HomeMy WebLinkAbout2023-12-11 Drainage EasementPark Trail Easement
Document Number Document Title
THIS INDENTURE, made this /54 day of 410 ®'ey' , 2023,
by and between the THE PRESERVE AT SAWYER CREEI
CONDOMINUM OWNER'S ASSOCIATION, INC., a Wisconsin Non
Stock Corporation, Grantor, and the CITY OF OSHKOSH, a Wisconsi
Municipal Corporation, Grantee, located in Winnebago County, Wisconsin.
7Tcl��f �i7
Recording Area
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good Name and Return Address
and valuable consideration paid by the Grantee, the receipt of which is City Attorneys Office
P.O. Box 1130
hereby acknowledged, the Grantor, its successors and assigns, does hereby Oshkosh, 145� 903-11
give and grant unto the Grantee, its successors and assigns, and Grantee I I J,%(f1n
accepts, a Park Trail easement over and through the land described herein.
PURPOSE: This Easement will allow the construction,
maintenance, and use of a Park Trail connecting Grantor's
private street within its condominium development with a
Park Trail within Grantee's adjoining park and recreation. area.
The Park -Trail will be used for public recreation purposes that
are consistent with the City's Park policies. The Park Trail
will benefit both Grantor's Property and the public. The Park
Trail wilfallow Trail access to and from internal private
pedestrian paths within Grantor's residential property, but the
Park Trail easement will not extend into Grantor's private
street, Preserve Drive.
91346000201,91346000202,
91346000203,91346000204,
91346000205,91346000206,
91346000207,91346000208,
91346000209,91346000210,
91346000211,91346000212,
91346000213,91346000214,
91346000215,91346000216,
91346000217,91346000218,
Q1346000219,91346000120,
91346000221, 91346000222,
91346000223
Parcel Identification Number (PIN)
2. GRANTOR PROPERTY: The Easement Property described herein is within Grantor's residential
condominium development known as The Preserve At Sawyer Creek, A Condominium. The
Condominium was formed through a Declaration of Condominium which was recorded with the
Winnebago County Register of Deeds on November 04, 2019, as Document Number 1802779.
The Condominium development includes Common Elements of which the unit owners own
fractional interests. The Easement Property is located within the Condominium's Common
Elements.
3. EASEMENT: The Grantor grants, and the Grantee accepts, the following:
a. A 10 foot Park Trail Easement over, under, and through the Easement Property described in
this Agreement, together with the Access Rights described in this Agreement. The Park Trail
will be designed, constructed, and maintained at the discretion of the Grantee. The Park Trail
Easement is allowed to be used for all lawful, non -motorized purposes that are consistent
with City of Oshkosh Park rules and conditions. The parties acknowledge that this Park Trail
Easement is located on and within a Sanitary Sewer Easement that was previously granted to
the Grantee
b. A 30 foot temporM,, limited use Construction Easement overlaying the Park Trail Easement
beginning at the north line of the Limited Corr,raon Element areas for 1800 Preserve Drive,
and 1813 Preserve Drive, and extending northeasterly to Grantee's adjoining park property.
The Construction Easement will be entirely within the Condominium Common Elements and
bby 03, 2023
also overlays the northerly part of the Grantee's Sanitary Sewer Easement that was previously
granted. This Construction Easement will only be used for a reasonable time and purpose
when reasonably necessary during construction and/or maintenance of the Park Trail.
4. CONSIDERATION: The parties agree to this for one dollar ($1.00) and other good and valuable
consideration. Each party acknowledges that the non -monetary consideration received through
this Agreement is considerable and is sufficient to result in the promises each has made herein.
