HomeMy WebLinkAbout2025-01-10 Easement - 600 S Mainr
Document Number
Public Sidewalk
Easement Agreement
Document Title
1. EFFECTIVE DATE: This Easement Agreement is effective this /O
day of Cir-4-do r- 2024.
2. PARTIES: BROOKLYN ASSOCIATION OF CONDOMINI
OWNERS, INC., a Wisconsin Non -Stock Corporation, 600 South A
Street, Suite 202, Oshkosh, Wisconsin 54902, Grantor, and CITY
OSHKOSH, a Municipal Corporation, 215 Church Avenue, Oshk
Wisconsin 54901, Grantee.
3. CONSIDERATION: One Dollar ($1.00) and other good and valuable'
consideration paid by the Grantee, the receipt and sufficiency of which is
hereby acknowledged
DOC# 1937417
SUSAN REGISTER OF DEEDS
RECORDED.
1 1 1 1 1 PM
RECORDING FEE: 30.0
1
PAGES: 6
Name and Return Address
City Attorney's Office
PO Box 1130
Oshkosh. WI54903-1130
4. PURPOSE: The purpose of this Easement is to slightly expand the public
sidewalk at the northeast corner of the intersection of South Main Street and
East Th Avenue. The corner requires expansion to allow the sidewalk to
become compliant with the Americans with Disabilities Act. The Easement
Property will in all respects be used and treated in the same manner as all
other public sidewalks within the City of Oshkosh.
90301350100,90301350200,
90301350400,90301350500,
90301350600,90301350700,
90301350800,90301350900,
90301351000,90301351100,
90301351200,90301351400,
90301351500,90301351600,
90301351700,90301351800,
90301351900,90301352000,
90301352100,90301352200,
5. EASEMENT: Grantor grants, and Grantee accepts, and Easement over, 90301352400, 90301352500
across, and through the Easement Property described herein for the purpose Parcel Identification Number (PW)
of allowing Grantee to construct, maintain, and operate a public sidewalk.
All rights, title and privileges herein granted, including benefits and burdens, shall run with the land and shall
binding upon and inure to the benefit of the Grantor and Grantee, their respective heirs, executors, administratt
successors, assigns, and legal representatives.
6. GRANTOR PROPERTY: Grantor's Property is a condominium created according to Chapter 703 of the Wiscor
Statutes. It is known as the Brooklyn Office Condominium. The location of the Easement Property is part of
Condominium's Common Area. The Grantor asserts that it has the authority to enter into this Easement Agreem
pursuant to its authority in Wis. Stat. 703.15(3), and other applicable statutes.
7. EASEMENT PROPERTY: The property subject to the Easement granted herein, the Easement Property, is located
- the City of Oshkosh, Winnebago County, Wisconsin, is described as follows:
Legal Description Attached as Exhibit A
8. EASEMENT LOCATION: For visual reference purposes, the Easement Property is described as:
Easement Property Map Attached as Exhibit B
9. ACCESS RIGHTS: Grantee and the public shall have the complete right to access and use the Easement Property
described in this Easement Agreement
10. USE OF EASEMENT PROPERTY: The Easement may be used and treated by Grantee in all respects as a sidewal]
in a public right-of-way. However, despite the broad scope of the Easement uses, this Agreement does not constitute
25, 2024
9
GJIe
formal public dedication. The Grantee will be installing an ADA compliant public concrete sidewalk. The Grantee
may in the future move or install facilities such as poles, signs, traffic signals, electric pull box, underground wiring,
and related equipment and facilities. Grantee shall have the right to fully use the Easement Property for all purposes
associated with these uses. Use of the Easement Property will be subject to all applicable local, state, and federal 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.
11. 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, subject to lawful
special assessments or charges, for all of its subsequent maintenance, repair, and replacement, except to the extent
caused by the willful or negligent actions of Grantor. 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
12. 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
13. USE OF EASEMENT BY OTHERS: The Grantor and the Grantee agree that the parties may temporarily assign the
construction and maintenance rights identified herein to any contractor, third party, or other assignee who
demonstrates a sufficient competence and gives adequate assurances that any work to be performed in or around the
Easement Property will be conducted in a skillful manner, and that the parties' interests in the Easement Property shall
be protected to the same extent as if the respective party was itself performing the construction and maintenance
14. DEFAULT: If either Grantor or Grantee 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, Grantee may immediately remedy any circumstance
when it believes that the circumstance materially interferes, with the lawful use of the Easement Property and/or poses
a danger or hazard to the public. The cost of such remedies shall be the responsibility of the party causing the
circumstance to arise
15. TERM: This Easement is being granted in perpetuity for public purposes and uses. The Easement shall only be
considered abandoned or vacated upon the official action taken by the City which will intentionally and permanently
stop use of the Easement Property.
