HomeMy WebLinkAbout2023-05-24 Camping World - 50ft Drainage Easement - RecordedEasement
(50' Drainage Easement)
Document Number I Document Title
THIS INDENTURE, made this l Z day of J I ( , 2022,
by Castle Rock Land Company, LLC„ a.Wisconsin Limited Liability Company;
as to an undivided 20% interest, John Lautenschlager, as to an undivided 200/(
interest, Decker Family trust dated l/l/04, as to an undivided 20% interest,
Garry H. and Cheryl G. Decker Trust of 2018, as to an undivided 20% interest
and the A. Earl Struensee and Patricia A. Struensee Revocable Living Trust, a,
to an undivided 20% interest, collectively Grantor, and the City of Oshkosh,
Wisconsin municipal corporation, Grantee, located in Winnebago County,
Wisconsin.
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good
and valuable consideration paid by Grantee, the receipt of which is
hereby acknowledged, Grantor, its successors and assigns, does hereby
give and grant unto Grantee, its successors and assigns, and Grantee
accepts, a drainage easement over, under, and through the land hereinafter
described.
DOC# 1903972
REGIST R OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED
RECORDING 00
PAGES: 13
Recordine Area
Name and Return Address
City Attorney's Office
P.O. Box 1130
Oshkosh, WI54903-1130
Ghar9 e
91366500500
Parcel Identification Number (PIN)
1. PURPOSE: Allow the continuation of surface water flow from south to north through Grantor's
Property. The surface water has and will continue to originate from surrounding properties and
surrounding areas. This Easement will cover the same area as an existing private drainage easement
created on Certified Survey Map No. 6667, and recently identified and confirmed on Certified
Survey Map No. 7904. Certified Survey Map No. 7904 is attached as Exhibit A. This Easement
Agreement will allow public water from the area to flow through the Easement Property as Grantee
modifies and upgrades its public storm water management facilities.
2. GRANTOR PROPERTY: The Easement Property described below is part of Grantor's larger
Property located in the City of Oshkosh, Winnebago County, Wisconsin, and more particularly
described through the recorded Certified Survey Map as:
Lot 4 of Certified Survey Map No. 7904, recorded with the Winnebago County Register of
Deeds on April 08, 2022, as Document No. 1879712 located in the Southeast 1/4 of the
Southeast 1/4 of Section 4, Township 17 North, Range 16 East, City of Oshkosh, Winnebago
County, Wisconsin.
EASEMENT PROPERTY: The 50 foot Public Drainage Easement granted in this Agreement shall
be over, under, and through Grantor's larger Property situated in the City of Oshkosh, Winnebago
County, Wisconsin. The Easement Property is more particularly described as follows:
Legal Description Attached as Exhibit B
4. MAP: A map of the Public Drainage Easement is attached as Exhibit C and is fully incorporated in this
Agreement.
5., ACCESS RIGHTS: Grantee shall have the right to access and use the Easement Property for all purposes
as part of its municipal storm water management system.
13, 2022 1 '
USE FOR STORM WATER MANAGEMENT SYSTEM: Grantee shall have the right to use the
Easement Property for all purposes as part of its municipal storm water management system. The Easement
Property will largely be left in its natural state, with no grading or other modifications intended. The
exception to the foregoing natural state, will be the installation of pipe, outlet or outfall, and appurtenances
as the south end of the Easement Property connecting this Easement Property with a detention pond within
the adjacent property to the south.
7. MAINTENANCE: Grantee shall be responsible for maintaining, repairing, and replacing its pipe, outfall,
and appurtenances as the south end of the Easement Property. The remainder of the Easement Property is
expected to remain in its natural state, without regular surface maintenance. In the event Grantee proposes
any grading or other modifications of the Easement Property, then Grantee shall be responsible for
obtaining all permits and permissions necessary to undertake such activity. In the event Grantor proposes
any grading or other modification of the Easement Property, then Grantor must receive permission for such
activities from the City of Oshkosh Board of Public Works before commencing such activities. Permission
for such changes is solely at the discretion of the Board of Public Works
8. INTERFERENCE WITH EASEMENT: Grantor, its heirs, agents, or assigns, shall not interfere with
Grantee's use of the Easement Property, or undertake grading or drainage activities therein that is not
approved by Grantee, or install or construct any new or additional structures, improvements, or
landscaping. Grantor shall not place, pile, or move snow or ice on to the Easement Property, nor shall they
allow others to do so. Prohibited new changes, structures, or improvements include, but are not limited to,
temporary or permanent building structures, (new) parking areas, sheds, change in elevations, vegetation
except grass, landscaping or fences unless otherwise approved in writing by the Oshkosh Board of Public
Works. Grantor shall promptly remove any objects, materials, or structures which are not approved, or
which impede Grantee's access and/or use of the Easement Property, or which limit the capacity of
Grantee's municipal storm water management system. If Grantor fails to remove these materials or objects,
Grantee may remove them at Grantor's expense. Grantor shall take reasonable steps to prevent third parties
from interfering in any way with Grantee's use of this easement.
