HomeMy WebLinkAbout2023-12-20 Drainage Easement - 3300 MedalistNon Exclusive
Drainage Easement
THIS INDENTURE, made this _1' day of 2023
by City of Oshkosh, a Wisconsin municipal corporation; located in Winnebagi
County, Wisconsin, Grantor, and Marmax Holdings, LLC, an Illinois Limiter
Liability Company, Grantee.
IN CONSIDERATION of the sum of One Dollar ($1.00) and other goo
and valuable consideration paid by Grantee, the receipt of which is hereby
acknowledged, Grantor, its successors and assigns, does hereby give and gran
unto Grantee, its successors and assigns, and Grantee accepts, a non-exclusive
storm water drainage easement over, under, and through the land described in
this Agreement.
A•�
1
0 • 11
PAGES: 11
Recordine Area
Name and Return Address
City Attorney's Office
P.O. Box 1130
Oshkosh, WI54903-1130
91413670500,91413670400 &
L. PURPOSE:. The Easement Property described in this Agreement 91
shall be for storm water drainage purposes benefitting Grantee's Parcel Identificcationation NNu umber (PIN)
property adjoining the western boundary of the Easement Property. Grantee's adjoining property
benefitting from this Easement is tax parcel number 91413650302 and identified as Lots 1 and 2 of
Certified Survey Map 7062, although those two lots may be combined through an appropriate survey
at some point. Grantor's Property includes a creek and surrounded by other storm water -friendly
topography that is compatible with receiving storm water from Grantee's property. Grantor may
make alterations to its property but such alterations will -take Grantee's storm water drainage into
consideration and may result in the need to amend or revise this Easement in consideration of any
changes to the location or flow of storm water over and across the Easement Property. Grantee agrees
to cooperate with any such future amendments or revisions of the Easement Property.
2. GRANTOR PROPERTY: The Easement Property described herein is part of a larger Property
located in the City of Oshkosh, Winnebago County, Wisconsin, identified in Exhibit A, and more
particularly described through the recorded Certified Survey Map No. 5185, as:
Outlot 1 and Outlot 2 of Certified Survey Map No. 5185, recorded with the
Winnebago County Register of Deeds on January 10, 2003, as Document No.
122406 located in. the Southeast 1/4 of the Northeast 1/4 of Section 2, Township
17 North, Range 16 East, in the 14t` Ward, in the City of Oshkosh, Winnebago
County, Wisconsin.
EASEMENT PROPERTY: The Storm Water 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. BENEFITTING PROPERTY: The property benefitting from the terms of this Easement Agreement is
limited to Lots 1 and 2 of Certified Survey Map 7082, part of Section 2, Township 17 North, Range 16 East,
City of Oshkosh, Winnebago County, Wisconsin. Tax parcel 91519591300.
5. MAP: A map reflecting the location of the storm water drainage Easement granted in this Agreement is
attached as Exhibit C and is fully incorporated.
23, 2023
ACCESS RIGHTS: The storm water drainage from Grantee's Property is currently designed to be
comprised of mostly natural flow to, over, and across the Easement Property. Grantee has a transmission
pipe for some storm water drainage, but it ends prior to crossing into the Easement Property. Otherwise,
Grantee currently has no structures or artificial facilities such as pipes, inlets, outlets, or rip rap crossing
Grantee's Property into the Easement Property. Therefore, there should be no reason for Grantee to
physically access the Easement Property except for unique circumstances such as retrieval of debris that may
have originated from Grantee's Property. In all cases, Grantee shall receive permission from Grantor before
entering the Easement Property.
7. USE FOR STORM WATER MANAGEMENT SYSTEM: Grantee shall have the right to use the Easement
Property as part of the storm water management system for its private property adjacent to the Easement
Property. Grantee shall not materially change the flow of storm water from Grantee's Property to the
Easement Property without Grantor's permission. Any changes to the storm water flow including inlets,
outlets, pipes, overflows, and other storm water management facilities require approval from the Grantor
before installation, or commencement of work towards such installation.
8. MAINTENANCE: Grantee is responsible for maintaining its property and storm water flow originating from
Grantee's Property to ensure it continues as designed and as approved by Grantor. Grantee is responsible for
any debris originating from Grantee's Property and travels on and/or through the Easement Property or
downstream properties. Any Grantee storm water facilities that the Grantor approves for installation in the
Easement Property shall be the sole responsibility of Grantee.
9. INTERFERENCE WITH EASEMENT: Grantor may, at its sole discretion, modify the route and facilities that
handle storm water flowage through the Easement Property, and may make any lawful changes to the
Easement Property to address goals of natural conditions as well as incorporating Grantor's Property into the
public storm water maintenance system. Grantee shall not place, pile, or move snow or ice on to the Easement
Property. Grantee shall further be prohibited from installing and structures, buildings, landscaping, or storm
water facilities on the Easement Property without Grantor's consent. Grantor retains the sole discretion to
consent or deny consent to any request related to the use of the Easement Property. Grantee shall take
reasonable steps to prevent third parties from interfering in any way with the Easement Property.
