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HomeMy WebLinkAbout0021856-Building CITY OF OSHKOSH N° 21856 PERMIT - APPLICATION AND RECORD TYPE: BLDG ❑ ELEC ❑ PLBG ❑ SIGN ❑ ZONING C%- FLOOD PLAIN C HEIGHT/ ADDRESS 3 oe/4r s PLAN NO. 0-10=-P -S - >gto OWNER f/ 4 ' _ AK - .► d/ �, ect , e • 111 r DESIGNER USE /NATURE OF WORK ra. e '— , c.t ca' 4t-f` u k t. Si r ' D 4 e -'1 9U - JO ' a ./i C BUILDING CONTRACTOR t A! 8 k 1,A---T �_/� �' ¢e /S' S Ft. # Rooms Cli ut Stori ( Height (-17)C r Foundation Class of Const. 67 Occupancy Permit Z. HEATING CONTRACTOR , Heat ❑ A/C ❑ Vent ❑ Fuel /System Heat Loss BTU'S ELECTRIC CONTRACTOR -J ac._ Ks k ec_ jt-, r` - 4frJ 11 Electric Serv. New ❑ Change ❑ Temp ❑ Type Volts Amps Fixtures Switches Receptacles Circuits 2 PLUMBING CONTRACTOR • - BT WH Disp WSoft CBasin __Lay Sh DW DF San. Sewer WC FDr SP Ur Storm Sewer - Sink LTub Eject SS Water Other — eV / FEES: Valuatio�' GAD _I+ / • - ; it Fee Paid $ r Park Dedication $ ISSUED BY t Ada L yi. Date 1- p Final /O.P. Ilk .. In the performance of is work I agree to perform all work pursuant to rules governing the described construc'tien... . SIGNATURE 4iLh /)- / L AGENT /OWNER DA ADDRESS X1,7 (>00- ad pia 6, eing M4I1`o1, w,` (66.) 2,40.41/41 LEPHONE # Revised: 8/89 ZONING /LAND USE COMPLIANCE CHECKLIST JOB LOCATION: %4Q S, C - 4nel�er ZONING: e PROPERTY OWNER /CONTRACTOR: /f j*/cCCLI 17f S 6 ; 4 1 CONSTRUCTION DATA: NEW CONSTRUCTION ADDITION ALTERATION PARKING LOT TYPE OF PROPOSED CONSTRUCTION: (i.e. fence, pool, sign, deck, etc.) COMPLIANCE CHECKLIST (Check only those applicable) COMPLIES DEFICIENT DEFICIENCY /COMMENTS Use Lot Width Lot Area Floodplain Front Yard Side Street (front yard) Rear Yard Side Yard (R) Side Yard (L) Parking Spaces Building Area Lot Area Per Family Corner Lot Landscaping Transitional Yard Off-Street Loading Vision Clearance Height REVIEW AUTHORITY: O�� ._ / �� i 9 P P P The Director of Community Development, or designee, mu� a ro e all lans, exce e following: (1) Alterations or interior work when the use is conforming and when no cha4'e in use is proposed. (2) Maintenance items, e.g. siding, windows, etc., when the use is conforming and when no change is proposed. Instances where work complies with the above criteria, the permit can be reviewed by the Building Inspector without referral to the Director of Community Development, or designee. v APPROVED DENIED Plan Commission Action Required Variance(s) Required REVIEWED BY: / � C� - / N ©-S f i 1).e XV/ n F ° O`7a /"ku.S - 4e -4 ,- S z s ar- so /o e? eo, /d04 ,szt})tit J6ilue,,pf rho e i- %j €C-r ( / El? ag 3 ( /rk r- QPt - 39, ect C - 417 ,//9 Sel'il:CLe. i C - - -- ����CC k i-. E pL - -- 7. z z ��, 42L 39/ .m -a-.--- 200 qb •e-or ectch -s / 9/ Z 6cJI.A3 q Z /2b S Z S Zopttz tV v 4 / J / ,'a/1,7 PC- t — — /C�,k — _ fi (2p o s- . Pi __ = © S exce...A — — 90 ' .- r . ,k _ . l 4 _—_► / ?4v 7 -a I ?Z. 4 ,/. e°a. , /781) / qg'? �e'�p4 _ 3 5-g" s� 4 c. es ...5 . - x tef-- / :t. r - k / -,.. ce-.62,__ _____ 5Tipme.A.A._ t tg4ee, 6.2__F________________s____ .5"A 0 Pik /6. - `7 / )7t,..41.._ -V:.-a_ G t';',S - °M P° •-S } to ' to / r` a l'eol .frr;IC P 1 Ad - ____Lr____TL 'N._ I rt_d_ pee-../ os' ___tok,______ ji•Oir //me:" . t Tr A, v — _ _ A ) S7 A I 4 l ' 4' '- 4 7 � z�z Ls-g z s 7 . -? - 12-- Z 39- / c 4 .70 7 c aec, P arc° 2 DEC ,, RECE1VC , _,,, 1 a, , .1 10 4,�;�t `�� DEPARTMENT OF - (9( 0 3q S —/ 9 - P7 COMMUNnTY DEV OPMENI #4 - V7.3 /s - q?...?