HomeMy WebLinkAbout2023-08-07 StarEasement Agreement
Document Number I Document Title
THIS INDENTURE, made this 'IS day of 4K , l 32023,
by STAR PROPERTIES OF OSHKOSH, LLC, (Star P roperties) Grantor, and
OF OSHKOSH, (City) located in Winnebago County, Wisconsin, Grantee,
WITNESSETH:
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good
and valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, the Grantor, its successors and assigns, does hereby give and grant
unto the Grantee, its successors and assigns, and Grantee accepts, an easement over,
under, and through the land hereinafter described.
1. PURPOSE: The purpose and use by Grantee of the Easement
Property described in this document shall be to install an ADA
compliant public concrete sidewalk. This facility upgrade is part of
the reconstruction of West Lincoln Avenue.
0••• •I:I
PAGES: 6
Recording Area ( f1icC,
Name and Return Address
City Attorney's Office
PO Box 1130
130
905-0515-0000
Parcel Identification Number (PIN)
2. EASEMENT: Star Properties grants, and the City accepts, an Easement over, under, and through the
property described in this Agreement for the purposes described and according to the terms set forth herein.
3. CONSIDERATION: One dollar ($1.00) and other good and valuable consideration, the amount and
sufficiency of which is accepted by both parties as appropriate for the purposes of this Agreement.
4. GRANTOR'S PROPERTY: The Easement will be over, under, and through a small part of Grantor's larger
Property which is used for residential purposes.
5. EASEMENT PROPERTY: The Easement Property, is located in the City of Oshkosh, Winnebago County,
Wisconsin, is described as follows:
Legal Description Attached as Exhibit A
6. EASEMENT LOCATION: For visual reference purposes, the Easement Property is described as:
Easement Property Map Attached as Exhibit B
7. USE AS EASEMENT FOR PUBLIC PURPOSES: The Grantee will be installing an ADA compliant public
concrete sidewalk. Grantee shall have the right to fully use the Easement Property for all purposes
associated with these uses. The Grantee's use of the Easement Property will be subject to all applicable
rules and regulations for those uses. The Grantee shall have the right to access, survey, lay, construct, use,
operate, maintain, repair, replace, relocate, and/or remove all allowed equipment and facilities that are
allowed by this Easement Agreement.
8. CONSTRUCTION/MAINTENANCE: Grantee will install at its expense public sidewalk and other allowed uses of
the Easement Property. After initial construction at the City's expense, special assessments may be used for
subsequent work within the Easement Property as described by the City's special assessment policy. Regardless of
whether or not special assessments are used for work within the Easement Property, the sides of the Easement
Property may be used to calculate frontage for other work that may be specially assessed. The construction and
installation shall be according to Grantee's specifications and at its discretion. Responsibility for the operation,
maintenance, and repair of the public sidewalk will be the property owner's responsibility as described in the
Oshkosh Municipal Code or other applicable laws. For clarification purposes, Grantee will be responsible for all of
02, 2023
IN
its subsequent maintenance, repair, and replacement, except to the extent caused by the willful or negligent actions of
Grantor, while Grantor retains all maintenance obligations for any public sidewalk, grass, snow and ice within the
Easement Property. If other City facilities allowed by this Agreement are installed at a later date, the City/Grantee
will be responsible for operation, maintenance of those public facilities.
9. INTERFERENCE WITH EASEMENT: The Grantor, its agents or assigns, shall not interfere in any way with the
Grantee's use of the Easement Property. In particular Grantor shall not alter the vegetation, hard surface, or other
improvements associated with the Easement Property. Grantor shall not install or construct any structures or
improvements within the Easement Property. Grantor shall not place, pile, or move snow or ice on to the Easement
Property. Prohibited structures or improvements include, but are not limited to, temporary or permanent building
structures, driveways, parking areas, sheds, change in elevations, vegetation, landscaping, and fences. Grantor shall
be expected to promptly remove any materials or objects it is directly, or inadvertently responsible for locating in the
Easement Property and interfering with the use of the Easement Property. If Grantor fails to remove these improper
materials or objects, Grantee may remove them at Grantor's expense.
10. USE OF EASEMENT BY OTHERS: Star Properties agrees that the City may temporarily assign the construction
and maintenance rights. identified herein 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 shall
be conducted in a skillful manner, and that Star Properties' interest in the Easement Property shall be protected to the
same extent as if the City itself was performing the construction and maintenance.
11. DEFAULT: If either Star Properties 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. Any party in
breach shall have thirty (30) days to cure any actual breach. However, the City may immediately take any actions it
believes is necessary to remedy any situation that materially interferes with the lawful use of the Easement Property
and/or poses a danger or hazard to the public.
