HomeMy WebLinkAbout2025-05-12 Easement - 27 AllenDoeii
Easement
ttocintient Title
I: PAPTI S:
a: Orantor: Gary P: Monday and Linda L Monday
b: Grantee: City of Oshkosh
2. DATE: This agreement is effective the I day of ;
2025,
DOC# 1944450
REGISTER OF DEEDS
WINNEBAGO..
RECORDED.
1 1 • .
RECORDING FEE: 30.01i
PAGES: 7
Naive and ftetiirn Address
3. WkPOSE: The Grantor's property and neighboring properties were City Attorneys WPM
developed in or around 2011 and 2012. The developer formed Oshkicosc t WX
C)sosh, ii�Y M903-1 Y30 `
Grantor's properly and neighboring properties through Certified
Survey Map No. 6535, which was recorded with the Winnebago
County Register of Deeds on April 29, 2011, as Document No. 915,16970000
1570678, The CSM included a 25=116ot drainage easement lit the Parcel tdeii ifieaiieit Nuwber (PIN)
rear yards to benefit all properties storm water drainage. The CSM Is
attached as Exhibit A. The City installed a storm drainage pipe in the easement along with storm inlets to
help drain storin water. When Grantor's property and other properties wore developed; all grading was done
to help the'neighborhood's drainage, it was recently discovered that part of the storm pipe went outside of
part of file easeilient The parties Ore entering into this agreement to recognize the actual location ofthe
storm water pipe as it was installed.
d, BASEMENT, Tito Grantor grants to Grantee, and Granteo accepts, a drainage easement over, under, and
through the Easenidnt Property. This easement attaches to and runs with tale property and all, heirs,
executors, administrators, successors, assigns, and legal representatives ofOrantor and Grantee are subject
to all benefits and burdens.
5: CONSIDERATION, Tito parties enter into this agreement for one dollar and other good and valuable
consideration described in this agrectnent:
6. GRANTOR'S PrtOPERTY: The Easement granted is located within the Grantor's Property situated lit the
City of Oshkosh, Winnebago County, Wisconsin, ('13moniont Property") and described as follows:
Lot 2 of Certified Survey Map No. 6535, recorded with the "Winnebago County Register
of Deeds on April 29,201 I, as Document No, 1570679, located lit the Fifteenth 'Ward,
City of Oshkosh, Winnebago Comity
7: EASEMENT PROPERTY: A map of the Casement Property is attached as Exhibit R. The Casement Property Is
located within Grantor's Property and is more particularly described as:
Legal Description Attached as Exhibit E
8. GSE FOR STOrtM WATErt MANAGEMCNT SYSTEM: Tito Easoirient Property can be used for all purposes
related to storm water drainage. It is expected that grantee will continue to use the easement for an underground
storm water drainage pipe, an inlet to accept water, and grading the surrounding property to help drain Grantor's
property and neighboring properties.
9. MAINTENANCE: Grantor is responsible for maintaining Its storm water facilities in the casement, which current),
Includes underground pipes and a surface level inlet. Grantee shall be responsible for maintaining the surface of
Easement Property,
10, INTPRPERENCB WITH EASEMENT: Grantor cannot interfere with Grantee's drainage facilities Ill the Easement
Property or GrantWs lawful use of the Easement No buildings, structures, landscaping, or vegetation other than
30, 2025
grass are allowed, No fill or grading that would prevent drainage as is eurrently designed us allowed, The Grantee
may notify Grantor of any interference with the easement and if the obstruction is not removed, the Grantee may
remove at Grantor's expense.
TERM; This easement is being granted hh perpetuity for publle purposes and uses, both current and fthture, without
regard to Grantee's -use of the easement at any particular thnc,
12, 2XISTING BASEMENTS; 'flee I3asC!lhetht Property is attaeh�sl to the 2 afoot d!'ait)age easement created in the 2Q 11
CSIVI No, 6535. Grantor wlli not grant any other casements that Interfere with Grantee's use of the drainage
casement,
13, WAIYT?It. No delay or omission by any party to tills agreement in exereising any rigght 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,
waiver by a party of any of the obligations of the outer party shall not be construed to be A waiver of ally breach of
any other (crtns or conditions of this Agreement,
ld, - INVALIDITY: If any tern) or condition of this Agreement, or the application of this .Agreement to imy person or
circuimtance, shall be invalid 0 unenforceable, the reinainder of tills Agreement, or the application of the term or
- Conditlon to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be
affected thereby, and each tern) and condition shall be valid and enforceable to the fullest extent permitted by law,
15, NO fIIfRD-pAIt`I'Y afiNE ICIARY: The terms of this A,grcenlent are f'or 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 tho municipality's right or
opportunity to rely upon tits inunicipal limitations and h)ln)unitics contained within Wisconsin law, Municipal
immunities and limitations include, but are not lill)iSed to,`Scctions 345,05, 893,80, and 893,83, Wisconsin Statutes,
Such damage limits, Caps and immunities are Intended to be preserved alld are i►lcolporated into this agreement and
shall govern all dlsput(.1s, contractual or otherwise, as they apply to the municipality and Its agents, officers, and
employees, .
