HomeMy WebLinkAbout2026-01-22 Easement Agreement 19603302.
EASEMENT AMENDMENT
Parties. The Parties to this Agreement are as follows:
a. Christine Ann Domestic Abuse Services, Inc., 240 Algoma
Blvd, Oshkosh, Wisconsin 54901-4740, a Wisconsin Non -
Stock Corporation (Grantor, Christine Ann Services),
b. City of Oshkosh, 215 Church Avenue, Oshkosh, Wisconsin
54901, a Wisconsin municipal corporation (Grantee, City)
DOC# 1960330
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED
01/22/2026 00 PM
RECORDING 00
PAGES: 9
Area
ame and Return Address
City Attorney's Office
Easement. The City of Oshkosh holds an easement located II PO Box 1130
Oshkosh, WI 54903-1130
across Christine Ann Services -owned property. The easement
purpose is alternatively referred to by the granting documents as 90701421200
"right-of-way" and "access" allowing the City to better use its
adjoining property. The easement was granted through two Parcel Identification Number
documents by a prior owner of the Christine Ann Services
property. The first 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 602720. The second document acknowledging the easement 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. A copy of the Agreement and Easement is attached as
Exhibit A. A copy of the Warranty Deed 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:
(PIN)
Commencing at the Northwesterly corner of Lot 19 of said Block "G"; running thence North 57
degrees 26 minutes 09 seconds West 15.00 feet, along the Northerly line of Lot 15 to its
Northwesterly corner; thence South 32 degrees 30 minutes 51 seconds West 120.00 feet, along the
Westerly line of said Lot 15; thence North 57 degrees 26 minutes 09 seconds West 2.51 feet,
along the northerly line of said Lot 15; thence South 29 degrees 41 minutes 59 seconds West
96.09 feet; thence South 59 degrees 52 minutes 56 seconds East 7.80 feet; thence North 30
degrees 49 minutes 39 seconds East 21.09 feet; thence 59 degrees 36 minutes 19 seconds East
8.00 feet; thence North 3,0 degrees 23 minutes 41 seconds East 64.30 feet, to the Southwest corner
of said Lot 19, thence North 32 degrees 30 minutes 51 seconds East 130.00 feet, along the
Westerly line of said Lot 19 to the true point of beginning.
1. 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.
08, 2026
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
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
Christine Ann Services' unrestricted access to its adjoining building. 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. Christine Ann Services will maintain
landscaping between the sidewalk and their 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 all other costs.
f. The easement purpose and use in all other respects remain the same as in the granting
documents.
CITY OF O HKOSH ,..
By:�w "
By:
)�S -
Rebecca N. Grill, City Manager aria Salinas, City Clerk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this 1 ' day of �Ci O , 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 ro1Fpp"pip be
such persons who executed the foregoing instrument and acknowledgnnedAthe same, for the purpo�e�����o��r��j�
Cj
Notary P lic, State of Wisconsi v aQTR�QY
My Commission expires:
r N •'• AV B L1G 2
CHRISTINE ANN DOMESTIC ABUSE SERVICES, INC. °.• ; •
By. _ By. 0 f l e l l 11 �
t v�`fls�
(print name) (title) (print name)', (title)
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this V day o�UhXlr , 2026, the above named 1 f `" V`\Vs( `
and , of Christine Ann Domestic Abuse Services, Inc, to me known to be such
persons who executed the foregoing instrument and acknowledged the same, for the purpose herein contained.
Notary Public, State of Wis
<f, ,4z
My Commission expires: �,�.,, A4)A
Drafted by:
David J. Praska, Deputy City Attorney
Oshkosh, Wisconsin
January 08, 2026
AGREEMENT AND EASEMENT
THIS AGREEMENT entered into this 12. day of
1983, by ,MRI DEVELOPMENT CORPORATION, Grantor, and CITY OF OSHKOSH, as
Grantee,
WHEREAS, The Grantor has purchased from Grantee certain prop-
erties in the City of Oshkosh; and
WHEREAS, as inducement for such purchase, 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 shal!
be for the sole purpose of access to and from the property purchased by
the Grantor from the Grantee. Grantee in no way shall have the right
to disturb 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 whatsoc;er due to
the granting of this easement.
4. Graatee agrees to maintain the land described in this ease-
ment in the same manner and tr, the same degree that the property was at
the ensuing of this agreement.
4. This -easement is granted for the sole purpose of allowing
access, both ingress and egress, to Grantee, its invitees and tenants,
to the property heretofore conveyed to''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 A (1 of 4)
WITNESS:
STATE OF WISCONSIN
CITY OF OSHKOSH
f
By:
William D. Frueh, City Manager
And., s.
Mnna C. Serwas, ty Clerk
MRI
By
And:
EV LOPMENi CORPORATION
yne CJV Chaney, Presid7)t
c:onard u. Backus, .lacre La.Ly
) ss
WINNEBAGO COUNTY ) CO
Personally came before me this ;J day of ,
1963, 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.
{ V 4+ `
This instrument was drafted by
Edmund C. Carns'
i
No ry Public, `State of III 9coir,.'
