HomeMy WebLinkAboutConstruction Easement and Lease LE Wickman LLC II 1Lf3F3
8808575
Tx:4606213
Construction Easement DOC# 6062131880916
NATALIE STROHMEYER
And Lease REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
Document Number Document itle RECORDED ON:
THIS Agreement is made this 1 day of v' ,2022, 04/25/2022 03:21 PM
by and between LE Wickman,LLC,and City of shkosh. Wickman is the Grantor RECORDING FEE: 30.00
and the City the Grantee of a limited Construction Easement and Maintenance = REOVANEffp
Agreement described herein. The City is the Lessor and Wickman the Lessee of a
Lease Agreement described herein. MAY 0 6 2022
PURPOSE: The goal of this agreement is to provide Wickman and the
City with documentation of mutual promises to the other related to their RecordIInJ CLERK'S C)F F 1 r P
respective needs for their adjoining real property and promises Name and Return Address
benefitting the other. City Attorney's Office
P.O.Box 1130
a. Wickman and the City own adjoining parcels. Wickman's parcel Oshkosh,WI 54903-1130 >'�
is known as 815 Witzel Avenue,and the City's parcel is known 90603510400 90603010201
as 805 Witzel. Wickman's parcel is a commercial parcel
Parcel Identification Number (PIN)
currently used for a veterinary business. The City's parcel is
currently used as the primary office and operations building for the City's Parks Department.
b. The City is constructing a new building on its parcel. The shape of the City parcel and the
configuration and setback of the City's new building has resulted in the occasional,limited,short term
need to use a small strip of Wickman's property for temporary access to allow more efficient
construction and future maintenance of the new facility on the City parcel. Wickman agrees to make
this extra space available through a construction and maintenance easement according to the terms of
this Agreement.
c. Wickman's property has benefitted from a Lease with the City dating back to June 19, 1978. The
Lease allowed Wickman to use part of the City's property for parking related to its business on site.
The Lease was for one year,but has operated on an annual rollover basis until today.The City agrees to
continue providing the same Leased space for the same purpose going forward.
2. MUTUAL PROMISES: The parties agree to grant the following rights to the other:
a. Easement: Wickman,its successors and assigns,gives and grants to the City,and the City accepts,a
Construction and Maintenance Easement over,under,and through the Easement Property described in
this Easement Agreement.The Easement may be used for all purposes related to accessing the
adjoining City building and facilities for construction and maintenance purposes.
b. Lease:The City gives and grants to Wickman,a lease over,under,and through the Lease Property
described in this Agreement. The Leased Property may be used for all purposes related to its parking
lot serving the business(es)on the Wickman Property.The Lease Agreement within this document
replaces the Lease Agreement between the parties dated June 19, 1979 in its entirety and the terms of
that previous agreement becoming null and void at the execution of this current Agreement.
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 parties exchange with the other
allowing the use of their property is a significant consideration for this Agreement. However, in light of
Wickman's ongoing,active use of the Lease Property compared to the sporadic,temporary,and limited use
of the Easement,in the event the Lease is eventually terminated for any reason such termination will not
affect the term of Easement.
4. PROPERTY: The parties' larger parcels from which the Easement and Lease are carved out are as follows:
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March 03, 2022 G ���
a. Wickman's 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:
The West One Hundred(100)feet of the East Two Hundred(200)feet of the
South Two Hundred(200)feet of the North Two Hundred Thirty-three(233)
feet of that part of Lot One Hundred Ten(110)according to MAP of S.W. ''/
of Sec.23,in the Sixth Ward,City of Oshkosh,Winnebago County,Wisconsin,
per Leach's Map of 1894,lying west of the West line of Idaho Street.
b. The City's larger property within which the Lease Property is located is in the City of Oshkosh,
Winnebago County,State of Wisconsin and is described as follows:
Lot 2 of Certified Survey Map No.7888,recorded with the Winnebago County Register
of Deeds on the 11th day of March,2022,as Document Number 1877555,being part of
the Southwest'A of Section 23,in the Sixth Ward,in the City of Oshkosh,Winnebago
County,State of Wisconsin.
5. EASEMENT AND LEASE PROPERTY: A description of the Easement Property and the Lease Property
are as follows:
a. The Easement allowing the City access to Wickman's Property for construction and maintenance of its
adjoining property(`Easement Property")is described below. A locational map of the Easement
Property is attached as Exhibit A.
