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HomeMy WebLinkAboutLetter (parking stalls) - 4/28/1983 SCHROEDER & HOLT Architects, Ltd. 300 fl. f~4 212 West Wisconsin Avenue. Milwaukee. WI 53203 . (414) 271-1521 28 April 1983 REC. EI\/~:~-i 'tV lI!.;F Mr. Paul Erfurth, City Planner City of Os hkosh 215 Church Street Oshkosh, WI 54901 }'tFR 29 1983 DEPARTMfJH 0; COMMUNITY DEVELOhi;:.:'; f Re: An Addition to Cinema I & II 340 South Koeller Street Oshkosh, Wisconsin Job No. 1534 Dear Paul: This letter is written in behalf of the Marcus Corporation to outline the available parking to satisfy zoning requirements. There are reciprocal parkin~ easements between the several adjoining parcels, and a copy of the Reciprocal Easement and ~estriction agreement is on file in your office. The total parking required is computed as follows: 1 . Thea ter, 1327 sea ts f 5 = 265 2. Bowling Alley, 48 lanes X 4 = 192 3. Restaurant, 2,300 SF ~ 100 = 23 TOTAL SPACES REQUIRED 480 The to ta 1 parking spaces provided is as follows: 1. Main Parking Lot = 437 2. Space South of Bowling Alley = 22 3. Restaurant site = 31 TOTAL SPACES PROVIDED 485 In addition to these marked stalls, there is enough asphalt surface south of the southerly most row of cars on the main parking lot to add an additional row of cars, and there is space on the theater site for additional cars also. .- If you have any questions concerning these numbers, please call so that we can discuss them. st: Donald R. Holt jh cc: Bruce Olson July 9, 1973 1 Mr. Edward Reimer Building Inspector City of Oshkosh Oshkosh City Hall Oshkosh, Wisconsin Dear Mr. Reimer: Enclosed is a copy of the agreement with the developer of the Wells property in Oshkosh granting us the right to use the entire parking lot for our customer parking. Very truly yours, Richard L. Kite Vice President RLK /n)w Enclosure CC: Mr. Charles Lowe CERTIFIED MAIL \ The Marcus Corporation 212 Nit Wisconsin Avenue Milwaukee, Wisconsin 53203 (414) 272 -6020 RECIPROCAL EASEMENT AND RESTRICTION AGREEMENT AGREEMENT made this j day of July, 1971 by and among 44 DRIVE -IN THEATRE, INC., a Wisconsin corporation (DRIVE -IN) , having an office at 212 West Wisconsin Avenue, Milwaukee, Wisconsin, 53203, S-M, INC. OF OSHKOSH, a Wisconsin corporation (S -M) , having an office in care of M. H. Hausman Co., Suite 300, One Public Square Building, Cleveland, Ohio, 44113, and ROGER E. BENJAMIN, TRUSTEE (TIE TRUSTEE), having an office in care of M. H. Hausman Co., Suite 300, One Public Square Building, Cleveland, Ohio, 44113. W I T N E S S E T H. WHEREAS, Drive -In and the Trustee entered into a written Agreement dated June 25, 1971 by virtue of which Drive -In acquired the parcel of land described on Exhibit A, attached hereto and made a part hereof, hereinafter referred to as Parcel A; and WHEREAS, the Trustee mans the land described on Exhibit B, attached hereto and made a part hereof, hereinafter referred to as Parcel B; and WHEREAS, S -M owns the land described on Exhibit C, attached hereto and made a part hereof, hereinafter referred to as Parcel C; and WHEREAS, S -M is erecting a Welles Department Store, drives and parking facilities on Parcel C, Drive -In intends to construct a theatre and parking facilities on Parcel A, and may construct thereon a restaurant specializing in the sale of high- quality meats, and the Trustee may construct commercial, service and /or office spaces and related parking facilities on Parcel 3; and WHEREAS, Drive -In, S -M and the Trustee intend that Parcels A, B and C shall generally be identified as the Welles Plaza Shopping Center; and WHEREAS, the initial site plan of said shopping center, showing in general the proposed location of the initial shopping center buildings and common areas, is marked EXHIBIT D, attached hereto and made a part hereof; and WHEREAS, the parties hereto desire to create certain rights and easements in favgr of a , to impose certain restrictions on each of their properties • Ilk 1 1 � - 1 - A1 41 me.