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HomeMy WebLinkAbout2025-02-07 Declaration of Public Utility EasementDECLARATION OF PUBLIC UTILITY EASEMENT Document Number . Document Title DOC# 1938761 SUSAN SNYDER REGISTER OF DEEDS WINNEBAGO COUNTY, WI RECORDED ON: 02/07/2025 09:52 AM RECORDING FEE: 30.00 PAGES: 11 ling Area and Return Address City Attorney Office P 0 Box 1130 Osbkosh W1 54903-1130 90200840000 Parcel Identification Number (PIN) DECLARATION OF PUBLIC UTILITY EASEMENT This instrument drafted by: David J. Praska. Deputy City Attorney Oshkosh, WI 54903-1130 January 29, 2025 I t" ) DECLARATION OF PUBLIC UTILITY EASEMENT RECITALS EFFECTIVE DATE. This Declaration is made this _= day of �\\W 2025, by the City of Oshkosh, a Wisconsin Municipal Corporation (the City or Declarant). 2. DECLARANT'S PROPERTY. The Declarant is the owner of real property described below (Declarant's Property): Property Legal Description Attached as Exhibit A 3. DECLARATION. The Declarant's Property described above will be held, transferred, sold, conveyed, and occupied subject to Public Utility Easements within the Easement Property described herein upon the execution and recording of this Declaration. There are two unconnected Public Utility Easement locations described and identified herein, but both are subject to the same benefits and burdens. 4. COMMON PURPOSE. The purposes of this Declaration of Public Utility Easement are to: a) maintain the efficient and effective operation of the Declarant's public parking lot and municipal utilities and equipment underground; b) enhance the orderly and efficient development and operation of Declarant's Property and surrounding property, both public and private, by the Declarant's allowance of additional non-exclusive space available for public utilities and private utility facilities; and, c) accommodate multiple public utilities on Declarant's Property in light of the current utilization of adjoining Otter Avenue and State Street public rights -of -way. The extra space will allow more flexibility in light of the shared public utility space and the other existing uses by Declarant and uses by adjoining property owners including private storm water laterals. 5. CURRENT CONDITIONS. This Declaration formalizes actions taken by the Declarant, multiple Public Utilities, and adjoining property owners in the past. The Declarant reconstructed its public parking lot covering Declarant's Property in 2011. Common Council Resolution 11-397, dated September 13, 2011, authorized non-exclusive Public Utility easements with terms agreeable to the Declarant across Declarant's Property. In the interest of project timing purposes, shortly after the Resolution passed, multiple Public Utilities installed their utility facilities and equipment within Declarant's Property to allow timely completion of the parking lot project. The utility equipment and facilities were installed near each other at certain locations, crossing each other at certain locations, and near and/or crossing existing City facilities and private storm laterals at certain locations. The terms of this Declaration provide non-exclusive, uniform, and cooperative easement benefits and burdens that allow Declarant's public parking lot to operate as designed, and allow multiple public utilities to use the Public Utility Easement space in a safe and efficient manner. EASEMENT 6. EASEMENT PROPERTY. This Public Utility Easement shall be over, under, and through . certain real properly (Easement Property) described and shown as follows: Easement Property Legal Description Attached as Exhibit B Map Attached as Exhibit C January 29, 2025 7. EASEMENT: The Declarant City of Oshkosh, its successors and assigns, herein declares, establishes, and reserves for the benefit of Public Utilities, their successors and assigns, a non-exclusive Easement over, under, and through the Easement Property to access, survey, lay, construct, use, operate, maintain, repair, replace, relocate, and/or remove their equipment and facilities that are part of the Public Utility's business operations, subject to the terms described herein. a. Public Utility as used in this Declaration is the same as defined in Wis. Stat. 196.01(5), as amended. b. Without limitation, the