17, GOVERNING LAW:'This Agreement shall be construed and enforced it) accordance with the laws of tl.)e State of
Wisconsin. Venue for any action regarding tills Agreement shall be the Winnebago County, Wisconsin, Circult
Court or, if a federal court action, then the approprkite district and/or branch within.whieb Winnebago County is
located,
18, AUTHORITY: Granice affirms that all ltecessary boards and elcetcd officials have approved the acceptance of this
Ea'scmcilt, and that the undersigned have the authority to sign this agreement oil behalf ofGrantec, Grantor Affirms
that thoy have the Authority without limitation to enter into this caseinent agreement, The undcl-siVicd assert And
affil'lll that they have tllcy'llove the authority without limitation to ennter illto tills casement agreement oil behalf of
Grantor, Grantee's written consent will be regtired before any Act dt'tlottal Pascmont or use of tills caseluent property
is granted to third parties,
SIGNATURE PAC E$ l:(?i LQ-NV
-11pr l 30, 70"u
IN WITNESS Wl•IERROT, said Grantor has hercuuto set their hand and seal the day and year first nbove written.
GRA TOR
Gary "on
--- -
STATE OF WISCONSIN )
ss:
WINNEBAGO COUNTY j
Personally came before me this _ 1 day of_M1
Monday, to the known to he such persons who executed the l+
herein contilned, (l
l ni,
STATE OP WISCONSINWINNMAGO COUNTY
�
ss,
Linda J° h+9c�nday
2025, the above Hauled Cary P. Monday and Linda J.
instrument and acknowl0ged.the same, for the purpose
Not ry Public, State of°'W'isco�i
°n , a-�
icy �otntnissivn ex r s° Y � d
Personally cane before me tit is —1 day of 1'y\01k/* , 2023, the above named Rebecca Grill and Diane Bartlett, to
me known to be such .pemons who executed the fo(rlea_oing instrument and acknowledged the same, for the purpose herelri
cbniained:
Notary lit lic, State or Wisconsin � a�
My Commission expires:
AP . U % 1sw AS I U 1,111,10,
�n I�orensen; Attorney
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EN(_?IN99RINO AND LAND SURMING
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EXHIBIT A (I pf 3)
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Page 2 of 2
CE11,71VII56 SURVEY MAP NO._ ¢
BEING A R155-DIVIIS10N OF LOTS 12, It,14 AND THE `VILEST 30 f EET OF LOT A DLOOK 6,
FIRST ADDITION TO FLAT OF THE INTER -URBAN LAND COMPANY IN THE FIFTEENTH '
WARD, CITY OF 08I11<08H, WINNEBAGO COUNTY, WISCONSIN,
S.UEt`VEltOt3� CEftTiPJCAT€
"STATE OF WISCONSIN)
r SS
WiNN€RA60 COUNM
1, WILLIAM 0, PRUSK W180on§ln Registered Ladd Surveyar do herdby caflINs
That 1 have surveyed, divided and mapped a parcel being a re -division of Lola 12,10,14 and (he
West 30 feet of Lot A block 6i First Addition to Plat of the Inter -Urban Land Company in the
piiieeflth Ward, City of Oshkosh, Wlnnabago County, Wisconsin, which is Bounded and described
as follows:
BEGINNING at the Northeast comer of Lot 11, Black 5, First Addition to Piaf of Ue Inter=Urban
Land Company; thence N 80603119V E, along the South line of Alien Avenue, a dEstan6e of
180,00" to a point 2040' West of the Norilisast comer of Lot 15, fttetica S 011613131" E,160,00'; to
a point 20,00' West of the Southeast comer of said Lot 16, thence S 896t} 664 W, along the south
fines of sold Lots 18,14,13 and 12,180,06`, to the Southwest confer of sold Lot 12; thence N
0161313V W, along the West Line of saki Lot 12, 160,00', to the POINT OF 6E6INNINO; sold
described tract e4fi infng 27;0tf0 Square Meet, (0,8198 Acres), m6m or leas, "
SAID PARCEL- is SUBJEOTTOALL EXISTING EA85-MENTS AND RESTRICTIONS OF
RECORD,
THAT I Have made this survey by the direction of Kyle C, Hauks; owner of National Asset
Management Group, Inc:, owner of bald land and that such map Is a correct representation of all
the ok orlor boundaries of the land surveyed and the land division tti&W made,
This 0SM Is writalned wholly wilhtn the property described In the following Parcel Number:
01616680100, The 6iacurrient Number of the property Is.,1657438,
THAT I have fully complied with the provislens of Chapter 236 of the Wisconsin Statutes and the
Land Subdivision Ordinances offthe City of Oshkosh,.