* r ' CON: a i • (. for the benefit of the other as more fully hereinafter set forth. NOW, THEREFORE, in consideration of the mutual promises herein contained and for other consideration, the parties aree as follows: 4.11it 1. S -M grants unto Drive-In and the Trustee for the use of Drive - and the Trustee, and their permittees, in common with all others entitled to use the same, a non - exclusive easement in, to and over the parking areas, roadways, entrances, exits and other common areas existing from time to time on Parcel C for ingress to and egress from Parcels A and B and for the parking of vehicles on the parking area portions of Parcel C. 2. The Trustee grants unto S -M and Drive -In for the use of S -M and Drive -In, and their permittees, in common with all others entitled to use the same, a non - exclusive easement in, to and over the parking areas, roadways, entrances, exits and other common areas existing from time to time on Parcel B for ingress to and egress from Parcels A and C and for the parking of vehicles on the parking area portions of Parcel B. - - -- -- 3. Drive -In grants unto S -M and the Trustee for the use of S -M and the Trustee, and their permittees, in common with all others entitled to use the same, a non - exclusive easement in, to and over the parking areas, roadways, entrances, exits and other common areas existing from time to time on Parcel A for ingress to and egress from Parcels B and C and for the ^parking of vehicles on the parking area portions of Parcel A. 4. S -M grants unto Drive -In and the Trustee for the use of Drive -In . and the Trustee, and their permittees, in common with all others entitled to use the same, a non - exclusive easement in, to and over all sidewalks and walkways, if any, existing from time to time on Parcel C for pedestrian ingress to and egress from Parcels A and B. 5. The Trustee grants unto S -M and Drive -In for the use of S -M and Drive -In, and their permittees, in common with all others entitled to use the same, a non - exclusive easement in, to and over all sidewalks and walkways, .,2_ if any, existing from time to time on Parcel B for pedestrian ingress to and egress from Parcels A and C. 6. Drive -In grants unto S -M and the Trustee for the use of S -M and the Trustee and their permitees, in common with all others entitled to use the same, a non - exclusive easement in, to and over all sidewalks and walkways, if any, existing from time to time, on Parcel A for pedestrian ingress and egress from Parcels B and C. 7. The word "permittees " as used herein shall mean the officers, directors, agents, employees, customers, visitors, concessionaires and building tenants of Drive -In, S -M and the Trustee and the officers, directors, agents, employees, customers, visitors and sublessees of any building tenant or sublessee of a building tenant. 8. So far as possible, the parking areas, driveways and roadways on Parcels A, B and C shall be integrated. The owner of each Parcel shall at all times provide parking on his or its respective Parcel for not less than six (6) standard -size American cars for each 1,000 square feet of leaseable ground floor area of the buildings constructed upon the applicable parcel, except that any Parcel in which office space is constructed parking on such Parcel may be reduced to a lesser ratio if Welles Stores, Inc. (Oshkosh), its successors and assigns so consents. A thirty -foot strip of land along the southerly boundary line of Parcel A is presently shown on the Official Map of City of Oshkosh for a possible extension of 4th Avenue. If this strip of land is not removed from the Official Map of the City of Oshkosh before September 20, 1971, the Trustee shall convey to Drive -In promptly thereafter but before September 30, 1971, without any consideration, the land 42 feet in width and 180 feet in length within the area adjoining Parcel A to the north which is hatched with parallel lines on Exhibit D. If said strip of land is before Drive - In completes its preliminary plans for its first improvement on Parcel A, subsequently removed from said Official Map/Drive-In will promptly thereafter reconvey said 42 -foot by 180 -foot hatched area of land to the Trustee without consideration. If the 30 -foot strip of land on the south is taken or proposed to be taken for street or road purposes, Drive -In shall promptly notify the _ 3 _ 1 Trustee of any notice Drive -In receives in respect to such taking, and the'Trustee shall have the ex( sive right to negotiate in re/' ct to any award to be made in respect thereto and to prosecute any contest and appeals relating thereto. Any award made or compensation paid for the taking or conveyance in lieu of a taking of the 30 -foot strip of land shall belong exclusively to the Trustee, Drive -In hereby waiving and relinquishing all rights or claims it may have to any such award or compensation and assigning the same to the Trustee. Notwith- standing the foregoing, if the 42 -foot by 180 -foot parcel of land is not awned by Drive -In, its successors or assigns, that is, if it is owned by the Trustee, his successors and assigns, as part of Parcel B, the two foregoing sentences shall be null and void and Drive -In shall be entitled to the award made or compensation paid for any taking of the 30 -foot. strip of land constituting the southerly part of Parcel A. The 42 -foot by 180 -foot strip of land shall, so long as it is owned by Drive -In, its successors or assigns, be deemed part of Parcel A, and shall be subject to the same provisions of this Agreement as if it had originally been conveyed to Drive -In, were a part of the description of Parcel A on Exhibit A attached hereto, and were shown as Parcel A on Exhibit D attached hereto. 