HomeMy WebLinkAbout2026-01-22 Easement Agreement 240 AlgomaEASEMENT AMENDMENT
Parties. The Parties to this Easement Amendment Agreement
are as follows:
a. City of Oshkosh, 215 Church Avenue, Oshkosh, Wisconsin
54901, a Wisconsin municipal corporation (Grantor, City)
b. Christine Ann Domestic Abuse Services, Inc., 240 Algoma
Blvd, Oshkosh, Wisconsin 54901-4740, a Wisconsin Non -
Stock Corporation (Grantee, Christine Ann Services),
DOC# 1960329
REGISTER OF DEEDS
WTMIFBAG . .
RECORDED.
01/22/2026 00 PM
RECORDING00
PAGES: 9
Recording Area
Name and Return Address
City Attorney's Office
PO Box 1130
Oshkosh, WI 54903-1130
Easement. Christine Ann Services holds an easement located 90724232002
across City -owned property as the successor in interest of the
property owner in the original documents granting the easement. Parcel Identification Number (PIN)
The easement purpose is alternatively referred to by the granting
documents as "right-of-way" and "access" allowing Christine Ann Services to'better use its
adjoining property. The easement was granted through two documents. The first document is a
Warranty Deed dated December 12, 1983, and recorded with the Winnebago County Register of
Deeds on December 13, 1983, as Document Number 602735. The second document is an
Agreement and Easement dated December 12 ,1983, and recorded with the Winnebago County
Register of Deeds on December 13, 1983, as Document Number 602737. A copy of the Warranty
Deed is attached as Exhibit A. A copy of the Agreement and Easement is attached as Exhibit B.
Each of the foregoing documents addresses multiple easement properties. The subject of this
Amendment is only the Easement Property identified below, which is also marked within the
attached Exhibits.
Easement Property. The same Easement Property is described in each of the aforementioned
documents attached as Exhibits A and B, and is the subject of this Amendment Agreement. A
map of the Easement is attached as Exhibit C. It is described as:
Part of Lot 15, Block "G", Th Ward, Leach's Map of 1894, City of Oshkosh, Winnebago County,
Wisconsin, described as follows:
Commencing at the Southwesterly corner of said Lot 15; thence N. 29-17-33 E. 222.48 feet, along
the Westerly line of said Lot 15 to the true point of beginning; running thence S. 59-52-56 W.
77.56 feet; thence N. 30-49-39 E. 7.20 feet; thence N. 59-52-56 W. 77.74 feet, along the Southerly
wall line of the City Garage Building and its extension to its intersection with the Westerly line of
said Lot 15; thence S. 29-17-33 W. 6.91 feet, along the Westerly line of said Lot 15 to the true
point of beginning.
Amendment Terms. The easement as granted in the two recorded documents included minimal
detail of the parties' respective intended benefits and burdens of the easement. The parties seek to
further clarify the allowed purpose and other details of the easement. .
a. The easement will only be used for pedestrian and landscaping purposes. Personal mobility
equipment is allowed. Smaller equipment used for things like snow removal and maintenance
is allowed.
b. The easement has never been dedicated as a public way, nor used for public use or transport,
and will not be used for such purposes in the future. The easement is non-exclusive to allow
C, �
08, 2026
each party to this Agreement the ability to access and/or use their property in a safe and
efficient way.
c. Fencing, including security fencing, may be placed in the easement, provided it doesn't block
the City's unrestricted access to its adjoining garage. If gates or doors with locks are
installed, both parties must have keys to maintain access.
d. The City will remove snow and ice from the sidewalk. The City will maintain landscaping
between the sidewalk and the City's building. Any changes to this must be in writing and
signed by both parties.
e. The parties will share equally the cost of replacement of sidewalk. The City is responsible
for other maintenance costs.
f. The easement purpose and use in all other respects remain the same as in the granting
documents.
CITY OF O HKOSH
By. By:
Rebecca N. Grill, City Manager Darla Salinas, City Clerk
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before me this ) 5 day of J &Jv 2026, the above named Rebecca N. Grill and
Darla Salinas, on behalf of the City of Oshkosh as the City Manager and City Clerk, respectively, to me known to be
such persons who executed the foregoing instrument and acknowledged the same, for the purp,�g*EIM4AadgLitained.