MAINTENANCE AND CONSTRUCTION EASEMENT FOR NEW PARKS FACILITY
BEING PART OF THE WEST 100 FEET OF THE EAST 200 FEET OF THE NORTH
200 FEET OF LOT 110 OF THE MAP OF SOUTHWEST'A OF SECTION 23 PER LEACH'S
MAP OF 1894,LOCATED IN THE NORTHWEST'A OF THE SOUTHWEST'A OF SECTION 23,
TOWNSHIP 18 NORTH,RANGE 16 EAST,CITY OF OSHKOSH,WINNEBAGO COUNTY,
WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE
WEST QUARTER CORNER OF SAID SECTION 23;THENCE S88°55'42"E,899.55 FEET
ALONG THE NORTH LINE OF THE SOUTHWEST'A OF SAID SECTION TO A POINT;
THENCE SOO°34'48"W,33.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE
OF WITZEL AVENUE,ALSO BEING THE NORTHEAST CORNER OF THE WEST 100 FEET
OF THE EAST 200 FEET OF THE NORTH 200 FEET OF SAID LOT 110 AND POINT OF
BEGINNING;THENCE SOO°23'45"W,200.00 FEET TO THE SOUTHEAST CORNER OF THE
WEST 100 FEET OF THE EAST 200 FEET OF THE NORTH 200 FEET OF SAID LOT 110;
THENCE N88°55'42"W, 15.00 FEET ALONG THE SOUTH LINE OF THE NORTH 200 FEET
OF SAID LOT 110;THENCE NOO°23'45"E,200.00 FEET TO A POINT ON SAID SOUTH RIGHT-
OF-WAY LINE;THENCE S88°55'42"E, 15.00 FEET ALONG SAID RIGHT-OF-WAY LINE TO
THE POINT OF BEGINNING. SAID AREA CONTAINS 2,971 SQUARE FEET OR 0.068 ACRES,
MORE OR LESS.
b. The Lease allowing Wickman's use of certain City Property for its parking lot(Lease Property)is
described below. A locational map is attached as Exhibit B.
The West five(5)feet of the East one hundred(100)fee of the South sixty four(64)feet of the
North one hundred twenty two(122)feet of the Map of the Southwest'A of Section 23,Township
18 North,Range 16 East,lying south of Witzel Avenue and West of Idaho Street in the 66 Ward,
City of Oshkosh,Winnebago County,Wisconsin.
6. EASEMENT USE: The City will use the Easement Property for access purposes during periods of construction and
maintenance on its facilities adjoining the Easement Property.The City may also need to use the Easement for other
construction related activities,such as the temporary placement of equipment,although such equipment will not
remain on the easement overnight. The City's use is intended to be sporadic and for limited periods when used.
Except for emergency circumstances,the City will provide Wickman with at least fourteen(14)days advance notice
of its intent to use the Easement Property.
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March 03, 2022
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7. MAINTENANCE: The parties maintenance obligations for their respective Easement and Lease rights are as
follows:
a. Construction and Maintenance Easement:The City shall be responsible,at its expense,for maintenance and
repair of the grass surface of the Easement Property for damage or disturbances caused by the City's use.
Restoration includes grading and seeding,repairs of erosion,and regrading when necessary.Replacement grass
may be seeded and mulched and sod is not required. There are trees in the south part of the Easement that have
value to Wickman and that the City therefore shall use extra care when working around. The City shall also use
extra care working around any other landscaping that Wickman may install from time to time.Except for the
foregoing,Wickman shall be responsible for maintaining the surface of the Easement Property.
b. Lease:Wickman shall be responsible,at its expense,for maintenance and repair of the surface of the Lease
Property during the term of the Lease. Maintenance and repairs shall include,but not limited to,repair and
repaving of asphalt when necessary,sweeping or removal of snow and/or ice,maintenance and repair of
sidewalks,and any other repairs or maintenance required,from time to time. Wickman also agrees to keep the
Leased Property in a clean condition,according to local ordinance and at the direction of the proper public
officers during the term herein. Upon termination or expiration of the Lease,the Leased Property shall be
returned to the City in a condition satisfactory to the City.
