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Home My WebLink About1962973- Non-Exclusive Drainage Easement AgreementNon Exclusive Drainage Easement Agreement 1. DATE: This Easement Agreement is effective 2 -1 2026. L 7.11:4111 MIS a. City of Oshkosh, a Wisconsin Municipal Corporation, 215 Avenue, Oshkosh, Wisconsin 54902, located in Wir. County, Wisconsin, Grantor, and b. Leeco Steel, LLC, an Illinois Limited Liability Company, 101 Warrenville Road, Lisle, Illinois, 60532-0903, Grantee DOC# 1962973 SUSAN DE REGISTER OF DEEDS WTMIFBAG . . RECORDED. 0 0• RECORDING00 PAGES: 5 Recording Area Name and Return Address City Attorney's Office P.O. Box 1130 Oshkosh, WI 54903-1130 91329210100,91329200100 Parcel Identification Number (PIN) CONSIDERATION: One Dollar ($1.00) and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged. 4. PURPOSE: The Grantor's Property contains a previously constructed a regional stormwater basin. Grantee owns adjacent property, and seeks to utilize Grantor's regional stormwater basin. This Easement Agreement allows the Grantee to cross Grantor's Property with private underground stormwater facilities as part of Grantee's approved grading and drainage plan for its property. 5. EASEMENT: Grantor does hereby give and grant unto Grantee, and Grantee accepts, a non-exclusive storm water drainage easement over, under, and through the Easement Property described in this Agreement. 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 Grantor and Grantee, their respective heirs, executors, administrators, successors, assigns, and legal representatives. 6.. GRANTOR PROPERTY: The Grantor is the fee owner if the following Property: Outlot 1 of Certified Survey Map No. 5874, recorded with the Winnebago County Register of Deeds on April 20, 2006, as Document No. 1395140, located in part of the Southeast 1/4 and part of the Southwest'/4 of Section 32, Township 18 North, Range 16 East, in the 141' Ward, in the City of Oshkosh, Winnebago County, Wisconsin. 7. EASEMENT PROPERTY: The Drainage Easement granted in this Agreement shall be over, under, and through Easement Property described as follows: Legal Description Attached as Exhibit A 8. MAP: A map reflecting the location of the Easement granted in this Agreement is attached as Exhibit A. 9. BENEFITTING PROPERTY: Grantee's Property benefitting from the terms of this Easement Agreement is limited to Lot 1 of Certified Survey Map 5895, recorded with the Winnebago County Register of Deeds on June 01, 2006, as Document Number 1399812, City of Oshkosh, Winnebago County, Wisconsin. The Property is also known as 2900 Atlas Avenue, Oshkosh, Wisconsin, and tax parcel 91329200100. 01, 2025 1 C,5 10. ALLOWED EASEMENT USES: Grantee will use the Easement Property as part of the storm water management system for its adjacent Property. Grantee will install appropriate stormwater drainage facilities at Grantee's expense upon approval by the Grantor, and approval shall not be unreasonably withheld. All installations shall be underground, except for outfalls, riprap, and other those surface level installments required by the approved design. Changes to Grantee's stormwater drainage facilities within the Easement Property require approval from the Grantor before commencing changes. 11. MAINTENANCE: Grantee is responsible for maintaining all of its stormwater facilities within the Easement Property. Grantee shall restore the surface of the Easement Property after any disruptions due to Grantee's use of the Easement Property. Restoration will include grading, seeding, mulch, and any appropriate runoff control measures. Grantor will maintain the surface of the Easement Property. 12. INTERFERENCE WITH EASEMENT: No structures, buildings, impervious surfaces, landscaping, trees or other woody stemmed plants, or other non-stormwater facilities are allowed in the Easement Property. Snow and ice cannot be placed on the Easement Property. 13. USE OF EASEMENT BY OTHERS: Construction and maintenance rights and obligations identified herein may be temporarily assigned by the Grantor and/or Grantee to any contractor, third party, or other person. Assignees must demonstrate that they have sufficient competence and must give adequate assurances that any work to be performed in or around the Easement shall be conducted in a skillful manner. 