9. Drive -In shall make no improvements upon Parcel A until Drive -In shall have received the written apptoval of the Trustee upon plans and specifica- tions prepared by Drive -In for the parking areas, drives, walks and. other common facilities and utilty lines. for Parcel A (called herein the Plans)_. The plans shall show the grading, drainage, lighting, parking layout and striping, drives, walks, building and sign locations, location and size of utility lines, and paving (including the base therefor) and the specifications for such matters, all of which shall be integrated with the common facilities being constructed on Parcel C and the common facilities as presently proposed for Parcel B. The Trustee shall approve the Plans if they provide for common facilities of a quality and type equal to or better than the quality and type of these being constructed upon Parcel C and if they are properly integrated with the common facilities and utilities being constructed on Parcel C and as proposed for construction upon Parcel B. Drive In shall construct paved parking, and related drives, sidewalks, and common facilities in conformity with the Plans on all of Parcel A that is not used for the construction of a building (or buildings) at the same time Drive -In constructs a building on Parcel .A, so that all of Parcel A, except that part on which a building is actually located, will be graded and paved at the time a building is constructed thereon. 10. Drive -In, as to Parcel A, and S -M and the Trustee, as to - 4 - • Parcels B and C, shall each at their own cost and expense keep their respective parcels at all times properly lighted and striped and reasonably free and clear of all debris and accumulations of snow and ice and shall keep all parking areas, roadways, entrances, exits and other common areas in good condition and repair. If Drive -In breaches its obligation under the foregoing covenant, S -M or the Trustee may, after first giving Drive -In fifteen (15) days prior notice in writing sent registered or certified mail, postage prepaid, to the address at which real estate tax notices for Parcel A are sent, cure the breach for and on behalf of Drive -In, provided Drive -In has not then or is not diligently proceeding with the curing of the default. If S -M or the Trustee breach their obligation under the foregoing covenant, Drive -In, may after first giving S -M or the Trustee (whichever is applicable) fifteen (15) days prior notice in writing sent registered or certified mail, postage prepaid, to the address at which real estate tax notices for Parcels B and C are sent, cure the breach and on behalf of S -M or the Trustee, provided S -M or the Trustee has not then or is not diligently proceeding with the curing of the default. The aforesaid 15 -day period shall be extended, if the default relates to a matter which in the circumstances then existing cannot be reasonably cured within the fifteen days, for the period of time reasonably necessary to cure the default. No notice need be given in the case of emergency situations requiring immediate work, such as removal of snow and ice accumulations, .or in the case of continuing defaults, after one notice, such as keeping the parcel free and clear of debris. Drive -In shall pay the Trustee or S -M, and S -M or the Trustee (as the case may be) shall pay Drive -In, whichever shall cause the work to be performed, immediately upon submission to it of an'invoice, for the cost and expense of such work. Any amounts due hereunder shall bear interest at the rate of 8% per annum, or at the highest rate which may be charged without being usurious, whichever rate is the lower. il. (a) Each party hereto hereby grants to the other parties hereto non- exclusive easements in, to, over, under and across all portions of the Parcel of the respective Grantor (not used or proposed to be used for buildings) - 5 - 1 • • • for service of their respective parcels and for no other property from any point in the Parcel of the respective Grantee and extending to any point in the boundary