9. USE OF EASEMENT BY OTHERS: Grantor agrees that Grantee may temporarily assign the construction
and maintenance rights identified herein to any contractor, third party, or other person. Assignees must
demonstrate to Grantee that they have sufficient competence and must give adequate assurances that any
work to be performed in or around the Easement shall be conducted in a skillful manner. Assignees must
also protect Grantor's interest in the Easement Property to the same extent as if Grantee was itself
performing the construction or maintenance.
10. DEFAULT: If either Grantor or Grantee reasonably believes that the terms of this Easement have been
breached, then written notification of the alleged breach shall be delivered to the other party. Any party in
breach shall have sixty (60) days to cure any actual breach or, if the breach cannot reasonably be cured
within the 60-day period, take appropriate steps to materially comply with the party's obligation to cure.
Notwithstanding the foregoing, Grantee is entitled to ensure the continuous proper functioning of its
utilities without waiting sixty (60) days. Grantee may use its discretion to evaluate any necessary
maintenance and/or repairs, or any interference with a permitted use of the Easement Property, and take any
immediate reasonable action without notice to ensure the proper functioning of Grantee's utilities. All
costs and expenses incurred under such circumstances due to Grantor's breach or negligence shall be
reimbursed by Grantor to Grantee within sixty (60) days of receipt of a bill for the same.
11. TERM: This Easement it being granted in perpetuity for public purposes and uses, both current and future,
without regard to Grantee's use of the Easement 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 Grantor and Grantee, their respective heirs, executors, administrators, successors, assigns,
and legal representatives.
May 13, 2022 2
12. 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. A waiver by a party of any of the obligations of the other party shall not be construed to
be a waiver of any breach of any other terms or conditions of this Agreement.
13. INVALIDITY: If any term or condition of this Agreement, or the application of this Agreement to any
person or circumstance, shall be invalid or unenforceable, the remainder of this Agreement, or the
application of the term or condition to persons or circumstances other than those to which it is held invalid
or unenforceable, shall not be affected thereby, and each term and condition shall be valid and enforceable
to the fullest extent permitted by law.
14. 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 Grantor or Grantee that other parties shall acquire any rights
to enforce or benefit from through this Agreement.
15. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the municipality's right
or opportunity to rely upon or use 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. Such damage limits, caps and immunities are intended to be preserved and
applied, and are incorporated into this agreement and shall govern all disputes regardless of the underlying
theory for relief, whether contractual or otherwise, as they relate to the municipality and its agents, officers,
and employees.
16. FORCE MAJEURE: Neither Grantor nor Grantee shall be in default under this Agreement if its failure to
perform is caused by any of the following events: act of God; fire; flood; severe storm; power outages;
material shortages or unavailability or other delay in undertaking their responsibilities identified in this
Agreement that do not result from the parties failure to maintain their property or facilities. In order to
claim relief under this Section, the other party must be notified in writing of the existence of the event
relied upon and the expected cessation or termination of that event. For the duration of any valid Force
Majeure event as defined by this Section, the affected party's performance shall be excused. However, the
affected party is still required to take appropriate means to minimize or remove the event causing Force
Majeure and, within the shortest possible time, attempt to resume performance of the obligation affected by
the event of Force Majeure.
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: Grantee shall not be required to provide notice prior to exercising any rights pursuant to the
Easement Property and this Agreement, except that Grantee will provide a responsible person at the
business operating on Grantor's Property with advance notice of significant work to be performed within
the Easement Property provided no emergency exists. Any notices related to a breach of this Agreement
shall be in writing and delivered via certified mail, return receipt requested, to the following. 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 GRANTOR:
Castle Rock Land Company, LLC
3807 State Highway 21
Unit A
Oshkosh, WI 54904-9323
May 13, 2022 3
FOR GRANTEE:
City of Oshkosh
c/o Director of Public. Works
P.O. Box 1130
Oshkosh, WI 54903-1130
19. AUTHORITY: Grantor affirms that the undersigned have the authority to sign this agreement on behalf of
Grantor. Grantee affirms that all necessary boards and public officials have authorized this Easement. The
undersigned asserts and affirms that they have they have the authority without limitation to enter into this
Easement Agreement on behalf of Grantor and Grantee.
[SIGNATURE PAGES FOLLOW]
May 13, 2022 4
ACKNOWLEDGMENT
CASTLE ROCK LAND COMPANY, LLC
LE
Rebecca
STATE OF WISCONSIN
) ss.
