HomeMy WebLinkAbout2026-01-22 Non-Exlusive Access Easement 1960331Document Number
Non Exclusive
Access Easement Agreement
Document Title
1. Parties. The Parties to this Easement 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)
. ' 1960331
REGISTER OF DEEDS
. .
1 1 • 1 1 '
PAGES: 6
Recording Area
Name and Return Address r
City Attorney's Office
P.O. Box 1130 cYt�
Oshkosh, WI 54903-1130
Purpose: This Access Easement provides Christine Ann
Services Property with secondary access across City Property. 90724232002
This Access Easement replaces a similar easement in a Parcel Identification Number
different location that was no longer useful due to changes in the City's current parking lot and
drive aisle configuration.
3. Easement: The City gives and grants to Christine Ann Services, and Christine Ann Services
accepts, a limited, non-exclusive Access Easement over and across the Easement Property. All
rights, title and privileges herein granted, including benefits and burdens, shall run with the land
and shall be binding upon and inure to the benefit of the Christine Ann Services and the City, their
respective heirs, executors, administrators, successors, assigns, and legal representatives. The
Access Easement is for the benefit of Christine Ann Services' Property at 240 Algoma Boulevard,
tax parcel 90701421200.
4. Consideration: One and NO/100 dollars ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which are acknowledged.
Christine Ann Services Property: Christine Ann Services is the fee owner of 240 Algoma
Boulevard, tax parcel 90701421200 (Christine Ann Services Property). The Property contains one
primary building and a parking lot. The building's main access, parking lot, and main property
access is on the east side of the Christine Ann Services Property with direct access from Algoma
Boulevard. This Access Easement allows secondary access to the Property via its west boundary.
6. City Property: The City is the fee owner of 215 Church Avenue, tax parcel 90724232002 (City
Property). The Access Easement crosses City Property used as a parking lot by generally
following the path of a drive aisle and driveway through the parking lot.
Easement Property: The Easement Property is described below.
Legal description attached as Exhibit A
Map: A locational map of the Easement Property is attached as Exhibit A.
Use of Easement Property: Additional uses and limitations of the Easement Property include the
following:
(PIN)
a. The Access Easement is limited to providing secondary access to Christine Ann Services Property.
will not be used as the main or primary access to the Property.
08, 2026
r&
b. The Easement Property cannot be used for parking, standing, stopping, storing, staging,
loading/unloading, uses contrary to the Municipal Code, or any activity that interferes with others'
use of the Easement Property.
c. The Access Easement is non-exclusive. The primary use of the Easement Property is for City
purposes, which at the time this document is executed is for public parking lot purposes. However,
the City purposes cannot materially interfere with Christine Ann Services use of the Easement
Property. Christine Ann Services' use may be temporarily disrupted due to maintenance, repair, or
reconstruction.
d. Christine Ann Services' use of the Access Easement is only for surface -level use. No additions,
subtractions, changes to, or other uses of, the Easement Property is allowed, whether at surface,
subsurface, or above -ground level.
e. The Access Easement is for the purpose of providing secondary access to Christine Ann Services'
Property at 240 Algoma Boulevard. Access granted is based on the types of access, intensity of
access, and the Property's development configuration at the time the parties enter into this
Agreement. Temporary use of the Easement Property for other purposes, including for example heavy
delivery or construction equipment, requires advance City approval.
f. Maintenance: The Access Easement crosses through a parking lot and as a result, Christine Ann
Services does not have maintenance obligations within the Easement Property. As long as the
Easement crosses a parking lot, the City will maintain, repair, and replace as necessary, the surface of
the Easement Property. Christine Ann Services is responsible for maintenance, repair, and
replacement of all damage within the Easement Property to the extent caused by Christine Ann
Services' use of the Easement Property
10. Interference with Easement: The priority use of the Easement Property is as a City parking lot. The
Easement Property is subject to the rules and requirements developed by the City for its parking lots and
City property in general. The Easement Property must be used in a manner that is consistent with the
terms of this Agreement. No party can materially interfere with the lawful use of the Easement Property
by others.
11. Future Changes: The City Property may change in use or development configuration in the future. The
parties agree to negotiate in good faith to make reasonable changes to the Easement terms that will
reasonably accommodate each party's needs as circumstances change.
a. Easement Relocation. In some circumstances the Easement may be relocated based on changes in the
development, redevelopment, and/or the use of the property. Any relocation of the Easement must
result/include the following:
i. The new location of the Access Easement must provide materially similar access as the
location described herein;
ii. The new location must have connections to both Church Avenue and Algoma Boulevard,
with a single, continuous Easement between these two connections;
iii. The new location must have a materially similar width and turning radius as described in this
original Easement;
b. Maintenance. The Access Easement currently crosses property that is part of a public parking lot that
is fully maintained by the City. If the City Property changes use and the Access Easement no longer
crosses a parking lot fully maintained by the City, then the parties agree to renegotiate the Easement
2
January 08, 2026
Property maintenance responsibilities. If the Easement Property becomes a shared driveway rather
than a parking lot drive aisle, for example, then each party may pay a proportional share of
maintenance and repairs. If the Easement Property becomes a driveway or access solely benefitting
Christine Ann Services Property, then Christine Ann Services may be solely responsible for
maintenance and repairs.
c. Responsibility for Damage. In all cases, each party is responsible for maintenance, repair, and
replacement of damage resulting from their use of the Easement Property.
d. Change in Easement Use. If there are proposed changes to Christine Ann Services Property and its
use of the Easement Property as identified in paragraph 9.e., above, then the parties shall discuss the
proposed changes in good faith. If the changes are material, then the City may require that no
material changes in use are made. If material changes in use of the Easement Property are instituted
by Christine Ann Services, then the City may elect to terminate the Easement through any lawful
process.