of the Parcel of the respective Grantor, or any point in the side line of any street or highway upon which the Parcel of the respective Grantor abuts, for the installation, operation, maintenance, repair, relocation, modification, alteration and removal of sanitary sewers, storm drainage sewers, domestic and fire protection water lines, gas mains, electrical power lines, telephone lines and other utility lines. The term "line, as used herein, shall be deemed to include pipes, lines, conduits, wires, cables, and /or other means of providing utility facilities, as the context may require. All installations made pursuant to the foregoing easements shall be underground, unless the parties hereto expressly otherwise agree. The locations of the ease- ments granted pursuant to this paragraph shall be subject to the prior approval of the Grantor thereof as to location (which approvals shall not be unreasonably withheld); provided, however, such locations or location shall not unreasonably interfere with the use of the Parcel, and the buildings, improvements, facilities and /or installations located or proposed to be located thereon, from time to time, of the respective Grantors, and /or with the development of the Parcel of the Grantor. Nothing contained in this Paragraph 11 shall be deemed to prohibit or limit: (i) the grant by any party hereto of easements to any public body and /or utility company for the construction, installation, operation, maintenance, repair, relocation, modification and alteration of sanitary sewers, storm drainage systems, fire protection installations., gas, water, power and telephone lines, mains and trunks, and (ii) the transfer and assignment by any party hereto to any public body and /or utility companies of the utility easements, in whole or part, granted to the other under this Paragraph 11. Except as provided in subparagraph (b) of this Paragraph 11, the respective Grantee of the utility easements granted pursuant to this Paragraph 11 shall be responsible for the installation, maintenance and repair (except as such is otherwise performed by any public body or utility company) of all utility pipes, • - 6 lines, conduits and related equipment installed pursuant to such grant, unless any work is necessitated by reason of the act or neglect of one of the parties hereto or its permittees in which case such party shall be responsible for the work, and any such installation, maintenance and repair shall be performed only after two (2) weeks notice to the respective Grantor of the intention to do such work, except in case of emergency, and any such work shall be done at the sole cost and expense of the respective Grantee, as expeditiously as possible, and in such manner as to cause as little disturbance to the use of the Parcel of the respective Grantor and its permittees as may be practicable under the circumstances. Any injury or damage caused to the Parcel and the improvements thereon of the respective Grantor in performance of such work shall be promptly repaired or replaced by the respective Grantee in a good and workman- like manner. (b) A ten -inch sanitary sewer line, a three - -inch domestic water line and an eight -inch fire water line are located near the southeast corners of Parcels B and C at the time this Agreement is being executed. At or prior to the time Drive -In commences construction of improvements on Parcel A the Trustee shall construct an extension of such lines from their present point of termination westerly to the southerly part of the easterly boundary line of Parcel A in accordance with specifications previously agreed to between Drive -In and the Trustee. Promptly upon completion of such extensions, Drive -In shall pay to the Trustee one -half of the Trustee's cost of constructing such extensions; provided, however, that the amount payable by Drive -In to the Trustee for Drive -In's share shall not exceed $5,000.00. For example, if the Trustee's cost is $8,000.00, Drive -In shall pay $4,000.00; but if the Trustee's cost is $19,000.00, Drive -In shall pay only $5,000.00, being the maximum amount payable by Drive -In for its share of such extensions. If the Trustee fails to commence construction of the extensions as herein provided, or once commencing construction fails to proceed diligently there- with to completion of the work, Drive -In may, after first giving the Trustee 7 - 30 -days prior written notice of the Trustee's default, proceed itself with construction of the extensions, provided the Trustee has not then commenced (or recommenced) construction. If Drive -In constructs the extensions as permitted herein, the Trustee shall pay Drive -In the entire cost to Drive -In of constructing such extensions, together with interest upon such cost of ten percent per annum on the highest rate permitted by law without being usurious, whichever is lessor. Said payment shall be made to Drive -In immediately upon demand. 