Notary Ablic, State of Wisc nsi , Q "7 rTA&j,
My Commission expires:
. e
CHRISTINE ANN DOMESTIC ABUSE SERVICES, INC. pUB00 '
Nj, : s
By(t � By: W1SG
(print name) (title) (print name) (title)
STATE OF WISCONSIN
) ss.
WINNEBAGO COUNTY ) I y�
Personally came before me this day of &r , 2026, the above named 0 1 ��V
and , of Christine Ann Domest Abuse Services, Inc, to me know to be such
persons who executed the foregoing instrument and acknowledged the same, for the purpose herein contained.
Notary Public, State of Wisconsin % �r�A
My Commission expires: � - L 22 -� I
Drafted by:
David J. Praska, Deputy City Attorney
Oshkosh, Wisconsin
January 08, 2026
DOCUMENT r:o- STATE BAR OF WISCOXSL; FORM 1-1982
WARRANTY DEED
ThisDeed, Inatle between ................................. ..................
CLt-, of. Oshkosh., a, �;un,ic,i,pa] .Corpor iti.Qn.__ ....
. ..... ................ .. ••...........
Grantor.
MRI.Dp.ve.1.opment...Co.rror-a.tiOn....... _.__ ........ ........... ..
.... .......... ...........
.......... Grantee,
WitneSSet11. That :he said Grantor, for a valuable consideration ......
.. .................... ..... .........
conveys W Grantee the following described real estate in _�y7 f111tCY��C7•o..._......
County, State of 'Wisconsin:
See attached description_
�M IS SJi.�L BLS CK�L9 rOK NLCO KOIT.G t]A'A
Winnebago County, WL• ,- C
$Bcelz*ed i� record U
thlil Day of w
� U REGI�R OF DEEDS
nr_Tuaw To % 1'
Tnz Parcel No:
FEE
EXE'M�
This .__lS.-.mat----------- homestead property.
(is) (is not)
Together with all and sinseular the hereditaments and appurtenancwt thercunto belonging;
And..--C::L y_of Oshkosh, a Mun ici al__COr _oratiJii___-_.-__.....--................................
warrants Chat sloe title is good, indefeasible in fee siaple and Tree and dear of encumbrances except
and will warrant and defe d the same. C
]Dated this ..............------•-----•------- day of ----
---------------------------------------------------------- (SEAL)
V --------------------------------------
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(SEAL)
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CITY OSHKO
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AC$N0W3r.ZDGMENT
STATE OF WISCONSIN
ss /
------- -----------------..County.
Personally came before me thin — .............day of
-------„-----_------- 19..--__ the above named
t:
---....._--_----•-------. ....... -.......
---- ---------- ------- ---------------- ------ ^---- --•-------- i
-------------•---•------------_•---------•-----•---•---------__--.-- i
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to me known to be t'iP pnason __ ..... who executed the
foregoing instrument ena acknowledge the Same.
Edmund C. Carns ----------------------
. -•-•--------•••---•---••-••---------....._---••••---•---•--.............. -- - - --- ------ -- jr
.......------•---•--•---•......-----.----•............................:...-_.. Notnry Public --------• ----- ------- ._ County, Wis. I
(Signatures may be anthenticated or acknowledged. 'Roth My Commission is pernono^' 0-- :.r t. ntaro expiration
are not nece_c my-)
date- _--------------•----------------• 19--------•) �
t •Sannw or p,,,nnn aignins in any eapaelty should be trP�l or printed beio r their aianatutrea.
' wAnnANTr DEEP arATr. nAR OP Wi$CO\$IN EXHIBIT A (1 of 2) ;;��• w6 Blank Co, ins
POR]I Ne. i — i!!S
AWTI-IRNT&CA7�LCIM
D STATE RA E-OF WISCONSM
(uth.: in. StabL)
orized by E 706.06. —7------------------••---•----- ----------- --..
W a
TNIS INSTRU161ENT WAS DRAFTED BY
A part.
of
Lots 15. 13.