PARK TRAIL, EASEMENT PROPERTY: The 10 foot Park Trail Easement granted in this
Agreement shall be over, under, and through Grantor's Property situated in the City of Oshkosh,
Winnebago County, Wisconsin, and more particularly described as follows (Park Trail Easement
Property):
Park Trail Easement Property Description attached as Exhibit A
CONSTRUCTION EASEMENT PROPERTY: The 30 foot temporary, limited Construction Easement
granted in this Agreement shall be over, under, and through Grantor's Property situation in the City of
Oshkosh, Winnebago County, and more particularly described as follows (Construction Easement
Property):
Construction Easement Property Description attached as Exhibit B
7. MAI': Maps reflecting the location of the 10 foot Park Trail Easement and 30 foot Construction Easement
are attached to this Agreement within Exhibits A and 13.
ACCESS RIGHTS: Grantee shall have tie right to access and use the Easement Property, both Park Trail
and Construction, for any purpose related to the intended uses including, without limitation, construction,
inspections, maintenance, and repairs. In addition to accessing the Easement Property, both Park Trail and
Construction, from Grantee's adjoining park property, Grantee will have the limited, temporary right to
access the Easement Properties; both. Park Trail and Construction, through Grantor's private street,
Preserve Drive, to carry out the aforementioned activities. Such access shall not be materially disruptive
and shall not block driveways. Grantee shall take reasonable steps to minimize any adverse effect to the
surface of Preserve Drive and shall be responsible for material damages to the surface. Grantee shall not
allow vehicles, equipment, or objects to remain on Preserve Drive overnight.
USE AS A PARK TRAIL: The Grantee will construct and maintain an S or 10 foot wide Park Trail
within the Park Trail Easement Property, along with signage or trail features deemed appropriate at the
Grantee's sole discretion. The construction materials and methods shall be at the Grantee's sole
discretion. The Park Trail will connect Grantor's private street within its condominium development with
a Park Trail within Grantee's adjoining park. area. Grantor agrees to allow the public to travel across the
Park Trail through the Easement Property for all lawful purposes. However, Grantor does not state or
imply that it consents to having the public continue from the Park Trail onto and over Preserve Drive. To
the extent such incidents occur, Grantor does have jurisdiction to address such issues, and Grantor may
post signage outside of the Park Trail Easement Property, or take any lawful action that it deems
appropriate.
10. MAINTENANCE: Grantee shall be responsible for maintaining, repairing, and replacing the surface of
the Park Trail. Grantee shall repair grass areas adjacent to the Park Trail that are disrupted by the
Grantee's construction and/or maintenance of the Park Trail. Repairing grass areas will consist of grading,
seeding, and mulching. The Park Trail is not a sidewalk as defined by Municipal Code or other statutes or
regulations, and therefore will not be maintained in the same or similar manner as sidewalks. Grantee will
maintain the Park Trail in the same or similar manner as its general guidelines for maintaining its parks
and Park Trails. For example, the Grantee is not obligated to remove snow and ice from the Park Trail.
Grantor is responsible for mowing and maintaining any grass adjacent to the Park Trail and within the
Easement Property, both Park Trail and Construction. Grantee will notify Grantor prior to any material
maintenance to be performed on the Easement Property.
.May 03, 2023 2
11. INTERFERENCE WITH EASEMENT: Grantor, its heirs, agents, or assigns, shall not interfere with the
Grantee's use of the Easement Property and shall not construct any new or additional structures,
improvements, or landscaping within the Easement Property. Grantor shall not place, pile, or move snow
or ice on the Easement Property. Prohibited new changes, structures, or improvements include, but are not
limited to, temporary or permanent building structures, parking areas, sheds, change in elevations,
vegetation except grass, landscaping, signs, or fences unless otherwise approved in writing by the Oshkosh
Parks Director. Grantor shall promptly remove any objects, materials, or structures which are not
approved, or which impede the Grantee's access and/or use of the Easement Property. If Grantor fails to
remove these materials or any obstruction, Grantee may remove them at Grantor's expense. The Grantor
shall take reasonable steps to prevent third parties from interfering in any way with Grantee's use of the
Easement Property.
12. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign its
construction, maintenance, -and inspection rights identified herein to any contractor, third party, or other
person. Assignees must demonstrate to the Grantee that they have sufficient competence and must give
adequate assurances that any work to be performed in or around the Easement Property shall be conducted
in a skillful manner. Assignees must also protect the Grantor's interest in the Easement Property to the
same extent as if the Grantee was itself performing the activity.
13. DEFAULT: If either party reasonably believes that the terms of this Easement have been breached, then
they shall provide written notification of the alleged breach. 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 parry's obligation to cure. Notwithstanding the foregoing,
the Grantee is entitled to ensure the continuous proper functioning of its Park Trail without waiting sixty
(60) days. Grantee shall have 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 continued functioning of Grantee's Park Trail.
14. TERM: These Easements, both Park Trail and Construction, are being granted in perpetuity for public
purposes and uses, both current and future, without regard to the Grantee's use of the Easement Properties
at any particular time. The Construction Easement is intended to be limited in time and scope when used,
but is intended to continue to exist for the entire period the Park Trail exists. All rights, title and privileges
herein granted; including benefits and burdens, shall run with the land and shall be binding upon and imire
to the benefit of the Grantor and Grantee, their respective heirs, executors, administrators, successors,
assigns, and legal representatives.
15. 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.
16. 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.
17. 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 Grantor or Grantee that other parties shall acquire any
rights to enforce or benefit from through this Agreement. For purposes of clarification, although each
Condominium unit owner has a percentage ownership interest in the Common Area. as well has having
certain rights in the Condominium Association, it is not intended that any unit owner individually has an
interest in this Agreement but instead may assert interests through the Condominium Association as is
allowed by statute and the organizational documents.
Mav 03, 2023 3
18. 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.
19. 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 parry'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.
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: 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 the on -site manager 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, 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:
The Preserve at Sawyer Creek
Condominium Owner's Association, Inc.
c/o Chair
1970 Preserve Drive
Oshkosh, WI 54904
City of Oshkosh
c/o Parks Director
P.O. Box 1130
Oshkosh, WI 54903-1130
22. AUTHORITY: Each party asserts to the other that they have the authority to enter into this Agreement,
and each signatory asserts to the other that they have the authority to legal bind the entity that they
represent.
a. The Grantor asserts and affirms that the Easement Property is within the Condominium Association
Common Area and therefore it is authorized by statute, and more particularly Wis. Stat. 703.15, along
with the terms of both the Declaration of Condominium, as amended, and Bylaws, as amended, to
May 03, 2023 4
enter into this Agreement. The undersigned assert and affirm that they have authority to bind the
Association without limitation based on statutes and organizational documents.
b. The Grantee affirms that all necessary boards, Common Council, and public officials have authorized
and approved entering into this Agreement. The undersigned asserts and affirms that they have they
have the authority without limitation to enter into this Easement Agreement on behalf of the Grantee.
SIGNATURE PAGE FOLLOWS
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903-1130
May 03, 2023 5
IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day and year
first above written.
THE PRESERVE AT SAWYER CREEK
CO O NER'S ASSOCIATION, INC.
By:
*nghd R. Carver, Chair
By: JR209Zwe, AT
(print name) (title)
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this! 5 fi day of N 0O LT— , 2023, the above named Raymond R. Carver,
to me known to be such person who executed the foregoing instrument and acknowledged the same, for the purpose
herein contained. ftMOLIVI
Notary Public State of Wisc^o�r q�,
My Commission expires: mil �-� nV�,;
STATE OF WISCONSIN
) ss.
WINNEBA7the
Lbe
Personame this da 2023, the above
own a such person who executed the foregoing mstrument�an'd
acknowledge purpose herein contained.
Notary Public, State of Wisconsin
My Commission expires:
CITY OF OSHKOSH
By: / - By:
Mark A. Rohloff, City Manager Diane Bartlett, City Clerk
STATE OF WISCONSIN )
SS.
