HomeMy WebLinkAbout2026-01-22 Non-Exlusive Access Easement 1960332Document Number
2.
4.
Non Exclusive
Access Easement Agreement
Document Title
Parties. The Parties to this Easement 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)
REGISTER OF DEEDS
WTMIFRAG.r. MULTYAtff
RECORDED .
1 1 • 11 PM
RECORDING00
PAGES: 5
Area
Name and Return Address
City Attorney's Office p6
P.O. Box 1130 GO
Oshkosh, WI54903-1130
Purpose: The City's dumpster enclosure is located at the
property line between City Property and Christine Ann 90701421200
Services Property. This easement will provide the City with Parcel Identification Number
space to maintain its dumpster enclosure and access other parts of City Property. City access is
for pedestrian purposes, but may include small equipment for maintenance or repair purposes.
Easement: Christine Ann Services gives and grants to the City, and the City 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 benefits the City's Property at 215 Church Avenue, tax parcel 90724232002.
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 Access Easement
crosses Christine Ann Services Property adjacent to City Property.
City Property: The City is the fee owner of 215 Church Avenue, tax parcel 90724232002 (City
Property). The Access Easement crosses Christine Ann Services Property adjacent to City
Property.
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: In addition to other terms and conditions described in this Agreement,
uses and limitations of the Easement Property are as follows:
(PIN)
a. The Access Easement is for the limited purposes of accessing the City's dumpster enclosure for
maintenance, use, and other tasks, along with accessing the City's Property on each side of the
dumpster enclosure.
f,A
b. The Easement Property will typically be used for pedestrian purposes, except smaller equipment may
be used for maintenance and other purposes. The Easement Property cannot be used for storing,
staging, or otherwise blocking use of the Easement Property by others.
c. It is non-exclusive. While The City is allowed to use as described herein, Christine Ann Services is
allowed to use, operate, and maintain the Easement Property as long as those uses do not materially
disrupt the City's use of the Easement. Each parry's use of the Easement Property may be
temporarily disrupted due to maintenance, repair, or reconstruction.
d. The City's Easement use is allowed at the surface level only. No change in surface elevation, digging,
or installation of anything above or below ground is allowed. Similarly, Christine Ann Services is not
allowed to change anything in the Easement Property that would obstruct or limit the City's use of the
Easement Property.
e. Christine Ann Services may install a security or other fence along its property boundary. If a fence is
installed, a gate or gates (depending on the fence installed) must be provided, without cost to the City,
allowing the City access to the Easement Property. If a lock or other security feature is installed on a
gate(s), the City must be provided with a key, code, or other method allowing access the Easement
Property without delay.
10. Maintenance: The City does not have maintenance obligations within the Easement Property. Christine
Ann Services will maintain, repair, and replace as necessary, the surface of the Easement Property
However, in all cases the City is responsible for maintenance or repairs of damage to the extent caused by
the City's use of the Easement Property.
11. Interference with Easement: This is a non-exclusive Easement. All users of the Easement Property are
expected to cooperate in good faith regarding sharing the use of the Easement Property. The City will not
make any changes to the surface, subsurface, or above ground in the Easement Property. Christine Ann
Services is allowed to make changes to its Property as long as the changes to not materially interfere with
the City's use of the Easement Property.
12. Default: If either The City or Christine Ann Services 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, Christine
Ann Services 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. However, if the City's dumpster enclosure is
permanently removed, or permanently moved/realigned, resulting in the City being able to fully access
and maintain its property without the use of Christine Ann Services Property, then the City agrees to
release its interests in this Access Easement.
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.
2
January 08, 2026
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 have or 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 does 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.
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 that they have the authority
without limitation to sign this Agreement and bind their respective entities.
SIGNATURE PAGE FOLLOWS
3
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, Grantee
0
By: By: / 1
Rebecca N. Grill, City Manager ar a Sa inas, Ci Clerk
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before me this 15 day of U CVW 6 2026, the above named Rebecca N. Grill and
Darla Salinas, on behalf of the City of Oshkosh, to me known t be such persons who executed the foregoing
instrument and acknowledged the same, fo the purpose r ' coGlt�ntained.
Notary Pu c, State of Wisconsin
My Commission expires: ?' 3//
�: ,y sTAL •��a
AP O AS TO FORM:®T e •�
-
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David J. Praska, Interim City Attorney ��A :• �eL I C °
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'0'JA//WIS; O ` "
CHRISTINE ANN DOMESTIC ABUSE SERVICES, INC., Grantor
B
(print name) (title)
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
By:
(print name)
(title)
Personally came before me this day of U , 2026, the above named
and , of Christine Ann Domest c Abuse Services, Inc, to me known to be such
persons who executed the foregoing instrument and acknowledged the same, for the purpose herein contained.
�—W'Lu k� �W�t�
Notary Public, State of Wisconsin
My Commission expires: -1 `A
j1`II'111MU11j","I ,
;',tie, •- --�- ����.
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This instrument drafted by:
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Attorney David J. Praska
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Interim City Attorney
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Oshkosh, WI 54903-1130
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January 08, 2026
,„al`
//TA/VARCEL NO. \
90724232002 POINT OF
`\ BEGINNING
LOT 1
CSM 6713
N29020'54 "E
20.50'
\ \ S60039'06 "E \
6.00'
S29020'54 "W
20.50' I
N60039'06 "W
6.00'
\`\BLOCK G
LEM- N.'S MAP
` OF 1894, TAX PARCEL NO.
90701421200
15
2
17
3
i
BEARINGS ARE REFERENCED TO THE WEST LINE OF THE NW '/4 OF SECTION 24 o = BEGINNING, END OR CHANGE
WHICH BEARS NOOa15'32"W, WINNEBAGO COUNTY COORDINATE SYSTEM. IN DIRECTION OF AN ARC OR LINE
49 `
J ,
13
BEING PART OF LOT 15, BLOCK G OF LEACH'S MAP OF 1894, RECORDED IN VOLUME 5, PAGE 24, WINNEBAGO COUNTY REGISTER
OF DEEDS, LOCATED IN THE SOUTHWEST'/4 OF THE NORTHWEST'/4 OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, 7TH WARD,
CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHWESTERLY CORNER OF LOT 19, BLOCK G OF SAID LEACH'S MAP OF 1894; THENCE S29120'54"W, 35.75 FEET ALONG THE EAST
LINE OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 6713, RECORDED AS DOCUMENT NUMBER 1634041, WINNEBAGO COUNTY
REGISTER OF DEEDS TO THE POINT OF BEGINNING; THENCE S60139'06"E, 6.00 FEET; THENCE S29120'54"W, 20.50 FEET; THENCE
N60039'06"W, 6.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT l; THENCE N29120'54"E, 20.50 FEET ALONG SAID EAST LINE TO
THE POINT OF BEGINNING. SAID AREA CONTAINS 123 SQUARE FEET, MORE OR LESS.
I inch equals 30 feet
ACCESS EASEMENT AGREEMENT
N
1 inch equals 0.006 miles
T O 21 5 CHURCH AVENUE
10 5 0 10 20
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EXHIBIT (1 of 1)
Oshkosh
Feet
aty of oft—h maps and data are intended to be used far general Identification purposes only, and the City of Oshkosh
assumes no lability for the accuracy of the information. Those swing the Information ore mspomile for verifying accuracy. For
Printing Date: 9/19/2025
Prepared by. City of Oshkosh, W1
full disclaimer please go to w .cLcshkoshvA.us/GISdwdauner
hieffnlArc GIS Pro ProiectslEasernenlslChristine Ann CehterlAccess_ to. Cilv_From_CAC_240_ALgorna.aprx
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