14. BREACH/DEFAULT: Written notification of any alleged breach shall be delivered to the breaching party. /The party in breach shall have sixty (60) days to cure any actual breach or, if the breach cannot reasonably be cured within the 60-day period, take appropriate steps to materially comply with the party's obligation to cure. Emergency repairs or maintenance that are necessary to ensure functioning of the system or use of property may be completed without advance notice. Costs and expenses incurred under such emergency circumstances shall be reimbursed by the responsible party. Grantor and Grantee at all times retain all causes of action, defenses, and remedies against allegations of breach. 15. TERM: This Easement it being granted in perpetuity for current and future uses. Notwithstanding the preceding sentence, in the event Grantee's Property is regraded, changed, modified, or otherwise altered so that storm water from Grantee's Property does not use or need the Easement Property for storm water drainage purposes, then Grantee agrees to cooperate with Grantor and will execute all relevant documents necessary to release the Easement and remove this Easement or related title encumbrances from the Easement Property. If this Easement is released in the future, then the Easement Property shall be returned to a condition that is materially similar to its condition prior to Grantee's installation/construction of stormwater drainage facilities. 16. WAIVER: No delay or omission by any party to this 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. A waiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any breach of any other terms or conditions of this Agreement. 17. INVALIDITY: If any term or condition of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and condition shall be valid and enforceable to the fullest extent permitted by law. 18. NO THIRD -PARTY BENEFICIARY: The terms of this Agreement are for the benefit of the two parties identified, and other persons or entities do not acquire any rights to enforce or benefit from through this Agreement. 19. MUNICIPAL LIABILITY: Nothing in this Agreement waives, limits, or modifies the Grantor municipality's right or opportunity to rely upon or use 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. Such damage limits, caps and immunities are preserved and may be raised by Grantor, are incorporated into this Agreement, and shall govern all disputes regardless of the underlying theory for relief, whether contractual or otherwise, as they relate to the Grantor municipality and its agents, officers, and employees. December 01, 2025 2 20. FORCE MAJEURE: Neither Grantor nor Grantee shall be in default under this Agreement if its failure to perform is caused by any of the following events: act of God; fire; flood; severe storm; power outages; pandemic, material shortages or unavailability, or other delay in undertaking their responsibilities identified in this Agreement that do not result from the parties' negligent or willful failure to maintain their property or facilities. In order to claim relief under this Section, the other party must be notified in writing of the existence of the event relied upon and the expected cessation or termination of that event. For the duration of any valid Force Majeure event as defined by this Section, the affected parry's performance shall be excused. However, the affected party is still required to take appropriate means to minimize or remove the event causing Force Majeure and, within the shortest possible time, attempt to resume performance of the obligation affected by the event of Force Majeure. 21. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the State of Wisconsin regardless of choice of law analysis. 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. 