Declarant's uses of the whole Property, including the Easement Property, will have priority over other uses. Uses include a public parking lot, municipal utilities (storm water, electrical, and telecommunications), equipment, facilities, landscaping, storm water drainage and treatment, and improvements. Declarant's uses, however, cannot adversely affect the safety. and/or operation of Established Conditions of the Easement Property. c. Established Conditions are the actual, existing uses of the Easement Property at any point in time. The Established Conditions began at the conclusion of the 2011 Tublic parking lot reconstruction, and continue to be adjusted going forward as other allowed changes occur within the Easement Property. Established Conditions includes equipment, material, and facilities for a particular use, and does not include future enlargement, upgrading, added equipment or capabilities, or change of an existing use. d. A Public Utility seeking to perform any work within the Easement Property is subject to any safety, operational, or logistical constraints caused by Established Conditions. Maintenance, repair, replacement, or upgrades must adapt to and/or around Established Conditions. Alternatively, the Public Utility may negotiate with the Established Condition and potentially pay to move the same, or may elect to use the adjoining or nearby rights -of -way of Otter Avenue, State Street, or North Main Street for their utilities where they have statutory authority to operate. e. Established Conditions include not only Declarant's use of the Easement Property, but also private storm water laterals originating from adjoining properties at 206 North Main Street and 210 North Main Street. These private laterals pre -date Public Utility improvements and therefore represent an Established Condition of the Easement Property. f. Public Utilities are expected to install their equipment and facilities underground. . Surface or above ground use of the Easement Property are prohibited in the parking lot (driveways, drive aisles, parking spaces, curbs) or within storm water features. Surface or above ground installations may be possible where landscaping exists, but the Public Utility is responsible for replacing the landscaping in a manner that will ensure compliance with the Municipal Code's landscaping requirements. g. The Easement Property must be used efficiently. Placement of equipment and facilities for the purpose of a reservation of space for future use, and not for demonstrable safety or operational reasons, is not allowed. h. The Easement Property is not explicitly or impliedly a public dedication and therefore Public Utilities do not have statutory use of the Easement Property. Any Public Utility or January 29, 2025 person allowed to use the Easement Property has the authority to challenge or object to particular uses of the Easement Property by others. i. Abandoned equipment and facilities within the Easement Property must be removed to make room for other allowed uses of the Easement Property if the abandoned equipment and facilities materially interfere with future use by others. Abandoned, for the purpose of this Easement, means equipment and facilities that are disconnected from the Public Utility's system and are not reconnected for 12 months thereafter. 8. ACCESS RIGHTS. Public Utilities shall have the non-exclusive right to access and use the Easement Property for all allowed purposes described in this Declaration. Public Utilities may use other parts of Declarant's Property, meaning the driveway, drive aisles, and parking spaces, to access the Easement Property provided such access of other parts do not materially interfere with the use of the public parking lot and damage caused by such access is repaired. 