HomeMy WebLinkAbout2023-07-18 OASD Easement - sent to RODEasement
Document Number I Document Title
THIS Agreement is made this day of 3Q AL- , 2024
by and between the OSHKOSH AREA SCHOOL DISTRICT, Grantor, and CITY
OF OSHKOSH, Grantee,
1. PURPOSE; The School District and City seek to improve the public
transportation experience at the bus stop on this School District property
for the school's students, staff, others accessing the School District
property, and other public transportation riders using this bus stop. To
help achieve this goal, the School District will grant an Easement to the Recording Area
City so that the City can install a bus stop shelter and/or other transit- Name and Return Address
related facilities on the Bus Stop Shelter Property, The School District City Attorney's Office
will also grant an adjoining Maintenance Easement to the City to allow PO Box 1130
the City to more easily maintain its bus stop shelter and/or other transit -
Oshkosh, WI54903-1130
related facilities installed within the Easement Property. 91219400000
2. EASEMENTS; The School District, its successors and assignsParcel Identification Number (PIN)
, gives
and grants to the City, its successors and assigns, and the City accepts, two Easements over, under, and through
the Properties described in this Easement Agreement. The City is allowed to use the Easements for purposes
related to its public transit system and as more specifically described in this Easement Agreement. Easement
uses include one Easement for the placement of a bus stop shelter and/or other transit related facilities, and a
second, limited, Easement to provide extra space to the City so that the bus stop shelter can be maintained. Both
Easements are subject to the rights and obligations described in this Easement Agreement.
3. CONSIDERATION; The sum of One and N0/100 Dollar ($1.00) and other good and valuable consideration,
the receipt and sufficiency are acknowledged. Both parties agree that each is giving and receiving material
benefits exceeding monetary value. The School District benefits from improved bus stop facilities for its
students, staff, and other public transportation riders accessing the school property. The City benefits from
providing improved bus stop facilities for its public transportation riders, whether accessing the School District
property using this particular bus stop for convenience.
4. PROPERTY; The School District's larger Property on which these Easements are located is described as
follows;
That part of Lots 8, 9, 10, 11, 12, 13, and 14 of Block 1 in PLAT OF EICHSTADT
SUBDIVISION, and of the South %Z of the South West'/4 of the South West'/4 of the
North East ''/4 of Section 11, Township 18 North, Range 16 East, and of the North %Z of
the South East '/4 of Section 11, Township 18 North, Range 16 East, and of Walnut
Street (now vacated) and Morgan Avenue (now vacated), all in the Twelfth Ward, City
of Oshkosh, Winnebago County, Wisconsin, described as follows;
Commencing at the Southwest corner of said Lot 14; thence North 0 degrees 24 minutes
East, 1066.55 feet; thence South 89 degrees 56 minutes East, 14A feet; thence North
0 degrees 24 minutes East, 160.00 feet; thence South 89 degrees 57 minutes East,
1139,80 feet; thence South 0 degrees 9 minutes East, 662.20 feet; thence North 89 degrees
57 minutes East, to the West line of Wisconsin Street; thence South, along the West
line of said Wisconsin Street, to the North line of West Smith Avenue; thence West, along
the North line of said West Smith Avenue, to the place of beginning,
PIN:91219400000
Street Address: 1100 West Smith Avenue, Oshkosh (North High School)
5. EASEMENT PROPERTY — BUS SHELTER: The Easement allowing use of School District property by the
City as a bus stop shelter ("Bus Stop Shelter Property") shall be over, under, and through the property identified
as "Easement #1" in Exhibit A, attached, and is described as follows;
3, 2023
[SEE "EASEMENT #1 FOR BUS SHELTER", ATTACHED AS EXHIBIT A]
EASEMENT PROPERTY - MAINTENANCE ACCESS: The City will need extra space around the bus stop
shelter to install, maintain, and repair the bus stop shelter and/or other transit -related facilities installed.
Therefore, the School District also grants to the City an adjoining Easement limited in use to allow the
construction, maintenance, and repair of the bus shelter and/or other transit -related facilities. This limited
Easement allowing use of School District property by the City for construction, maintenance, and repair of the
bus stop shelter and/or other transit -related facilities (Maintenance Property) shall be over, under, and through
property identified as "Easement #2" in Exhibit A, attached, and is described as follows:
[SEE "EASEMENT #2 FOR BUS SHELTER MAINTENANCE", ATTACHED AS EXHIBIT A]
7. LOCATION OF EASEMENTS: A map identifying the locations both the Bus Stop Shelter Property and the
Maintenance Property is attached and incorporated into this Agreement as Exhibit B.
ACCESS RIGHTS: The City shall have the right to access and use the Bus Stop Shelter Property and the
Maintenance Property for any purpose related to the terms and conditions described in this Agreement.
