HomeMy WebLinkAbout2025-10-17 Encroachment - 650 N MainDOC# 1954659
Encroachment Agreement SUSAN SNYDER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
10/17/2025 12:13 PM
RECORDING FEE: 30.00
CITY OF OSHKOSH
no, w-P7
PROPERTY OWNER
This document drafted by:
David J. Praska, Deputy City Attorney
City of Oshkosh, Wisconsin
Recording Area
Name and Return Address Xbf
City Attorney's Office coly
PO Box 1130 614
Oshkosh, W1 54903-1130
90402230100
Parcel Identification Number
September 30, 2025 1 CA
ENCROACHMENT AGREEMENT
This Agreement is between the City of Oshkosh (City) and The Corridor Development, LLC
(Owner). The parties enter into this agreement for $1.00 and other good and valuable consideration as
described in this Agreement, the receipt of which is acknowledged.
A. Owner is the fee owner of Tax Parcel Number 90402230100 (Property), which is currently a larger
redevelopment area with frontage along both the 600 block of North Main Street and the 600 Block
of Jefferson Street. The Property is generally known as 650 North Main Street, Oshkosh. The
Property is more particularly described as:
Legal Description attached as Exhibit A
B. The Property is located east of North Main Street and West of Jefferson Street. The Property is
being redeveloped for mixed use purposes. The redevelopment along North Main Street will
include buildings with stoops that will be within the property boundaries, while the footings
underneath four (4) stoops will Encroach into the right-of-way by six (6) inches, each (collectively,
the `Encroachment"). The Encroachment of the footings into the right-of-way results in the need
for this Agreement.
C. The Owner requests permission from the City that would allow the stoop footings to Encroach into
the North Main Street right-of-way which will accommodate the needs of their site design for the
redevelopment. The location of the stoop and footings are identified in Exhibit B.
D. The City grants permission to Owner allowing the footings Encroachment into the City's North
Main Street public right-of-way for Bay Street, provided the Encroachment does not extend any
further into the right-of-way than identified in Exhibit B.
E. The City's permission for the Encroachment is contingent upon the initial, and continuing,
compliance with all applicable local, state, and federal statutes, codes, ordinances, and rules.
F. Owner is solely responsible for maintaining, repairing, and replacing the Encroachment. The City's
permission and approval of this Encroachment does not affirm or imply that the City guaranties,
warranties, or acquires any responsibility for, the short and/or long-term stability, safety, and
compliance of the Encroachment. The Encroachment is and always remains the sole responsibility
and liability of Owner.
G. Owner acknowledges and agrees that City's public utilities and public facilities within the right-of-
way are subject to ongoing operation, maintenance, repair, and replacement, as well as the potential
installation of new or additional facilities the City deems necessary within the right-of-way. To
that end,
1. The City will provide Owner with reasonable advance notice of any City repairs or
activities that affect the Encroachment area. In the case of an emergency affecting the
Encroachment Areas, the City may proceed to alleviate the emergency situation without
notice, but shall notify Owner as soon as practicable.
2. The City will cooperate and help coordinate any disruptions of access into Owner's
building through the Encroachment area. However, Owner is responsible for costs and
logistics related to removing, rerouting, or limiting the use of the stoop, and for otherwise
September 30, 2025 2
protecting the Encroachment, that are necessary because of public maintenance, repair, or
replacement projects or activities within the Encroachment area. If the City needs to dig
near the Encroachment, it will work with Owner to stabilize the Encroachment, but does
not guaranty that the Encroachment will avoid settling or movement. The City will not be
responsible for any costs related to the support, settling, movement, disruption, removal,
or repair of the Encroachment, or for ensuring the Owner continues to be compliant with
all applicable regulations during construction.
3. The parties agree to work together and coordinate actions necessary to facilitate and/or
accommodate any planned construction, maintenance, repair, or replacement of public
utilities or Encroachment within the timeframe of the anticipated work.
H. Due to the underlying personal rather than property nature of the Encroachment permission, and of
this Agreement, Owner is not eligible for, and specifically disavows, any right to receive
compensation of any kind for the removal, alteration, or limited accessibility, in whole or in part,
whether temporary or permanent, of the Encroachment.
I. At some point in the future, certain local, state, or federal laws, policies, or procedures, or the City's
desired use of the public right-of-way, may conflict with the Encroachment. Such conflicts or
anticipated conflicts will likely have a significant lead time to allow a negotiated resolution to
accommodate each parry's interests. The parties agree to consult with each other in good faith and
assist with any approvals or changes necessary. To that end, the following issues may in the future
adversely affect, limit, or terminate Owner's use of the Encroachment Area:
1. The City at its sole discretion determines that the Encroachment adversely affects the use
and functioning of the public right-of-way and the public facilities and improvements
therein;
2. Additional encroachments are added, or the existing Encroachment is materially expanded,
without permission from the City;
3. Local, state, or federal rules, laws, guidelines, or best practices relating to any public
facility located in the right-of-way, or any other local, state, or federal law prohibit the
continued location of the Encroachment;
4. Owner fails to properly maintain, repair, or replace the Encroachment; or,
5. Any other lawful reason or circumstance. Without limitation, the City always retains the
right to order the removal of the Encroachment from the right-of-way as allowed by State
law.