17 and 23 of Block "S"
of L.eachIs Map of
1894, Seventh
(7th)
W- d
-4
F O hFcsh
Winne---o Countv Wisconsin
eontainirg 73
454.02 ware
fee t
r , 1t} o_ s
of land and being described 1--mm v: Coencinaat the South-westerly corner of Lot 15
of said Bieck "G" and being the true point of beginning; running thence \_ 291-17'-33"
E_ • 222 _ 48 feet, 'along th.. Westerly line of said LoL 15: thence S. 59'-40 • -09" E. 77.56
€vet; thence N- 30'-49'-39" E. 28.29 feet; thence S. 59'-36'-19" E. B.OU feet; thence
N. 30'-23'-41" E. 64.30 feet, to the Southwesterly corner of Lot 19 of said Block "G":
thence S. 57'-28'-00" E. 98.50 feet, along the Southerly line of said Lot 19 to the
Southeasterly corner of said Lot 19; thence S. 36 33'-15" W- 15.83 feet, along the
Westerly line of Lot 13 of said i?.Lock "G": thence S. 55'-58'-53" E. 55.59 feet, along
the Southerly edge of a concrete curb line; thence S. 45'-03'-33" E. 9.91 feet, to the'
Northerly line of Lot 17 of said Block "G"; thence S. 57'-26'-09" E. 5.62 feet, along
the Northerly line of said Lot 17 to a point where the Northwesterly wall of the re-
creation gymnasium intersects the Northerly line of said Lot 17; thence S. 33'-27110" W.
88_22 feet, along said wall; thence N- 56'-32'-50" W. 4.98 feet, along said wall; thence
S. 331-27-10" W. 3.0.30 feet, along said wall; thence S. 5E"-32'-50" E. 4.99 feet, along
said wall; thence S. 33'-27'-10" W. .38.85 feet, along said wall; *thence S. 5611-27"-51"
E_ 14.99 feet, along said wall and its projection to a point on the Easterly line of
Lot 17 of zaid Block "G thence S. 341••20'-52" W. 182.49 feet, to the Southeasterly
corner of said Lot 17; thence N- 52"-28'-00" W. 245.88 feet along the Southerly line of
said Lots 17, 23 and 15 to the true point of beginning.
Together with the following three (3) easements for right-of-way purposes over the
following described lands: (1) Commencing at the Southwesterly corner of said Lot 15
and being the true point of beginning; running thence N. 52'-28'-00" W. 12.12 feet, along
the Southerly line of Lot 16 of said Block "G"; thence N. 29'-17'-33" E_ 258.00 feet,
along a line 12 feet Westerly of and parallel to the Easterly line of said Lot 16; thence
N_ 14'-50'-04" W. 23.65 feet; thence N. 29'-44'-00" E. 72.00 feet; thence N. 75'-07'-04"
E. 22.18 feet; thence N. 29'-17'-•33" E. 85.23 .feet, along a line 12 feet Westerly of and
parallel to the Easterly line of said Lot 16 to a point on the Northerly line of said
Lot 16; thence S. 57'-26'-09"1 E. 3.2.02 feet, along the Northerly line of said Lot 16 to
its Northeasterly corner; thence S. 291-17-33" W. 105-31 feet, along the Easterly line
of said Lot 16 to its intersection with the Northerly wall of the City Garage Building;
thence N. 60'-00'-04" W. 15.95 feet, along said wall; thence S. 291-44'-00" W_ 57.77 feet,
along said wall; thence S_ 60--00'-04" E. 7.45 feet, along said wall; thence S. 29'-44'-00"
W. 9.27 feet, along said wall; thence S. 59'-52'-56" E- 9.02 feet, along said wall to its
intersection with the Easterly line of said Lot 16; thence S. 29'-17'-33" W. 276.34 feet,
along the Easterly Sine of said Lot 16 to the tree point of beginning. (2) Commencing
'itC�..:.�. �.j �a::�1� �.ui�w.'1 uu. .5ui.:.a LAIC. 1.�; Ll lvil�:t L.. tJ--1 / .�.�' G. LLG.tiO 1Gh:.l d1ULlC.]
the westerly -line of said Lot 15 to the true point of beginni.n-I running thence S. 59'•-40'-09"
E- 77.56 feet; thence N_ 30'-491-391' E. 7_20 feet, thence N. 59'-52'-56" W. 77.74 feet..
sectlen W1Ln the nt-Srerly Jane- OL sale Lot 1M' tnence 5 Gy•'-1 /'-.i,S" R b "J, feet a.Long
the Westerly line of said Lot 15 to the true point of beginning- (3) Commencing at �h=
Northwesterly corner of Lot 19 of said Block "G" and being the true point of beginning;
running thence N. 57'-26.09" W. 15.00 feet, along the Northerly line of Lot 1.5 to its
North- terly corner; thence S_ 32--30'-51" W- 120.00 feet, along the Westerly line of said
Lot 15; thence N_ 57'-26'-09" W. 2.51 feet, along the Northerly line of said Got 15; thence
S. 29'-41'-59" W_ 96.09 feet; thence S. 591-52----56" R. 7.80 feet; thence N. 30'-49'-39" E.
21.09 feet; thence S. 59'-36'-19" E. 8.00 feet; thence N. 30'-23'-41" E. 64.30 feet, to
the Southwest corner of said Lot 29, thence N. 32'-30'=51" E. 130.00 feet, along the
Westerly line of said Lot 19 to the true point of beginning.