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 ofthe 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
September 25, 2024
17. 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
18. NO THIRD- PARTY BENEFICIARY: The terms of this Easement 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 through this Easement Agreement
19. 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
20. 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 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 Property.
FOR THE GRANTOR:
Brooklyn Association of Condominium Owners, Inc.
c/o President
600 South Main Street, Ste. 202
Oshkosh, WI 54902
FOR THE GRANTEE:
City of Oshkosh
c/o Director, Dept. of Public Works
P.O. Box 1130
Oshkosh, WI 54903-1130
22. AUTHORITY: The Grantee 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 Easement Agreement on behalf of the Grantee.
Grantor affirms that he has the authority without limitation to enter into this Easement Agreement on behalf of the
Owner Trust. The undersigned assert and affirm that they have the authority without limitation to enter into this
Easement Agreement on behalf of the Grantor
SIGNATURE PAGE(S) FOLLOW
DRAFTED BY:
Attorney David J. Praska
Deputy City Attorney
Oshkosh, Wisconsin
September 25, 2024
IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day and year
first above written.
GRANTOR
BROOKL,YN A SOCIATION OF CONDOMINIUM OWNERS, INC.
By: � q "% j
Gordon Korthals, President
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this /16 day of ace4er- ,.2024, the above -named Gordon Korthals, of
Brooklyn Association of Condominium Owners, Inc. to me known to be such person who executed the foregoing
document and acknowledged that they execulted the same as such officers by its authority, for the purpose therein
contained. I) 1 n
Notary Public, State of Wiscc
My Commission expires: 4
Cel17:1`► V"
CITY OF OSHKOSH,/
By:
A. Rohlof ., Ci anager
By:
Diane NrBartlett, City Clerk
STATE OF WISCONSIN
) ss.
WINNEBAGO COUNTY
VAL,q,9' �
IARY
;OF
�
III
i� 4Personally came before me this day of .Y11Y(202Z, 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 pu ,o�se �h/�erein connta' ed. /\�/ n
Notary Pu)lic,atate of Wisc sin
My Commission expires: 1 3 I "
APPROVED AS TO F
Lorenson, Ci orney
rd
September 25, 2024
Easement for Sidewalk, Light Base, Light Pole and Electric Conduit
Parcel 03-0135-0100 thru 03-0135-2500
Owner: Brooklyn Condominium Association
Address: 600 South Main Street
Being a part of the Southwest 1/4 of the Southwest 1/4 of Section 24, Township 18 North, Range
16 East, Third Ward, City of Oshkosh, Winnebago County, Wisconsin, bounded and described as
follows:
Commencing at the southwesterly corner of the common area of units 1, 2, 4, 5, 6, 7, 8, 9, 10, 11,
12, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 301, 302 together with each of said units
undivided interest in the common elements all in Brooklyn Condominium Association a
condominium declared as evidenced by a Declaration of condominium recorded as Document
No. 583214, the true point of beginning; thence northerly 10.0 feet along the easterly line of South
Main Street; thence easterly in a straight line a distance of 2.5 feet perpendicular to the said
easterly line of South Main Street; thence southerly in a straight line a distance of 7.5 feet parallel
to the said easterly line of South Main Street; thence southeasterly 3.5 feet to a point on the
northerly line of East Th Avenue, 5.0 feet east of the true point of beginning; thence 5 feet west
along the said northerly line of East Th Avenue to a point on the said easterly line of South Main
Street, the true point of beginning.
Said easement contains 28.14 square feet or 0.00065 acres more or less.
EXHIBIT A (1 of 1)
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CITY OF OSHKOSH
ENGINEERING DIVISION
FILE NAME: DRAWN:
600 MAIN Sidewalk & 9-17-2024
Electric Ew—mt
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SIDEWALK & ELECTRIC
EASEMENT
600 South Main Street
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EXHIBIT B (1 of 1)