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HomeMy WebLinkAboutPublic Sidewalk Easement Agreement 2.10.2025Document Number Public Sidewalk Easement Agreement Document Title 1. EFFECTIVE DATE: This Easement Agreement is effective this day of DgeLff7& ✓ , 2024. 2. PARTIES: 627 BAY SHORE DRIVE, LLC, a Wisconsin Limite, Liability Company, 625 Bay Shore Drive, Oshkosh, Wisconsin 54901 5216, Grantor, and CITY OF OSHKOSH, a Municipal Corporation, 21. Church Avenue, Oshkosh, Wisconsin 54901, Grantee. 3. CONSIDERATION: One Dollar ($1.00) and other good and valual: consideration paid by the Grantee, the receipt and sufficiency of which hereby acknowledged DOC# 1938873 REGISTER OF DEEDS WTMIFBAG. . RECORDED ON: 1 1 1 01:18 PM RECORDING00 PAGES: 6 ling Area and Return Address City Attorney's Office PO Box 1130 Oshkosh. WI 54903-1130 90800790000 Parcel Identification Number (PIN) 4. PURPOSE: The purpose of this Easement is to slightly expand the public sidewalk at the southwest corner of tl intersection of Bay Shore Drive and Mill Street. The corner requires expansion to allow the sidewalk to becon compliant with the Americans with Disabilities Act. The Easement Property will in all respects be used and treated the same manner as all other public sidewalks within the City of Oshkosh. 5. EASEMENT: Grantor grants, and Grantee accepts, and Easement over, across, and through the Easement Prc described herein for the purpose of allowing Grantee to construct, maintain, and operate a public sidewalk. All i title and privileges herein granted, including benefits and burdens, shall run with the land and shall be binding and inure to the benefit of the Grantor and Grantee, their respective heirs, executors, administrators, succe assigns, and legal representatives. 6. GRANTOR PROPERTY: Grantor's Property is a commercial, industrial, and light manufacturing property. 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 put sidewalk in a public right-of-way. However, despite the broad scope of the Easement uses this Agreement does constitute a public dedication, either formally or informally. The Grantee will be installing an ADA compliant put concrete sidewalk. The Grantee may in the future move or install facilities such as poles, signs, traffic signals, elec pull box, underground wiring, and related equipment and facilities. Grantee shall have the right to fully use Easement Property for all purposes associated with these uses. Use of the Easement Property will be subject to applicable local, state, and federal rules and regulations for those uses. The Grantee shall have the right to acce survey, lay, construct, use, operate, maintain, repair, replace, relocate, and/or remove all allowed equipment facilities that are allowed by this Easement Agreement. 08, 2024 Its, 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 ofthe 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 ofthe 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 of the 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 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 2 November 08, 2024 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: 627 Bay Shore Drive, LLC PO Box 1186 Oshkosh, WI 54903 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 November 08, 2024 IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day and year first above written. GRANTOR 627 BAY SHORE DRIVE, 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: Arthur W. Dumke, Member STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this day of D.cg,4m lo&q- , 2024, the above -named Arthur W. Dumke to me known to be such person who executed the foregoing document for the purpose therein contained. . . Notary Public, State of Wisconsin My Commission expires: (o 1 L4 / 2o? Diane X Bartlett, City Clerk STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) ERIN ST. LAWRENCE Notary Public State of Wisconsin Personally came before me this 31 day of JaJWO Yq, 2024, 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 h " nt ' d � ,o Notary Public, State of Wisconsin My Commission expires: / 1 Ap2-7 AP OVED AS FORM: (__IWALUE� . Loren ity Attorney 4 November 08, 2024 Easement for Sidewalk Parcel 08-0079-0000 Owner: 627 Bay Shore Drive LLC Address: 627 Bay Shore Drive Being a part of the Southwest 1/4 of the Southeast 1/4 of Section 24, Township 18 North, Range 16 East, Eighth Ward, City of Oshkosh, Winnebago County, Wisconsin, bounded and described as follows: Commencing at the southwesterly corner of the southerly line of Bay Shore Drive and westerly line of Mill Street, the true point of beginning; thence westerly 5.0 feet along the said southerly line of Bay Shore Drive; thence southeasterly in a straight line 7.1 feet to a point on the said westerly line of Mill Street, 5.0 feet south of the southwesterly corner of the said southerly line of Bay Shore Drive and said westerly line of Mill Street; thence northerly 5.0 feet along the said westerly line of Mill Street to the southwesterly corner of the said southerly line of Bay Shore Drive and said westerly line of Mill Street; the true point of beginning. Said easement contains 12.5 square feet or 0.000287 acres more or less. EXHIBIT A (1 of 1) ro U Z 0 123d oz = HONI t oz of o OIHdVHD bzor-zz-O! waam a malls afl .Nmvxa :ETi VN alild NOISIAIQ ONMONIONS HSOXHSO ffO Ul3 / lr F— LL wCY W� W / W � � Z W z U) - •• —j 11 = ICL �� I o,_pW W� 2QW`�_�Q Wes- 1 /0�� v) 0 0lQO 0 -4- _ f' W d-�Nn-, p W z _ 0O p cn (n O LLJ Un / N O C)00 o ; 0 Nz —j �- 0 W CU �- m � o r Q N 0Q EXHIBIT B (1 of 1) 0— O m