HomeMy WebLinkAbout2024-10-28 Encroachment - 216 State StreetEncroachment Agreement D O C # 1932968
Document Number NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
10/28/2024 12:44 PM
RECORDING- FEE: 30.00
CITY OF OSHKOSH
PROPERTY OWNER
This document drafted by:
David J. Praska, Deputy City Attorney
City of Oshkosh, Wisconsin
PAGES: 8
and Return Address
City Attorney's Office
PO Box 1130
90200206100
Parcel Identification Number
October 14, 2024
REVOCABLE ENCROACHMENT AGREEMENT
.This Agreement is between the City of Oshkosh ("City"), and Team SNW LLC ("Owner").
The parties enter into this Agreement for $1.00 and other good and valuable consideration, the
sufficiency and receipt of which is acknowledged.
A. The Owner is the fee owner of Property commonly known as 216 State Street, which is more
particularly described as follows:
Lot One (1) of Certified Survey Map Number 8100, recorded with the Winnebago
County Register of Deeds on January 01, 2024, as Document Number 1916711; being
part of the Northeast I/4 of the Southeast V4 of Section 24, Township 18 North, Range 16
East, City of Oshkosh, Winnebago County, Wisconsin.
B. The Property's West boundary adjoins a public right-of-way used for various public utilities,
public sidewalks, and a public vehicular way commonly known as State Street. The City
currently owns and/or is responsible for maintenance of the right-of-way for this section of
State Street and therefore has the authority to enter into this Agreement.
C. The Owner proposes to install one (1) awning -type structure consisting of a wood frame with
copper shingles that would be attached to the building fagade above the front door and will
project/Encroach into the State Street right-of-way. The awning -type structure will extend
no more than four feet four inches (4' 4") from the fagade and into the State Street right-of-
way. The awning -type structure will be no less than twelve feet five inches (12' 5") above
the sidewalk, excepting two wooden braces near the fagade which will be angled and
therefore of varying distances closer to the sidewalk. The Encroachment is shown along
with applicable measurements are attached as Exhibit A.
D. No structure or object is allowed to encroach into a public right-of-way without the City's
permission. The proposed awning -type structure will extend into the public right-of-way and
therefore require the City's permission before installation.
E. The City has reviewed the Owner's request to allow this Encroachment into the public right-
of-way. The City will allow the placement of the awning subject to the terms of this
Encroachment Agreement. A material component of this Agreement is the explicit
understanding that the City's permission for Encroachments do not create or give the Owner
any property right and instead is personal to the Owner and is completely revocable without
compensation by the City.
F. This Encroachment consisting of the awning will be allowed to project into the right-of-way
at 216 State Street, provided that this Encroachment is materially similar to the design and
specifications submitted for the City's approval as described in Exhibit A.
G. The City's permission for this Encroachment is contingent upon the initial, and continuing,
compliance with all applicable local, state, and federal codes and rules. The Encroachment
shall comply with City Ordinances, and state and federal laws and regulations regarding
related to subjects including signs, streets, building code, and sidewalks.
H. Despite the fact that the awning Encroachment will be within the public right-of-way, the
awning Encroachment remains privately owned and the sole responsibility of the Owner.
The Owner's responsibilities include installation, maintenance, and repair, as well as sole
responsibility for any and all personal or property damage caused by the Encroachment.
October 14, 2024 2
I. The City's permission and approval ofthis Encroachment is not meant to state or imply that
the City guaranties or warranties the short- and long-term stability and safety of the
Encroachment, and that the Encroachment's stability and safety always remains the
responsibility and liability of the Owner.
J. The Owner acknowledges and agrees that public utilities and facilities, including the street
and sidewalk, as well as landscaping and electrical facilities, located within the right-of-way
are subject to maintenance, repair or replacement. To that end,
1. The Owner is solely responsible for removing or otherwise protecting the
Encroachment if they will be affected by any public maintenance, repair, or
replacement projects or activities within the right-of-way. The City will not be
responsible for any . costs for the protection, disruption, or removal of the
Encroachment.
2. The Owner is solely responsible for protecting public utilities and facilities, including
landscaping and electrical facilities, as well as those using the public right-of-way
from adverse effects related to the existence of the Encroachment.
