Loading...
HomeMy WebLinkAboutDeclaration of Storm Sewer Easement 06-0320-0101 8803083 Tx:4601973 DECLARATION OF DOC# 1879332 STORM SEWER EASEMENT NATALIE STROHMEYER REGISTER OF DEEDS WINNEBAGO COUNTY, WI Document Number Document Title RECORDED ON: 04/05/2022 09:19 AM RECORDING FEE: 30.00 PAGES: 12 RECEIVED MAY 0 4 2022 Recording Area Name EiTYudtticaej5llii „a P0 Box 1130 Oshkosh WI 54903-1130 906-0320-01-01 Parcel Identification Number (PIN) DECLARATION OF STORM SEWER EASEMENT This instrument drafted by: David J. Praska Deputy City Attorney Oshkosh,WI 54903-1130 March 03, 2022 1 DECLARATION OF STORM SEWER EASEMENT RECITALS 1. EFFECTIVE DATE. This Declaration is made this f day of March,2022, by the City of Oshkosh, a Wisconsin Municipal Corporation(the City or Declarant), but is intended to describe and clarify easements previously created in Certified Survey Map 7884, recorded on March 03, 2022, as Document Number 1876889. 2. PROPERTY. The Declarant is the owner of real property(Property)legally described below and identified within CSM 7884,which is attached hereto as Exhibit A and incorporated into this Declaration. Lot 3 of Certified Survey Map Number 7884, located in the City of Oshkosh,Winnebago County, Wisconsin, and recorded with the Winnebago County Register of Deeds on March 03, 2022, as Document Number 1876889. 3. PROPERTY OWNER. Property Owner shall mean the owner or owners of the Property,which currently is the Declarant, but may be owned by others in the future. 4. CONVEYANCE. The Declarant intends to convey or cause to be conveyed all or part of the Property to the Board of Regents of the University of Wisconsin. The Property along with subsequent Property Owners will be subject to the covenants, conditions,restrictions, and reservations benefitting the City of Oshkosh and its public storm water drainage system as described in this Declaration. 5. DECLARATION. Storm Sewer Easements have been previously created and identified within the aforementioned Lot 3 of CSM Number 7884. The purpose of this Declaration is to clarify the intent,use, and terms of the Storm Sewer Easements identified within Lot 3 of CSM Number 1876889. Upon the execution and recording of this Declaration,these specific terms shall govern the Property's Storm Sewer Easements. 6. COMMON PURPOSE. The purpose of the Storm Sewer Easements is to enhance and facilitate the drainage of storm water originating from both the Property as well as surrounding properties owned by others. The Storm Sewer Easements located on the Property are part of a general public storm water drainage plan and shall be binding upon all parties having or acquiring any right,title or interest in the Property. These Easements shall inure to the benefit of the City of Oshkosh to be used for public storm water drainage facilities operated by the City of Oshkosh. EASEMENT 7. EASEMENT. The Declarant City of Oshkosh herein declares, establishes, and reserves for benefit of the City and the City's public storm water drainage system, Storm Sewer Easements over under and through the Property described herein for public storm water drainage purposes. Allowed uses include surveying, inspection, March 03, 2022 2 construction, operation,repair,replacement, and maintenance of public storm water facilities. 8. EASEMENT PROPERTY. The public Storm Sewer Easements were identified and created over,under, and through parts of Lot 3 of CSM 7884 (Easement Property). The Easement Property referred to singularly in this Declaration shall include two(2) Easement areas, specifically Easements of uniform width along both the East and South property lines. The Easement Property is described as follows: See Exhibit B, attached and fully incorporated into this Easement 9. ACCESS RIGHTS. The City shall have the right to access and use the Easement Property for all purposes described or referenced in this Declaration. 