10. 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.
11. 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 a Party's breach or negligence shall be reimbursed by the responsible party to
the other party within sixty (60) days of receipt of a bill for the same.
12. TERM: This Easement it being granted in perpetuity for current and future uses. Notwithstanding the
preceding sentence, in the event Grantee's Property is regraded, changed, modified, or otherwise altered so
that storm water from Grantee's Property travels in a different direction and does not use or need the Easement
Property for storm water purposes, then Grantee agrees to cooperate with Grantor and will execute all relevant
documents necessary to remove this Easement or related encumbrances from the Easement Property. All
August 23, 2023 2
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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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:
Marmax Holdngs , LLC
W229 N2512 Duplainville Rd
Waukesha, WI 53186
August 23, 2023
FOR GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh, WI 54903-1130
20. 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 PAGE FOLLOWS]
August 23, 2023 4
IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day and year
first above written.
MARMAX HOLDINGS, LLC
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 Liabil' Company without restrictions applicable to this document. Alternatively, this Limited Liability
Co y has not fil d a Statement of ority, but I explicitly assert that I do have the authority to bind the Limited
ability Compari to the t rms oft s ocument without limitation or restriction.
�ICk@/S��
By: �- O� AR Y
Z6F
es R. iott, aging M mber -
STAWI
) % cS'J; . SUB
WAUKESHA COUNTY ) ss. �, �'9TF O F ��c�G
Personally came before me this day of���' , 2023, the above named James R. Marriott, to
me known to be such person who executed the foregoing instrument anoaWmowledged the same, for the purpose
herein contained.
Notary Public, State of Wisconsin
My Commission expires: `7/10jZD-Z5-
CITY OF OSHKOSH
By:/
Mark A. Rohloff, City Manager
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
By:QL�
Diane M. Bartlett, City Clerk
Personally came before me this �1+A^ day of 2023, the above named Mark A. Rohloff and
Diane M. Bartlett of the -City of Oshkosh, to me known to be such persons who executed the foregoing instrument
and acknowledged the same, for the purpose herein contained.
"" l/) wZeA.2 042A
Notary Public, State of Wisconsin
My Commission expires: (A d
APP OVED AS O FORM:
r
Lynn . Lorenson, C)ty Attorney
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903-1130
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August 23, 2023 5
NO. 3974A CERTIFIED SURVEY MAP NO. SHEET -L OF-2—
PART OF THE S.E. 114 OF THE N.E. 1/4 OF SECTION 2, T17N, R16E, IN THE 14TH WARD,
CITY OF OSHKOSH. WINNEBAGO, COUNTY, WISCONSIN. g a
BEARINGS ARE REFERENCED TO THE SOUTH LINE OF THE N.E. 114
OF SECTION 2, T17N, R16E, WHICH HAS AN ASSUMED BEARING OF NORTH 89'1618" EAST.
• DENOTES ONE INCH IRON PIPE FOUND (UNLESS OTHERWISE NOTED), z
O DENOTES 314 INCH DIAMETER IRON ROD 24 INCHES LONG SET, WEIGHING
1.50 LBS PER LINEAL FOOT. •
SUBDI %4DER: N g 1 /4_ N_E• 1 /4 N89 50 ,1 O �E UNPLATTED LANDS (S89 22'15 E')
CITY OF OSHKOSH — +315 Na9ao'to771.33'
206.9 E N89'50'10'E *735' _ 1
_ 1.10' NORTH LINE OF THE S.E. 1/4 i51.a4 _ O_ 3 _ _ _ _ .....— . — .—Pt _ .1
— — THE N.E. 1/4 OF SECTION 2 I
j FOUND 1' IRON PIPE I i I"—
Q4' %EST AND w
O. f' NORTH OF TRUE.
rn
UR a I
Q I ,lest 14.