I 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. Owner shall protect and hold the City of Oshkosh harmless
and indemnify against all actions, claims and demands of any kind or character whatsoever which
are related to the Encroachment, except to the extent caused by the City's negligence.
K. Owner's responsibilities and liabilities pursuant to this Agreement extend to other persons,
contractors, and agents performing work on Owner's behalf that are related to the Encroachment.
L. This Agreement is solely for the benefit of the City and Owner, and it does not benefit any third -
party, nor attach to the Property in such a way that it would benefit successors and assigns.
September 30, 2025
M. The decision to enforce or not enforce any rule or obligation, as well as the timing of enforcement,
shall be at the discretion of the City and such decision shall not act as a waiver of any rights to
exercise any right relating to the Encroachment in the future.
N. The City benefits from certain municipal immunities and limitations of liability. This Agreement
shall incorporate and adopt 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. This Agreement shall be interpreted according to Wisconsin law, regardless of any choice
of law statutes. The venue for disputes shall be Winnebago County, Wisconsin.
O. This Encroachment Agreement shall inure to the benefit of, and be binding upon, these two parties.
To the extent that Owner rents out or leases out the Property, Owner shall remain responsible for
its obligations described in this Agreement even though the actions are taken by tenants or are
related to any tenancy. Owner may have agreements with tenants or other to shift costs and
responsibilities between them. The City is not bound by the terms or cost or liability shifting within
those agreements.
P. This Agreement may be recorded with the Winnebago County land records for information
purposes only and does not describe the transfer or acquisition of any property rights or interest.
The action of recording this Agreement shall not imply the grant or conveyance of any interests or
rights in property. This Agreement shall expire upon the conveyance of any interest in the Property;
provided, however, that upon or prior to any such contemplated conveyance, the City shall
negotiate in good faith with the contemplated grantee(s) thereof an agreement that balances the
public's interest in using, maintaining, and protecting the street right-of-way with the grantee's
interest in maintaining the structural integrity and investments of the private improvements. The
parties' discussions will begin with the terms of this agreement.
[SIGNATURE PAGE FOLLOWS]
September 30, 2025 4
Dated this day of 92025.
THE CORRIDOR DEVELOPMENT, LLC
A Wisconsin limited liability company
By: The Corridor MM, LLC
A Wisconsin limited liability company
Its: Managing Member
By: Commonwealth Holdings III, LLC
A Wisconsin limited liability company
Its: Member
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 bi d this Limited Liability Company without restrictions applicable to this document.
Alternatively, is Limited Liability Company has not filed a Statement of Authority, but I explicitly assert
that I do hav the authority to bind the Limited Liability Company to the terms of this document without
limitatidn o restriction.
Manager
STATE OF WISCONSIN
COUNTY
N.0
Personally came before me this 8-� day of 0(.;6 , 2025, the above-121 'ed,",
Morgan, in her capacity as noted herein, to me known to be the persons who executed gi®jfpreg ;
document and acknowledged the same. _ _- t�` l C '
Notary Public, State of Wiscqnsm �''��,,w�SC�ON���.••
My Co mission expires: i i o 23
CITY PF OSHKOSH
a
By: And:
Rebecca N. Grill, City Manager Cheryl Pionl a Interim City Clerk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this 1 3 day of 19M[1421 , 2025, the above -named Rebecca
N. Grill, City Manager, and Cheryl Pionke, Interim City Clerk, of the City 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 that they executed the foregoing instrument as such
officers as the deed of said corporation, by its authority. L A n _ e.! os _
NotaryViblic State,'of sc ns1
My Commissio&plsa.'. '
c rr��ft BY F
a PU
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September 30, 2025 5
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EXHIBITA .
Legal Description
Lot 1 of CERTIFIED SURVEY MAP NO. 8195 recorded in the Office of the Register of Deeds for
Winnebago County, Wisconsin on November 07, 2024, as Document No. 1933802, said Certified Survey
Map being a redivision of all of Lot 3 and part of Lots 5, 6, 7, and 8 of Block 72 in the Fourth Ward Per
Leach's Map of 1894 and all of Lots 1 and 2 of Certified Survey Map No. 5872 as recorded in Document
No. 1394260, all Located in the Northeast 1/4 of the Northwest 1/4 of Section 24, Township 18 North,
Range 16 East, City of Oshkosh, Winnebago County, Wisconsin.
Far informational purposes only:
Address: 656 North Main Street, Oshkosh, WI 54901
Parcel Identification No.: 0402230100
EXHIBIT A (1 of 1)
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