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HomeMy WebLinkAboutOshkosh Ave-16-0854-0000O nM ELECTRIC TRANSMISSION LINE EASEMENT Wis. Stat. Sec. 182.017(7) Wis. Stat. Sec. 182.017(7) Document Number The undersigned Grantor(s) City of Oshkosh a municipal corporation, (hereinafter called the "Landowner'), in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant, convey and warrant unto American Transmission Company LLC, a Wisconsin limited liability company, hereinafter called the "Grantee ", its successors, assigns, licensees and manager, the perpetual right and easement to construct, install, operate, maintain, repair, replace, rebuild, remove, relocate, inspect and patrol a line of structures, comprised of wood, concrete, steel or of such material as Grantee may select, and wires, including associated appurtenances for the transmission of electric current, communication facilities and signals appurtenant thereto, upon, in, over and across property owned by the Landowner in the City of Oshkosh, County of Winnebago, State of Wisconsin, described as follows: The location of the easement strip is as shown and as described more specifically on Exhibit "B ", attached hereto and made a part hereof. The electric transmission facilities have the following specifications: EASEMENT STRIP: TRANSMISSION LINES: Length: 881 feet Width: Varies TRANSMISSION STRUCTURES: Type: Steel Maximum nominal voltage: 138.000 volts Number of circuits: 2 Number of conductors: 6 Number of static wires: 2 Number: 1 Minimum height above existing landscape (ground level): 22.6 Feet Maximum height above existing ground level: NA feet The Grantee is also granted the associated necessary rights to: 1 S 1 4B -7310 t5 REGISTER'S OFFICE WINNEBAGO COUNTY, VI RECORDED ON 09/10/210109 12:0.'201 JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 29.00 TRANSFER FEE # OF PAGES 5 Name and Return Address: American Transmission Company LLC Attn: Real Estate Department P.O. Box 6113 De Pere, WI 54115 Parcel Identification Number(s) 91608540000 SEP 18 2009.; CITY CLERK'S CFR 1) Enter upon the easement strip for the purposes of exercising the rights conferred by this easement. 2) Construct, install, operate, maintain, repair, replace, rebuild, remove, relocate, inspect and patrol the above described facilities and other appurtenances that the Grantee deems necessary. 3) Trim, cut down and remove any or all brush, trees and overhanging branches now or hereafter existing on said easement strip. 4) Cut down and remove such trees now or hereafter existing on the property of the Landowner located outside of said easement strip which by falling might interfere with or endanger said line(s), together with the right, permission and authority to enter in a reasonable manner upon the property of the Landowner adjacent to said easement strip for such purpose. The Grantee shall pay a reasonable sum for all damages to property, crops, fences, livestock, lawns, roads, fields and field tile (other than trees trimmed or cut down and removed), caused by the construction, maintenance, replacement or removal of said facilities. Landowner, for itself, its successors and assigns, agrees that it will not locate any dwelling or mobile home intended for residential occupancy within the limits of the easement strip. Landowner, for itself, its successors and assigns, further agrees that within the limits of the easement strip it will not construct, install or erect any structures or fixtures, including but not limited to swimming pools, construct any non - residential type buildings or store any inflammable goods or products, plant trees or shrubs, place water, sewer or drainage facilities, or change the grade more than one (1) foot without first securing the prior written consent of the Grantee. The parties hereto do hereby agree to the terms and conditions set forth in Exhibit "A ", and "B ", attached hereto and incorporated herein. The term "utility" on said Exhibit "A" shall mean Grantee. This agreement is binding upon the heirs, successors and assigns of the parties hereto, and shall run with the lands described herein. As provided by PSC 113, the Landowner shall have a minimum period of five days to examine materials approved