t a'ost 'Z— 2 j tO.1
Zia �I*'d �3. OQo , 4 Y 'm 1 I I «I �I
8 SI = ti i n 9outA i N �' 1H.9 rSiS* �1 TOP OF
t IIE��f N I _BANK I C4 w l
O Q <I I FOUND I' IRON PIPE :5 ? O IRON PIPE 75'f 1 I I 2
Z �.7 0.2' WEST OF TRUE [�I `,O �1 61
O 21 1 ((N88'59'S7 F� z Z 0.2' HEST "'�1 Z,I a �• � I
N89'1129 E I /NORTH of � i l
h
TRUE. I CENTERLINE �•
Lu Lu 357.24' I OF STREAM
3.6 OUTLOT 2
269 4444.3ASO. Fr W I
o OUTLOT 1�1�y'/j
W 1.7944 ACRES
f-, z 78,162 So. FT.�. S.1�4—N.E^ �j �I
O° TO THE MEANDER LINE .•� — — — — W •
8 W N 2.80f ACRES
GS 121895t SO. FT. p► y �/ / '
1=n O j O TO THE CENTERLINE cf, y`L°j; pip 4��9 TAX PARCEL
OF THE STREAM. �� // 1413670000 I I SZ�S
1
U U --H „� / A SEPARATE I LOT 1 C.S.M. NO_4080
Z W _uaI CERTIFIED SURVEY I r
0 Cn Tn 2 �BMAP
PR WILL
LOT 1 C S'M_ NO. 2809
FOR THIS AREA. I 1 g
TOP OF'
BANK
O cppp �y,9j ALL MEANDER I I 1,QT 1 S,.$M Np.-2B08 ! N
■W o / / CORNERS.ARE I
Z .0'�•;�// CENTERLINE +20'OFFTOP OF OF
ry / OF STREAM
for 1L z
C.^aM. NO. 87a
C7TF & 5SRKOSH SOUTH LINE OF THE N.E. 114
(N89'55.45' W) 300 4 01-W OF SECTION 2. I 1
1322.018'E f2T _ / — 51B.41' — ------
T 9'16'1B"W (S8935'45"E) S89'16-45- r 731.02'
C. 114 CORNER \ — — — — — . — — — / — CN89�5'45'Nj E. S CTION 2 ER
SECTION 2 (BERNTSEN MONUMENT)
(BERNTSEN MONUMENT) 35TH AVENUE 66 FT.
SCALE: 1 " = 200'
2644.00' BETWEEN SECTION CORNERS
1 u u u l llu.. O' 50100' 2 O' 4 O'
NO. 3974A
mnV;r"R> Ia 11 941019
ROEHLIG
LAND SURVEYING
8c
CONS LILTING
A Division of RA. Smith and Associates
2850 Universal Street • Oshkosh W1 • 54904
(920) 233-2884
NO. 3974A p / SHEET 2-OF
CERTIFIED SURVEY MAP NO. ,Sl 96
PART OF THE S.E. 1/4 OF;THE N.E. 1/4 OF SECTION 2, T17N, R16E, IN
THE 14TH WARD,_ IN THE CITY OF OSHKOSH, WINNEBAGO COUNTY,
WISCONSIN.
SURVEYORS CERTIFICATE
STATE OF WISCONSIN)
:SS
WINNEBAGO COUNTY)
I, Christian Hausfeld, Wisconsin Registered Land Surveyor do
hereby certify;
THAT I have surveyed, divided and mapped part of the S.E. 1/4 of
the N.E. 1/4 of Section ' 2, T17N, R16E, IN THE 14TH. Ward, City of
Oshkosh, Winnebago County, Wisconsin, which is bounded and
described as follows;
COMMENCING AT THE C. 1/4 CORNER OF SAID SECTION, THENCE NORTH
89016'18" EAST ALONG THE SOUTH LINE OF SAID 1/4 SECTION 1322.00
FT. TO THE S.W. CORNER OF S.E. 1/4 OF THE N.E. 1/4 OF SAID
SECTION; THENCE NORTH 00°48101" EAST ALONG THE WEST LINE OF SAID
1/4-1/4 SECTION 86,76 FT. TO A MEANDER CORNER BEING 60 FT. MORE OR
LESS FROM THE CENTERLINE OF A NAVIGABLE STREAM AND BEING THE POINT
OF BEGINNING; THENCE CONTINUING NORTH 00048101" EAST ALONG SAID
WEST LINE 811.99 FT.; THENCE NORTH 89011129" EAST 357.24 FT.;
THENCE NORTH 00009'24" WEST 454.26 FT.; THENCE NORTH 89°50110"
EAST 206.91 FT. TO A MEANDER CORNER 36 FT. MORE OR LESS FROM THE
CENTERLINE OF A NAVIGABLE STREAM; THENCE SOUTH 03003107" EAST
ALONG A MEANDER LINE RUNNING ALONG THE WEST SIDE OF SAID STREAM
495.39 FT.; THENCE SOUTH 35025140" WEST ALONG SAID MEANDER LINE
165.89 FT.; THENCE SOUTH 41'04103" WEST ALONG SAID MEANDER LINE
329.63 FT; THENCE SOUTH 36000129" WEST ALONG SAID MEANDER LINE
319.71 FT; THENCE SOUTH 36032128" WEST ALONG SAID MEANDER LINE
167.78 FT., TO THE POINT OF BEGINNING. INCLUDED ARE ALL LANDS
LYING BETWEEN THE DESCRIBED MEANDER LINE AND THE CENTER OF THE
NAVIGABLE STREAM.