10. USE FOR PUBLIC STORM SEWER PURPOSES. The City's Storm Sewer Easements shall allow the City to use the Easement Property for all lawful purposes related to its public storm water drainage system. 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. 11. MAINTENANCE. Easement Property maintenance obligations are as follows: a. The City shall be responsible for maintenance,repair, and replacement of its public storm water drainage facilities within the Easement Property. These drainage facilities may change from time to time,depending on the City's needs for the public storm water system. For purposes of providing an example, one area of the Easement Property along the East lot line currently contains an underground storm water pipe along with an inlet, and the other area of the Easement Property along the South lot line currently contains a drainage swale. The City shall maintain the underground pipe,inlet, and appurtenances. The City shall be responsible for natural changes to the drainage swale grade. b. The Property Owner shall be responsible for the general and routine maintenance of the surface of the Easement Property. For purposes of providing an example, the drainage swale is currently covered with grass,while the surface above the underground pipe is currently a hard surface as part of a storage yard. The Property owner shall maintain the grass in the swale as well as the surface above the underground pipe. c. The City and the Property Owner are responsible for the maintenance and repair of the Easement Property and storm water drainage facilities therein to the extent the disruption or damage is caused by that party. If the damage or disruption is limited to the surface, then the party causing the damage or disruption shall be responsible for repairing in a manner substantially similar to the condition prior to the damage or disruption. If the damage or disruption is related to the storm water drainage facilities,then the City shall repair these drainage facilities at the expense of the party causing the damage or disruption. It is acceptable to repair or replace grass through seeding and mulching. March 03, 2022 3 12. INTERFERENCE WITH EASEMENT. Property Owner shall not interfere with, obstruct, or impede the City's full and lawful use of the Easement Property. a. Prohibited obstructions include buildings,material storage, fences,poles, or similar objects. Obstructions that are not otherwise allowed,may be allowed with the written permission of the Board of Public Works which may include a required encroachment agreement acceptable to the City. Notwithstanding the foregoing, an existing fence crosses the Easement Property in two locations with permission of the City. In the event the fence will be replaced or its footprint modified, such changes cannot occur without the consent of the Board of Public Works. b. A hard surface asphalt pad currently exists within the Easement Property over the underground storm Sewer pipe as an obstruction permitted by the City. In the event this hard surface is to be replaced, or materially improved or changed, such changes cannot occur without the consent of the City's Board of Public Works. The Board of Public Works shall not unreasonably deny such changes, although the Board of Public Works may at its sole discretion include reasonable conditions to be included in an encroachment agreement acceptable to the City. c. Except in cases of an emergency,the Property Owner shall be given thirty (30) days written notice to remove any prohibited