HomeMy WebLinkAboutEasement 12-1997-0000 2750 Vinland Street RECE'VED 8798943
Tx:4598795
Easement MAR 2 9 22
DOC# 1878194
NATALIE STROHMEYER
Document Number Document Tide REGISTER OF DEEDS
l,l I Y LLCi�►� G{yNE
'S OFF BAGO COUNTY, WI
RECORDED ON:
I as 03/21/2022 11:31 AM
THIS Agreement is made this I"I day of kl6 vCk ,202A; RECORDING FEE: 30.00
by and between 2750 Vinland LLC,Grantor,and City of Oshkosh,Grantee, PAGES: 7
1. PURPOSE: The City and 2750 Vinland both seek to improve the
City's public sanitary sewer system while allowing 2750 Vinland the Recording Area
opportunity to more fully utilize its property for development. Name and Return Address C-11 R 6
City Attorney's Office 2CIS
a. The City currently operates public sanitary sewer facilities over P.O.Box 1130
and across 2750 Vinland's property through one(1)easements. Oshkosh,WI 54903-1130
The easement is dated June 12, 1981,and was recorded with the
Winnebago County Register of Deeds on June 24, 1981,as 91219970000
Document Number 565215. The City's sanitary sewer facilities Parcel Identification Number (PIN)
serve adjoining property through a second easement dated June 6, 1981,and recorded with the
Winnebago County Register of Deeds on June 24, 1981,as Document Number 565216.
b. Due to the continued expansion,development,and redevelopment of 2750 Vinland's commercial and
industrial property,the current location of the City's sanitary sewer facilities has created challenges for
City's continued maintenance and operation of these facilities,along with challenges related to further
expansion,development,and redevelopment of the commercial and industrial property. Specifically,
development and improvements are near and encroaching upon the existing easements despite the need
to keep the existing surfaces of the easements open,unobstructed,and available to the City for sanitary
sewer operation and maintenance purposes. Development and encroachment issues on and near the
City's existing easements,along with the age of the City's sanitary sewer system within the easements,
has caused the parties to identify an alternative location replace and reroute the City's sanitary sewer
system in the future. This Easement Agreement is intended to identify the future location of the City's
sanitary sewer facilities which would replace most of the current sanitary facilities over and across
2750 Vinland's property. The replacement and rerouting of the sanitary system shall be at the
discretion of the City. When the sanitary sewer is rerouted and the City no longer has a need for public
sewer,the City would then release those parts of the existing easements that are no longer necessary
due to the changes.
c. This Easement may be moved or relocated under certain mutually agreeable circumstances.The further
development of 2750 Vinland's property,the potential purchase of adjoining property,as well as the
potential extension of Packer Avenue by the City connecting Vinland Road,may allow future changes
to the location of the Easement described in this Agreement.Changing or moving the Easement shall be
at the City's discretion. If the City has not started using this Easement when 2750 Vinland requests the
Easement be relocated,the City will not unreasonably refuse the request,but is allowed to evaluate
costs and functionality proposed new Easement location. If the cost and functionality of a proposed
new location for the new easement location is not advantageous to the City,at the City's discretion,it
will not be unreasonable for the City to decline the request to move the easement.If the City has started
using this Easement,then the City is not required to relocate its facilities. However,2750 Vinland
reserves the right to pay for all costs associated with moving the City's facilities provided the City is
satisfied with such move.If 2750 Vinland offers to pay all costs related to moving facilities,then the
City shall not unreasonably refuse such offer,but is allowed to consider current and future costs and
functionality and any other relevant issues related to such a move and the results of such considerations
are either neutral or advantageous to the City..Any agreement to move City facilities shall be reduced
to writing and signed by both parties. In the event the City,at its sole discretion,decides to acquire
right-of-way and extend Packer Avenue westward to Vinland Street,then the City may reroute its
sanitary sewer facilities through the new right-of-way and release those parts of the easement(s)on
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December 28, 2020
2750 Vinland's property that would no longer be actively used. Similarly,in the event 2750 Vinland's,
or an affiliated entity,purchase of adjoining property and/or future development or redevelopment of
its Property prior to the City's construction of new sanitary sewer facilities would materially limit the
City's use of the Easement,then 2750 Vinland may request that the City use an alternative easement
property and further request that the City's new,rerouted sanitary sewer facilities be constructed in the
alternative easement. The City shall review such request in good faith,but has no obligation to accept
the alternative easement location. The City's review of locating its facilities in the alternative easement
will include,without limitation,the cost of planning,construction,and operation,and the system
functionality.The new,alternative,easement shall be granted to the City at no cost to the City.