WR%NEBAGO COUNTY }
Personally came before me this J day of—Nd 2023, the above named Mark A. Rohloffand
Diane Bartlett of the City of Oshkosh, to me known to be such persons who executed the foregoing jpatt*avSv*,and
acknowledged the same, for the purpose hereiYi5 nta' ned. \N A M
BPS , -
_ otary Public, State of Wisco sin ;' �Q Tq��',;�
My Commission expires: p1yOlo j202b
APP. VED . O ORiVi:Nz
A co
: U'�•• AUB L1G
I renson, Attorney '����''�.,�F WISG�C.•`��•
fay 03, 2023 6
LEGEND
O 3/4" REBAR FOUND
GOVERNMENT CORNER (AS NOTED)
— — — EXISTING EASEMENT
— — — PROPOSED EASEMENT
SCALE 1" = 50'
COMMON ELEMENT
UNIT
16
EXISTING\
15' PEDESTRIAN ���
TRAIL EASEMENT
R=106.00'\'/`1
CHORD BEARING= N 38'45'27" ECHORD LENGTH= 50.96'ARC LENGTH= 51.47'DELTA= 28'05'11"/
30' TEMPORARY
If
CONSTRUCTION / / / If
EASEMENT
EXISTING
40' SANITARY
SEWER EASEMENT / cv� mQ� FM m
R=86 78'
CHORD BEARING= N 30.33'50" E�
CHORD LENGTH= 13.33'
ARC LENGTH= 13.35'
DELTA= 11'37'46'
UNIT
15
10'
PEDESTRAIN
TRAIL
EASEMENT,
LOT 2 CSML47.82
D9=5.002
MM—Bg o mm
.W—W—sm—sm—
S 00"06,36" E
12.94'
CHORD BEARING= S 38.24'07" W
CHORD LENGTH= 38.49'
ARC LENGTH= 38.76'
DELTA= 23'22'31"
=/ 10.% Q //y LOT 1_ CSML4282
H90-j5U§.7
R=75.14'
CHORD BEARING= S 30.18'44" W
/ CHORD LENGTH= 14.85'
ARC LENGTH= 14.67'
DELTA= 11'11'09"
/ '-,, COMMON ELEMENT
FIRST ADDENDUM TO
THE PRESERVE AT SAWYER CREEK, / // j / UNIT
A CONDOMINIUM / j ; 14
POB /
R=42.00'
/ CHORD BEARING= N 8325'41" W
CHORD LENGTH= 10.12'
SOUTHWEST �j ARC LENGTH= 10.15'
L(FOUND
CORNER��� DELTA= 13.50'45"
/ I
9 T.18N, R.16E ��� /
RAILROAD NORTH 635.52'
��i �� (TIE)
E)1216.44' /�
---------------
S. LINE — SW 1/4 SEC.29�� S 89e07'34" E 2731.96'
SOUTH 1/4 COtCAP)
SEC.29 T.18N,
(FOUND 4" ALUM
1515.52'
IME RETTLER LAND SURVEY DIVISION THIS INSTRUMENT WAS DRAFTED BY ANDREW COFRAN
c o r p o ratio n REGISTERED LAND SURVEYOR AND DRAWN BY ANDREW COFRAN
. 3317 Business Park Drive, Stevens Point, Wl 54461 ANDREW COFRAN #3266
Telephone: 715-341.2633, Fax: 715-341-6431 715-341-2633 JOB #22.028 SHEET 1 OF 2 SHEETS
• email: info Q rettler.com, website: v .rettler.com '
EXHIBIT A (1 OF 2)
BEING PART OF THE SOUTHWEST % OF THE SOUTHWEST % OF SECTION 29, TOWNSHIP 18 NORTH,
RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST 1/4 CORNER OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 16 EAST
AND RUNNING THENCE S 89°07'34" E ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER, 1216.44
FEET; THENCE NORTH 635.52 FEET TO THE SOUTHEAST CORNER OF UNIT 15 OF A CONDOMINIUM PLAT
KNOWN AS'FIRST ADDENDUM TO THE PRESERVE AT SAWYER CREEK, A CONDOMINIUM' AS RECORDED
WITH WINNEBAGO REGISTER OF DEEDS AS DOC# 1853236, BEING THE POINT OF BEGINNING;
THENCE N 35°34'39" E ALONG THE EAST LINE OF SAID UNIT 15, 123.39 FEET TO THE NORTHEAST
CORNER OF SAID UNIT 15, BEING A POINT TANGENT TO A CURVE TO THE LEFT, HAVING A RADIUS OF
65.78 FEET, A CHORD BEARING N 30°33'50" E, CHORD LENGTH 13.33';
THENCE ALONG SAID CURVE 13.35 FEET TO A POINT OF TANGENCY;
THENCE N 24°42'51" E, 88.96 FEET TO A POINT TANGENT TO A CURVE TO THE RIGHT, HAVING A RADIUS
OF 105.00 FEET, CHORD BEARING N 38°45'27" E, CHORD LENGTH 50.96 FEET;
THENCE 51.47 FEET ALONG SAID CURVE TO A POINT ON THE WEST LINE OF LOT 2 OF CSM #4762 AS
RECORDED WITH WINNEBAGO REGISTER OF DEEDS AS DOC# 1155167;
THENCE S 00°06'36" E ALONG SAID CSM, 12.94 FEET TO A POINT ON A NON -TANGENT CURVE TO THE
LEFT, HAVING A RADIUS OF 95.00 FEET, CHORD BEARING S 36°24'07" W, CHORD LENGTH 38.49 FEET;
THENCE ALONG SAID CURVE 38.76 FEET TO A POINT OF TANGENCY;
THENCE S 24°42'51" W, 88.96 FEET TO A POINT TANGENT TO A CURVE TO THE RIGHT, HAVING A RADIUS
OF 75.14 FEET, CHORD BEARING S 30"18'44" W, CHORD LENGTH 14.65 FEET;
THENCE ALONG SAID CURVE 14.67 FEET TO THE NORTHWEST CORNER OF UNIT 14 OF SAID
CONDOMINIUM PLAT;
THENCE S 35°34'39" W ALONG THE WEST LINE OF SAID UNIT 14, 122.38 FEET TO A POINT ON A
NONTANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 42.00 FEET, CHORD BEARING N 63°25'41" W,
CHORD LENGTH 10.12 FEET;
THENCE ALONG SAID CURVE 10.15 FEET TO THE POINT OF BEGINNING AND THERE TERMINATING.
CONTAINING 2,708 SQ.FT. (0.062 ACRES) MORE OR LESS.
SHEET 2 OF 2
EXHIBIT A (2 OF 2)
LEGEND
O 3/4" REBAR FOUND
GOVERNMENT CORNER (AS NOTED)
— — — EXISTING EASEMENT
PROPOSED EASEMENT
COMMON ELEMENT
\ \\ � Gj LOT 2 CSM�4782
EXISTINGf\\ �� DQc;�.11`z�.163
15' PEDESTRIAN —�� �R�
TRAIL EASEMENT .
