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HomeMy WebLinkAboutAccess Easement Agreement - Mark Baier and Debra Baier DECEIVED Ucie OCT 272021 8755413 Access Easement Agreement Title Tx:45 64985 Document Number 65 DOC# 1865118 r CLERK'S OFFICE NATALIE STROHMEYER Document REGISTER OF DEEDS THIS Agreement is made this 2S41day of u�9u6t ,2021, WINNEBAGO COUNTY,WI by and between City of Oshkosh,City or Grantor,and Mark A Baier and Debra A RECORDED ON: Baier,collectively Baier or Grantee, 10/07/2021 10:11 AM RECORDING FEE: 30.00 1. PURPOSE: The Baier owns a deep residential lot that has been PAGES: 6 developed along Knapp Street in such a way that access from the Street to the rear yard is now limited. Baier has an accessory garage in the rear year that may need occasional access from a automobile or light duty truck. The City owns property that is currently vacant that Recording Area boarders 17th Avenue on the north,and Baier's property on the south. Name and Return Address The City will allow Baier access over its currently vacant property to City Attorneys Office P.O.Box 1130 allow limited and occasional access by automobiles and light duty Oshkosh,WI 54903-1130 pickups. 91410080102, 91410020000, 2. EASEMENT: The City, its successors and assigns,gives and grants 91410020800 to the Baier,and the Baier accepts,a limited,non-exclusive Access Parcel Identification Number (PIN) Easement over,under, and through the Property described in this Easement Agreement.Baier may use the Easement to occasionally access an accessory garage in the rear part of the yard. 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. Baler receives the benefit of access to an accessory garage in the rear yard. The City receives the benefit of receiving other Baier property in return for granting this Access Easement and other consideration. 4. BAIER PROPERTY: Baier is the fee owner of a parcel(Baler Property)benefitting from the Access Easement: Lot 1 of Certified Survey Map 7522,recorded with the Winnebago County Register of Deeds on September 12,2019,as Document Number 1798568,all of which is located in the SW'/4 of Section 26,Township 18 North,Range 16 East,Thirteenth Ward,City of Oshkosh, Winnebago County, State of Wisconsin. 5. CITY PROPERTY: The City is the fee owner of two parcels(collectively City Property)which the Easement Property would cross over and through: The north 150 feet of Tract 1 of Certified Survey Map Number 154,recorded with the Winnebago County Register of Deeds on December 02, 1976,as Document Number 487660,all of which is located in the SW'A of Section 26,Township 18 North,Range 16 East,Thirteenth Ward, City of Oshkosh, Winnebago County, State of Wisconsin and Lot 1 of Certified Survey Map 1186,recorded with the Winnebago County Register of Deeds on November 14, 1983,as Document Number 601194,all of which is located in the SW''A of Section 26,Township 18 North,Range 16 East,Thirteenth Ward,City of Oshkosh, Winnebago County,State of Wisconsin 6. EASEMENT PROPERTY: The Access Easement benefitting the Baier Property shall be over,under,and through the Easement Property,located on City Property,and described as follows: Legal description attached as Exhibit A 7. MAP:A locational map of the Easement Property is attached as Exhibit B. 1 •ugust 10, 2021 n • 8. USE FOR ACCESS: Baier shall be allowed to use the Easement Property for access to the accessory garage in the rear of the Baier Property. Specific limitations on the use of the Easement Property are as follows: a. The Access Easement benefits only the Baier Property having an address of 1732 Knapp Street in its present form and use. In the event the Baier Property is further divided or boundaries changed by Plat, Certified Survey Map,deed or other method,formal or informal,or is no longer a single family residence,then the Access Easement shall terminate immediately and without further notice. b. The Access Easement shall never provide primary or secondary access to the Baier Property. Instead,the access allowed shall be seasonal,occasional,and sporadic. Except where explicitly allowed in this document,this Easement shall be for the sole purpose of providing access to the accessory garage and/or its contents. c. The Access Easement is non-exclusive. No priority of right exists for use of the Easement Property. d. The only surface allowed to be installed on or within the Easement Property are grass pavers/geogrids.No other surface is allowed.For example,but without limitation,no rock,asphalt,concrete,wood,metal,or any other hard surfaces are allowed. No subsurface installations are allowed. e. Because