obstruction or to perform any routine maintenance. Both parties agree to discuss the situation and negotiate a resolution in good faith. In the event discussions and negotiations fail to resolve the issue, and the Property Owner fails to remove the prohibited obstruction or to clear the surface to allow the City's maintenance to occur within the allowed time, the City shall have the authority through any lawful means to remove and relocate or dispose of all obstructions at the Property Owner's expense. In the case of relocation,the City shall have a temporary, limited easement to relocate the items or material off the Easement Property and on another part of the Property. In the case of removal and/or relocation,there shall be no compensation or reimbursement related to the value of the obstruction that was removed. d. Emergencies include the presence of objects or obstructions that adversely affect, or that the City reasonably believes will adversely affect,the safe operation of the public storm water drainage facilities within the Easement Property according to their design. Emergencies may also include obstructions which prevent the City from fully accessing the Easement Property for repairs that are necessary to ensure the continued safe operation of the public storm water drainage facilities. e. Property Owner shall not change, alter, or disturb the grade of the drainage swale without explicit written permission from authorized representatives of the City. 13. USE OF EASEMENT BY OTHERS. The City may temporarily assign the access rights identified herein to any contractor,third party, or other assignee that will be performing work on the Easement Property which the City would otherwise be allowed to undertake. The City shall take reasonable steps to ensure that the other party retains sufficient competence and gives adequate assurances that any work to be performed in or around the Easement Property shall be conducted in a skillful March 03, 2022 4 manner, and that the Property Owner's interest in the Easement Property shall be protected to the same extent as if the City was itself performing the construction and maintenance. 14. DEFAULT. If either the Property Owner or the City believes that the terms and conditions of this Storm Sewer Easement have been breached by the other,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 immediately remove any object or material which it believes creates any safety issue and/or interferes with the design and use of the public storm water drainage facilities within the Easement Property. 15. TERM. This Storm Sewer Easement is being granted in perpetuity for the City's use as part of its public storm water drainage facilities. 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 City, the Property Owner, and their respective heirs, executors, administrators, successors, assigns, and legal representatives. 16. WAIVER.No delay or omission in exercising any right or taking any action related to any term or condition of this Storm Sewer Easement shall be construed as a waiver of the right or power. An explicit written waiver by one party of any obligations of the other party shall not be construed to be a waiver of any other terms or conditions of this Easement. 17. INVALIDITY. If any term, condition, or part of this Storm Sewer Easement shall be found by a court of competent jurisdiction to be invalid or unenforceable,the remainder of the Easement terms shall not be affected. 18. NO THIRD PARTY BENEFICIARY. No parties other than the City and the Property Owner(s) will acquire any rights,to enforce or benefit from,through the specific terms of this Storm Sewer Easement. Therefore,there shall be no third-party beneficiaries to the terms of this Easement. 