2. EASEMENT: 2750 Vinland,its successors and assigns,gives and grants to the City,and the City accepts,
an Easement over,under,and through the Property described in this Easement Agreement effective on the
date of this Agreement.The Easement may be used for all purposes related to.the City's sanitary sewer
system.Although this Easement is intended to accommodate a future rerouting of the City's sanitary sewer,
the easement shall take effect and the City shall have easement rights immediately upon execution of this
Agreement. 2750 shall not construct or install anything over,under,or above the Easement Property that
would interfere with the Easement rights as prohibited in this Agreement.
3. CONSIDERATION:The parties' consideration for this Agreement is 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 and 2750 Vinland receive the benefits of improving the public sanitary sewer system without
obstructions,and 2750 Vinland's ability to further develop and operate commercial activities on its property.
4. EASEMENT PROPERTY: The Easement allowing the City to install and operate public sanitary sewer
facilities shall be over,under,and through a part of 2750 Vinland's Property in the City of Oshkosh,
Winnebago County,Wisconsin,(`Easement Property"),is described below.
A sanitary sewer easement being part of the Northwest Quarter of the Northeast
Quarter of Section 11,Township 18 North,Range 16 East,in the 12th Ward,City
of Oshkosh,Winnebago County,Wisconsin,bounded and described as follows:
Beginning at the north quarter corner of Section 11,T18N,R16E;thence N89°14'09"E,
1968.22 feet along the north line of the NE 1/4 of said Section 11,to the east line of the
W 1/2 of the NE 1/4 of the NE 1/4 of said Section 11;thence S01°04'21"E,331.62 feet
along said east line of the W 1/2;thence S89°10'03"W,330.00 feet;thence S01°04'36"E,
491.57 feet;thence S32°52'25"W,499.78 feet along the northwesterly line and its
extension of Lot 1 of CSM#5275,recorded as Document No. 1257602;thence
S00°56'13"E,82.68 feet along the west line of said Lot 1 and its extension to the south
line of the NE 1/4 of the NE 1/4 of said Section 11;thence S89°10'03"W,50.00 feet
along said south line to the southwest corner of the NE 1/4 of the NE 1/4 of said Section 11;
thence NOO°56'07"W,330.59 feet along the west line of the NE 1/4 of the NE 1/4 of said
Section 11 to the south line of the N 1/2 of the S 1/2 of the NW 1/4 of the NE 1/4 of said
Section 11 and the point of beginning;thence S89°11'03"W, 1284.01 feet along said south
line to the east line of Vinland Street and a point 33.00 feet east of the west line of the
NE 1/4 of said Section 11;thence N00°39'16"W,30.00 feet along said east line of Vinland
Street;thence N89°11'03"E, 1283.86 feet along a line parallel to the south line of the N 1/2
of the S 1/2 of the NW 1/4 of the NE 1/4 of said Section 11 to the west line of the NE 1/4
of the NE 1/4 of said Section 11;thence SOO°56'07"E,30.00 feet along said west line to
the point of beginning.
Said easement contains 38,518.09 square feet or 0.8842 acres.
5. LOCATION: A locational map of the Easement Property is 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 sanitary sewer system.
7. USE FOR SANITARY SEWER SYSTEM: The City will use the Easement Property for a municipal sanitary sewer
pipe and appurtenances including surface-level manhole lids. The City shall have the right to fully use the Easement
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Property for purposes related to its sanitary sewer system. The City shall have the right to access the Easement
Property to survey,lay,construct,use,operate,maintain,repair,replace,relocate,and/or remove sanitary sewer
sanitary sewer facilities.
8. MAINTENANCE: The City shall be responsible for maintenance,repair,and replacement of all sanitary sewer
facilities on and within the Easement Property. The City shall be responsible for grading and reseeding grass on the
Easement Property when the surface is disturbed because of the City's actions. Restoration includes grading and
seeding,repairs of erosion,and regrading when necessary. The City's maintenance of its sanitary sewer facilities
shall be at the City's sole discretion. The City's goal is to take reasonable actions to ensure that the public sanitary
sewer facilities within the Easement Property reasonably function according to their design. 2750 Vinland is be
responsible for regular maintenance the surface of the Easement Property,including maintaining and mowing grass.