The afore described being subject to the following two (2) easements for right-of-way
purposes over the following described lands: (1) Commencing at '.he Southesterly corner
of Lot 17 of Block "G"; thence N. 34'-20'-52" E- 172.47 feet, along the Easterly line of
said Lot 17 to the true point of beginning,. running thence N. 56'-27'-51" W. 24.84 feet;
thence N. 33'-27'-10" E. 38.85 feet; thence.N- 56'-32'-50" W. 4.98 feet; thence N.33--27'-10"
E. 30.30 feet; thence S. 56--32"-50" E. 4.9e feet, thence N. 33'-27'-10" E. 79.02 feet;
thence S. 45'-03'-33" E. 4.47 feet, to a point on the Northerly line of said Lot 17; thence
S_ 57'-26'-09" E. 5.62 feet, along the Northerly line of said Lot 17; thence S. 33'-27'-10"
W. 88.22 feet, along the Westerly wall of the gymnasium building and its Northerly pro-
jectiora; thence N. 561-32'-50" W. 4.98 feet, along said wall; thence S_ 33'-27'-10" W.
10.30 feet, along said wall; thence S..56--32'-50" E. 4.99 feet, along said wall; thence
S. 33'-27'-10" W. 38.85 feet, along said wall; thence S. 561-27'-51" E. 14.99 feet, along
said wal3 and its Fasterly projection to a point on the Easterly line of said Lot 17;
thence S. 34'-20'-52" W. 10.02 xeet, along the Easterly line of said Lot 17 to the true
point of beginning- (2) Caimencin3 at the Southwesterly corner of Lot 15 of said Block
"G"; thence N. 29--17'-33" E. 222.43 feet, along the Westerly line of said Lot 15 to the
true point of beginning; running thence S. 59'-40'-09" E. 77.56 feet; thence N. 30'-49'-39"
E: 28.29 feet; thence S. 59'-36'-19" E_ 8.00 feet; thence S. 301-23'-41" W. 8.00 feet, to
the Northwest corner of the Beach Building; thence S_ 30'-49'-39" W. 28.00 feet, along
the Westerly wall of said Beach Building; thence N. 59'-10'-21" W. 85.43 feet, along the
Northerly wall of said building ai3 its Westerly projection to a point on the Westerly
line of said Lot 15; thence N_ 291-17'-33" E_ 6.98 feet, along the Westerly line of said
= Lot 15 • to' the: ,,E point of beginning
EXCEPT-ING therefrom Commencing at the Southwesterly (most Wes%e-ly) corner of said Lole:
thence northeasterly, alc-ng the Northwesterly line of said Lot% 3.00 feet, the place
of beginning;'thence continuing northeasterly, along the Northwesterly line of said
Lot 13,1.18 feet; thence south 55 degrees 58 minutes 53 seconds east, 32.44 feet, to
a point on a line that is 3.00 feet northerly of and parallel with the Southwesterly
line of -said Lot; thence north 58 degrees 4 minutes 24 seconds west, parallel with
the Southwesterly line of said Lot, 32.47 feet, to the place of beginning.
EXHIBIT A (2 of 2)
A3REE"fENT AND EASEMENT
THIS AGREEMENT entered into this 1
l Z� day of
1983, by the CITY OF OSHKOSH, Grantor, and MRI DEVELOPMENT CORPOZATION','
as Grantee,
WHEREAS, the Grantor has sold to Grantee certain properties
in the Cite of Oshkosh; and
WHEREAS, as inducement of such sale, Grantee requires an access
easement over property of Grantor, herein described in Exhibit A,
NOW. THEREFORE, IT IS AGREED BY AND BETWEEN the parties that:
1. Grantor shall provide access to and over the following
described property to Grantee. See attached Exhibit A.
2. This access shall be in the nature of an easement and shall
be -for the sole purpose of access to and from the property sold to the
Grantee by the Grantor. Grantee in no way shall have the right to dis-
turb the surface of the land herein described.