22. NOTICES: Written notices required by this Agreement shall be delivered via certified mail, return receipt requested, to the following addresses. Changes to these addresses shall be in writing. In addition to formal notification, both parties agree to take reasonable measures to communicate less formally to keep the other party informed of issues or questions regarding the Easement Property. FOR GRANTOR: City of Oshkosh c/o Director of Public Works P.O. Box 1130 Oshkosh, WI 54903-1130 FOR GRANTEE: Leeco Steel, LLC 1011 Warrenville Road Lisle, IL 60532-0903 23. AUTHORITY: The undersigned affirm that they have the authority without limitation to sign this Agreement on behalf of the Party they represent. The parties to this Agreement affirm that they have the authority without limitation to enter into this Agreement. [SIGNATURE PAGE FOLLOWS] December 01, 2025 3 IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day and year first above written. CITY OF P%I.KOSH By: By: Re ecca N. Gr' ,City anager 4arlalinas, City Clerk STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this w vh day of MOL-'�'C)&- , 2026, the above named RebeccaN. Grill and Darla Salinas, of the City of Oshkosh, to me known to be such persons who executed the foregoing instrument and acknowledged the same, for the purpose herein contained. Notary �ibl's�` t, �eAf - tis'n My Co ,.n expires:'•. ` C� APPRO ED AS TQ FORM: % ' `' nn,JiL ` 1/ = NQTA91- David J. rask , Deputy City Attorney N� pU B LAG I_ LEECO STEEL +9F ' LLC '�; j/ o` WIS ,of O,`�� I am signing this document based upon the contents of a STAIR ent of Authority filed with the State of Wisconsin Department of Financial Institutions pursuant to Wis. Siat. 183.0302, which authorizes my signature to bind this Limited Liability Company without restrictions applicable to this document. Alternatively, this Limited Liability Company has not filed a Statement of Authority, but I explicitly assert that I do have the authority to bind the Limited Liability Company to the terms of this document without limitation or restriction. By: (print name) (title) STATE OF ILLINOIS ) ) ss. DUPAGE COUNTY ) Personally came before me this day of F {^ , 2026, the above named J !!�( L Arr'AOS , of Leeco Steel, LLC, to me known to be suc person who executed the foregoing instrument and acknowledged the same, for the purpose contained. Notary Public,,STe of Illinoi My Commis 'o expires: I I /2- f ?•7 This instrument drafted by: Attorney David J. Praska Oshkosh, WI 54903-1130 December 01, 2025 4 OFFICIAL SEAL JULIE LYNN MRAZ Notary Public, State of Illinois Commission No, 980695 My Commission Expires November 02, 2027 EXHIBIT PART OF OUTLOT 1 OF CERTIFIED SURVEY MAP 5874 (DOC.#1395140), WINNEBAGO COUNTY RECORDS, LOCATED IN THE NORTHWEST 114 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. 100 50 0 100 GRAPHIC SCALE EAST 1/4 CORNER, SECTION 32, T18N-R16E (FD. BERNTSEN MON.) v I P.O.T.—�/� • 20' 10' 1 Gam° o C6 LIM N69"20'37' —' N89"29'37"W 1868.30' 84.72' N NORTH IS REFERENCED TO THE EAST 10' P.O.B. � � LINE OF THE SOUTHEAST 1/4 OF �� ^o / 0 o; CD SECTION 32, T18N-R16E, WHICH BEARS Q / S00"30'23"W. O/ C V/ LOT 1 THIS MAP IS BASED ON THE CURRENT CSM 5895 SOUTHEAST CORNER, COUNTY COORDINATE SYSTEM OF SECTION 32, T18N-R16E RECORD. (CORNER OF RECORD) LEGEND P.O.B. POINT OF BEGINNING P.O.T. POINT OF TERMINATION LEGAL DESCRIPTION FOR THE CENTERLINE OF A 20 FOOT WIDE DRAINAGE EASEMENT: PART OF OUTLOT 1 OF CERTIFIED SURVEY MAP 5874 (DOC.#1395140), WINNEBAGO COUNTY RECORDS, LOCATED IN THE NORTHWEST 114 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 114 CORNER OF SECTION 32, T18N-R16E, THENCE S00"30'23"W, 1014.63 FEET ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION; THENCE N89"29137'W, 1868.30 FEET TO AN EAST LINE OF OUTLOT 1 OF CERTIFIED SURVEY MAP 5874 (DOC.#1395140), WINNEBAGO COUNTY RECORDS, AND THE POINT OF BEGINNING; THENCE N69'20'37"W, 84.72 FEET TO THE POINT OF TERMINATION. EASEMENT AREA CONTAINS 1,695 SQ. FT. \ 0.039 ACRES OF LAND, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. MACH CLIENT: USCALE: TSCHIG INC. SHEET: 1 OF 1 ENCINEERING- SCRVETINC• DWRONMENTAL PROJECT NO. 2338-02-25 DRAFTED BY: JSH 1" = 100' Sd313 PH:910.66M765;Fmr.920-66%767 TAX PARCEL NO.: DRAWING NO. wwwmeAiv.mm EXHIBIT (1 of 1)