12 (a) Drive -In has acquired Parcel A from the Trustee initially for the purpose of constructing and causing to be operated on Parcel A a theatre and a restaurant. The Trustee still holds lands (Parcel B) on which he con -' templates developing or causing to be developed additional stores, offices and activities. (b) Drive -In covenants that it shall not use or permit Parcel A to be used for any purpose except the conduct of a theatre for presentation of motion pictures, live stage presentations, and other public presentations and,.. entertainment, including a closed - circuit television broadcasts (herein called a "theatre ") and except for the conduct of a restaurant until two (2) years have passed from the date this instrument is filed for record with the Winnebago County Recorder. If a restaurant is not constructed on Parcel A within said two year period, then in substitution for a restaurant and to a maximum area of 5,000 square feet (in addition to the theatre) Parcel A may be used for any lawful retail store or office use, provided such use (i) does not violate any then existing exclusive rights granted by the Trustee or S -M to any tenant or occupant of any space upon.Parcels B or C; (ii) does not violate the restrictions and covenants existing in the Deed of Declaration - 8 - recorded August 17, 1970 in Volume 1281 at Page 271 of Winnebago County Records; and (iii) , is not any of the following activities,or uses: (A) a bank, savings and loan association, society for savings, finance company, or similar financial activity; (B) an automobile, tractor, truck or other motor vehicle service center including without limitation a gasoline service station, tire, battery and automobile accessory center (commonly called a "TBA ") (C) a drug store, health store, patent or non - patent medicine store, or, similar store; (D) a variety store such as G. C. Murphy, S. S. Kresge, Scotts, City Products, or similar store; or (E) a food, bakery, or beverage store. A food bakery or beverage store means by way of illustration and not by way of limitation, all supermarkets and convenience food stores such as Lawsons, Open Pantry,' Convenient Food, and Seven - Eleven, all stores commonly known as "package," "bakery," and delicatessen stores and all similar types of stores selling carry -out beverages (either alcoholic or non - alcoholic), baked goods, groceries, milk, bread, canned foods, meats, produce or other similar or related products. The fore going types of stores defined in this part (E) are herein called "food and beverage stores." If a theatre is initially opened for business upon Parcel A and is thereafter closed, the minimum amount of building space that may be constructed upon Parcel A and still meet the various provisions and conditions of this Agreement (in respect to parking ratio, building location, et cetera) may be constructed on Parcel A and used for any lawful retail store or office use, provided such use (i) does not violate any then existing exclusive'rights granted by the Trustee or S -M to any tenant or occupant of any space upon Parcels B or C; (ii) does not violate the restrictions and covenants existing in.the deed of Declaration recorded in Volume 1281 at Page 271 of Winnebago County Records; and (iii) is not a "food and beverage store." (c) On or before December 31, 1971, Drive -In shall give notice to the Trustee whether it elects to construct and cause to be operated on Parcel A a high -grade sit down restaurant serving choice meats and sea food at prices - 9 - • intended to create a selective clientele such as, without limitation, a Captain's Steak Joynt (with or without the sale of alcoholic beverages)( "high - grade sit down restaurant "). If Drive -In gives the Trustee notice prior to January 1, 1972 that it elects to construct and operate a high -grade sit down restaurant, Drive -In shall not use or permit to be used Parcel A for any purpose except a "theatre" and a "high -grade sit down restaurant" until two years have passed from the date this Agreement is filed for record with the Winnebago County Recorder. (d) Subject to the rights of Welles Stores, Inc. (Oshkosh), its successors and assigns, previously granted under its Lease from the Trustee, a short form of which is recorded