9. OBSTRUCTION. A right-of-way permit through the Department of Public Works must be obtained from the Declarant before starting any work withing the Easement Property. In emergency situations, a right-of-way permit must be obtained as soon as practicable. Driveways, parking stalls, and drive aisles cannot be blocked without prior approval of the Declarant through its Transportation Department and Department of Public Works. In emergency situations, immediate action may be taken, but the Declarant must be notified through its Transportation Department and Department of Public Works as soon as practicable. Work must be planned to minimize impacts upon the use of the parking lot and access to adjoining properties. In non -emergency situations, the Declarant through its Transportation Department and Department of Public Works must be given a minimum of fourteen (14) calendar days advance notice. Parking spaces and any other area of the parking lot which are necessary to provide space to undertake maintenance and repairs must be reserved in advance before commencing non -emergency work, or as soon as practicable after the commencement of emergency work. Closures of some or all of the public parking lot shall not exceed fourteen (14) consecutive days without written approval by the Transportation Department. 10. MAINTENANCE/REPAIR: a. It is anticipated that most utility work will be completed through boring. In all cases the Easement Property must be returned to a condition that is materially the same or better than the condition prior to any work the Public Utility performs on the Easement Property. This includes, without limitation, grading, seeding, repairing/replacing hard surfaces, repairing storm water features, replacing landscaping, and otherwise returning the surface of the Easement Property. b. The Public Utility is responsible for maintaining its equipment and facilities within the Easement Property. This includes maintenance, repair, replacement, or removal when necessary. c. All work within the Easement Property must be performed by or under the direction of Public Utility, or their employees, agents, or representatives, and shall conform to all requirements of the City of Oshkosh right-of-way permits. Borings that cross or are near storm sewer or sanitary sewer lines, may result in the Public Utility being required by the City of Oshkosh to televise the storm sewer or sanitary lines to ensure that they have not been adversely affected by the utility work. January 29, 2025 d. Declarant, as the Property owner, shall be responsible for all normal and routine maintenance and repairs of the surface of the Easement Property. Declarant will not lower the surface grade by four inches without notifying affected Public Utilities. Declarant also will notify the affected Public Utility prior to digging or otherwise removing soil and other materials to a depth that is more than twelve inches below the surface elevation. e. The Public Utility is responsible for all damages and injury to persons or property to the extent caused by Public Utility's use of the Easement Property. 11. INTERFERENCE WITH EASEMENT. The safety and operation of Established Conditions shall not be affected by new work to be performed within the Easement Property. Other obstructions are also prohibited. Prohibited obstructions in the Easement Property include buildings, poles, fences, or other objects that interfere with the use of the Easement Property except as otherwise allowed by this Easement document or approved by the Declarant's governing body. Those responsible for prohibited obstructions will be notified and given a reasonable opportunity to remove. Prohibited obstructions that are not removed by those responsible may be removed and disposed of by others at the expense of those responsible. In the event of an emergency, which includes the presence of any potential safety hazard, the Declarant or Public Utility shall have the authority for removal without notice. 12. USE OF EASEMENT BY OTHERS. Those using the Easement Property pursuant to this Declaration may temporarily allow a contractor or third party to perform permitted work that they would otherwise be allowed to perform themselves. 13. DEFAULT. If anyone reasonably believes that the terms of this Declaration of Public Utility Easement have been breached by another, then written notification of the alleged breach shall be delivered to the person alleged to have breached the term. Breaches must be cured within 30 days after notice is given. However, breaches creating a safety hazard and/or materially interfering with the design and use of a utility facility, or improvement, or use of the property may be removed immediately. 