3. Grantee upon acceptance of this easement will hold'harmless
the Grantor from any claims or damage for any cause whatsoever due to
the granting of this. easement.
4. Grantee agrees to maintain the land described in.this ease-
ment in the same manner and to the same degree that the property was at
the ensuing of this agreement.
5. ' This -easement is granted for the sole purpose of allowing
access, both ingress and egress, to Grantee, its invitees and tenants,
.to .the propertyheretoforeconveyed by the Grantor and the Grantee in
accepting the easement, accepts full responsibility for maintenance of
the property and all liability for anyone who traverses said easement.
EXHIBIT B (1 of 4)
WITNESS:
STATE OF WISCONSIN
CITY OF O HKOSH
By:
Will m D. Frueh, City Manager
And:
Dcrna C. Serwas, Pfty Clerk
MRI DMELOPMENT CORPORATION
And:
WayneUC.wChaney, Presiden.
onara Q. Bacxus, secretary
WINNEBAGO COUNTY ) ss
t�' (:;,N\
rcr: un4ll y came berore me tnis day of N
1983, the above named William D. Frueh, Donna C. Serwas, Wayne C.
Chaney and Leonard G. Backus, to be known to be the Persons who
executed the foregoing instrument and acknowledged the same.
This in was drafted by
Edmund C. Carns
No ar Public, State of Wisconsin
My commission:_- &-jt-
EXHIBIT B (2 of 4)
EXHIBIT A
Commencirc, at the Southwesterly corner of said Lot 15 and being the true point of
beginning; running thence N. 52°-28'-00" :. 142.12 feet, along the Southerly line of
Lot 16 of said Block "G"; thence N. 290
-17'-33" E. 258.00 feet, along a linee 12•feet.
Westerly of and parallel to the Easterly line of said Lot 16: thence N. l.4'-501 -04"
W. 23.65 feet; thence N. 290-441-00" E. 72.00 feet; thence N. 75°-071-04".E. 22.18
feet; thence N. 29'-17,-33" E. 85.23 feet, along a line 12 feet Westerly of and:
parallel to the Easterly line of said Irot 16 to a point on the Northerly line of
said Lot 16; thence S. 57'-26T-09" E. 12.02 feet, along the ":ortherly line of said
Lot 16 to its Northeasterly corner; thence S. 29'-17'-3311 W. 105.31 feet, along the
Easterly line of said Lot 16 to its intersection, with the Northerly wall of the
City Garage Building; thence N. 60"-00'-04" W. 15.95 feet, along said wall; thence
S. 290-44'-0011 W. 57.77 feet, along said wall.; thence S. 60°-001-04" E. 7.45 feet,
along said wall; thence S. 290-44'-00" W. 9.27 feet, along said wall; thence S.
590-52-56" E. 9.02 feet, along said wall to its intersection with the Easterly
line of said Lot 16; thence S. 2.9'--17'-33" W. 276.34 feet, along the Easterly line
of said Lot 16 to the true point of beginning.
at the Southwesterly corner of said Lot 15; thence N. 29*-171-331, E.
, along the Westerly line of said Lot 15 to the true point of beginn
nce S. 590-40'-09" E. 77.56 feet: thence N. 30'-49'-39" E. 7.20 feet
.
am
line of said Lot
Commencing at the Northwesterly corner of Lot 19 of said Block "G" and being the
t—":, r.niw� nR �.v.i rr.�..�. �VrN +..r+ }.,`w'.n t1T 9.'70 W Tr INT t'CCt ..1.. thn A%nrthcrll.
line of Lot 15 to its Northwesterly corner; thence S. 32'-301-51" W. 120 feet, along
the Westerlv line of said Lot 15; thence N. 57'-26'-09" W. 2.51 feet, along the
Northerly line of said Lot 15; thence S. 290-41'-591T W. 96.09 feet; thence S.
590-52'-56" E. 7.80 feet; thence N. 30 49'-39" E. 21.09 feet; thence S. 59'-W -19"
E. 8.00 feet; thence N. 30`-231-41" E. 64.30 feet, to the Souttywest corner of said
Lot 19, thence N. 320-30'-51" E. 130.00 feet, along the Westerly line of said Lot
19 to the true point of beginning.
All of Leach's Map of 1894, Seventh (7th) Ward, City of Oshkosh.
EXHIBIT B (3 of 4)
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