3. In the event that maintenance, repair, or replacement of public utilities or facilities in
the right-of-way is planned near the Encroachment, the City agrees to make
reasonable efforts to notify the Owner of the projects or activities in advance.
4. If the Owner elects to remove or otherwise take actions to protect the Encroachment,
such actions must be taken in a manner approved by the City and within the
timeframe for the City's anticipated work.
5. The City shall not be responsible for any damage to the Encroachment, or any
structure or hardware to which the Encroachment is attached, related to any public
maintenance, repair, or replacement project in the right-of-way.
6. The City has no obligation to remove, but shall be allowed to remove, at its sole
discretion and at Owners cost, the Encroachment in the event that a public project
involving maintenance, repairs, and/or replacement of public utilities and facilities
within the right-of-way requires such removal.
7. The Owner shall be responsible for reinstalling/reattaching the Encroachment at their
own cost regardless of who removed the Encroachment.
8. The City shall be reimbursed by the Owner for all costs and expenses related to
removing or protecting the Encroachment. -
9. In the event the City is required to remove or protect the Encroachment for purposes
described in this Agreement, the Owner gives the City permission to enter, access,
and alter the Owner's Property at the location of or adjoining the Encroachment area
for the sole purpose of removing or protecting the Encroachment and only to the
extent reasonably necessary to achieve those objectives.
October 14, 2024
K. Due to the revocable nature of the City's permission and the lack of any property rights
granted, the Owner is not eligible for, and specifically disavows, any right to receive
compensation of any kind for the removal, alteration, or limited accessibility, in whole or in
part, whether temporary or permanent, of the Encroachment
L. The City is allowed to revoke its permission for the Encroachment for any of the following
reasons:
1. The public uses of the right-of-way prohibit the continued existence of the
Encroachment, with the prohibition related to safety, practicality, legal, or other
issues important to the public interest, all of which are at the sole discretion of the
City;
2. The Encroachment would unreasonably limit, harm, or impede the public and the
public uses of the right-of-way, with such a determination at the discretion of the
City;
3. The Encroachment interferes with or may potentially damage the sidewalk,
landscaping, light poles, electrical service, and/or other streetscape improvements;
4. Local, state, or federal rules, laws, or guidelines relating to right-of-way obstructions,
encroachments, or uses, including public sidewalk, street, or streetscape clearances or
distances, prohibit the continued location of the Encroachment;
5. The Owner fails to properly maintain, repair, or replace the Encroachment;
6. The Owner fails to provide the City with annual written proof that the Encroachment
is covered by the required insurance;
7. Any other lawful reason.
M. In the event that Owner fails or refuses to remove the Encroachment that has either been
revoked, or has otherwise fallen into poor condition or disrepair, the City may remove and
dispose of the Encroachment at the City's discretion and at the Owner's expense.
N. Both parties understand and agree that accidents and incidents occurring on City rights -of -
way may result in lawsuits or threats of lawsuits against the City. The Owner releases the
City of Oshkosh, its employees, agents, elected officials, and authorized volunteers from all
debt, claims, demands, damages, actions and causes of action whatsoever which may result
from the existence of the Encroachment. The Owner shall protect, hold harmless, and
indemnify the City of Oshkosh against all actions, claims and demands of any kind or
character whatsoever which are related to the Encroachment. This hold harmless and
indemnification is broad, and shall include damages, attorney's fees and costs, and defense
costs. The payments required of the Owner by this paragraph are due no later than 30 days
after written request for such indemnification. The Owner agrees that this paragraph shall be
liberally construed in favor of the City of Oshkosh, in consideration of the privileges granted
by the City under this Agreement.
O. At all times during which the Encroachment extends into the right-of-way, the Owner's
property liability insurance shall cover all potential liabilities related to the Encroachment.
The Owner's insurance shall provide reasonable coverage for potential damages to persons
and property caused wholly, or in part, by the Encroachment. Minimum insurance coverage
October 14, 2024 4
related to the Encroachment shall be $500,000 for each occurrence for bodily injury and
property damage liability and $500,000 general aggregate. The Owner's insurance shall
include the City of Oshkosh as an additional insured on its policy for claims, liabilities, and
damages related to the Encroachments. The owner's insurance shall provide primary
coverage and that any insurance or self insurance maintained by the City of Oshkosh, its
officers, council members, agents, employees or authorized volunteers will not contribute to
a loss. The Owner shall annually provide on or before the renewal date of the policy to the
City Safety and Risk Management Officer with proof of insurance for the Encroachment.