12. Default: If either Christine Ann Services or the City reasonably believe 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, the City
may take immediate action when it reasonably believes that the alleged breach will materially interfere
with its Property.
13. Term: This Access Easement is being granted in perpetuity according to the terms described in this
Agreement.
14. Waiver: No delay or omission by any party to this Easement Agreement in exercising any right or power
arising out of any default under any of the terms or conditions of this Agreement shall be construed as a
waiver of the right or power. In the unusual circumstance where an action/inaction could be construed to
be a waiver, such waiver shall be limited in scope and narrowly construed.
15. Invalidity: If any term or condition of this Agreement is determined by a court of competent jurisdiction
to be invalid or unenforceable, the remainder of this Agreement shall not be affected by such
determination, and each term and condition shall continue to be valid and enforceable to the fullest extent
permitted by law.
16. No Third -Party Beneficiary: The terms of this Agreement are for the benefit of the. two parties identified,
and their heirs, executors, administrators, successors, assigns, and legal representatives. Other persons or
entities do not acquire any rights to enforce or benefit from this Agreement.
17. Municipal Liability: Nothing in this Agreement waives or limits the City's right 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.
Damage limits, caps and immunities found in Wisconsin law are intended to be preserved and are
incorporated into this Agreement and shall govern all disputes, whether arising through the terms of this
Agreement or otherwise, to the extent that the claims, liabilities, or damages apply to the municipality and
its agents, officers, and employees. The foregoing limitations and immunities do not apply to subsequent
owners of the City Property that do not otherwise have statutory limitations and immunities that are
provided by law to governmental entities.
18. Governing Law: This 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.
January 08, 2026
19. Authority: Both the City and Christine Ann Services assert to the other that they have the authority to
enter into this Agreement without limitation. Those signing below assert to the others that they have the
authority without limitation to bind their respective entities.
SIGNATURE PAGE FOLLOWS
0
January 08, 2026
IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day and year
first above written.
CITY OF O OSH, Grantor
By: By:
Rebecca N. Grill, City Manager Darla Salinas, City Clerk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this day o , 2026, the above named Rebecca N. Grill and
Darla Salinas, on behalf of the City of Oshkosh, to me known o be such persons who executed the foregoing
instrument and acknowledged the same, f r the purpose her in c taiped.
Notary Pjblic, State of Wiscnsin J -7
My Commission expires:
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AP OVE jS TO FORM: `�\ GQ�.•........•e
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David Praska, Interim City Attorney .. '9L _
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CHRISTINE ANN DOMESTIC ABUSE SERVICES INC. Grantee 1111111100
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(print name) (title)
STATE OF WISCONSIN )
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WINNEBAGO COUNTY )
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(print name)
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Personally came before me this (� day o wV , 2026, the above named C d,T
and , of Christine Ann Dome tic Abuse Services, Inc, to me known to be such
persons who executed the foregoing instrument
Yand
� acknowledged the same, for the purpose herein'coritained,
Notary Public, State of Wisc nsir�
My Commission expires:
Ilk
This instrument drafted by:
Attorney David J. Praska
Interim City Attorney
Oshkosh WI 54903-1130
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5
January 08, 2026
TfiX PARCEj NO.
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BEARINGS ARE REFERENCED TO THE WEST LINE OF THE NW Y4 OF SECTION 24 O = BEGINNING, END OR CHANGE
WHICH BEARS N00015'32"W, WINNEBAGO COUNTY COORDINATE SYSTEM. IN DIRECTION OF AN ARC OR LINE
PART OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 6713 RECORDED AS DOCUMENT 1634041, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED
IN THE SOUTHWEST Y4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY,
WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING FROM THE SOUTHEAST CORNER OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER
6713, ALSO BEING A POINT ON THE NORTH LINE OF ALGOMA BOULEVARD; THENCE N53134'48"W, 18.48 FEET ALONG SAID NORTH LINE; THENCE
N32a31' 16"E, 88.86 FEET; THENCE N29a13'19"E, 45.10 FEET; THENCE N09a50'06"E, 111.91 FEET; THENCE N28008'27"E, 208.10 FEET TO A POINT ON THE
SOUTH LINE OF CHURCH AVENUE; THENCE S58a34'26"E, 24.04 FEET ALONG SAID SOUTH LINE; THENCE S28a08'27"W, 213.62 FEET TO THE BEGINNING
OF A 22.00-FOOT RADIUS CURVE TO THE LEFT; THENCE 34.52 FEET ALONG SAID CURVE WHOSE CHORD BEARS S16048'23"E, 31.08 FEET; THENCE
S61045' 13"E, 0.23 FEET TO A POINT ON THE EAST LINE OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 6713; THENCE S28014'47"W, 213.70 FEET ALONG
SAID EAST LINE TO A POINT ON THE NORTH LINE OF ALGOMA BOULEVARD AND POINT OF BEGINNING. SAID AREA CONTAINS 9,335 SQUARE FEET OR
0.214 ACRES, MORE OR LESS.
nch equals 100
ACCESS EASEMENT AGREEMENT inchequals0.19mil N
1 inch equals 0.019 miles
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