14. TERM. This Easement is being granted in perpetuity for Public Utility purposes. 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 Declarant and Public Utilities, along with their respective agents, assigns, legal representatives, heirs, successors, executors, and administrators. 15. WAIVER All statutory and regulatory limitations periods will govern this Easement. However, in all other respects no delay or omission in exercising any benefit, burden, claim, or defense pursuant to any of the terms or conditions of this Easement shall be construed as a waiver. An explicit written waiver of any term or condition will not be construed to be a waiver of any other terms or conditions of this Declaration of Public Utility Easement. 16. INVALIDITY. If any term, condition, or part of this Declaration of Public Utility Easement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Declaration will not be affected and each remaining term and condition remains valid and enforceable to the fullest extent permitted by law. 17. BENEFICIARIES. No persons other than the Declarant and Public Utilities or private parties that are intended users of the Easement Property acquire any benefits or burdens through the specific terms of this Declaration of Public Utility Easement. No other persons benefit from the terms of this Declaration. Person includes individuals and entities. January 29, 2025 18. MUNICIPAL LIABILITY. Nothing in this Declaration of Public Utility Easement will limit, waive, substitute, or replace the Declarant municipality's right and opportunity to rely upon the municipal limitations and immunities contained within Wisconsin law. Municipal limitations and immunities include, but are not limited to, Sections 345,05, 893.80, and 893.83, Wisconsin Statutes. Such damage limits, caps, and immunities are herein preserved and incorporated into this Declaration of Public Utility Easement and are available to raise, when applicable, in all disputes, contractual or otherwise, as they apply to the Declarant municipality and its agents, officers, and employees. If the Deciarant's Property is conveyed to a non -governmental entity that does not otherwise lawfully benefit from these limitations and immunities, then such a successor in interest does not benefit from these limitations and immunities through this Agreement. 19. GOVERNING LAW. This Declaration of Easement will be construed and enforced in accordance with the laws of the State of Wisconsin. Venue for any action regarding this Declaration of Easement will be the Winnebago County, Wisconsin, Circuit Court or, if a federal court action, then the appropriate district and/or branch within which Winnebago County, Wisconsin is located. 20. NOTICES. Notices required by or related to this Declaration of Public Utility Easement must be in writing and delivered via certified mail, return receipt requested, to the last known address of the Public Utility involved and of the Declarant. Changes to these addresses, must be in writing. In addition to formal notification, all persons involved agree to take reasonable measures to keep the other persons involved informed of issues or questions regarding the Easement Property. 21. AUTHORITY. The Declarant affirms that all necessary boards and elected officials have authorized the execution and recording of this Declaration of Public Utility Easement through Common Council Resolution 11-397, which was approved on September 13, 2011. The undersigned have the authority to sign this Declaration of Public Utility Easement on behalf of the Declarant. 22. INTERPRETATION. This Declaration will be read and interpreted as a whole. Each paragraph incorporates and shall be interpreted consistently with other paragraphs. Recitals are included in and made part of the terms of this Declaration. The act of using the Easement Property for any purpose by any Public Utility shall act as the consent to all of the terms herein, and will be binding on the Public Utilities' employees, agents, successors, transferees, and assigns. 