P. The City's Encroachment permission is personal to the Owner, is not intended to convey any
property rights or waive any governmental regulatory rights, and cannot be transferred or
assigned to any other person or entity, whether voluntarily or involuntarily. The Owner's
rights contained in this Agreement do not attach to property and do not run with the land.
Permission for the Encroachments are revoked immediately and without notice as of the time
that any person or entity other than the Owner identified in this document becomes a fee
owner, whether in whole or in part, of the property at 216 State Street. Revocation of
permission for the Encroachments will also occur where the Owner forms a different entity
to own the Property in whole or in part of which they are the sole or partial owner.
Q. The Owner remains primarily responsible to the City for any actions taken by any of
Owner's tenants, licensees, invitees, contractors, consultants, agents, or service providers
that are related to this Encroachment and this Agreement. The Owner also remains primarily
responsible to the City for all aspects related to the Encroachment regardless of the terms of
any separate private agreement it may have with any tenant or other person related to the
Property which may relate to the Encroachment.
R. The Owner agrees to be bound by the terms of this Agreement regardless of the existence of
any other Agreements with the City related to a project or the Encroachment.
S. This Agreement is solely for the benefit of the parties to this Agreement, and it is not
intended to benefit any third -party or any successor in interest of the Property.
T. The election to enforce or not enforce any term of this Agreement, or any statute, code, or
rule, as well as the timing of such enforcement, shall be at the City's sole discretion and shall
not act as a waiver of any rights to exercise any right relating to the Encroachment in the
future.
U. This Agreement shall incorporate and apply all immunities and limitations provided to and
protecting municipalities within the Wisconsin Statutes and/or common law, regardless of
whether a claim is based upon contract, tort, or other theory.
V. This Agreement shall not attach to or run with the land, but may be recorded with the
Register of Deeds only to provide notice that it is personal to the current owner and not
attached to the land.
W. This Agreement shall become effective upon the date of the last signature below.
[Signature page to follow]
October 14, 2024
TEAM SNW 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 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.
By:
✓�1 c► SSA
(print name) (title)
C to
STATE OF
CGS ,, SAN t-1�CL D ) ss.
�—NXEMMO COUNTY )
Personally came before me this day of 0-TD�G�-- , 2024, the above -named
V AVL T -Pc CL\ SSt �( , tome known to be the person who executed the foregoing document
and acknowledged the same.
_ Cci d �-
CLAUDIA 2UNIGA GAISCIA
Notary Pablo - unfarnia Not Public, .�
San Mateo CoCounty+�
Commission Y 2495566 My Commission expires: V , Z�
+aV Comm. Expires Jul 27, is
CITY OF OSHKOSH
By:
Maik A. Rohloff, City Manager
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
And: .dam
Diane M. Bartlett, City Clerk
Personally came before me this 7-3 day of (A1111K , 2024, the above -named
Mark A. Rohloff, City Manager, and Diane M. Bartlett, City Clerk, of the City of Oshkosh, a
municipal corporation, to me known to be the persons who executed the foregoing instrVareY4f'""'Vet ,,
me known to be such officers of said corporation, and acknowledged that they'°e% °
foregoing instrument as such officers as the deed of said corporation, by its authc-�O -VA[
Notary Public, State of Wisc"
My Commission expires: 101t�i�S�IIJd�I�SG�,,�°,,
October 14, 2024 6
a
I I �i't� ���iillllllll'lII'lllll lll`I!I 1111llltllllllffl�lllllllfll=lllll��l�l
I�I�I�I�I�I�t�I�llll�Il�l���1ta�t�l�I�1�I1�1�I�I�I�II1I���••••••••,'•••'•`'^•••"'•"•^"•"'
.!.!1!1!1!I!LI!1!lil!1!I'
llll�ll�l
I'I1IlIlIl1!I!Il1!I!I!i!I!I!I!I!I
Itl'11111�1!!!'{`
:Ill��;l��'�j�I�I�I�l�l�l�l�l
�"'t'1l�IlI�l�1�1�1;
I�lilhll��ji�l��
.Iilililjilil;I!I;lil!Illllll!tilil;lililililil!Illli�■I
�Illllllllllllllllllltllttllllllllllltll
���
.tltll,Llll�ljl=I�I���I�I�I�I�I�ij�lllllll't-=
��I�I�I�I�I�III�l�lll�lll�l�l�l�l�li1�'=..