- 76 . (q) I I 1 RESTATEMENT OF DEED OF DECLARATION 1342 PAGE548 THIS RESTATEMENT OF DEED OF DECLARATION is made and entered into this2 2 / day of (rj J , 19 72 , by ROGER E. BENJAMIN, TRUSTEE JJ _ ( "Trustee ") and S -M, INC. OF OSHKOSH, a Wisconsin corporation ( "S -M "), hereinafter jointly referred to as "Declarants ". r � �S WITNESSETH, THAT: ` �%'7/ WHEREAS, Michael T. Montlack, Trustee, executed a certain Deed of t 'Declaration dated July 27, 1970, which was thereafter recorded in Volume 1281, Page,271 on August 17, 1970 in the Office of the Registrar of Winnebago Coup$►; Wisconsin; and WHEREAS, S -M is the record title owner of the real premises sU4 ' g in red on the plot plan attached hereto as Exhibit A, and made a part heregf, -' by reference (which hereby replaces and is substituted for the Exhibit A of said Deed of Declaration) and Trustee is the record title owner :Af the balance. • of the real premises comprising the Shopping Center shown on Exhibit A; a legal description of the entire real premises (excluding the premises marked "outlo owned by Declarants is attached hereto as Exhibit B and incorporated herein by , reference, and hereinafter called the "Shopping Center"; and WHEREAS, Declarants desire to modify and amend said Deed of Dcclara- . Lion effective this date and for convenience desire to restate herein all to !terms and conditions of said Deed of Declaration as amended and modified, in order to have all their Declarations set forth in a single instrument thereby' c , i avoiding the necessity of referring to separate instruments; and i WHEREAS, Declarants desire to herein reaffirm the purpose, intent I ) land preambles of said Deed of Declaration as modified which are as follows: (" (i) Declarants have improved a portion of the Shopping Cc::t4:r { with retail 'stores and propose to further improve the Shopping Center wit: i • I . i 4d an. ' 1` r � 7 ;4';f•� !• + l t • I_ fi b . *` M �e'l�Y • .(r "fit .l' I 1 '1 ._ .. ..� ♦ .. tL � . � .�. .. •i `• Yl' • • • retail stores under a general plan or acheme, and also desire to hereby create • and establish certain easements, restrictions, and obligations, pursuant to such general plan or scheme with respect to all of such real premises; and (ii) S -M has erected a building ( "Leased Building ") leased to Welies stores, Inc. (Oshkosh).( "Tenant- Wellea ") purauatt to a Lease Agreement dated July 27, 1970, as amended, on that portion of Exhibit A shaded in red ( "Premises ") and Trustee intends to erect various future buildings on the premises not shaded in red on Exhibit A; and (iii) Declarants have and /or will make and 'provide certain • roadway, sidewalk, parking, and utility improvements and facilities, including grading, surfacing, lighting, striping, planting and the installation of sewer, water, electric and gas lines in, under, over and upon, and has set asiderfor such purposes certain portions of the Shopping Center; sand (iv) Declarants desire to establish and create for the benefit of all owners and tenants of the Shopping Center, and their customers and.1•:.. invitees, certain rights of use, egress and ingress in, over and upon.the roadways, sidewalks, and parking improvements. • NOW, THEREFORE, Declarants, as the record title owners of the entire premises, for themselves and their successors and assigns, effective this date, hereby declare as follows: 1. Exhibit A indicates thereon the location of the Leased Building, 02.9 • driveway,.exits, parking and common areas, and the location and building lines li • j of future possible Buildings on the real premises described in Exhibit' B. The location and building lines of the Leased Building, driveways, exits, parking and common areas, and future possible Buildings shall not be changed or altered from that shown on Exhibit A without the consent of