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Home My WebLink About355 Foster StDocument Number i Encroachment Agreement CITY OF OSHKOSH AND PROPERTY OWNER This document drafted by, David J. Praska, Deputy City Attorney City, of Oshkosh, Wisconsin DOC# 1951947 SUSAN SNYDER REGISTER OF DEEDS. WINNEBAGO COUNTY, WI RECORDED ON- 09/05/2025 12:05 PM RECORDING FEE: 30.00 PAGES: 8 and Return Address City Attorney's Office PO Box 1130- - Oshkosh, W1 54903C-111 96609701000 Parcel Identification: Number August 15, 2025 ENCROACHMENTAGREEMENT This Agreement is between the City of Oshkosh (City), and Robert D. Campbell (Owner). The parties enter into this Agreement for $1.00 and other good and valuable consideration as described in this Agreement, the sufficiency and receipt of which is acknowledged. 1. The Owner is the fee owner of Property identified as Tax Parcel Number 90608701000 and commonly known as 355 Foster Street. The Property is more particularly described as: Lot Eleven (11), according to the recorded Foster Heights Plat, in the Sixth Ward, City of Oshkosh, Winnebago County, Wisconsin. 2. The Property was created when the Foster Heights subdivision was recorded with the Winnebago County Register of Deeds on October 17, 2003, as Document Number 1283398. The subdivisio vlat included_a fifteen _(15)-foot Water and- Drainage Easement_aLongthe south side yard boundary. The Plat also included a ten (10) foot Drainage Easement along the rear yard boundary. The subdivision Plat is attached as Exhibit A. 3. A map of the Easements and the Encroachments within the Easements is attached as Exhibit B. The Encroachments include a corner of the house/eave of the roof, and landscape improvements, including trees and other vegetation, that have been installed in the Easements. 4. No structure or object is allowed to obstructor interfere with the City's use of its Easement. The structures and objects Encroaching into the Easements interfere with the City's use of its Easements by requiring additional costs and time to projects for their removal before being able to address the City's lawful uses of the Easements. Therefore, the City's permission through this Agreement is necessary to set forth the parties' respective obligations. 5. The City will allow the existing Encroachments subject to the terms of this Agreement. A material consideration of this Agreement is the explicit understanding that the City's permission allowing an Encroachment does change, minimize, waive, or affect any of the City's easement rights. The City's permission also does not create or grant any property rights related to the Encroachments or the use of the Easements. This Encroachment does not attach to the land but instead is personal to the Owner,and is revocable at the sole discretion of and by the City. 6. The Encroachment must remain the same as currently constructed or installed. It cannot be enlarged, altered, modified, or replaced without written approval by the City. Approval is at the sole discretion of the City, which has no obligation to approve any changes.. For clarification purposes, the permissions for the purpose of this Agreement does not affect other obligations to the City, for things such as permits, zoning, and storm water, or to private individuals for things such as storm water drainage. 7. The City's permission for this Encroachment is contingent upon the initial, and continuing, compliance with all applicable local, state, and federal statutes, codes and rules. The Encroachment shall comply with City Ordinances, and state and federal laws and regulation regarding related subjects including setbacks, storm water drainage, fencing, zoning, property maintenance; permitting, and public nuisance. 2 August 15, 2025 , 8. The Owner is solely responsible for any and all personal or property damage to the extent - caused by the Encroachment. Owner is responsible for ensuring that the Encroachments do not limit or interfere with storm water.. drainage. 9. The Owner is . solely responsible for securing, maintaining, repairing, and replacing the Encroachment. The Owner is responsible for identifying accurate -properly boundaries. The City's permission and approval of this Encroachment is not meant to state or imply that the City guaranties or warranties the short- and long-term stability and safety and/or compliance of the Encroachment.. The Owner always retains the responsibility and liability for the Encroachment. ' 10. The Water & Drainage Easement and the Drainage Easement are both subject to maintenance, repair, grading, and replacement. To that end,.' a:. The Owner is solely responsible for removing, or protecting in some circumstances, the Encroachment if it will be affected by any public or non-public maintenance, repair, or replacement projects or activities within the Easements. The City will not be responsible for any costs related to the disruption or removal of the Encroachment. b. The Owner is solely responsible for making sure storm water drainage is not adversely affected by the existence of Encroachments. c. The City will make reasonable efforts to provide advance notification to the Owner of projects or activities in the Easements. Advance notice for emergency activities is typically not feasible, but the City will make reasonable efforts during or after the emergency activities to communicate with the Owner. d. The Owner's Factions to protect or remove the Encroachment must be taken in a lawful manner, and must be undertaken within the City's timeframe. e. The City is not be responsible for any alteration or damage to any Encroachment, or to any structure or improvement outside the Easement that is attached to the Encroachment by is damaged due _to- the removal, : alteration, --or- protection _of the_ _._ _ Encroachment. f. The City's priority is to take care of maintenance,, repair, and replacement of its facilities without regard to obj ects that may be in the Easements. Therefore, the City may, but has no obligation to, move or remove any object in the Easements when undertaking the lawful use of its Easement. Removal of any object by the City is at the City's sole discretion, but the City is not responsible for any damage resulting from the removal or attempted removal. g. The Owner is responsible for reinstalling / reconstructing the Encroachment regardless of who removed the Encroachment. The reinstallation / reconstruction must be preapproved by the City, with approval at the City's sole discretion. August 15, 2025 11. The revocable nature of the City's permission that is also personal to the Owner and not a property or other right results in the fact that the Owner is not eligible to receive any compensation, reimbursement, or payment, of any kind for the removal, alteration, or limited accessibility, in whole or in part, whether temporary or permanent, of the Encroachment. 