the grass pavers/geogrid incorporates significance amount of grass, no snow plowing or removal is allowed. Similarly,no salt,sand,or other snow or ice removal application is allowed within the Easement Property. f. The only exception to Access Easement's use as described above is to allow access to the rear yard of the Baier Property for landscape or yard construction and/or maintenance. However, despite this allowance,Baier is hereby notified that grass pavers/geogrids are not designed to support heavy loads and weights and therefore allowing construction trucks and/or equipment to cross the Easement Property is likely to damage the grass pavers/geogrid and the surface of the Easement Property resulting in Baier's responsibility to repair/replace all damage caused by the trucks and/or equipment.. 9. MAINTENANCE: The City has initially installed grass pavers/geogrids within the Easement Property as the allowed surface for access. The City will thereafter mow the surface of the Easement Property in conjunction with maintaining its surrounding property. However,Baier is responsible for maintenance,repair,and replacement of all damage within the Easement Property to the extent caused by Baier's use of the Easement Property. Baier is also responsible for repair and/or replacement of the grass pavers/geogrid regardless of the underlying reason for replacement,with the most common reasons anticipated being design or manufacturing reasons,or because the useful lifetime has or will expire. Maintenance,repair,or replacement includes cracked,broken,damaged or shifting grass pavers/geogrids,and any turf damage,ruts,holes,tracks,and similar issues. Baier is expected to periodically inspect the Easement Property for damage or maintenance issues that need to be addressed. In the event the City discovers damage within the Easement Property during maintenance of the surface or its surrounding property,or through any other activities,the City will make reasonable efforts to notify Baier of the defect and that maintenance by Baier will be expected within a reasonable time. 10. INTERFERENCE'WITH EASEMENT: This is a non-exclusive Easement. However, it is expected that all users of the Easement Property will cooperate in good faith regarding sharing the use of the Easement Property, and the City will take reasonable steps to avoid materially interfering with Baier's use of the Easement Property. The City will not install,construct,or maintain any structures or improvements,landscaping,or other obstructions,within the Easement Property. 11. USE OF EASEMENT BY OTHERS: The City understands that Baier may temporarily allow others to use the Easement Property on Baier's behalf for purposes allowed by this Agreement. Examples include third parties performing maintenance within the Easement Property,or accessing the accessory garage,or accessing Baler's yard for landscaping or similar projects. Baier 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 the City's interest in the Easement Property shall be protected to the same extent as if the City was itself performing the construction and maintenance. Despite potentially negative consequences to the Easement Property being caused by these third-parties,Baler will always be directly responsible to the City for the third-party actions. 2 August 10, 2021 12. DEFAULT: If either Baier 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 its property. 13. TERM: Except as otherwise limited herein,this Easement is being granted in perpetuity. 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 Baier and the City,their respective heirs,executors,administrators,successors, assigns,and legal representatives. In the event the Baier Property is further divided or boundaries changed by Plat,Certified Survey Map,deed or other method,formal or informal, or is no longer a single family residence,then the Access Easement shall terminate immediately and without further notice. In the event of a material breach of the terms of this Agreement by Baier,the City may seek as one of its remedies the termination of this Easement. 14. EXISTING EASEMENTS: Neither Baier nor 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. 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 their heirs,executors,administrators,successors,assigns,and legal representatives and it is not the intention of either Baier 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: Mark A Baier Debra A Baier 1732 Knapp St. Oshkosh,WI 54902 FOR THE GRANTEE: City of Oshkosh c/o Director of Public Works P.O.Box 1130 Oshkosh,WI 54903-1130 3 August 10, 2021 • • , 21. 