23. NO MERGER: It is necessary that the Public Utility Easement benefits and burdens described in this Agreement remain in effect to ensure the safety, and efficient and effective use and function of the Declarant's Property, public facilities, and utility systems. The Public Utility Easement is also necessary to ensure the efficient and effective use and function of the multiple Public Utilities utilizing the Easement Property, as well as allowing the continuity of service of Public Utility customers. Therefore, there shall be no merger of Easement or other property rights with the title or interests of any other of the real property interests described herein. January 29, 2025 This Declaration is being executed on the day and year first written above. CITY OF OSHKOSH Owner of the,Proverty I0 STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Diane`M. Bartlett, City Clerk Personally came before me this 31 day of J OLN2025, the above -named John Fitzpatrick and Diane M. Bartlett, of the City of Oshkosh to me known to be such person(s) who executed the foregoing document and acknowledged that they executed the same as such officers by its authority, for the purpose therein contained. I h NotaryPublic, State of WiscAsi�q, ✓ �� My Commission expires: �j Approved, as to form: By L A. Loi e s n, City Attorney January 29, 2025 7 LEGAL DESCRIPTION FOR PARCEL 90200070000 (OTTER AVENUE PUBLIC PARKING LOT) BEING ALL OF LOTS 9 & 10 AND PART OF LOTS 8,11 & 12, BLOCK 22 OF L. M. MILLER'S FIRST ADDITION PER LEACH'S MAP OF 1894 (2ND WARD) RECORDED IN VOLUME 5, PAGE 18, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE NORTHEAST''/a OF THE SOUTHWESTY4 OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 24; THENCE S00"15'32"E, 575.33 FEET ALONG THE WEST LINE OF THE SOUTHWEST % OF SAID SECTION 24; THENCE N89°44'2"E, 1,472.88 FEET TO A POINT ON THE WEST LINE OF SAID LOT 8, ALSO BEING A POINT ON THE NORTH LINE OF OTTER AVENUE AND THE POINT OF BEGINNING; THENCE N00°30'39"E, 12.87 FEET TO ALONG SAID WEST LINE TO THE NORTHWEST OF SAID LOT 8; THENCE S89°29'08"E, 3.13 FEET ALONG THE NORTH LINE OF SAID LOT 8 TO THE SOUTHWEST CORNER OF SAID LOT 9; THENCE N00°00'130W, 80.12 FEET ALONG THE WEST LINE OF SAID LOTS 9 AND 10 TO THE NORTHWEST CORNER OF SAID LOT 10; THENCE S89°36'53"E, 20.00 FEET ALONG THE NORTH LINE OF SAID LOT 10; THENCE N00°16'15"E, 53.44 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 12; THENCE S89°29'08"E, 112.38 FEET ALONG SAID NORTH LINE TO A POINT ON THE WEST LINE OF STATE STREET, THENCE S13°24'52"W,164.35 FEET ALONG SAID WEST LINE TO THE NORTH LINE OF OTTER AVENUE; THENCE N81°29'S4"W, 98.82 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 16,532 SQUARE FEE OR 0.380 ACRES, MORE OR LESS. EXHIBIT A (1 of 1) OTTER AVENUE PARKING LOT PUBLIC UTILITY EASEMENTS EASEMENT "A" A TEN (10) FOOT WIDE PRIVATE UTILITY EASEMENT BEING PART OF LOTS 6, 7, 8, AND 9 OF BLOCK 22, OF L. M. MILLER'S FIRST ADDITION PER LEACH'S MAP OF 1894, RECORDED IN VOLUME 5, PAGE 18, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE NORTHEAST '/ OF THE SOUTHWEST % OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, 2ND WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 24; THENCE S00°15'32"E, 569.52 FEET ALONG THE WEST LINE OF THE SOUTHWEST % OF SAID SECTION 24; THENCE N89"44'28"E, 1,461.93 FEETTO THE POINT OF BEGINNING; THENCE N00'15'32"W, 10.00 FEET, THENCE N89°44'28"E, 4.61 FEET; THENCE N80"52'45"E, 56.43 FEET, THENCE S78"55'45"E, 58.22 FEET TO THE WEST LINE OF STATE STREET; THENCE S13°26'29"W,10.01 FEET ALONG SAID WEST LINE; THENCE N78"55'45"W, 56.03 FEET; THENCE S80°52'45"W, 53.63 FEET; THENCE 589-44'28"W, 5.39 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINS 1,163 SQUARE FEET, MORE OF LESS. EASEMENT "B" BEING PART OF LOTS 9,10,11 AND 12 OF BLOCK 22, OF L. M. MILLER'S FIRST ADDITION PER LEACH'S MAP OF 1894, RECORDED IN VOLUME 5, PAGE 18, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE NORTHEAST ''/m OF THE SOUTHWEST ''/a OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, 2ND WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 24; THENCE S00"15'32"E, 533.01 FEET ALONG THE WEST LINE OF THE SOUTHWEST % OF SAID SECTION 24, THENCE N89"44'29"E,1,477.65 FEET TO THE WEST LINE OF SAID LOT 9 AND THE POINT OF BEGINNING; THENCE N00°00'13"W,15.00 FEET ALONG SAID WEST LINE; THENCE 90"00'00"E, 9.02 FEET; THENCE N00°00'00" E, 36.32 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 10; THENCE S89'36'S3"E, 8.34 FEET ALONG SAID NORTH LINE; THENCE N00'33'51", 26.69 FEETTO A