or provided by the Public Service Commission of Wisconsin describing the Landowner's rights and options in the easement negotiating process. The Landowner hereby voluntarily waives the five -day review period, or acknowledges that they have at least five (5) days to review such materials. Landowner warrants and represents that Landowner has good title to the property described herein, free and clear from all liens and EXHIBIT "A" [WI Sta. 182.017(7)] In constructing and maintaining high - voltage transmission lines on the property covered by the easement, the utility shall: a) If excavation is necessary, ensure that the topsoil is stripped, piled and replaced upon completion of the operation. b) Restore to its original condition any slope, terrace, or waterway, which is disturbed by the construction or maintenance. c) Insofar as is practicable and when the landowner requests, schedule any construction work in an area used for agricultural production at times when the ground is frozen in order to prevent or reduce soil compaction. d) Clear all debris and remove all stones and rocks resulting from construction activity upon completion of construction. e) Satisfactorily repair to its original condition any fence damaged as a result of construction or maintenance operations. If cutting a fence is necessary, a temporary gate shall be installed. Any such gate shall be left in place at the landowner's request. f) Repair any drainage tile line within the easement damaged by such construction or maintenance. g) Pay for any crop damage caused by such construction or maintenance. h) Supply and install any necessary grounding of a landowner's fences, machinery or buildings. 2. The utility shall control weeds and brush around the transmission line facilities. No herbicidal chemicals may be used for weed and brush control without the express written consent of the landowner. If weed and brush control is undertaken by the landowner under an agreement with the utility, he shall receive from the utility a reasonable amount for such services. 3. The landowner shall be afforded a reasonable time prior to commencement of construction to harvest any trees located within the easement boundaries, and if the landowner fails to do so, the landowner shall nevertheless retain title to all trees cut by the utility. 4. The landowner shall not be responsible for any injury to persons or property caused by the design, construction or upkeep of the high - voltage transmission lines or towers. 5. The utility shall employ all reasonable measures to ensure that the landowner's television and radio reception is not adversely affected by the high - voltage transmission lines. 6. The utility may not use any lands beyond the boundaries of the easement for any purpose, including ingress to and egress from the right -of -way, without the written consent of the landowner. ADDENDUM The undersigned Landowner, this 25th day of August 2009 , does hereby waive the rights provided in the following paragraphs of this Exhibit "A" : Six (6) Therefore: The right, permission and authority is also granted to Grantee to enter in a reasonable manner upon the property of Landowner outside of said easement strip for the further purpose of access aid strip of land to construct 'e t operate ;:maintain and replace said electric transmission line facilities. CITY OF OSHKOSH B (Seal) By Signature Signature r Printed Name: Mark A. Rohl off Printed Name: Pamela R. Il�r 9 � ✓, Y Title: City Manager Title: Ci tv Clerk This instrument drafted by Ben F. Hock on behalf of American Transmission Company, P.O. Box 6113, De Pere, WI 54115 -6113. encumbrances, except: The Landowner hereby accepts a lump sum payment in sansklexation of the grant of this easement. WITNESS the signature(s) of the Landowner this 25th day of August , 2009. Grantor: City of Oshkosh, a municipal corporation By /�,,�� .� (Seal) By v eal) Si nature Signature g _ Printed Name: Mark A. Rohl off Printed Name: Pamel a 'R 't!bri a Title: Ci ty Manager Title: City C1 erk ACKNOWLEDGEMENT STATE OF WISCONSIN SS COUNTY OF ) Personally came before me this s day of 2009, the above named M ARK A. ROHLOFF, CITY MANAGER, CITY OF OSHKOSH me k own to be the person(s) who executed the foregoing instrument and acknowledged the same. 4 iture of Nota �oui �arn.