My commissionQ�u,._
EXHIBIT A (2 of 4)
EXHIBIT A
Commencing at the Southwesterly corner of Lot 15 of said
Block "G"; thence N. 290-17'-33" E. 222.48 feet, along the
Westerly line of said Lot 15 to the true point of beginning;
running thence S. 590-401-09" E. 77.56 feet; thence N.
300-49'-39" E. 28.29 feet; thence S. 590-36'-19" E. 8.00
feet; thence S. 300-23'-41" W. 8.00 feet, to the Northwest
corner of the Beach Building; thence S. 300-491-39" W. 28.00
feet, along the Westerly wall of said Beach Building; thence
N. 590-101-21" W. 85.43 feet, along the Northerly wall of
said building and its Westerly projection to a {point on
the Westerly line of said Lot 15; thence N. 29'-171-33" E.
6.98 fit, alem-r the West- 3- line of said Lot 15 to the
true point of beginning
All of Leach's Map of 1894, Seventh (7th) Ward, City of Oshkosh
EXHIBIT A (3 of 4)
EXHIBIT A (4 of 4)
DOCt.et•tEr:T 1•:O. STATE 13AR OF W1SCOtiSIN FORM 1-1982
WARRANTY DEED
ThisDeed, made between ...............:........•..............................
CLc};• of• Gshkosh,, a, ?1un•ic,i,pa� ..C.prpor.iti,-Q•n... -...
.... . ...... ..... .
.................................. Grantor.
:end �tRI DL.vLI.opme.nt._.Cc)rpor3tion....... .... ........ ........... ..
... ............ .......... ...........
- ... __._.....__.---••-... .......... Grantee,
'vVitnesseth, That :he said Grantor, for a valuable consideration ...._
.................... ........... .................... ............ •-•...........
conveys to Crrntee the follo%ringdescribed real estate in _YN.;Lfl-lnqbag-C........ ..
County, State of Winconsin:
See attached descrlptior_
R:,g.r.z='a L=.1cu M.
WIxlneDa:go County, SPta. C
8ece1-_ ad !gr record U
ttlSri Day of W
b.)7 19 at:
r
F.EGI's, DF DEEDS cro
Tax Parcel No:
This ___Ls__mot----------- homestead property.
i (is) (is not)
Together with mill and singular the hereditsments and appurtenanczs .hereunto belonging;
' Cit of Oshkosh a_ Munici al Cor oraticatt
� And.--'---•--.Y.--_...__---•_•-_-_'_•-••'------ -•----•---------P --------------P----•-_......------•'______"-•._-•------••-•--'-------_-__-__-•----
vw:arrants that the title is good, indefeasible in fee simple and free and clear of encumbrances except
and will warrant and deefed the same- - 1
Dated this .-'------------ Z:---- -- •- ---------------- d'_' of bc.�' -- ------- -(-.... ----• ---- - -- -- 19__ S3_.
C2�-OSHKO�
-- - --- - ------------------- SEAL 8 dJ - - - - --•.iS£AL)
(SEAL) 3' --
----•------
•-•-•---•--•----•..._____•-------•-•--..._-•-------•------------•--(SEAL) - - 4:2-- ---- •---(SEAL)
r_______________________________________.__-_____________-_--____-_ ` ..... ..... ------- ____-_-----
I: AVTHENTXA 0N•• ACSNOWLEDGMENT
i S' atnre (a) _ _ _....._S`.__.. ._•. S ____ STATE OF �PISCONSIUI
..L.-- ----�._. _.._ ..-_•.---.___.—_.^..._-_ County. � ss •
nuth t� his Z da o __ ^�!{� ____� 191�7 Personally came before me this daY of ' `
19___.__ the above named
( TITL rEMBER STATE R F WISCDNSIN
r
cif .:G:.
anthori¢ed by § 706.OG. Win. State.] - ------'----'-------- _- • •----___.-...____—
to me known to be the l axsem _-_-__--- Who executed the
foregoing instrument cn.i acknowledge the same-
THIS JNSTRUMCNT WAS DRAFTED BY
.Edmund C. Carns -- ----_-�.._ _.._. _. .. _._...__---__-.......__ i
---------------••-----_-_-----•------•••......................... ._...------- ---- - ---------
-^- ---- ^- - --- - -----^•- Notary Public—__.---- - Connty, �Pm 1
(Signnturcc may be nutheatiented or acknowledged_ Roth ?-Ty Commission is peraanar- : - :u t, "tat' r�tpi-.then
nre not necmcnry-) date:
•�armw K>___,
rp.p
of Ie°N cleniee in enr eapeltr should 6e 4d 29____-_—•)
bdew their ofsaa4ceer.