19. GOVERNMENTAL IMMUNITIES. The City benefits from certain immunities and limitations of liabilities. In the event the Board of Regents of the University of Wisconsin or other governmental entity is the Property Owner,it similarly benefits from certain immunities and limitations of liability. To that end: a. Nothing in this Declaration of Public Utility Easement is intended as a waiver of the City's right or opportunity to rely upon the municipal liability limitations and/or the municipal immunities contained within Wisconsin law. Such damage limits, caps and immunities are intended to be preserved and are incorporated into this Storm Sewer Easement and shall govern all disputes, contractual or otherwise, as they apply to the municipality and its agents, officers, and employees. b. In the event the Property Owner is the Board of Regents of the University of Wisconsin, or other state department or agency, or to another governmental entity, March 03, 2022 5 then nothing in this Declaration of Public Utility Easement is intended as a waiver of the any right or opportunity to rely upon the liability limitations and/or the governmental immunities contained within Wisconsin constitutional, statutory, or common law. Such damage limits, caps and immunities are intended to be preserved and are incorporated into this Storm Sewer Easement and shall govern all disputes, contractual or otherwise, as they apply to the governmental entity and its agents,officers, and employees. c. In the event the Property Owner is a non-governmental entity that does not benefit from any statutory or common law governmental limitations of liability or immunities,then the aforementioned limitations on liabilities and immunities benefitting governmental entities are not intended to transfer to, or benefit, or apply to such non-governmental entities that own or have interest in the Property. 20. GOVERNING LAW. This Storm Sewer Easement shall be construed and enforced in accordance with the laws of the State of Wisconsin. Venue for any action or dispute regarding this Storm Sewer Easement 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. 21. NOTICES.Any notices related to this Storm Sewer Easement shall be in writing and delivered via certified mail,return receipt requested, to the last known address of the City and of the Property Owner. 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. 22. AUTHORITY. The City affirms that all necessary boards and elected officials have approved this Declaration of Storm Sewer Easement, and that the undersigned have the authority to sign this Declaration of Storm Sewer Easement on behalf of the City. 23. INTERPRETATION. This Declaration should be read and interpreted as a whole. Each paragraph shall be incorporate and be interpreted consistently with other paragraphs. Recitals are included in and made part of the terms of this Declaration. 24. NO MERGER: It is necessary that the Storm Sewer Easement benefits and burdens described in this Declaration remain in effect to ensure the efficient continuity of public storm water drainage benefits created by the terms of this Storm Sewer Easement. Therefore,there shall be no merger of any Easement interests with the title or other interests of any other of the real property interests described herein in the circumstance where the City is also the Property Owner. This Declaration is being executed on the day and year first written above. SIGNATURE PAGE FOLLOWS March 03, 2022 6 CITY OF OSHKOSH Owner of the Property By: M A. Rohloff, City Manager By: P Q yt JefsNi Balcom, City Clerk STATE OF WISCONSIN ) )ss. • WINNEBAGO COUNTY ) AI Personally came before me this Liles day of