9. USE BUS SHELTER EASEMENT FOR PUBLIC ACCESS AND PURPOSE: The City shall have the right to
fully use the Bus Stop Shelter Property for all purposes associated with its public transit system. The Bus Stop
Shelter Property will be accessible by the public, and will be subject to any rules and regulations for the use of
bus stops and/or bus stop shelters as the City may from time to time approve or authorize. The City shall have
the right to access, survey, lay, construct, use, operate, maintain, repair, replace, relocate, and/or remove a bus
stop shelter and/or other transit -related facilities that may be necessary to carry out the purpose of this Easement
Agreement. The installation of the bus shelter, and the continued use of the Bus Stop Shelter Property as a bus
stop, shall be at the discretion of the City. The public shall have the right to use any sidewalks, cement pad, and
bus shelter on the Bus Stop Shelter Property in a manner consistent with use of other bus shelters within the City
by the public and/or consistent with City's specific rules for this particular shelter.
10. USE OF BUS SHELTER MAINTENANCE EASEMENT: The City shall be allowed to use the Maintenance
Property on a limited and temporary basis to carry out construction, maintenance, and repair activities for the
bus shelter and/or other transit -related facilities. The City shall have the right to use this Maintenance Property
only for construction, maintenance, and repair purposes. The Maintenance Property shall be used only for
periods reasonably necessary to complete each construction, maintenance, or repair project. Construction and
maintenance access shall include the initial construction, as well as subsequent maintenance, repair, and
replacement completed by, or at the direction of, the City. The School District may install landscaping, fencing,
or structures in the Maintenance Property that are otherwise allowed by City Code and approved by the City.
The City is allowed to deny such improvements if they would materially affect the City's ability to construct,
maintain, or repair the bus shelter and/or other transit -related facilities. The City shall be responsible for
repairing the Maintenance Property to the extent the City has caused damage.
11. CONSTRUCTION/MAINTENANCE: The School District will install at its expense the concrete pad for the
bus stop shelter on the Bus Stop Shelter Property, The City's Transit system, GoTransit, will reimburse the
School District for any City building permit or other City fees related to the installation of the concrete pad. The
concrete pad installation shall be according to the City's specifications to allow the proper installation of the
City's bus stop shelter. The City will install at its expense the bus stop shelter structure on the concrete pad.
Once the concrete pad and shelter structure are installed, the City will be responsible for future maintenance,
repair, and replacement, except to the extent caused by the willful or negligent actions of the School District.
The City will grade and seed the Bus Stop Shelter Property and the Maintenance Property when appropriate
after the initial construction and if necessary after future maintenance. The School District is responsible for
regular maintenance, such as mowing, of the vegetation on both the Bus Shelter Property and the Maintenance
Property surrounding the concrete pad and shelter structure. The City shall be responsible for removal of snow
and ice within the Bus Stop Shelter Property.
12. INTERFERENCE WITH EASEMENT: The School District, its agents or assigns, shall not interfere in any way
with the City's use of its Easements. In particular the School District shall not alter the slope or elevation of the
Easement Properties, alter the vegetation associated with the Easement Properties, or install or construct any
structures or improvements within the Easement Properties. The School District shall not place, pile, or move
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July 3, 2023
snow or ice onto the Easement Properties, Prohibited structures or improvements include, but are not limited to,
temporary or permanent building structures, driveways, parking areas, sheds, change in elevations, vegetation
except grass, landscaping or fences. Both parties have an interest in keeping the Easement Properties free of
litter, debris, and obstructions. Each party will be responsible for removing materials or objects on the
Easement Properties that they are responsible for, whether directly, indirectly, or inadvertently.
13. USE OF EASEMENT BY OTHERS: The School District agrees that the City may temporarily assign its ability
to access the Easement Properties for construction, maintenance, and related purposes to any contractor, third
party, or other assignee who demonstrates to the City sufficient competence and gives adequate assurances that
any work to be performed in or around the Easement Properties shall be conducted in a skillful manner, and that
the School District's interest in the Easement Properties shall be protected to the same extent as if the City itself
was performing the construction, maintenance, and related activities,
14. DEFAULT: If either the School District or the City reasonably believes that the terms of this Easement
Agreement have been breached, then written notification of the alleged breach shall be delivered to the other
party. The breaching party shall have thirty (30) days to cure any actual breach. However, the City may take
immediate action when it believes that conditions materially interferes with the lawful use of the Easement
Properties and/or pose an immediate danger or hazard to the public,
15, TERM: The Easements are being granted for public purposes and uses as described in this Agreement for as
long as the Easement Properties are being or will be used by the City as a public transit bus stop. The City will
notify the School District in writing when the City has officially decided that it will no longer use the Easement
Properties for as a public transit bus stop. The actual termination of Easement rights shall occur at a reasonable
time after the City has officially and permanently ceased using the Easement Properties as a public transit bus
stop. Each party agrees to cooperate in providing the other appropriate documentation to reflect the termination
of the Easements. The City shall remove the bus stop shelter structure and concrete pad at its expense upon the
termination of these Easements, 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 School District and the City,
their respective subdivisions, heirs, executors, administrators, successors, assigns, and legal representatives.
16. 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 one party of an obligation required of the other party shall not be construed to be a waiver
of any other terms or conditions in this Agreement.