Declarants and Tenant- Welle (as long as Tenant - Welles shall be a Tenant of the Leased Building), subject to Declarant's right to make minor modifications thereto. No building, structure or other obstruction shall hereafter be erected, placed or located upon any . portion of the entire premises, except substantially within the building lines • VOL 1342 PACE -2- • • f .. . • i • ' . ' i. • 11 1, • f n • VOLi342 cc5 PAVE ah7l) of the Leased Building, and future possible Buildings, all'as shown on Exhibit A. No 'future buildings constructed on the Shopping Center shall be multi storied. • 2.• This Deed of Declaration is made and entered into for the mutual . benefit of TenantWelles, its successors and assigns, Declarants, and any other future owners or tenants of the premises described in Exhibit B, and their respective customers and invitees,;and shall be considered an irrevocable A' perpetual charge and encumbrance against the Shopping Center, subject to termination or modification only as set forth below. As long as the Lease with TenantWelles shall be in effeot, the provisions of this Declaration may not be abrogated, modified, rescinded or amended, in whole or in part, except upon the written,consent of Tenant - Welles. Provided that upon expiration of the term of the said Leese with' Tenant- Welles, as extended, or upon any earlier termination thereof, this Deed of Declaration may be cancelled and terminated at ,the election and consent of (a) all owners of the premises described in Exhibit B and, (b) the holders of all first mortgagee against all or any part • of the premises described in Exhibit B. • 3. Declarants, for themselves and their successors and assigns, agree: • ;, (a) Not-to rent, lease, or otherwise contract or permit (except for Leaned Building occupied by Tenant Welles) the use of space in the Shopping Center, and the premises marked "outlot" on Exhibit A, for a discount aepartMent store, department store, or junior department store, as long as the Leased Building is occupied byTenant- Welles, or is used for one of the fore- . going uses. (b) To require any grocery or food store operation on the Shopping Center to agree to limit the sales area devoted to the sale of non- _" • food items,' as'hereinafter defined, to not more than twenty'percent (20 %) of the first twenty -two thousand (22,000) square feat of sales area nnd,ten percent (10x) of the square footage of sales area in excess of twenty -two thousand (22,000) square, feat. Sales area shall be measured from center of aisle to center of ' i ` n • } tiA 'as v' }��rt "''. " • { .•:KsLb� f«, t ip t,„Z� •. r -3- • t � � , � � � �� } ] �.� yy ,,t� . ,, 1''� t�[ J' S �Vf�' � t � � A 7 ' . n ' \ � R b , #' +�`y,. #. 4` P,9 �•'1 }i .'.� � Y. 1' •nt 1 . A,sl .e r i k •, i ti 'ky° f Y.%31± �ily�� y w ,..� ftirq, 1 r.F 1.�` • -� � �M� 71c s pt . �'l,� i "— + • ,�? � "S • .a . ti' f f';' � r.S"� -. K • d : r '" q�•�,, ..... y, +.r''.. • { •, J. ~!r `~ /a��v !' xr ` r ! tl �� ! ,1 r Y Vii- f � ' S's'eR. 1 � ,1 4,„*A114 • • *, • • oti'• . .7 . . . . . For tho purpope of this • roatrictivo covenant, non-food items do not include such items as paper products, detergents, household cleaning products, proprietary drugs, tobacco products and other similar items sold generally in ,grocery atorea. Non-food items intended to be restricted by this paragraph include without limitation: Display or sale of app./re/ including shoes and millinery, domestics, yarns and fabrics; housewares and hardware, electrical equipment and supplies; paint equipment and supplies; plumbing equipment and : supplies; automotive equipment and supplies.; gardening