ry ,2022,the above,ri n ed Mark,' • A. Rohloff and Jessi Balcom of the City of Oshkosh, to me known to be suctt,ersoris who executed the foregoing instrument and acknowl dged the same, for the.natirrobsperei.p contained. . ; Notary Public, State of Wisconsin o, y _ My Commission expii et: t s -pU p/1G March 03, 2022 7 illulliliijilhltlllU!IllU 879 . Tx:4595841 DOC# 1876889 NATALIE STROHMEYER CERTIFIED SURVEY MAP ,—I`�$L-1 SHEET1 OF REGISTER OF DEEDS WINNEBAGO COUNTY,WI PART OF LOTS 110, 111 AND 18 AND VACATED DAKOTA STREET RECORDED ON: ACCORDING TO THE MAP OF THE S,W. 1/4 OF SECTION 23, PER 03/03/2022 11:35 AM LEACH'S MAP OF 1894, ALSO ALL'OF LOTS 1-7 AND PART Or VACATED RECORDING FEE: 30.00 DAKOTA STREET PER WENTZEL'S SUBDIVISION, ALSO ALL OF LOT 1 OF CERTIFIED SURVEY MAP NO. 4365, ALL BEING PART OF THE NORTHEAST PAGES:4 1/4 OF THE SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 18 NORTH. RANGE 18 EAST CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. O D• - ♦ - 1 §_ 4 ���OU�itiiuuluruilb. 42 7r�`' ;Q N i -- g '-' fil =c? * S0=_ IDAFid ST• (6D'8/a) ' - ,, 6 ? z v-v:—6 CA ri, i,Z;..-z•- r '4' a1 143 ^-IF 1 NOD•38 29`E 455,38 Lt 1 e� ' O• II ,- I v �4�igrnuimrul�i;�; bL._ NI i 4;; lz `� o 4? ' EH / `+� us / D W V T A < Vr Ut Cn2NUl Ul[ .v,„lm On W ur in OS70OCu00 -4Cra N O 7 •�` 4Rogygc1c4 oo B rn r- LT O-, .'> A dA.1.7 W Li NE NN"� C. 1 Cy '` l Jl _y O• oo. W W-.W O CT N,P CD N�O t, �..._- 'e„ Z]j] b8bE i t'Tmrri 'ir, Ikg - ��/ -/ 4 I I'll it' V fig ; ySCA53(vrtcATtol m DNA A m.,.....,Cn Cr .•J Ch C.+CS O ! -r- NW _ n N Na C toton>oop.p COAL.+'" ( a.- 1 1 • oin rm ?�V NUCACnNOCT�NO ! 'Nr 'C0Z. .-1 CO `W I td = 4 J --- [---1 g r-pi • 1 - ! l Cn r 'r r -• +N C) 7 T •NS 92.69'Sr _I 1 UI 1I . _4� •Q 213, 4 ' 6 ? ' s p I '4 N! N'" LOT 1 rtr 1 e a .. r 4V�L'' ovl z,a ssy,-Ua_4J65 ,+ ! z z VI n g3 It 9- i� I ! Nncrss yi r , I r V rn gi= fE ;p__ 148.57 1- --� I' q .'. i i �,t9 239.94' ! rr vo-p,'K 2 It- 12'A EK N ov1tt7E l °tc°° _I iEl $r�8 t � Emma E �if-a1 //bo �h / I �� _ ��_,� L`— d 312.82' t /y�'`: _ t C) �� rrIFs' ,.._. L11T L10 L,`j,�P SOO'O9'S9'W O b g'$ R 1: 1.. r 149,77 I 1, r `t'r �9 / u C ao isoait04r+3I 1 x, ' 'n �� �l U • 01 a e oa r , (� r / '�r. .. �Fy'1 W r- .. q boo 10, I\\�I r 4,•• Jr, 4, 3g I co<D th D :,, 3 no-( ! v1 �4 1 +�1 ! `vY .0 i /,s-, ` Y ,�� J i ��t�7 I gm i �� i ll rr S i � A b ' �iy it" 1 ri H llij RI te02.8o __ __� W ----_ 87232-- &Sr Lu+E of THE __ .�,-- --2574,92' S00'2D'a3"E SW, 1r4 OF SECit0H 23 P IP SUBDIVIDERS MY OF OSHKOSH P.O.80% 1130 12/3/2021 \IrI WISCONSIN SIN " OSt,LOSH,W 54903 Pd TA%pmzaLman PRAJBCS 5710 / ` in,,1H•Yn.i P..1,f-144.4 Lc2 213t20001No 906o.3201,0 Sri BOARD OF RECQi55 L/NwEASflY CF WI SEINT 1 OF{ 74•F..;•,••,t S•,;..Y1..a.--Y,..T c3 mAD 53 5020 LHONARD POINT RD. 0517C0SJ7, W 54904 NA:0 F E.53715 UX Pk'i0it k1AdS.0 sasMas0107 tcc,wwwisoorufnlandauruwfny oam (920)410- 4 7yd EXHIBIT A (1 of 4) CERTIFIED SURVEY MAP NO. 1 In 4 SHEET 2 of 4 • PART OF LOTS 110, 111 AND 18 AND VACATED DAKOTA STREET ACCORDING TO THE p OP THE S.W. 1/4 OF SECTION 23, PER LEACH'S MAP O8' 1884, ALSO ALL OF LOTS 1-7 AND PART OF VACATED DAKOTA STREET PER WENTZEL'S SUBDIVISION, ALSO ALL OF LOT 1 OF CERTIFIED SURVEY MAP NO. 4365, ALL BEING PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE SOUTHWEST • 1/4 OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHEOSH, WINNEBAGO COUNTY, WISCONSIN. /ANDREW HUNTER S-2835 t ) �r SURVEYOR'S CERTIFICATE STATE OF WISCONSIN) I, ANDREW HUNTER, WISCONSIN PROFESSIONAL LAND SURVEYOR DO HEREBY CERTIFY; THAT I HAVE SURVEYED, MAPPED AND DIVIDED, PART OF LOTS 110, 111 AND 18 AND VACATED DAKOTA STREET ACCORDING TO THE MAP OF THE S.W. 1/4 OF SECTION 23, PER LEACH'S MAP OF 1894, ALSO ALL OF LOTS 1-7 