�� Printed Name of Notary f Notary Public, State of Wisconsin My Commission expires 1.2 ACKNOWLEDGEMENT STATE OF WISCONSIN SS COUNTY OF ) e Personally came before me this �S day of J U 2009, the above named P AMELA R. UBRIG, CITY CLERK, CITY OF OSHKOSH, tom �known b e the person(s) who executed the foregoing instrument and acknowledged the same. Printed Name of Notary Notary Public, State of Wisconsin My Commission expires EXHIBIT B Page 1 of 2 EASEMENT DESCRIPTION MAP A EASEMENT OVER PART OF LOT 8, BLOCK 100 OF STURTEVANTS SUBDIVISION AND LYING WITHIN THE NORTHWEST 1/4 OF SECTION 15, T18N -R16E, CITY OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN. SAID PART BEING OWNED BY OSHKOSH AVENUE LLC AND LISTED AS PARCEL NUMBER 91608540000. NW COR. SEC. 15. ' TiSN -R76E j a 1 7 H LAKE BUTTE DES MOWS CENTER OF EXISTING �3 TRANSMISSION LINE c 44� + 40.0 __ �Iz SO UT H LIN 14W1/4 OF N W1 /4 SEC 15 4 EAST LINE OF 1! EXISTING U.S.H. 41 I G u, 0 150 EAST LINE OF PROPOSED U.S.H. EAST LINE OF —� 41 PER STATE R/W PROJECT TRANSMISSION _ NUMBER 1120 -11 -21 LINE EASEMENT 1 " = 150' P.G.B. F NOTE: II p X NO MEASUREMENTS WERE TAKEN w IN THE FIELD TO ESTABLISH a SECTION LINE AND CORNER I w LOCATIONS AND PARCEL W N I D N 00 BOUNDARIES. THOSE SHOWN AREf M cO BASED ON RECORD DOCUMENTS � W to AND WINNEBAGO COUNTY PARCEL M o MAPPING. o BEARINGS ARE REFERENCED TO o W z! THE WINNEBAGO COUNTY N I Y COORDINATE SYSTEM. z . v 40. ALL DIMENSIONS AND DISTANCES EAST LINE OF o SHOWN ARE IN FEET. EXISTING U.S.H. 41 CENTER OF EXISTING ' S89 18'00 "W o TRANSMISSION LINE ! 32.61' 1 W ro W11/4 COR. m SEC. 15. 1 o T18N -R16E uJ 0 0 DRAWN BY: CDH JOB NO. 200601668 i BY: MICHAEL J. OLSEN PS No. 2577 SCALE: 1 "= 150' SHEET 1 OF 9 w o LEGEND REVISIONS j DATE: Easement DATE: Oct. 10 , 2007 JJ111' - X STS Consultants, Ltd. 1035 Kepler Drive 611 Green Bay, Wisconsin 54311 920- 468 -1978 A&MIRICAK TRAN&MISSION CO www.stsconsuItonts.com THE ENERGY ACCESS COMPANY Copyright C 2004, 8y: STS Consultonts, Ltd. EXHIBIT B Page 2 of 2 EASEMENT DESCRIPTION MAP Easement Description for property owned by Oshkosh Avenue LLC (Grantor) and listed as parcel number 91608540000. Said property being part of Lot 8, Block 100 of Sturtevants Subdivision and lying within the Northwest 1/4 of Section 15, T18N -R16E, City of Oshkosh, Winnebago County Wisconsin. Said Easement being over all that part of the Grantor's property lying between a line 40.00 feet East of, and parallel to, the centerline of the existing transmission line, and the West line of the Grantor's property. Said Easement being more particularly described as follows: Commencing at the West 1/4 Corner of said Section 15; thence N01 °27'05 "W, 962.62 feet along the West line of the Northwest 1/4 of Section 15 to a point on the West line of the Grantor's Property, that also being the Point of Beginning; thence N01 °27'05 "W, approximately 520 feet along the West line of the Northwest 1/4 of Section 15 and the West line of the Grantor's Property to the Southerly shore of Lake Butte Des Morts; thence Southeasterly approximately 13 feet to a point 40.00 feet from the centerline of the existing transmission line; thence S05 ° 47'1 6 "E, approximately 556 feet parallel with and 40.00 feet from said centerline; thence S09 °21'48 "E, 324.90 feet parallel with and 40.00 feet from said centerline to a point on the South line of the Grantor's property; thence S89 0 18'00 "W, 32.61 feet along the South line of the Grantor's property to the West line of the Grantor's property, that also being the East line of the U.S.H. 41 Right -of -Way; thence N11 °35'33 "W, 368.97 feet along the West line of the Grantor's property and the East line of the U.S.H. 41 Right -of -Way to the Point of Beginning. Said Easement containing approximately 30,050 square feet or 0.7 acres more or less. BY: MICHAEL J. OLSEN PS No. 2577 DATE: LEGEND DRAWN BY: COH JOB NO. 200601668 SCALE: SHEET 2 OF 2 REVISIONS DATE: Oct. 10, 2007 STS Consultants, Ltd. 1035 Kepler Drive 6q Green Bay, Wisconsin 54311 920 - 468 -1978 YAMERICAN t TRINZINA1 0 8610N C 1 www.stsconsultants.com C I THE ENERGY ACCESS COMPANY Copyright 2004, By: STS Consultants, Ltd.