as a Lease Recording Agreement in Volume 1281 at Page 263 of Winnebago County Records, S -M and the Trustee agree that for a period of two (2) years following the date this instrument is filed for record with the Winnebago County Recorder and for so long thereafter as there is under construction and subsequently being operated on Parcel A a theatre, S -M and the Trustee shall not operate or lease a theatre on Parcels B and C. S -M and the Trustee agree, further, subject to the rights of Welles Stores, Inc. (Oshkosh), its successors and assigns, granted under the aforesaid Lease, that they shall not operate or lease a high -grade sit down restaurant on Parcels B and C prior to January 1, 1972, and that if Drive -In gives notice to the Trustee prior to January 1, 1972, that it elects to construct and operate a high -grade sit down restaurant, the Trustee and S -M shall not operate or lease a high -grade sit down restaurant on Parcels B and C for a period of two (2) years following the date this Agreement is filed for record and for so long thereafter as there is under construction and subsequently being operated on Parcel A a high -grade sit down restaurant. A temporary closing for a period of six months of a "theatre" or "high -grade sit down restaurant" upon Parcel A shall not be deemed to be a discontinuance of use of Parcel A for such purposes so as to enable the construction and operation of a "theatre" and /or "high -grade sit down restaurant" on Parcels B and C. The foregoing restrictions upon Parcels B and C. - 10 - r shall terminate, be null and void, in respect to a "theatre" if a "theatre" is not under construction or opened for business within the aforesaid two year period or if once opened it ceases operating for six months, and in respect to a "high -grade sit down restaurant" (i) if Drive -In fails to give notice prior to January 1, 1972 that it elects to construct and operate such a restaurant, or (ii) if the notice is given but (a) a "high -grade sit down restaurant" is not under construction or opened for business within the aforesaid two year period, or (b) once opened it ceases operating for six months. The periods of time referred to above shall be extended for a period of time not to exceed one additional year, in each case, where the failure of operation is due to an act of God or any other cause (other than lack of money) beyond the reasonable control of Drive -In. 13. Drive -In agrees not to construct any building or buildings upon Parcel A and not to erect any pylon or other free- standing signs or attraction panels (other than attraction panels on the theatre building or its attached marquee) upon Parcel A before obtaining the prior written consent of the Trustee in respect to the location of the building or buildings and in respect to the location, height and size of the pylon, free - standing signs and attraction panels (other than attraction panels on the theatre building or its attached marquee) , such consent not to be unreasonably withheld. The Trustee shall not object to the location of any buildings to be constructed on Parcel A so long as the north line of any such building does not extend beyond the north line of the buildings built, or to be built, by the Trustee on the part of Parcel B adjoining Parcel A directly to the west. Drive -In agrees that the theatre building constructed upon Parcel A shall not exceed twenty -five (25) feet in height from the ground to the highest roof or structure point and that any other building upon Parcel A shall not exceed fifteen feet in height from the ground to the highest roof or structure point. Drive -In may erect a free- standing sign on either Parcels B or C after obtaining the written approval of the Trustee, such approval not to be unreasonably withheld and after obtaining the written approval of Welles Stores, Inc. (Oshkosh), its successors and assigns. - 11 - . 14. The rights and easements herein created and the covenants and restrictions herein made and imposed shall be constued as covenants running with the land subject to the time limitations herein contained for the .benefit of and binding upon all of the parties hereto and their respective successors and assigns. All such rights, easements, covenants and restrictions shall be enforceable by injunctive relief. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. • SIGNED IN THE PRESENCE OF: 44 DRIVE -IN T RE, INC. . ef ' :1 '. Z 7,/Y.L _ , -�=GL� 4 I . �. F., B. : , Donna Belle Hartkop / a. . cus , Presid-nt ' , ` 1 r ' �./ --- -=.��J g iL2� -:. e- u.t'_r'/.