POINT ON THE NORTH LINE OF SAID LOT 11; THENCE S89°3722"E, 2.38 FEET ALONG SAID NORTH LINE; THENCE N00°00'00"E, 25.67 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 12; THENCE N89"45'25"E, 10.00 FEET ALONG SAID NORTH LINE; THENCE S00°00'00"W, 6.00 FEET; THENCE N89"45'25" E,100.49 FEET TO A POINT ON THE WEST LINE OF STATE STREET, THENCE S13"26'29"W,10.29 FEET ALONG SAID WEST LINE, THENCE S89°45'25"W, 98.06 FEET; THENCE S00°00'00"W, 25.00 FEET; THENCE S79°34'49"E, 89.59 FEET TO A POINT ON SAID WEST LINE OF STATE STREET; THENCE S13"26'29"W,10.00 FEET ALONG SAID WEST LINE; THENCE N79"3449"W, 87.23 FEET; THENCE S00°00'00"W, 52.50 FEET; THENCE N90`00'00"W, 30.04 FEET TO THE POINT OF BEGINNING; SAID AREA CONTAINS 3,681 SQUARE FEET, MORE OR LESS. EXHIBIT B (1 of 1) WEST'/4 CORNER C SECTION 24-18-16 Z Z � h � 0 - QN N h� `_ Q o' oo y Z• H < la EASEMENT B: NE Z H 3 7 — -_� r---I Private -- ------ Storm Lateral I 22 Public Utility Easement 18' Q r -= -----'------- Private ------ ' Star, Public Utility LB-1$4" Lateral Easement"A 9 Easement r r LA-3 LA-4 ;� 1 ------ / \ r LA-5 LAB �sro LA-6 0 v -- --------------------r.lf �6 OTTER AVE, O Points 8 Electric Comm Access —Road Right of Way-Une — Easement Route Unes + Electric Access Subdlvislon Lot Boundary Cando Boundary — — Electric Unes Parcels ® Starrn Easements —•— Electric Comm Unes City Buildings. ® Parking Lot Easement ® Storm Manhole O Electric Ughts — Storm Mains LINE TABLES EASEMENT "A" EASEMENT "W' LA-1: N00015'32'W, 5.00' LB-1: N00000' 13"W, 15.00' LB-10: N89°45'25"E, 100.49' LA-2: N89044'28"E 4.61' LB-2: 90000'00"E, 9.07 LB-11: SMt6'29"W,10.29' LA-3: N6005245"E, 56.43' LB-3: N00900'00"E, 36.32' LB-12: S89045'25"W, 96,06' LA-4: 578055'45"E, 58.22' LB-4: 889°36'53"E, 8.34' LB-13: S00000100"W, 25.00' LA-5: S13°26'29"W, 10.01' LB-5: N00133'51", 26.69' LB-14: S7M4'49"E, 89.59' LA-6: N78055'45'W, 56.03' LB-6: S8913722"E, 2.38' LB-15: S13,26'29"W, 10.00' LA-7: S80052'45"W, 53.43' LB-7: N00°00'00"E, 25.67' LB-16: N79034'49"W, 87.23' LAB: 589044'28"W, 5.39' LB-8: N89045'25"E, 10.00' LB-17: S00.00'W'W, 52.50' LB-9: S00.00'00"W, 6A0' LB-18: N90.00'00"W, 30.04' PUBLIC UTILITY EASEMENTS• SUBJECT SITE PARCEL NUMBER 902OW700M O = BEGINNING, END OR CHANGE IN DIRECTION OF AN ARC OR LINE BEARINGS ARE REFERENCED TO THE WEST LINE OF THE SOUTHWE.ST '/4 OF SECTION 24-18-16 ASSUMED TO BEAR S00415'32"E PER THE WINNEBAGO COUNTY COORDINATE SYSTEM. 1 Inch equals 50 CITY OF O S H K O S H PARCEL 90200070000 1 mil Inch equals 0.009 miles 26 12.5 0 26 50 EXHIBIT C (1 of 2) 0e8 t I naJea�naa�0eo Hti"frnlAre G1S Pro F Printing Date: 1 /16/2025 N city Oshkosh f paedbyCAyofOdkosh,w User. iefrn ZEE SECTION 24-11 01 �— I • _ —�' - — —_ =�—�� r • • 01TER AVE. o Points __.1 Subdivision Lot Boundary Easement Route Lines Parcels Road Right of Way Line. City Buildings LINE TABLES EASEMENT "A" EASEMENT "B" LA 1: N00015132W, S.00' 1.8-1: N00000' 13"W, 15.00' LB-10: N89045'25"E, 100.49' LA-2: N89044'28"E, 4.61' LB-2: 90000'00"E, 9.02 LB-11: S13026'29"W, 10.29' LA-3: N80052'45"E, 56.43' LB-3: NW00'W'E, 36.32' LB-1 2.' S89045'25"W, 98.06 LA-4: 378a55'45"E, 58.22' LB-4: S89136'53"E, 8.34' LB-13: 300°00'W'W, 25.00' LA-5: S13"26'29"W,10.01' LB-5- N00°33'51",26.69' LB-14: 379034'49"E,89.59' LA-6: N78055'45"W, 56.03' LB-6: S89037'22"E, 2.38' LB-15: S13'26'29"W, 10.00' LA 7: S80a52'45"W, 53.63' LB-7: N00000'00"E, 25.67 LB-16: N79034'49"W, 87.23' LA-8: S8904428"W, 5.39' LB-8: N89045'25"E,10.00' LB-17: S00°00'00"W, 52.50' LB-9: S00a00'001W, 6.00' LB-18: N90900'00"W, 30.04' NTS• SUBJECT SITE PARCEL NUMBER 902000700M O = BEGINNING, END OR CHANGE IN DIRECTION OF AN ARC OR LINE BEARINGS ARE REFERENCED TO THE WEST LINE OF THE SOUTHWEST 'A OF SECTION 24-18-16 ASSUMED TO BEAR S00415'32"E PER THE WINNEBAGO COUNTY COORDINATE SYSTEM. PUBLIC UTILITY EASEME I Inch equals So feet CITY OF O S H K O S H PARCEL 1 Inch equals 0.009 miles N 90200070000 25 12.5 0 25 s0 COY EXHIBIT C (2 of 2) 1111117777=1 of Feet Oshkosh eiyaoawn"Aw�dma�w«,mwmuvu�eerora�u��on�wao�a�y.o,d e,eesvaon�s, a Qf0 wu 1h.am.wramehram,maeweurtwnnwommso+aero,r+omiWaraw,egiV*=w/.F= FgnfingDate. 1/2412025 Repaedby.0yQfC N hd Wddmxpknyego towwrrtLafhVmhsrlaa(Gnol H:9a((nlAro G16__PrgpmjeotslEesementslOUsr}We Parkin�la110per�lwa_Eesemen� Oi-21-2U25.aprx User•. jedn