�■
Ill-
III—
=ill
ifilili'fill+43}�{ititili;�;Ilili;ii!r=
i=ii=
r!I=lil{IIIiI'I�Illllllll�l��illlili�ll_
1111t
7111
Iltl1�
�
lll"-
I=I'=
illl
I Itll}`!'lllllll1111111!
11111'=
11—
;1�_
I�I�I�I�I�I�I�I�i�l�i�I�4�I�I�I�1�I��ll�lii�l�t�_�I•Illlllllllllllllllllllllttll!
I
I 1 1
11
,
t l
hI,I,I�I,111111,1,1,!
II!!�I
I 11'
I
I I'I
1 1
1'I'I'1"1
I'1'1'I
�;i,i,�►;l;l�!
illlilll'li�
i��i4��l���h���ilj►i��i���l����;����►!'i'i�1�111=1�1�I�t�l�l�t���l�l;l�lifi��—
IIIII1111
II
�
_
I
Ii�llilllllllllllllflllllll�lllfl=
—
IIIIII1111'
llllll
I I
IllitIilflllll�l�l
Illllllll
I�I I
I I,
II1111
9,LL1.1.1.1.1M
illl��ll{IIIIIIIIIIIiIfI'll`!1=III!Ilillllllllltlllllll
n,
1
it
rrrrl
1 rrrfrl
1,l.LL
,
III
„n
n 1
•t.tllllIIIIIIIIIIfIlllllllllll
�i.l.l.l
lllilll11111111111lI
I l l
l l l
Illlll�tllI111111111111111�111=
l:1 I
I I
I 1
lllll
I I 1
IIIltllllil!iiai�t
I! 1
1�1=
I
""""""""""
•
ililllilllll�l'll
Illitililililililflfli�ilili'=
��
Nit
:.t.l.l.t
) I
I { illlllil
I 1 Il
llllllllllll,7lll
�,�i�i�s�iil�i�i
IIIIIIIII
�l�i���i�i�i�i�i�i�i�i�iii���
Illllll
fit
lillllllll!=
■,
��
!il�®1ilill
� I'I'I
�.I
I
I't I'1'1'1'111i�illlllil
I
•
Ilil{ti{IIilfllli
tilil!1!1!I!1!1!lllll!fsl�
��
illl'liliiliillll�,
IIII'f'I'1'1'llll
Illli'lllilililii
. , „, rn•t�i�—
IljllIIIIIIIIII11lIlI
IIi1fII1fIII11111111�Ii1i11=v
11•I'1—
�
_
�Illllflll'fi�lli
Ill'1'Illllll
i1i11111111Pt�li
Illllllllllllilll
illlllfllllllliti
I l
IIII
I I
l l l l
Illlllllllh
1 11
I'
l I'I
11 1
I�1�1i�ililllilllllllllflilf-i♦�
11I
lflitflllllitililfllllllllll=�■
lllllllllll'
IIIII'llt'll�'111II1
I
Illllll
i,LLIlI,IJ,4LIJ,
111'lllflll'llllll�ilili=
l l l
Illlll�llllllllf_
l t l
lllllllllll
l l� Ill,
ll
llli
I�lil
I I!II!!IIIIIIIIIIIIIIIIIl1111111111111p111
s!I= rl—
�j♦
k
Illt�i...,..da:.if
�•�
:,Itlllti,liLLLllllllllllllfl
�;t��ilIlllllllll�lll
'I',-(,'�
I'I'I'1'I'Iil
:.:.:.::.:.:.::...:.:.:.�
i° .i=ri•i.i.i•i=i�i�i�'
Illllllfllti
l�lll�l�l�l�l�l
I I
II'llltllll
I I 11.1.1
'I'I'1'I'I'1't'1'I't't
I l
14l1Id,t,hhl,Lt,4lli,l�l,l,t,lll,l,1,;
l l
l l l 1111
,
i
�Illl'lllllllllllllllllllI111111tfllllllllflll
11 llllli
,III'l'I'I't'I'I'I'I'19'I'1'I'1'I'I'1'I'I
ililillLlllllllil1111','Ih1111hht1�t11t111
llll,lllllllllllyy
Illllll=
I—
�ittttttttttt�
1
lllll�tlllll
� li'1'lil�lillli
I
����'j�jij�j�j�j�j�j�j�j�j�j�j�j�j�j�j�j�����j�j��ll!i�IIIIIIIIIIIIIIIIIItlllllllllll{IIII)
1 I !! 1
I
flit!iiiii►iiiilliil�ilil!li,i,IlfslllliIll'I�'I'1I1111'I'lllll'�'Itll'Itllllltl'lll—
,I.