Data Wlillam D, f=nreh, Registered Land Surveyor S4028
WILLIAM D" e M
FhUEH'
84026
OSf�K05N
WIs,
EXHIBIT A (2 Of -3)
I'a0e 3 9f 3
CERTIFIED SURVEY MAP NO. &Z- -
BEINQ A RE-DIYISiON OF LOTS 12,13,14 AND THE WEST 30 FED OF LOT 16, BLOCK 5,
FIRST° ADDITION TO PLAT OF THE INTER-VR0A_N LAND COMPANY IN THE FIFTeeNTH
WARD, CITY OF OSHKOSH, WINNEBA00-COUNTY, W15 QNSIN,
OWNER'S CERTI1If;A°rE
AS MNER QF RATIONALL AS891 MANAG 9MENT GRQUP, iNO.r Kyle C° Hauke dQe-5 hereby
certify that he caused a parcel being a re�ttylsion of Lots 12,10,14 and the West 00.feot of Lot
15,13 lock 5, First Addiilon to Plat of the Inter Urban Land Company in the Fifteenth Ward, City of
Qsh>sosh, Winnebago County, Wisconsin, (fife land desenbed on this mepj to be surveyest, divided -
and mapped as represented on this Map in accordOnce u+iith the City of Oshlkwh Subdivision
Ord)natice,
WITNESS the hared and seal 9f said owner this _1day of
iVlo G_° Hauk_
KATE of WISCONSIN) . .
:ss •
WINNEPAQQ OQUNTY)
Personolly come before me thlsl6'day of 2011, the aforement9one-4 tryie C° .
Houke, the owner of IVallopai Asset N{anager�r �t; rnvp� )rio„ to nine known to be ttra person yvho
executed toe foregaln9 In t _ment, dnd ackn� ;.gf}}'eame° .
�S'�,QTA,� 1A
tfotary pUfillG, .v WIaCQoevr
IYIYQornrrltastonF,lilr®8 �olcnl�2 °�n�t,pUeL1G c
----- - —
This Certified Suiv4y Flag of a pence! barns a fii6fd af,Lots the West 30 feet o
Lot 1$, 619cis 5 First Addition to Plat of the Inter Uibon Land Company In the Fifteenth Ward, City,
of Oshkosh, Winnebago County, Wisconsin, Is hereby approved°
Date; "2a=_. _- Authorized RepreseritaliYo
h®rally cedify that ina ccp siartc v+nlh the i ords, In my office, there are no Unpaid laXQ5 or
unpald ssess pecla) asments as of this date on any of the land 1- Uded f n this Certif -4 Survey .
Map being ro-division of hots 12,13,14 and the WO- 51, 30 feet of Lot 15. Bloats ti, First AsTdltlon to
Plat of the inter Urban Land Company in the Fifteenth Ward, City of Oshkosh, t1Ylnnebago County,
Wisconsin,
Oshkosh City Treaeurer -
pater !t 'Yyfnneha90 Goynty Traas�ursr -- _ -- _ _ -
THIS DOCUMENT WAS GRAFTED BY;
-PAW,
William D° Frueh,
Wisconsin Registered Land surveyor, S4026
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EXHIBIT A (3 of 3)
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EXHIBIT B (i of 1) , I §.