8. INTERFERENCE WITH EASEMENT AND LEASE:Each party shall respect the Easement or Lease rights of the
other party.
a. Easement:The parties agree to have good faith discussions to ensure that the City is able to make use of the
Easement while Wickman is able to reasonable use and make improvements on the Property.
b. Lease:The City shall not interfere with Wickman's ability to locate and use parking spaces and/or drive aisles
within the Lease Property. The City shall allow Wickman to peaceably and quietly have,hold and enjoy the
Lease Property during the term of the Lease. However,Wickman shall not allow the Lease Property to be
subject to a lien or other encumbrance resulting from Wickman's activities on the Lease Property.
9. USE OF EASEMENT BY OTHERS: Wickman and the City agree that the other may temporarily assign its right to
access and use the Easement Property and/or the Lease Property to any contractor,third party,or other assignee that
will be performing work within the Easement Property. The parties shall take reasonable steps to ensure that their
contractor,third party,or assignee has sufficient competence and gives adequate assurances that any work to be
performed in or around the Easement Property and/or Lease Property shall be conducted in a skillful manner,and that
the other party's interests shall be protected to the same extent as if the holder of the Easement or Lease rights were
performing the construction and maintenance.
10. DEFAULT: If either Wickman or the City reasonably believe that the terms of the Easement or Lease 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 ability to address maintenance issues with
its building.
11. TERM: The terms of the Easement and Lease are as follows:
a. This Easement is being granted to the City in perpetuity for public purposes and uses described herein,both
current and future. 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 Wickman and the City,their respective heirs,
executors,administrators,successors,assigns,and legal representatives.
b. This Lease is granted to Wickman for an initial period of five(5)years,followed by subsequent one(1)year
renewal terms which shall automatically take effect unless either party,for any reason,provides a notice of
termination. The notice of termination shall be given no later than six(6)months before the end of the initial
term or any particular renewal term.Wickman shall have the ability to assign its rights in this Lease to another
party with the consent of the City,and the City's consent shall not be unreasonably withheld.
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March 03, 2022
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12. EXISTING EASEMENTS: Wickman and the City are not aware of any recorded Easements which relate to or affect
the Easement Property or the Lease Property.
13. WAIVER: No delay or omission by any party to this 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.
14. 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.
15. 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 Wickman or the City that other persons or entities shall acquire any rights to
enforce or benefit from this Agreement.
16. 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 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.
17. 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.
18. NOTICES: Any notices required by this 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:
LE Wickman,LLC
c/o Lowell Wickman
815 Witzel Ave
Oshkosh,WI 54902
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Parks
P.O.Box 1130
Oshkosh,WI 54903-1130
19. 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 granting the Lease rights and the terms of
this Lease Agreement,and that the undersigned have the authority to sign this Agreement on behalf of the City.
Wickman affirms that it has the authority without limitation to grant this Easement and to enter into this Easement
Agreement and to accept this Lease and enter into this Lease Agreement.
SIGNATURE PAGES FOLLOW
This instrument drafted by:
Attorney David J.Praska
Deputy City Attorney
Oshkosh,WI 54903-1130
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March 03, 2022
MOW
IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
LE WIC LC
B . p'�wc."��
67,alc„,—..
owell Wickman,Managing Member
STATE OF WISCONSIN )
(3.17-NAJEAA-60 )ss.
COUNTY ) ,(�
Personally came before me this Yi day of F1 pri 1 ,2022,the above named Lowell Wickman,to me known to be
such person who executed the foregoing instrument and ackno led e e same,for the purpose herein contained.
N tary Pu ic, e of
My Commission expires: isc0(p 11..5 !�1 ••�y�,�A. Lts, .
•
CITY OF OSHKOSH ��•,sT,gr •..F • ,5c;•'
By:
ark A.Rohlof,City Manager
By:
Jee Balcom,City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this 420 day of #440J l ,2022,the above named Mark A.Rohloff and Jessi Balcom of
the City of Oshkosh,to me known to be such persons who executed the foregoing instrument and acknowledged the same,for the
purpose herein contained.
Notary Public,State of Wiscons' (j • i o` J to
My Commission expires: ) 1 J 1 c�D "i' Q,
AP OVEDASTOF RM:
• {
Lorenson, Attorney
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March 03, 2022
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Oshkosh
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responsible for verifying accuracy.For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date:2/1/2022 Prepared by.City of Oshkosh,WI
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