, rrrt
rrrr
1
r
rt1• rt ��'•�•'�,I
Illlllllllllllllllll�llllllllllllllllllll�lllll�tlllc
I,t,t,l
I,,,I,I,i,l
1,1,1,1,1
Iilillllltlllll=
11 I,I,i
I
►;j=
—
cli�lllll'11111111I71�llltlliljli1111!f
liiili�iiililifilili4liiiii'f'i'i'�i-��
=!Illll
Itllllllllll
Ilill
llllllll
!�=
a
lil-
Ill
=
�
•"1'llilllllllllilllllllllllllfli;ll�lil�li{111=
lil�+,;aIIIIIIIllflli
iIiIII'I'''%!111�!I11Jilili!'Iflitllltllll'lii
Bill'1lllllllllllll'lllill��llllllll�l!(�
I I11'�i♦
II!_
l�l=
•'
Illlfltltillt�•
li'i4l�i�F!�
i!:�i;l!1!?�1!I!I!i!I�LI!)!I;1!_!!1!!!1!I!1!1!IJl�l�ljl�l�ljl�l�ljljl���
1'i
I
I'I
t !'!;''lilill
Illll=
lit{
llli�,lii
II' .-
l
till!'I'I'1'I'I'I
IlllllltllltlllllllWlltlI
i'I'1'1"I'1'1'11
'II
IMll
J1'1'!'I'lll=
i
t
mill,
Illlfllilltllllllltlllll
IIII
IIIl1llllliltll,,.,.
jl�l�ljll!1!l!1!1!1!I!I!!!Illli�'!Illllllllllt!I!1!1!1!I!I!1!1!1!I!1�1!1!I!1!11I
,7llllllll=lllllllllll
ill`I!li
illlllllililili
'
�
Ill'lilllll�l�llllllll�IIII'lllllltllllll�ll�111111111I11111'Ill'tll'Illllllllllililllllllll�l�lllit
O
i Illllll Illllll f�l���ilil�lflllllll'lllfl Illililflllilil111111itllllllilll
litilflfl'lil) Illlll'1
I
EXISTING BUILDING FACADES ARE
AT ZERO SETBACK TO THE PUBLIC
RIGHT-OF-WAY EXACT LIMITS OF
BUILDING ENCROACHMENT
UNKNOWN.
4'-2-
I rl—i--
I
PROPOSED
I I I
II
AWNING
I I
I I I
I I
I I
I I I
II
� I I
I I I
I I
I I
I I I
I I I
I I I
EX. BUILDING
FACADE
aml
ail
z7
7r MASONRY ANCHOR
O
ERY IS-O.C.
DRIiglaxia
�G,013
BOLTED TO3%3
WITH-GR. 5THRBOLT
DRIL EDEVE.C.AWNING
CONSON:-LIFONE
COFFNGLESSYMHETI
.FE-UPOSBSHEA-4x1DRAFTERSO.C.
0.1p�,
a
A�'
I
2xs FASCu S'
laxla
to
N
O
N
(D
O
EXISTING BUILDING FACADES ARE
AT ZERO SETBACK TO THE PUBLIC
RIGHT-OF-WAY, NORTH MAIN ST
EXACT LIMITS OF BUILDING
ENCROACHMENT UNKNOWN
216 STATE STREET
3
m
EXHIBIT
z PRIVATE AWNING
Id' THRvmw
SOLTDRILLED
INTO RECEIVER
VESTIBULE
AWNINGPLAN VIEW
EX. BUILDING
FACADE
AWNING SECTION VIEW
ENCROACHMENT
AGREEMENT
EXHIBIT A (2 of 2)