9. INTERFERENCE WITH EASEMENT: 2750 Vinland,its successors in interest,heirs,agents,or assigns,shall not
interfere with the City's use of the Easement Property,or install or construct any structures or improvements
including impervious surfaces such as driveways,drive aisles,or parking,or landscaping excluding grass,within the
Easement Property. 2750 Vinland 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,equipment or vehicle parking or storage,material storage,change in elevations,vegetation except grass,
landscaping or fences. 2750 Vinland 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 sanitary sewer system as it is designed. If
2750 Vinland fails to remove these materials or objects interfering with the Easement,the City may remove them at
2750 Vinland's expense. The City's sanitary sewer facilities to be installed within the Easement Property are
significant and important to the City's overall sanitary sewer system. Therefore,2750 Vinland shall notify and
consult with the City before entering into any subsequent easements with other parties that include the Easement
Property. The City shall review such future plans in good faith,but reserves the right to object and prevent other
easements on the Easement Property if the proposed easement will in the City's sole opinion adversely affect the
operation and/or maintenance of the City's sanitary sewer facilities as designed. The parties agree that a material
increase of the cost of operation or maintenance of the City's facilities will be an allowed reason to object to prevent
subsequent easements on the Easement Property.
10. USE OF EASEMENT BY OTHERS: 2750 Vinland 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 2750 Vinland's 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 2750 Vinland 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 and operation 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 and burden
of the 2750 Vinland and the City,their respective heirs,executors,administrators,successors,assigns,and legal
representatives.
13. EXISTING EASEMENTS: 2750 Vinland and the City are not aware of any recorded Easements over,under,or
through the Easement Property,except to the extent an easement identified in paragraph 1,above,affects this
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.
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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 2750 Vinland 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 explicitly
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.
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:
2750 Vinland,LLC
601 Oregon Street,Suite A
Oshkosh,WI 54902-5965
FOR THE GRANTEE:
City of Oshkosh
do 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. 2750 Vinland affirms that it has the authority without limitation to
grant this Easement and to enter into this Easement Agreement and that the undersigned have the authority to sign this
Agreement on behalf of the Grantor.
SIGNATURE PAGES FOLLOW
This instrument drafted by:
Attorney David J.Praska
Deputy City Attorney
Oshkosh,WI 54903-1130
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December 28, 2020
IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
2750 VINLAND,
Arthur Dumke,Managing Member =c,C
NoraR .G.
STATE OF WISCONSIN ) B�IC
WINNEBAGO COUNTY )ss.
F .0�.,��
S� � z •., tMIS� .
Personally came before me this Z( day of rZ s1A--, ,202M the above named Arthur Dumke,to me known to be
such person who executed the foregoing instrument and a ledge sa herein contained.
No ublic,State of Wisconsin
ommission expires:
Y I
CITY OF OSHKOS
By:
Mark A.Roh1off City Manager
By: �yJ �1. �D Y�.
P 'la1.•Ubrig,City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
a C c , •L--eilcom
Personally came before me this )Li day of MOX'LJ) ,2020,the above named Mark A; tahloffyand
ant Pitt
ig of the City of Oshkosh,to me known to be such persons who executed the foregoing instrui►e bond acknowledged the
same,for the purpose herein contained. (71
AAA&t,' e303/41
Notary Public,State of Wisconsin = � • ': O :.
My Commission expires: j I] i T Ja D: - :&
AP OVED AST FORM:
ynn .Lorens , Attorney
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December 28, 2020
•
CONSENT OF MORTGAGEE
The undersigned,being the holder of a mortgage against the property which includes the identified and described"Easement
Property"in this Easement Agreement,consent to the grant of the Easement set forth above for the sole purpose of subordinating
its interest in the Easement Property to the conveyance of this Easement. •
l3CaZ� �lrS-t/YA-
/I/(-�Grlt7 0. tos 1)e r
(tint name of mortgagee)
By: `--41/(tQ44,677/
CC 0
(signature) (title)
/1Jhn V. /c6 spy Chief Cry f
rint name) (print title)
oi-6(gT.
1
STATE OF N )
ss.
W I n ncb i C COUNTY )
J
Personally came before me this qfh day of Marc-h ,g@-20,the above named r e nr, 0 ' KG SpE'r
(signator)of rink Firsf-I (\) } (mortgagee),to me known to be such persons who executed
the foregoing instrument and acknowledged the same,for the purpose herein contained. `,,,`,,,,,,,,,,,,,,,,,,,,
L. _clL_.�i .`' �`l L. Hp, ••,,
Notary Public;State of it; • ,
My Commission expires: O-30_-c2Oa S °T Ai C
I, AVBLIG
WISG.,� °,,,,
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December 28, 2020
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CITY OF OSHKOSH
ENOINIMINO DIVISION Sanitary Sewer Easement
FILE NAME, DRAWN:
"JE NAME:
o-°m° 2750 Vinland Street
BuumTLdiry
GRAPHIC Q 1°1°3,00
SCALE;(IN FEET) . 1 moll-au Pula
EXHIBIT A (1 of 1)
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