expires: b l 4`2
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`,,��Pr. T�sC,yF"
CITY,QF,OS O�S/H Z�:.'NOTAR ..?o
By, B.4---27 r" _ �' —• .73 =
`` ' •A.,Rahloff,Ci• ' .. :.er =O.. A �;
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;. C.:).)' By * 16.._ _�'i,: r 1_5l�ft �.1.J %�'..FOF• .•O,1�j`.`�
z f . Painela•I Ubrig,City Clerk "i,, mic`���`�
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this a day of �mbeK2021,the above named Mark A.Rohloff and PamclaI..' '`
Ubrig of the City of Oshkosh,to me known to be such persons who executed the foregoing instrument and acknowiedged'the'a. `°„
same,for the purpose herein contained. `f': ce. 4
J ?,\
-
W
otary Public, State of Wisconsin `/ .''41; 0 - . ; c
My Commission expires: 11'I) ) G 4 `� e..... ,
____„.... ,,< ,,,
APP )3VED AS TO F ? ,.t.
,.,,TA‘,.. .,),„
L orenson, ity ttorney -..---
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June 29, 2021
20' DRAINAGE EASEMENT DESCRIPTION
Part of Lot 1, Certified Survey Map 7616,being located the Northwest 1/4 of the Southwest 1/4 of Section 21,
Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, containing 15,392 Square Feet
(0.3534 Acres) of land described as follows:
Commencing at the West 1/4 corner of Section 21; thence, along the West line of the Southwest 1/4 of said Section
21, S00°16'50"W, 1233.28 feet; thence S89°43124"E, 682.62 feet; thence, N00°21'01"E 2.74 feet to the Southwest
corner of CSM 7616 said point being the point of beginning; thence, along the West line of said CSM 7616,
N00°21'01"E, 107.26 feet; thence 589°43'24"E, 20.00 feet; thence S00°21'01"W, 87.22 feet; thence S89°49'16"E,
662.60 feet to the East line of said CSM 7616; thence, along said East S00°25'20"W, 20.00 feet to the Southeast
corner of said CSM 7616; thence, along the South line of said CSM 7616 N89°49'16"W, 682.58 feet to the point of
beginning.
DAVEL ENGINEERING &
ENVIRONMENTAL, INC. •
Civil Engineers and Land Surveyors File:5906Ease2.dwg
v� 1164 Province Terrace, Menasha,wl 54952 Date:05/06/2021
` qt Ph: 920-991-1866 Fax: 920-441-0804
www.davel.pro EXHIBIT A (1 of 1) Drafted By:jim
Sheet:Desc
5/6/2021 4:31 PM J:\Projects\5906bar\dwg\Civil 30\5906Eose2.dwg Printed by: jim
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