12. The City is allowed to revoke its permission for the Encroachment at its sole discretion. Reasons for revocation include the following reasons: a. The use and/or proper function of the Water & Drainage Easements prohibit the continued existence and location of the Encroachment, with a particular prohibition described in statutes, court cases, rules, regulations, or best practices; b. The continued existence of the Encroachment would limit the intended use of the Easements with such determination to be made solely at the discretion of the City; c. The City at its` sole discretion determines that the Encroachment adversely affects the use and functioning of its public facilities and/or storm water drainage; d. The Encroachment is increased in scope or density, expanded, materially changed, and/or moved without permission; e. The Encroachment is prohibited by any local, state, or federal rules, laws, or guidelines relating to any public facility located in the drainage easement; f. The Owner fails to properly maintain, repair, or replace the Encroachment; g. The Owner conveys, in whole or in part, an ownership interest in the property to another person or entity; h. The Owner fails to provide the City with annual written proof that the Encroachment is covered by the required insurance. 13. The Encroachment must be removed immediately upon the termination, revocation, or expiration of the City's permission and of this Agreement. In the event that the Owner fails or refuses to remove the Encroachment, the City may, but is not required to, enter Owner's property to the extent necessary to remove and dispose of -the Encroachment "-All costs of removal will be the Owner's responsibility. 14. 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 Encroachment. The Owner shall protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which are related to the Encroachment, to the extent such action, claim, and demand are caused by the Encroachment. 15. The Owner's responsibilities pursuant to this Agreement extend to other persons, contractors, and agents performing work on Owner's behalf and related to the Encroachment, as well as successors and assigns, and those with any interest in the Property. The Owner is responsible for the actions of the Owner's contractors, agents, or representatives. 4 August 15, 2025 16. This. Agreement is solely for the benefit of the City and the Owner, and is not intended to benefit any other person or entity. 17. The City at its sole discretion will elect to enforce or not enforce any provision of this Agreement, as well as `determining the timing of enforcement. Regardless of enforcement or non -enforcement, the Owner remains obligation to comply with all terms of this Agreement. Enforcement decisions will not act as a waiver of any right to enforce any provision in this Agreement in the future. 18. This Agreement shall incorporate and apply all immunities and limitations on liability provided to municipalities within the Wisconsin Statutes, regardless of whether a claim is based upon contract, tort, or other theory. The City does not waive such immunities and - -limitations nnd' shall -be able to rely on them through this Agreement. 19. The Encroachment permission does not reflect the granting of any right l property or otherwise, and the Owner's ability to have Encroachments in the Easements does not attach to or run with the land. This Agreement may be recorded with the land records for the purpose of providing notice and clarity to subsequent owners that the Encroachments may required to be removed according to the terms of this Agreement. 20. All parties signing below state that they have the authority to enter into this Agreement without limitation or restriction. 21. The City's permission is personal to the Owner, and cannot be transferred or assigned to any other person or entity, whether voluntarily or involuntarily. Permission for the Encroachment is 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. Any delay in the City's enforcement of this Agreement shall not adversely affect its right to pursue enforcement and compliance. The City's permission is also immediately revoked where the Property is transferred to an entity of which the Owner as defined above is the sole or partial Owner of the entity. SIGNATURK PAGE -FOLLOWS---- -- . — - -- — - - _ - - -- -- — -- — --I- 5 August 15, 2025 PROPERTY OWNER: FOSTER355 • Robert EY campAi,owner STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) 3 Personally came before me this &5 day of , 2025, the. above -named Robert D. Campbell to me known to be the person who executed the foregakrig document and acknowledged the same.. . CHERYL PIONKE Notary Public Notary Publi , tate of Wisconsin State of Wisconsin My Commission expires:. -3 - ] Y -J05? CITY OF OSHKOSH n B [/ And: Rebecca N. Grill, City Manager Diane . Bartlett, City `Clerk STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this 01,6- day of iqLiQ u, 2025, the above -named RebeccaN. Grill, City Manager, and Diane M. Bartlett, City Clerk, of the tity of Oshkosh, a municipal corporation, to me known to be the persons who executed the foregoing instrument, and to me known to be such officers of said corporation, and acknowledged as that they executed the foregoinstrument foregoing iment such officers_ as the deed d __ of said corporation, by its authority. °' CHERYL PIONKE Notary Public State of Wisconsin Notary Pu i , State of Wisconsin My CommisMon. expires: 6_ 14-aQa2_ August 15, 2025 C : I vl Lli �I I Stl?+'nVJ 1Gu_ � L.. ,:.6'•�•^�r -----------J12j 41 �------- LII — On- 'MU TZ wU= ----------------- I O I NI CI L{.I )91tl xitl.n 3.: J.tt.mms Nd99) 183NJ.S ddaNN of 391tl 'xsu i wLL�75 A ` I ( t` a ittlJ,ScaPL'6 L� I --- '^o e CCa 99 ppY n x W i•.L.1 00 � sod Cg n r °F w - <, €$=g$avO2 ma € �aa z C Ego o _ 3 z I m I $oC1i-1 W 000000C9 d) LL ujLU N W �� CA.. , pQl O EXHIBIT B (1 of 1)