AND PART OF VACATED DAKOTA STREET PER WENTZEL'S SUBDIVISION, ALSO ALL OF LOT 1 OF CERTIFIED SURVEY MAP NO. 4365, ALL BEING PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.; WHICH IS BOUND AND DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 23; THENCE SOUTH 88'55'45" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4, 1059.29 FEET; THENCE SOUTH 00°36'29" WEST ALONG THE EXTENSION OF THE EAST LINE OF IDAHO STREET, 33.00 FEET TO TEE SOUTH LINE OF WITZEL AVENUE AND THE POINT OF BEGINNING; THENCE SOUTH 88°55'45" EAST ALONG SAID SOUTH LINE, 920.44 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE 232.47 'FEET ALONG THE ARC OF A CURVE TO THE RIGHT, WHOSE RADIUS IS 348.00 FEET AND WHOSE. • CHORD BEARS SOUTH 69°41'58" EAST 228.18 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 50°40'22" EAST 54.80 TO THE POINT OF INTERSECT WITH THE WEST LINE OF CAMPBELL ROAD; THENCE SOUTH 32°40'28" EAST ALONG SAID WEST LINE 261.53 FEET; THENCE SOUTH 52°54'48" WEST 169.50 FEET TO THE NORTHEAST CORNER OF SAID LOT 18; THENCE SOUTH 00'09'59" WEST ALONG THE EAST LINE OF SAID LOT 18, 312.92 FEET TO THE NORTH LINE OF W. 3m AVENUE, SAID POINT BEING DEFINED AS POINT `A'; THENCE SOUTH 00'18'52" WEST 50.45 FEET TO THE INTERSECT OF THE EAST LINE OF SAID LOT 18 AND THE SOUTH LINE OF W. 3m AVENUE, SAID POINT BEING DEFINED AS POINT `B'; THENCE • SOUTH 00°00'43" WEST ALONG SAID EAST LOT LINE, 149.77 FEET; THENCE NORTH 82'O1'40" WEST 140.52 FEET TO THE SOUTHEAST CORNER OF LOT 2 OF CERTIFIED SURVEY MAP NO. 4365; THENCE NORTH 00'06'01" EAST AIANG THE EAST LINE OF SAID LOT 2, 149.67 FEET TO THE NORTHEAST CORNER OF SAID LOT 2, BEING A POINT ON THE SOUTH LINE OF W. Y' AVENUE; THENCE SOUTH 82°03'18" EAST ALONG SAID SOUTH LINE, 140.27 FEET TO POINT `B'; THENCE NORTH 00°18'52" EAST 50.45' TO POINT 'A'i THENCE NORTH 82°03'18" WEST ALONG THE NORTH LINE OF W. 3"D AVENUE, 324.04 FEET; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 81°38'26" WEST 396.13 FEET; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 71°51'18" WEST 79.22 FEET; THENCE CONTINUING ALONG SAID NORTH LINE 11.34 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, WHOSE RADIUS IS 30.00 FEET AND WHOSE CHORD BEARS NORTH 61°01'28" WEST 11.27 FEET; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 50°11,37" WEST 222.07 FEET; THENCE CONTINUING ALONG SAID NORTH LINE, 112.54 FEET ALONG THE ARC OF A CURVE TO THE LEFT, WHOSE RADIUS IS 160.00 FEET, AND WHOSE CHORD BEARS NORTH 70°17'58" WEST 110.24 FEET; THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89'34'24" WEST 114.13 FEET TO THE POINT OF INTERSECT WITH THE EAST LINE OF IDAHO STREET; THENCE NORTH 00°36'29" EAST ALONG SAID EAST LINE 455.38 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 780,643 SQ.FT. (17.92 ACRES) AND IS SUBS TO ALL EXISTING EASEMENTS AND RESTRICTIONS OF RECORD. EXHIBIT A (2 of 4) CERTIFIED SURVEY MAX. NO. 1 U L4 SHUT 3 of 4 PART OF LOTS 110, 111 AND 18 AND VACATED DAKOTA STREET ACCORDING TO THE MAP OF THE S.W. 1/4 OF SECTION 23, PER LEACH'S MAP OF 1894, ALSO ALL OF LOTS 1-7 AND PART OF VACATED DAKOTA STREET PER WENTZEL'S SUBDIVISION, ALSO ALL OF LOT 1 OF CERTIFIED SURVEY MAP NO. 4365, ALL BEING PART OF THE NORTHEAST 1/4 OF TEE SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. THAT I HAVE MADE THIS SURVEY UNDER THE DIRECTION OF THE CITY OF OSHKOSH AND THE UNIVERSITY OF WISCONSIN BOARD OF REGENTS, OWNERS OF SAID LAND. • THAT SUCH MAP IS A CORRECT REPRESENTATION OF ALL THE EXTERIOR BOUNDARIES OF THE LAND SURVEYED AND THE LAND DIVISION THEREOF MADE. THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF CHAPTER 236.34 OF THE WISCONSIN STATUTES AND THE LAND SUBDIVISION ORDINANCE OF THE CITY OF OSHKOSH IN SURVEYING, DIVIDING AND MAPPING THE SAME. • ,Z- -2.