� : ' By , - , �,� L •.l tii. : �'3 1 y ; Katherine Emmerich Richard L. Kite, Secretary , , . S , ' * OF OSHKOSH _'' .,, nr) A' .. P t.t.t.pANN/3 „________ B y- \ .__ D. H. Powers Roger E. : - nj amin, President ..E , 2 . By (C.c7: Sharon Pivonk Kare Rett, Secretary z ..Q. op 0 ..„,,,.....k4... ( -..., ...____----------- D. H. Powers ROGER E. BENJAMIN, TRUSTEE Z .e-CSC -� ,.,-,- x aron Pivonk Instrument Prepared By: . D. H. Powers, Esq. • ` 1620 Standard Building Cleveland, Ohio, 44113. 12 J STATE OF WISCONSIN ) j j SS. COUNTY OF /4 ua,�;,l�` - ) O t ( day of, July, 1971, befa ne /a Nota y P ic, personally appea bf/ (4. -c -1 &..2) and -t° c-'�:c . r , AA- - -rz_- y resp-c 'vely, of 44 DRIVE -I / 'HEATRE, INC., and that they as such t.;,cG.- and ` )) 6,,,.. being authorized so to do, executed th- oregoing instrument *r—th- uses therein contained, by signing as such ie--c.it-uv -- and .i? %L: , IN WITNESS WHEREOF, I here •to et my hand and official al. T �� F t Notary P 1 7 .. .�� - y - � ---,,. - = L�L..r -� , 4 / /9 (/ STATE OF OHIO ) )SS. COUNTY OF CUYAHOGA) On this �3 y of July, 1971, before me a Notary Public, personally appeared ROGER E. BENJAMIN and KAREN RETT, President and Secretary, respectively, of S -M, INC. OF OSHKOSH, and that they as such President Secretary being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing as such President and Secretary. IN WITNESS WHEREOF, I hereunto set my hand and official seal. t4 NI - 9 v ...1,1441/4,0 Notary Public II Pt MiTier4, atzTrIzY morAfiv - e aTATS UV GM STATE OF OHIO ) . fir Im ' )SS. , COUNTY OF CUYAHOGA ) BEFORE ME, a NOTARY PUBLIC, in and for said County and State personally appeared the above -named ROGER E. BENJAMIN, TRUSTEE, who acknowledged that he did sign the foregoing instrument as Trustee, and that the same is his free act and deed, individually and as such Trustee. IN TESTIMONY WHEREO,I have hereunto set my hand and official seal at Cleveland, Ohio, this 1BI 114 - flay of July, 1971. %k 14 IC Notary Public 3A.-tit0 *r. a VrR ::Zrr 40 i 4ta 245: (. y it + 4" &angst 40,91 %/.6 -13- , 1 r E X H I B I T "A" LEGAL DESCRIPTION OF PARCEL A ATTACHED TO RECIPROCAL EASEMENT AND RESTRICTION AGREEMENT PARCEL A (Land of Drive -In) A Parcel of land in the N.W. 1/4 of the S.W. 1/4 of Section 22- 18 -16, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the W. 1/4 corner of Sec. 22- 18 -16, thence South along the West line of Section 22, 996.38 feet, thence South 89 ° 04'00" East, 212.60 feet to the Place of Beginning, said point being on the Easterly right -of -way line of U. S. Highway No. 41: Thence North 0 ° 05'22" East along the aforesaid Easterly right -of -way line of U. S. Highway No. 41, a distance of 215.02 feet, thence South 89 ° 04'00" East, 255.52 feet, thence South 0 ° 41'00" West 215.0 feet, thence North 89 ° 04'00" West, 253.29 feet, to the place of beginning and containing 1.2556 Acres of land. • • • • • "EXHIBIT A" • • E X H I B I T "E" LEGAL DESCRIPTION OF PARCEL ATTACHED TO RECIPROCAL EASEMENT ANI) RESTRICTION AGREEMENT PARCEL B (Land of the Trustee) That part of the NW 1/4 of the SW 1/4 of Section 22- 18 -16, City of Oshkosh, Winnebago County, Wisconsin, bounded and described as follows: Commencing at the Northwest corner of the Southwest 1/4 of Section 22; thence South 89 ° 13' East, along the North line of the Southwest 1/4 of Section 22, 348.89 feet to the point of beginning; thence continuing South 89 ° 13' East along the North line of the Southwest 1/4 of Section 22, 1.80 feet; thence South 0 West, along the East line of the West 1/3 of the West 1051.1 feet of the Northwest 1/4 of the Southwest 1/4 of Section 22, 275.0 feet; thence South 89 ° 13' East, 175.0 feet to the centerline of a 50.0 foot easement that is to be used as a roadway, thence North 0 East along the centerline of said roadway 275.0 feet to the North line of the Southwest 1/4 of Section 22; thence South 89 ° 13' East, along said North line, 410.98 feet, thence South 0 ° 46' West 189.5 feet, thence South 89 ° 04' East 115.0 feet to the East line of the West 1051.1 feet of the Northwest 1/4 of the Southwest 1/4 of Section 22; thence South 0 ° 44' West along said East line, 806.88 feet to a point in a line that is parallel with and 235.99 feet North of the South line of the Northwest 1/4 of the Southwest 1/4 of Section 22; thence North 89 ° 04' West along said line 866.41 feet to a point in the East right -of -way line of U. S. Hwy. 41, thence North 0 ° 41' East along said right -of -way line, 600.2 feet, thence South 89 31' East, along the right -of -way of U. S. Hwy. 41, 60.01 feet, thence North 0 ° 49' East along the right -of -way line of U. S. Hwy. 41, 185.95 feet, thence North 27 ° 16' East along said right- of -way line, 233.37 feet to the point of beginning, EXCEPT the following four (4) described properties: Parcel 1 A parcel of land in the N.W. 1/4 of the S.W. 1/4 of Sec. 22- 18 -16, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the N.W. corner of the S.W. 1/4 of said Section 22- 18 -16, thence South along the West line of Sec. 22, 781.38 feet, thence S. 89 ° 04' E., 389.48 feet, to the place of beginning; thence N. 0 ° 41' E., 421.0 feet; thence S. 89 ° 04' E., 433.0 feet, thence S. 0 ° 44'W., 89.0 feet; thence S. 89 ° 04' E., 227.0 feet; thence S. 0 ° 44' W. 542.0 feet; thence N. 89 ° 04' W., 215.0 feet, thence N. 0 ° 44' E., 117.0 feet; thence N. 89 ° 04' W., 370.0 feet, thence N. 0 ° 41' E., 40.0 feet; thence N. 89 ° 04' W., 75.0 feet, to the place of beginning. Parcel 2 A parcel of land in the N.W. 1/4 of the S.W. 1/4 of Sec. 22- 18 -16, City of Oshkosh, Winnebago County, Wisconsin, described as follows: "EXHIBIT B" • Commencing at the N.W. corner of the S.W. 1/4 of Section 22- 18 -16, thence South along tine C;est line of Sec. 22, 681.38 feet, thence S. 89 °04' E., 184.48 feet, to the place of beginning; thence N. 0 ° 41'E., 35.0 feet; thence S. 89 ° 04' E., 205.0 feet, thence S. 0 ° 41' W., 35.0 feet, thence N. 89° 04' W., 205.0 feet to place of beginning. Parcel 3 A parcel of land in the N.W. 1/4 of the S.W. 1/4 of Sec. 22- 18 -16, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the N.W. corner of the S.W. • 1/4 of Section 22- 18 -16, thence East along the North line of said Southwest 1/4 of Section 22, 750.89 feet, thence S. 0 ° 48' W., 33.0 feet to the place of beginning; thence S. 0 ° 48' W., 332.0 feet, thence S. 89 ° 13' E., 35.0 feet, thence N. 0 ° 48' E., 332.0 feet, thence N. 89 ° 13' W., 35.0 feet to the place of beginning. • Parcel 4 A Parcel of land in the N.W. 1/4 of the S.W. 1/4 of Section 22- 18 -16, City of Oshkosh, Winnebago County, Wisconsin, described as follows Commencing at the W. 1/4 corner of Sec. 22- 18 -16, thence South along the West line of Section 22, 996.38 feet, thence South 89 ° 04'00" East, 212.60 feet to the Place of Beginning, said point being on the Easterly right -of --way line of U. S. Highway No. 41: Thence North 0 ° 05'22" East along the aforesaid Easterly right -of -way line of U. S. Highway No. 41, a distance of 215.02 feet, thence South 89 ° 04'00" East, 255.52 feet, thence South 0 ° 41'00" West 215.0 feet, thence North 89 ° 04'00" West, 253.29 feet, to the place of beginning and containing 1.2556 Acres of land. • • • • • "EXHIBIT B" • E X H 1 B I T" C" LEGAL DESCRIPTION OF PARCEL C ATTACHED TO RECIPROCAL EASEMENT AND RESTRICTION AGREEMENT PARCEL C (Land of S -N) [consisting of the three following-described parcels of. land] Parcel 1 A parcel of land in the N.W. 1/4 of the S.W. 1/4 of Sec. 22- 18 -16, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the N.W. corner of the S.W. 1/4 of said Section 22- 18 -16, thence South along the West line of •Sec. 22, 781.38 feet, thence S. 89 ° 04' E., 389.48 feet, to the place of beginning; thence N. 0 ° 41' E., 421.0 feet; thence S. 89 ° 04' E., 433.0 feet, thence S. 0 ° 44'W., 89.0 feet; thence S. 89 ° 04' E., 227.0 feet; thence S. 0 ° 44' W. 542.0 feet; thence N. 89 ° 04' W., 215.0 feet, thence N. 0 ° 44' E., 117.0 feet; thence N. 89 ° 04' W., 370.0 feet, thence N. 0 ° 41' E., 40.0 feet; thence N. 89 ° 04' W., 75.0 feet, to the place of beginning. Parcel 2 A parcel of landin the N.W. 1/4 of the S.W. 1/4 of Sec. 22- 18 -16, - City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the N.W. corner of the S.W. 1/4 of Section 22- 18 -16, thence South along the West line of Sec. 22, 681.38 feet, thence S. 89 ° 04' E., 184.48 feet, to the place of beginning; thence N. 0 ° 41 1 E., 35.0 feet; thence S. 89 ° 04' E., 205.0 feet, thence S. 0 ° 41' W., 35.0 feet, thence N. 89 04' W., 205.0 feet to place of beginning. Parcel 3 A parcel of land in the N.W. 1/4 of the S.W. 1/4 of Sec. 22- 18 -16, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the N.W. corner of the S.W. 1/4 of Section 22- 18 -16, thence East along the North line of said Southwest 1/4 of Section 22, 750.89 feet, thence S. 0 ° 48' W., 33.0 feet to the place of beginning; thence S. 0 ° 48' W., 332.0 feet, thence S. 89 ° 13' E., 35.0 feet, thence N. 0 ° 48` E., 332.0 feet, thence N. 89 ° 13' W., 35.0 feet to the place of beginning. • "EXHIBIT "C" • E X H I B I T "D" INITIAL SITE PLAN OF WELLES PLAZA SHOPPING CENTER ATTACHED TO RECIPROCAL EASE :EENT A` D RESTRICTION AGREEi NT • D�III�IT "D"