HomeMy WebLinkAboutHealth Care Reit, INCEasement
Document Number
Document Title
THIS INDENTURE, made this 6� day of 62 , 2009, by
HEALTH CARE REIT, INC., Grantor, and CITY OF OSHKOSH, a
municipal corporation, located in Winnebago County, Wisconsin, Grantee,
WITNESSETH:
1 !25 1 �11F�. f�lOE,
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
08/13/2- 89 :1 TAM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 13.00
TRANSFER FEE
# OF PAGES 2
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good
and valuable consideration paid by the Grantee, the receipt of which is hereby Recording Area
acknowledged, the Grantor does hereby give and grant unto the Grantee, its
Name and Return Address
successors and assigns, a non - exclusive easement over, under, and through the land
hereinafter described. The purpose and use of the easement shall be to survey, lay, City Attorney's Office
construct, operate, inspect, maintain, repair, replace, relocate, and remove public Oshkosh, WI 54903 -1130
utility facilities and improvements including but not limited to sidewalks. The
purpose and use of the easement shall also include all other utilities, facilities, and
improvements incidental to primary purposes and uses of the easement. The primary #11 -0374 -0000
uses of easement property by Grantee shall include sidewalks and any other public Parcel Identification Number (PIN)
utilities and improvements which are deemed necessary for any public purpose at the sole discretion of the Grantee. The
Grantor also gives and grants to the Grantee all reasonable rights of ingress and egress across adjoining lands owned by
Grantor which is necessary for the exercise of the rights herein granted. The easement granted herein shall be over, under,
and through certain tracts of land situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows:
A part of Lot 2 CSM #6328, Document #1487755 Register of Deeds, in the 11th Ward, City of Oshkosh,
Winnebago County, Wisconsin, containing approximately 973.9 square feet of land and being described as
follows:
The south 5.25 feet of Lot 2 CSM 46328, Document #1487755 Register of Deeds, Winnebago County,
Wisconsin.
Upon exercising any of the rights herein granted, Grantee shall cause the property, soil, and grass to be repaired and
replaced, except where the actual installation of sidewalks, and public utilities and related facilities and improvements prevents
the return to an original condition. Grass may be repaired or replaced through seeding. The Grantee shall be responsible for the
maintenance and repair of any public utility facility and improvement, except as may otherwise be required or allowed by law, as
well as the repair of any surface disruption caused by the Grantee in its use of the easement. Examples of public improvements
which the Grantor will be responsible for as required or allowed by law includes but may not be limited to sidewalks. The
Grantor shall be responsible for all other surface maintenance, including maintenance and repair of vegetation within the surface
of the easement.
The Grantee shall be obligated to pay to Grantor, its successors and assigns, all actual damages caused by the Grantee's
negligent installation, operation, repair, or removal of public facilities and improvements over, under, and through the easement
property. The Grantor, their successors and assigns, shall pay to the Grantee all actual damages caused by the Grantor's damage
to, interference with, or negligent actions relating to the public utility facilities and improvements located by the Grantee on the
easement property.
The Grantor, its agents or assigns, shall not interfere in any way with the Grantee's use ofthe easement, and in particular
shall not alter the slope or elevation of the easement, or install or construct any structures or improvements within the easement,
except that grass shall be maintained. Prohibited improvements include, but are not limited to, temporary or permanent building
structures, driveways, parking areas, sheds, vegetation except grass, landscaping or fences. Any improvements shall be allowed
only by special exception of the Board of Public Works.
The Grantor agrees that the Grantee may temporarily assign the construction and maintenance rights identified herein to
any contractor, third party, or other assignee who demonstrates to the Grantee sufficient competence and gives adequate
assurances that any work to be performed in or around the easement shall be conducted in a skillful manner, and that the
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Grantor's interest in the easement premises shall be protected to the same extent as if the Grantee was itself performing the
congtruction and maintenance.
The Grantor affirms that it has the authority to enter into this easement agreement, that currently no other person or
entity maintains an easement over, under, or through the easement property described above, that the Grantee's use of the
easement has priority over any other uses of the easement property, and that the Grantee's consent will be required before any
easement or use of the easement property by third parties is granted.
This easement is being granted for public purposes, both current and future, without regard to the Grantee's use of the
easement at any particular time. 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 Grantor and Grantee, their respective heirs, executors,
administrators, successors, assigns, and legal representatives.
IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above written.
HEALTH CARE REIT, INC.
B 4CA
Erin C. Ibele
Senior Vice President - Administration
and Corporate Secretary
And: A. �j
Michae A. Crabtree
Senior Vice President and Treasurer
STATE OF OHIO )
) SS:
COUNTY OF LUCAS )
Personally came before me this 1 0A day of August, 2009, the above -named Erin C. Ibele and Michael A. Crabtree,
the Senior Vice President - Administration and Corporate Secretary and the Senior Vice President and Treasurer, respectively, of
HEALTH CARE REIT, INC., to me known to be such persons and officers, who executed the foregoing instrument and
acknowledged the same as such officer by its authority, for the purpose herein contained.
Notary Public, Luc County, Ohio �.
My Commission expires:
This instrument drafted by: b4jid
Attorney David J. Praska , yy
Oshkosh, Wl 54903 -1130
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