�7-1 _________ Ad )74., - DATE ANDREW HUNTER, PROFESSIONAL • WISCONSIN LAND SURVEYOR S-2835 I A• NDREW L%-..11% HUNTER 5-2835 *y-\ MARC!,▪ WI pQ� -rnmannmoo OW?ZER'S CERTIFICATE AS OWNER, I HEREBY CERTIFY THAT I CAUSED IRE LAND DESCRIBED ON THIS CERTIFIED SURVEY NAP TO BE SURVEYED, DIVIDED AND MAPPED AS REPRESENTED ON THIS MAP, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 236 OF THE WISCONSIN STATUTES AND THE LAND SUBDIVISION ORDINANCE OF THE CITY OF OSHKOSH. WITNESS THE HANDS AND SEALS OF SAID OWNER THIS DAY Ow i , 2 TOMM G. ON SON, PRESIDEN BOARD REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM PERSONALLY CAME BEFORE ME THIS 111L DAY OF le.4 20 -1 THE AFOREMENTIONED TOMMY G. THOMPSON, TO ME KNOWN TO BE THE PER N WHO EXECUTED THE FO GOING )!INS UMENT AND ACENOWLEDGED THE SAME. 0.00111itrrifii NOTARY PUBLIC, 4V�r'•yOTAii j. '� J)W COUNTY, SATE OF WISCONSIN _ , —� i - MY COMMISSION EXPIRES v 11019 'J v '..7%,.••.. ..,,.GQ'�� EXHIBIT A (3 of 4) CERTIFIED SURVEY MAP NO. 50;y SHEET 4 of 4 PART OF LOTS 110, 111 AND 18 AND VACATED DAKOTA STREET ACCORDING TO THE MAP OF TEE S.W. 1/4 OF SECTION 23, PER LEACH'S MAP OF 1834, ALSO ALL OF LOTS 1-7 AND PART OF VACATED DAKOTA STREET PER WENTZEL'S SUBDIVISION, ALSO ALL OF LOT 1 OF CERTIFIED SURVEY MAP NO. 4365, ALL BEING PART OF THE NORTHEAST 1/4 OF VME SOUTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. MUNICIPAL OWNERS CERTIFICATE THE CITY OF OSHKOSH, A SEPARATE BODY PUBLIC ORGANIZED AND EXISTING UNDER AND BY THE VIRTUE OF THE LAWS OF THE STATE OF WISCONSIN, AS OWNER, DOES HEREY CERTIFY }� THAT SAID AUTHORITY CAUSED THE LAND DESCRIBED ON THIS CERTIFIED SURVEY MAP TO BE SURVEYED, DIVIDED AND MAPPED AS REPRESENTED ON THIS MAP, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 236 OF THE WISCONSIN STATUTES AND THE LAND SUBDIVISION ORDINANCE OF THE CITY OF OSHKOSH, IN WITNESS WHEREOF, THE SAID CITY OF OSHKOSH HAS CAUSED THESE PRESENTS TO BE SIGNED BY MARK A. RORLOFF, ITS CITY MANAGER, AND COUNTERSIGNED BY PAMELA R. UBRIG, ITS CITY CLERK, THIS IS. DAY OF F--Q: M.0- '1 j , 2o2 , ��u� CIT MANAGER CI�t CLERK 1 t'Q`blew-- • PERSONALLY, CAME BEFORE ME THIS 1 cDAY OF c22h 1 (U'1 20_aa THE ABOVE-NAMED REPRESENTATIVES OF THE CITY OF OSHKOSH, TO ME KNOWN TO BEJTHE PERSONS WHO EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED THE SANE NOTARY PUBLIC, Wi a ji e b00P COUNTY, STATE OF WISCONSIN MY COMMISSION EXPIRES )1)M S I a oa j CITY OF OSEKOSR PLANNING COMMISSION CERTIFICATE OF APPROVAL THIS CERTIFIED SURVEY MAP SFAS APPROVED BY THE PLAN COMMISSION OF THE CITY OF OSHKO H ON THIS 3r'( DAY OF/ ar,.A , 20A2_2� / F4 4/1 PAL PLANNER, CITY of OSHKOSH TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO UNPAID TAXES OR UNPAID SPECIAL ASSESSMENTS ON ANY OF THE LAND INCLUDED ON THIS CERTIFIED RV'Y MAP. 3TE ea. �CCJJ�� ) DrE CITY T SU R 4V ANDRE L yet. HUNTER ` = • S-2835 v.; OMRO, /-. \ y9' .. WI0 • • EXHIBIT A (4 of 4) .• ti Part of Lot 3 of Certified Survey Map Number 7884,recorded with the Winnebago County Register of Deeds on March 03, 2022, as Document Number 1876889, located in the City of Oshkosh, Winnebago County, Wisconsin, and more specifically that part within said Lot 3 identified as "Storm Sewer Easement", and more specifically described as An area with a uniform width of twenty(20)feet along the East lot line of said Lot 3 extending the full depth of Lot 3 from the north lot line along the right-of-way of West 3rd Avenue, southerly to the south lot line of said Lot 3; And An area with a uniform width of twenty (20)feet along the South lot line of said Lot 3 extending the full width of Lot 3 from the East lot line, Westerly to the West lot line of said Lot 3. EXHIBIT B (1 of 1)