WINNEBAGO COUNTY )
Personally came liefore me this' day of 2022, the above named, Rebecca Wesenberg,
as an agent of Castle R,�iluagl�ompany, LLC, a Wiscons' limited liability company, to me known to be the person
who executed theu✓%i and acknowledged the same, for the ose herein contained.
•• N T q o N ary blic, Stat6-?0OVisconsin
_Cn y Commission expires: 02 —G — P b"
���.AGeCIC "Czz
�� W1 s co"'
llllII11M
May 13, 2022
ACKNOWLEDGMENT
By: kZ --
John A. Lautenschlager
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this c)3 day of MCAJk 2022, the above named, John A.
Lautenschlager, as an individual, to me known to be the pers n who ho executed the foregoing instrument and
acknowledged the same, for the purpose herei contained
Not ry Public, State o Wis o in _
CYNTHIA KAY MCLAUGHLIN My Commission expires: - -ac
Notary Public e
State of Wisconsin
.May 13, 2022 6
ACKNOWLEDGMENT
DECKER FAMILY TRUST dated 1/1/04
WEST POINJTIE�BQANK TRUST DEPARTMENT �n
By: ko � x ;l—� x
Name: "le 0 - I(rmly-4
Title: F n-tw lna Or"-. ' Thx U ,
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came, before me this tt day of
-Acin,&f 0— 16&k-ru , as St4u or Vk;` 11 V*I'm
Family Trust dated 1/l/04, to me known to be the persT
ho
the same, for the purpose herein contained. " n / T (
Notary Public;kS
My Commission
•`"""""'ff,, 2022, the above named, .
S. e.13ank; as trustee ofthe Decker: .
ie fore ouis%ument and acknowledged- .
�pTAgR� . 2
May 13, 2022 7
ACKNOWLEDGMENT
GARRY H. AND CHERYL G. DE/ R TRUST OF 2018
By:./ /
)9arry H. Decker. Trustee /1
Cheryl O' Decker,
5fak- o� Wi-' Dnsi n j ss.
�Ilhi1D
Personally came before me this day of 2022, the above named, Garry H. Decker and
Cheryl G. Decker, as trustees of the Garry H. Decker and Cheryl G. Decker Trust of 2018, to me known to be the
persons who executed the foregoing instrument d ac owledged the same, for the purpose herein contained.
Not e Public, State of n
My Commission expires:,
May 13, 2022
a +-' ro
ACKNOWLEDGMENT
THE A. EARL STRUENSEE AND PATRICIA A. STRUENSEE
REVOCABLE LIVING TRUST
By:.
Stuart A. Strueftee, rustee
By: iljt�
William E. Struensee, Trustee
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this day of M , 2022, the above named, Stuart A. Struensee,
and William E. Struensee, as trustees of The A. Earl Struen and Patricial A. Sturensee Revocable Living Trust, to
me known to be the perso4ks,,wko#p4ecuted the foregoing1 9 nt and,a ed,the'same, for the
herein contained. ': �••°d� �. y''�., �`;,i"In f.,
v,�; �OTARy•;N Notary Pub ic, State of Wiscqnsiq
'
_My Commission,.expires:. 1
ACKNOWLEDGMENT
May 13, 2022 9
ACKNOWLEDGMENT
CITY OF OSHKOSH
By: By:
Mark W. Rohloff, ity Manager 6ssi Balcom, City Clerk -,-
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this a[_ day of,,T(f l 2022, the above named Mark A. Rohloff and
Jessi Balcom of the City of Oshkosh, to me known to be uch persons who executed the foregoing instrument and
acknowledged the same, for the purpose herein o tained.
Notary u lic, State of Wiscons' -
My Commission expires:
APPROVE S O FORl1�
rj A. Lorenso , City Attorney
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903-1130
May 13, 2022 10
ME
CERTIFIED SURVEY MAP NO. 'lq
Located in the SoutheastV4 of theSoutheast 114 & the Northeast 1/4 of the
Southeast 114 of FractiondSeWon t Township 17North, Range 16 Eas4 00
of Oshkosh, Winnebago County, Wistnasin; Being a redividon of lot 1 of
Cera"f1edSurveyMapAfo 6667
X
tv
q 1q0 200
SCALE IN FEET
1'=240'
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DOC# 1879712
NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
04/08/2022 02:IS PM
RECORDING FEE: 30.00
PAGES: 2
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SEPARATE INSTRUMENT $ ��
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EXHIBIT A (1 of 2)
CERTIFIED SURVEY MAP NO. ag04
Located in the South east 1/4 of the SoutheastV4 & the Northeast)/4 of the
Southeastl14 of Fractional Section 4, Township 17 Nortk Range 16 East, Oty of
0shkosh, Winnebago County, Wiscansln; Being a redh4sion of Lot 1 of Certajled
Survey Map No. 6667
SURVEYOR'S CERTIFICATE
I, Greg & Umdquist Protasional Land Surveyor, hetatry certffy Bret by thedireeWn oft m owner of said lads. I have surveyed, dWded and
wappad a partofthe SottlbeastQuarpr at the Southeast Quaderand the Notheast Quartarofthe SoudwastQuadsr offractimal Sectkr 4,
Township 17 north. Range 16 Eas<Cty.cf 0sh1=h. Wmrrebago Courtly. V4scanshr, mare as follows;
Being Lot 1 of Ce fled Survey" No. WU. Document No. 1614295, emxpft out those lards as shown on Lot 1 of Celled Survey Map No.