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 of the Star
Properties and the City, their respective heirs, executors, administrators, successors, assigns, and legal
representatives.
13. 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 Easement 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 Easement Agreement.
14. INVALIDITY: If any term or condition of this Easement Agreement, or the application of this Easement Agreement
to any person or circumstance, shall be invalid or unenforceable, the remainder of this Easement 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.
15. NO THIRD PARTY BENEFICIARY: The terms of this Easement Agreement are for the benefit of the two parties
identified, as well as their successors and assigns, and it is not the intention of either Star Properties or the City that
other parties shall acquire any rights to enforce or benefit through this Easement Agreement.
16. MUNICIPAL LIABILITY: Nothing in this Easement 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.
Such damage limits, caps and immunities are intended to be preserved and incorporated into this agreement by the
municipality and its agents, offices, and employees. Such limitations and immunities shall apply to any dispute
related to this Easement Agreement, even if the statutory and/or common law limitation is based upon a tort.
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February 02, 2023
17. GOVERNING LAW: This Easement Agreement shall be construed and enforced in accordance with the laws of the
State of Wisconsin. Venue for any action regarding this Easement 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 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 Property.
FOR THE GRANTOR:
STAR PROPERTIES OF OSHKOSH, LLC
Attn: Kent Staerkel
888 Jackson St
Oshkosh, WI 54901
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh, WI54903-1130
19. AUTHORITY: The City affirms that all necessary boards and elected officials have approved the acceptance of this
Easement, and that the undersigned have the authority to sign this agreement on behalf of the City. Star Properties
affirms that it has the authority without limitation to enter into this Easement Agreement. The undersigned assert and
affirm that they have the authority without limitation to enter into this easement agreement on behalf of their
respective party.
SIGNATURE PAGE(S) FOLLOW
DRAFTED BY:
Attorney David J. Praska
Deputy City Attorney
Oshkosh, Wisconsin
3
February 02, 2023
written. IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day and year first above
GRANTOR
I am signing this document based upon the contents of a Statement of Authority filed with the State of Wisconsin
Department of Financial Institutions pursuant to Wis. Stat. 183.0302, which authorizes my signature to bind this
Limited Liability Company without restrictions applicable to this document. Alternatively, this Limited Liability
Company has not filed a Statement of Authority, but I explicitly assert that I do have the authority to bind the Limited
Liability Company to the terms of this document without limitation or restriction.
STAR PROPERTIES OF OSHKOSH, LLC.
By:
(print name) (title)
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this Z % day of c 1 \ , 2023 the above named —�w '� �6,k� , tome known
to be such person who executed the foregoing instrument and acknowledged the same, for the purpose hereirTcorilaifi&'. _'"•
No at ry Public, State of Wisconsim
My Commission expires:
GRANTEE
CITY OF OSHKOSH
By:
a A. Rohloff, City Mapaager
In
3al`e ' City i
fA?-" w-k te,*
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
�ia�a1�H-
Personally came before me this JA_ day of jU Iy , 2023, the above named Mark A. Rohloffand3essi�aleom
of the City of Oshkosh, to me known to be such persons wh executed the foregoing instrument and acknowledged the same, for
the purpose herein contained.,.
",,�����itrrir�iiiri
•�` SHINq '',
o ary ublic, State of Wisconsin ; ,.�N O �•,,ly�
My Commission expires: OU IOU Zolfo T,9 133
m APP COVE D S T FORM:
e ;� C/C -
LorenaqT Attorney
4
February 02, 2023
Exhibit A
Easement for Sidewalk
Parcel 05-0515-0000
Owner: Kent Staerkel
Address: 800 John Avenue
Being a part of the Southwest 1/4 of the Southeast 1/4 of Section 14, Township 18 North, Range
16 East, Fifth Ward, City of Oshkosh, Winnebago County, Wisconsin, bounded and described as
follows:
Commencing at the southeasterly corner of Lot 83 that is northwesterly of McKinley Street City's
Replat No. 2, the true point of beginning; thence westerly 5.0 feet along the northerly line of John
Avenue; thence northeasterly in a straight line a distance of 7.1 feet at a bearing of 44.84 degrees
to a point on the westerly line of McKinley Street; thence 5.0 feet southerly along the westerly line
of McKinley Street to the southeasterly corner of Lot 83, the true point of beginning.
Said easement contains 12.5 square feet or 0.000287 acres more or less.
EXHIBIT A (1 of 1)
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