17, INVALIDITY: If any term or condition of this Agreement, or the application of this Agreement to any person
or circumstance, shall be determined to be invalid or unenforceable by a court of competent jurisdiction, then the
remainder of this Agreement shall remain valid and enforceable to the fullest extent permitted by law.
18. 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 the School District or the City that other persons or entities shall
acquire any claims by or through this Agreement.
19. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the either parties' right or
opportunity to rely upon the governmental limitations and immunities contained within Wisconsin law.
Governmental 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 by the Grantor and
the Grantee and are incorporated into this agreement by the governments and their agents, offices, and
employees. Such limitations and immunities shall apply to any dispute related to this Agreement, even if the
underlying statutory and/or common law limitation is based upon a tort.
20, 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.
21. NOTICES: Any notices required by this Easement Agreement shall be in writing and delivered via certified
mail, return receipt requested, as follows. 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 Properties.
3
July 3, 2023
FOR THE GRANTOR:
Oshkosh Area School District
c/o Business Manager
PO Box 3048
Oshkosh, WI 54903-3048
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh, WI 54903-1130
22. AUTHORITY: The School District and the City affirm that all necessary boards and elected officials have
approved the granting and acceptance of this Easement Agreement, and that the undersigned have the authority
to sign this Agreement.
SIGNATURE PAGE(S) FOLLOW
DRAFTED BY:
Attorney David J. Praska
Deputy City Attorney
Oshkosh, Wisconsin
4
July 3, 2023
IN WITNESS WHEREOF, said Grantor and Grantee have set their hand and seal the day and year first above written.
GRANTOR
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OSHKOSH AREA SCHOOL DISTRI
'P%...........
By; s�`q
�u; NOTAFty %* ;f-
j ],
(print name) (print title)
1 (P ' PUB LIG :' -2' s
�OF WtSO'��,,,,?
STATE OF WISCONSIN
WINNEBAGO COUNTY )�
Personally came before me this _ day of % , 2023, the above named OT '
to me known to be such person who executed the foregoing nstrument and acknowledged the same, for the purpose herein
contained.
Notary Public, State of Wisc Ib
My Commission expires;
GRANTEE
CITY OF OSHKOSH
By;
k A. Rohl(ACity Man ger
Diane hartlett, City Clerk
STATE OF WISCONSIN
) ss.
WINNEBAGO COUNTY ) r
Personally came before me this 1 day of f/ , 202�, the above named Mark A. Rohloff and Diane Bartlett
of the City of Oshkosh, to me known to be such persons who executed the foregoing instrument and acknowledged the same, for
the puipoge herein contained.
Notary Public, State of WisconsinQVt
My Commission expires; �u n q t 1-1
APPROVED AS TO ORM;
. Lorenson, Attorney
5
July 3, 2023
July 14, 2017
Parcel 12-1940-0000
1100 West Smith Avenue
Easement #1 for Bus Shelter
Part of NE 1/4 of SE 1/4, Section 11, T18N R16E in the City of Oshkosh, Winnebago County.
Commencing at the Northwest corner of the intersection of the North right-of-way line of West
Smith Avenue and West right-of-way line of Wisconsin Street in the City of Oshkosh; thence
Westerly'620.65 feet along the,North line of said West Smith Avenue to the point of beginning
#1; thence Northerly 7.00 feet perpendicular to said Noah line of West Smith Avenue; thence
Westerly 18.00 feet along a line parallel to the North line of West Smith Avenue; thence
Southerly 7.00 feet along a line perpendicular to the North line of West Smith Avenue to a point
on said North line of West Smith Avenue; thence Easterly 18.00 feet along said North line of
West Smith Avenue to the point of beginning and containing 0.0028 acres (126 sq. ft.) of land.
Easement #2 for Bus Shelter Maintenance
Part of NW 1/4 of SE 1/4, Section 11, T18N R16E and NE 1/4 of SE 1/4, Section 11, T18N
R16E in the City of Oshkosh, Winnebago County. Commencing at the Northwest corner of the
Intersection of the North right-of-way line of West Smith Avenue and West right-of-way line of
Wisconsin Street in the City of Oshkosh; thence Westerly 615.65 feet along the North line of
said West Smith Avenue to the point of beginning #2; thence Northerly 12.00 feet perpendicular
to said North line of West Smith Avenue; thence Westerly 28.00 feet along a line parallel to the
North line of West Smith Avenue; thence Southerly 12.00 feet along a line perpendicular to the
North line of West Smith Avenue to a point on said North line of West Smith Avenue; thence
Easterly 28.00 feet along said North line of West Smith Avenue to the point of beginning and
containing 0.0077 acres (336 sq. ft.) of land.
I:\Engineering\2017 Contracts\2017 RW & Easements\1100 W Smith Ave• Oshkosh North Bus Shelter Easement descriptions.docx Page 1
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ENGINEERING DIVISION
BUS SHELTER AND
FILE NAME: DRAWN:
1100WSmith Ave- Oshkosh North
SHELTER MAINTENANCE EASEMENTS
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