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. Baier affirms that they have the authority without limitation to grant this Easement and to enter into this Easement Agreement. IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above written. GRANTEE: GRANTEE: Mark A Baier Debr A Baier \. .- - - ,;N. / �: - _ STATE OF WISCONSIN ) - - )ss. N / . MARATHON COUNTY ) Personally came before me this 3,44 day of 4'i;'2021,the above named Mark A Baier and Debra A Baler,to me known to be such person who executed the fore oing instrument and acknowledged the same, for the purpose herein contained. _ Q E-...-wi / ,u4av� - Notary ublic,State of Wisconsin/ My Commission expires: (Q / 013 GRANTOR: CITY OF OSHKOSH By: -- A.Rohloff, Ci l 1 By: -PamelaR.Ubrig,City Cler STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) 11 Personally came before me this I"1 day of( V��2021,the above named Mark A. Rohloff and Pamela R. Ubrig of the City of Oshkosh,to me known to be su h p sons who executed the foregoing instrument and acknowledged the same,for the purpose herein contained. — _ - Notary Public,State of consin My Commission expires: )1115)2_O2 9- APP OVED AS FORM: -- -- le by . Lorens , ity Attorney This instrument drafted by: Attorney David J. Praska Deputy City Attorney Oshkosh,WI 54903-1130 4 August 10, 2021 • 12'ACCESS EASEMENT A 12 foot strip of land being part of parcel numbers 91410020000 and 91410020800 in the Northwest Quarter(NW%)of the Southwest Quarter(SW%),Section 26,T18N-R16E,13th Ward,City of Oshkosh, Winnebago County,Wisconsin and described as: Commencing at the Southwest 1/4 of Section 26;thence N00°25'20"E,along the West line of Section 26,a distance of 1971.52 feet to a point; thence S89°21'21"E,a distance of 352.44 feet along the South right-of- way line of W.17th Avenue to the Point of Beginning;thence along the South right-of-way line of W.17th Avenue S89°21'21"E a distance 12.00 feet;thence S00°19'17"W a distance of 306.57 feet to the South property line of Lot 1 of Certified Survey Map 1186;thence along the South property line of Lot 1 of Certified Survey Map 1186 N89°26'09"W a distance 12.00 feet to point;thence N00°19'17"E,a distance of 306.59 feet the South right-of-way line of W.17th Avenue and the Point of-Beginning. The 12'Access Easement contains 3678.89 square feet or 0.084 acres more or less. EXHIBIT A (1 of 1) WEST CORNER -EI)-Mw-1 SECTION 26, T18N, R16E W. 17th, AVENUE (so') 589'21'21"E GW-21A C 389'21'21"E 352.44� Gw.24 12.00' I — — — s FD. 1'PIPE / RUNE P.O.B. f// cSIS I // `� //1 P� I � F yo I LOT 2 / a \GSA 00' O w CSM NO, 1278 // 9�k 91410010000 /r o / i,- N to In GW.50 r 6 0 60 4 o GW-5* N 1 " = 60' NI �� w "� /' o NIn GW-1B N cw4-* / 12' WIDE ACCESS / o I / EASEMENT LoT 1 Z m CSM NO. 2369 I / 914002700 C c� D // I- raj / z LEACH'SLMAP OT 1OF 1894 ! / LOT 1 s / CSM NO. 1186 w 91410060000 r SOUTHWEST CORNER 91410020500 L SECTION 26, T18N, R16E 0 r Z �I 4N LI C /// U / FD. 1' PIPE J; FD. 1' PIPE0 • 0 a 0 GW'3GW3a " A PG N89'26'09"W �o 91410080101 GQrr � 12.00' m 12'ACCESS EASEMENT NW go A 12 foot strip of land being part of parcel numbers 91410020000 and 91410020800 in the Northwest Quarter(NW'/4)of the no D Southwest Quarter(SW IA),Section 26,T18N-R16E,13th Ward,City of Oshkosh,Winnebago County,Wisconsin and described N� _1a as: FN Commencing at the Southwest 1/4 of Section 26;thence N00°25'20"E,along the West line of Section 26,a distance of �Z 1971.52 feet to a point; thence S89°21'21"E,a distance of 352.44 feet along the South right-of-way line of W.17th Avenue mY to the Point of Beginning;thence along the South right-of-way line of W.17th Avenue S89°21'21"E a distance 12,00 feet; m thence SO0°19'17"W a distance of 306.57 feet to the South property line of Lot 1 of Certified Survey Map 1186;thence along CYo the South property line of Lot 1 of Certified Survey Map 1186 N89°26'09"W a distance 12.00 feet to point;thence iN N00°19'17"E,a distance of 306.59 feet the South right-of-way line of W. 17th Avenue and the Point of Beginning. wW The 12'Access Easement contains 3678.89 square feet or 0.084 acres more or less. -, wp oed :' PREPARED BY: � 12' Access Easement Drawn: RAD 06/13/2019 JIL AC0M PART Parcels)#91410020000 and#91410020800 Checked: SJB 06/13/2019 OF THE N. 150' OF TRACT 1 OF CSM 154 AND Approved: RAD 06/13/2019 PART OF THE LOT 1 OF CSM 1186, 558 North Main Street ALL IN THE NW 1/4 OF THE SW 1/4, SECTION 26 IMBEECRT 60545736 Oshkosh,WI 54901 TOWNSHIP 18 NORTH, RANGE 16 EAST, 13TH WARD, 920.235.0270 www.aecom.com CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN FIGURE Copyvohi© 2019, By:AECOM NUMBS 1 of 1 EXFWBTT 16 (1 of )