30' TEMPORARY
CONSTRUCTION
EASEMENT
EXISTING
40' SANITARY
SEWER EASEMENT
/ CHORD BEARING= N 60'43'12" W /
CHORD LENGTH = 13.22' /
ARC LENGTH= 13.22'
DELTA= 05'21'09" /
UNIT
15
10'
UNIT PEDESTRAIN
16 TRAIL
EASEMENT/ /
/
S 89.11'49' E��
23.53''Q�
sin
� v
o.�
-POB
ii
S 57'30'13" E
COMMON ELEMENT
—ySAN — SAN— SAN — SAN —
S 00'06'36" E
30.00,
SLOT LINE
N 89'11'49" W
5.09'
CHORD BEARING= N 68'12'46" W
CHORD LENGTH= 6.90'
ARC LENGTH= 8.90'
DELTA= 02'28'53"
FIRST ADDENDUM TO
THE PRESERVE AT SAWYER CREEK, / // / UNIT
A CONDOMINIUM ; ; ; 14
POB
SOUTHWEST G i
1/4 CORNER �Q, VV i
SEC.29 T.18N, R.16E /
(FOUND RAILROAD
SPIKE) �L�
1288.24' ------------------
S. LINE — SW 1/4 SEC.291-�� S 89e07'34" E
LOT 1-99ML4382
LOCLU55j§7
2 _31L PME$$
NORTH 737.01' SOUTH 1/4 CORNER
(TIE) SEC.29 T.18N R.16E
FOUND 4" ALUMINUM
_ _ _ _ _ _ _ 1443.72' CAP
2731.96' — —
LAND SURVEY DIVISION THIS INSTRUMENT WAS DRAFTED BY ANDREW COFRAN
i� . RETTLER corporation REGISTERED LAND SURVEYOR AND DRAWN BY ANDREW COFRAN
. 3317 Business Park Drive, Stevens Point, W154461 ANDREW COFRAN #3266
Telephone: 715-341-2633.Fax 715-341-0431 715-341-2633 JOB #22.026 SHEET 1 OF 2 SHEETS
• email: info ® rettler.corn, website: www.retller.com
EXHIBIT B (1 OF 2)
BEING PART OF THE SOUTHWEST ''/a OF THE SOUTHWEST ''/a OF SECTION 29, TOWNSHIP 18 NORTH,
RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST QUARTER CORNER OF SECTION 29, TOWNSHIP 18 NORTH, RANGE
16 EAST AND RUNNING THENCE S 89°07'34" E ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER,
1288.24 FEET; THENCE NORTH 737.01 FEET TO THE NORTHEAST CORNER OF UNIT 15 OF A
CONDOMINIUM PLAT KNOWN AS'FIRSTADDENDUM TO THE PRESERVE AT SAWYER CREEK, A
CONDOMINIUM' AS RECORDED WITH WINNEBAGO REGISTER OF.DEEDS AS DOC# 1853236, BEING THE
POINT OF BEGINNING;
THENCE RUNNING 13.22 FEET ALONG THE ARC OF A 141.52 FOOT RADIUS CURVE TO THE LEFT, HAVING
A CHORD BEARING N 60°43'12" W, CHORD LENGTH 13.22 FEET;
THENCE N 26°19'33" E, 144.02 FEET;
THENCE S 89°11'49" E, 23.53 FEET TO.THE WEST LINE OF LOT 2 OF CSM #4762 AS RECORDED WITH
WINNEBAGO REGISTER OF DEEDS AS DOC# 1155167;
THENCE S 00°06'36" E ALONG THE WEST LINE OF SAID CSM PASSING A 3/41N REBAR FOUND AT 25.87
FEET, FOR A TOTAL LENGTH OF 30.00';
THENCE N 89°11'49" W, 5.09 FEET TO AN ANGLE POINT ON AN EXISTING SANITARY SEWER EASEMENT
PER CSM #6331;
THENCE S 26°19'33" W, 127.71 FEET TO A POINT ON THE NORTH BOUNDARY OF UNIT 14 OF SAID
CONDOMINIUM PLAT;
THENCE RUNNING 6.90 FEET ALONG THE ARC OF A 159.28 FOOT RADIUS CURVE TO THE LEFT, HAVING A
CHORD BEARING N 57-27'12" W, CHORD LENGTH 6.90 FEETTO THE NORTHWEST CORNER OF UNIT 14;
THENCE N 57°30'13" W,10.01 FEET TO THE POINT OF BEGINNING AND THERE TERMINATING.
CONTAINING 4,486 SQ. FT. (0.103 ACRES) MORE OR LESS.
SHEET 2 OF 2
EXHIBIT B (2 OF 2)