WAnnArrr DEED STATE nAR OF WL..COA'=N EXHIBIT B (1 of 2) ie tas.1 nlapk Co. Ipn
FOR]. Nr_ i — isms kee_ WE,.
a part of Lots 15, 13, 17 and 23 of Block "c:" of Leach Is Map of 1894, Seventh (7th)
Ward, City of Oshkosh, Winnebago County, Wisconsin contazning 73,454_02 square fc-t
of land and being described by: Commancing at the Southwesterly corner of Lot 15
of said Block "a" and being the true point of beginning; running thence \_ 29'-17'-33"
E.•222_48 feet,'alr:ing the Westerly line of said Lot 15: thence S. 591-40'-09" E. 77.56
1--et, thence W. 30'-49'-39" E. 28.29 feet; thence S. 59 36'-19" E. S.OU Feet; thence
N_ 301-23'-41" E. 64.30 feet, to the Southwesterly corner of Lot 19 of said 51ock "G";
thence S. 571-28'-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 &.Sock "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 Nnrtt:westerly Nall of the re-
creation gymnasium intersects the Northerly line of said Lot 17- thence S. 33'-27'10" W.
88_22 feet, along said wall; thence %_ 561-32'-50" W_ 4_98 feet, along said wall; thence
S. 33'-27'=10" W. 3.0-30 feet, along said wall; theence S. 56'-32'-50" E_ 4_99 feet, along
said wall; thence S_ 331-27'-10" W. 38.85 feet, along said wall; 'thence S. 561-27"-51
E_ 14.99 feet, along said wall and its projection tea a point on the Easterly line of
Lot 17 of paid Block "G"; thence S. 34'•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) Canmencing at the Southwesterly corner of said Lot 15
and being the true point of beginning; running thence N. 521-28'-00" 11. 12.12 feet, along
the Southerly line of Lot 16 of said Block "G"; thence N_ 29--17'-33" E_ 25B.00 feet,
along a line 12 feet Westerly of and parallel to the Easterly line of said Lot 16; thence
N_ 141-50'-041' W. 23.65 feet; thence N_ 29--44'-001' E. 72.00 feet; thence N_ 75--07'-04"
E_ 22.18 feet; thence N. 29--17'-•33" E_ 85-23 feet, along a 11.ne 12 feet Westerly of and
parallel to the Easterly line of said Lot 16 to a point on the hsortherly line of said
Lot 16; thence S. 57'-26'-09" E. 3.2.02 feet, along the Northerly line of said Lot 16 to
its Northeasterly corner; thence S_ 29'-17'-33" W_ 105_31 feet, along the Easterly line
of sai_c3 Lot 16 to its intersection with the Northerly wall of the City Gm:age Building;
thence N_ 60'-00'-04" W. 15.95 feet, along said wall; thence S. 29'-44'-00" W_ 57.77 feet,
along said wall; thence S_ 60--00'-04" E. 7.45 feet, along said wa11; 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 line of said Lot 16 to the true point of beginning. (2) CotTimeneing
- • h- c..-�- • •__ Ga L. 1'r,_ Cvi�.._•2 w: aui i iuL ice; uk:t a�:v xz_ ���-i i • -�:a• M. 777.4S Z _�L, cLic�tKJ
the�Westerly�liae of said Lot 15 to the true point of beginning; running thence S_ 59'•-40'-09"
E_ 77.56 feet; thence N_ 30'-49'-391' E_ 7-20 £eet, thence N_ 59'-52'-56" W. 77.74 feet,
along the Southerly wall line of the City '.gage Building and its extension to its inter-
section with the Westerly line of said Lot 15; thence S_ 29--17'-33" iC_ S.M. feet, along
the Westerly line of said Lot 15 to the true point of begi n.Ing_ (3) Commencing at te
Northwesterly corner of Lot 19 of said Block "G" and being the true point of beginningh;
running thence N_ 57'-26109" W_ 3.5.00 feet, along the Northerly line of Lot 15 to its
Northesterly 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 L.ot 15; thence
S_ 29'-411-59" W. 96.09 Feet; thence S_ 59'-52-c56" B... 7.80 feet; thence N_ 30'-49'-39" E.
21.09 feet; thence S. 59'-36'-19" E. 8_00 feet; thence N_ 301-23'-41" E_ 64_30 feet, to
the Southwest corner of said Lot 29, thence N. 321-30'-51" E. 130.00 feet, along the
Westerly line of said Lot 19 to the true point of beginning_
ahe afore described being subject to the follo'ai.ng two (2) easements far 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'-521' 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'-Z7'-10"
E_ 30.30 feet; thence S. 56'-32"-50" E. 4.98 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'-101'
W_ 88.22 feet, along the Westerly wall of the gymnasium building and its Northerly pro-
jection; thence N. 56'-32'-50" W. 4.98 feet, along said wall; thence S. 33'-27'-10" W.
10.30 feet, along said wall; thence 5..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
maid wal3 and its Easterly projection to a point on the Easterly line of said Lot 17;
thence S. 34'-20'-52" W_ 10.02 feet, along the Easterly line of said Lot 17 to the true
point of begi.r nincr. (2) SeEM ie' at the Southwesterlyeorncr of Lot 15 of said_ Block
1 thence N. 29'-7'- " E. 222.43 feet. along the Westerly line of said Lot 15 to the
13. f
EXC TW_- G thereLrom Commencing at the Southwesterly (most Wesi�LE3ly) corner of said Loft;
thence northeasterly, along 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 B (2 of 2)
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EXHIBIT C (1 of 1)
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