THAT I have made this survey by the direction of Douglas Pearson,
Representative of Chamco Inc.', agent for the city of Oshkosh.
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 of
the Wisconsin Statutes and the Land Subdivisi n Ordina-Kce of the
City of Oshkosh.
I1-)1-6Z
Date
l
Christian Hausfe d, Registered
Wisconsin Land Surveyor S-2492
�CHRISTIAN A.
HAUSFELD -
2492
OSHKOSH
'A'fINri Q,
nn11lim
NO. 3974A SHEET-3 OF 3
CERTIFIED SURVEY MAP NO.-J IDS
PART OF THE S.E. 1/4 OF THE N.E. 1/4 OF SECTION 2, T17N, R16E, IN
THE 14TH .WARD, IN THE •CITY OF OSHKOSH, WINNEBAGO COUNTY,
WISCONSIN.
OWNERS CERTIFICATE
AS A REPRESENTATIVE OF Ghamco Inc., Agent for the City of Oshkosh,
said city being a corporation duly organized and existing under
and by virtue of the laws of the State of Wisconsin, I hereby
certify that I_ caused the land described on this map to be
surveyed, divided and mapped as represented on this map in
accordance with the Winnebago County. and the City of Oshkosh
Subdivision Ordinances.
WITNERI-q the hand and seal of said Representative this'
of r ,o , 2002.
Doug as Pearson
STATE OF WISCONSIN)
.SS
WI ..Ago COUNTY)
�G'Yame before ; me this
rjEr g �5 day of 2002 the
o �d Douglas Pearson to me known to be the person who
te,foregoing instrument and acknowledged the same.
My Commission Expires
c; p
�Nmt7b- 1 Winnebago.
C uD}.�r•-•'��tate of Wisconsin
CITY OF OSHKOSH PLANNING COMMISSION
CERTIFICATE OF APPROVAL.'
This Certified Survey Map of part of the S.E. 1/4 of the N.E. 1/4
of Section 2, T17N, R16E, IN THE 14TH Ward, City of Oshkosh,
Winnebago County, Wisconsin, is hereby a proved.
Date ty P anning Commission
Representative
THIS COCUMENT AS X)RAFTED SY `\``\_\' r �C.)N'
or
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Drainage Easement
Benefit from Easement: Marmax Holding, LLC (Parcel 141-365-03-02)
Grantor: City of Oshkosh
Easement being part of Outlot 1 and Outlot 2 of Certified Survey Map No. 5185, being Part of
the Southeast 1/4 of the Northeast 1/4 of Section 02, Township 17 North, Range 16 East, City
of Oshkosh, Winnebago County, Wisconsin, containing 122,025± Square Feet (2.8013±
Acres) of land described as follows:
Beginning at the Southeast Corner of Lot 2 of Certified Survey Map No. 7062; thence
N00009'24"W along the east line of said Lot 2 and the west line of Outlot 2 of Certified Survey
Map No. 5185, 454.26 feet to the north line of said Outlot 2; thence N89050'10"E along said
north line, 206.91 feet to a meander corner which is S89050'10"W, 50 feet more of less from
the centerline of stream; thence S03°03'07"E along the meander line, 495.39 feet to a
meander corner which is N73°48'48"W, 24 feet more or less from the centerline of stream;
thence N73048'48"W, 58.25 feet to the east line of Outlot 2 of Certified Survey Map No. 5185;
thence N82022'03"W, 177.67 feet to the Point of Beginning. Easement area includes all land
west and to the centerline of described. stream and within the bounds of the described area.
Described easement is subject to all easements and restrictions of record.
**SEE EXHIBIT**
�- DAVEL ENGINEERING &
ENVIRONMENTAL, INC.
Civil Engineers and Land Surveyors
1164 Province Terrace, Menasha, Wl 54952
E��pyru Ph: 920-991-1866 Fax: 920-441-0804 Exhibit B (1 of 1)
www.davel.pro
File: 2889CSM2.dwg
Date: 08/21 /2023
Drafted By: scoff
Sheet: Esmt. Desc.
Exhibit
Unplatted Lands
Oshkosh Corooratic
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Lot 2 CSM 7062
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DAVEL ENGINEERING & 0 70 140
ENVIRONMENTAL, INC.
Civil Engineers and Land Surveyors Bearings are referenced to
1164 Province Terrace, Menasha, WI 54952 File: 2889CSM2.dwg Certified Survey Map No. 5185.
Ph: 920-991-1866 Fax: 920-441-0804 Date: 12/15/2023
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www.davel.pro Drafted By: scoff Exhibit C (1 of 1)
Dec 15, 2023 — 10:36 AM J:\Projects\2889fie\dwg\Civil 3D\2889CSM2.dwg Sheet: Exhibit