7865.DoaunerdNo. 1873824.
This peroet*mt0s37.15 aaea, beigg 1.616.417 sgrtare feet. Subjeelto all affix easements, restddlons, covenants and c o ditionS Ofrecord.
I also cerrdy 6mt this Ceditfed Survey Map is a oarectrepcasentdon to scale efthe axw&r bormdary Swveyed and deaarb* M I have fW
complied with the phwisioasof Chapter 238.34 of the Wisconsin State Statutes and CbapterA-E T afthe Wisconsin AdmlsfstrAM fbde.
Date: 3rJt/zz
Greg M Lundquist: PLS "10
P EL
St. Cuobc Surveying
Hudson. W MIS
2LUMMUST
Ismo
gmg�taoDusuuveyingmm
4itV=�P:
OWNERS CERTIFICATE OF DEDICATION
AsarepreswdaWeofDeckerFarmtyTn4iherebycft* mtsaidTrusthascauseditlanddescribedanthisCemifiedSurveyMapfobe
surveyed, divided, mapped and dedicated as ngwesaatr±d on this Cad3ied Survey Map. Dedw Faff*Trustdoes f nthercw*that this Centrmd
SuImyyMap Is spoked by s.236.10 or e23S.12 to besudnMed to the Cory Oshkosh for approval.
IN
o(, 2022 WHMMF, the salt Ded er Famgy Tnrt has nosed theca presardsto be signed by _IYs .this _S—_ day
stetear{1�1�5CDt `�IYI : v r 1A0TAp y
txu"syafWi[zU4bap UILB C
Gordon Deckertamebetasme this day efW2o22.-9TF`•'• .._. •'�5;
'•v0F
The abovenandtepmsm a5ve,mmeimorrrftDberhoRepresentetiveofsaidTros�%13iriedmawledgedthratlhrryexrrodedtheiorogoirg
kushawn tas wish RepreserddHe as lha deed of said aarporMon, byl s authority.
Nalery My Commiasion eq*w e 2�
I.�NdaC ."
CERTIFICATE OF P.
A G DEPARTMENT
This CmbT*d &rrvey Map has been reviewed by the Cid of Oshkosh Plaardng Commission.
%0Zk--
Ptanrimg Ca r Represus,fa6re Date
This Cwd ftd Survey N;ap Is contahred whollywithin the
property desamed in the fanouritg recorded ias8umenbr
Paced Nun b 913M000W
Documleet No:1358351
IV Craft ayf' SHEET 2 OF 2
EXHIBIT A (2 of 2)
LEGAL DESCRIPTION OF THE CENTERLINE OF A 50' DRAINAGE EASEMENT:
A 50' Drainage Easement being a part of Lot 4 of Certified Survey Map No. 7904, recorded in the
Winnebago County Register of Deeds Office as Document No. 1879712, located in the Northeast 1/4 and
Southeast 1/4 of the Southeast 1/4 of Section 4, Township 17 North, Range 16 East, City of Oshkosh,
Winnebago County, Wisconsin being more particularly described as follows:
Commencing at the Northeast corner of said Lot 4; thence South 00°-28'-38" West along an East
line of said Lot 4, a distance of 11.06 feet to the point of beginning of the centerline of said easement;
thence South 88°-28'-58" West, a distance of 88.12 feet; thence South 130-25'-43" West, a distance of
83.06 feet; thence South 33°-13'-27" West, a distance of 101.42 feet; thence South 540-27'-48" West, a
distance of 64.53 feet; thence South 89'-33'-30" West, a distance of 440.87 feet; thence South 63°-39'-
36" West, a distance of 51.97 feet; thence South 47°-24'-39" West, a distance of 195.00 feet; thence
South 01°-13'-46" West, a distance of 622.16 feet to the South line of said Lot 4 and the point of
terminus of.said easement centerline.
EXHIBIT B (1 of 1)