equipment and supplies; garden or lawn furniture; barbecues, .jugs, picnic and barbecue equipment • exclusive of paper and plastic supplies; toys; games; records; books; school supplies and stationery; greeting cards; luggage; sporting goods; appliances, furniture, sinks and cabinets and appliances which are operated by electricity, gas or other form of energy other than hand operation; services offered by service departments such as shoe repair, barber, laundry, dry cleaner, beauty shop, optical, etc.; jewelry and gift ware; furniture, photography equipment and supplies; and items of food intended to be consumed on the premises sold • in snack bars or by food vending machines. 4. S-M, for itself and its successors and assigns, agrees to require • any tenant, occupant or user of the Leased Building (including Tenant-Welles) not„to use the Leased Building or any part thereof, for a beauty parlor, • barber shop, dry cleaning service, bank or for the sale of prescription drugs. _ . 5. S-M, for itself and its successors and assigns, agrees to require any tenant, occupant or user of the Leased Building (including Tenant-Welles) not to use the Leased Building or any part thereof, for the sale of groceries or foods primarily for off-premises consumption. The definition of "groceries" herein is intended to mean fruits, vegetables,' meats, dairy products, frozen foods, and other such food items usually sold in grocery stores. Notwith- standing the foregoing /imitation'on use, S-M, its successors and assigns, may permit such tenant, user or occupant of the Leased Building to sell candy, V01.1342 PACE551 • . . . . !I • * :)" •u% • •co: . • • , ' ' e tti;) , S ."3kAv• • ' • • t " 4 • _ ! 4,v . , 44;4 - c. _ - • • V0L1342 PACE 552 nuts, popcorn, caramel corn, cookies, pretzels, potato chips and similar items and to utilize vending machines for the sale of such kinds of items; and to sell food primarily for consumption in or out of the Leased Building, and, without intending to limit the uses permitted herein, but merely by way of example: paper products, detergents, household cleaning products, proprietary drugs, tobacco products, and other similar items and such "non -food items" as the term is defined in paragraph 3 hereof. Notwithstanding the foregoing limitations, S -M may p er'mit.any Tenant of the Leased Building to have the right: (i) After April 14, 1974 to sell prescription drugs if prior thereto the other owners of the entire premises shall not have rented, leased or otherwise contracted for use of space in the entire premises for the sale by others of prescription drugs. (ii) After April 14, 1974, such tenant may sell groceries and food stuffs usually sold in a grocery store if prior thereto the other owners of the entire premises shall not have rented, leased or otherwise • contracted for use of space in the entire premises for the operation of a grocery store. (iii) Notwithstanding (i) and (ii) above, S -M shall not permit any tenant of the Leased Building to engage in the sale of prescription drugs or groceries and food stuffs (except as otherwise permitted herein) following the expiration of the applicable periods without giving the other owners of the entire premises ninety (90) days prior written notice of such tenant's • intention to sell such products. If such other owners during said ninety (90) day period shall in good faith rent, lease or otherwise contract for the use of space in the entire premises for the sale of the products which such tenant of the Leased Building intends to sell as set forth in said notice, such tenant shall not sell such products and the limitations on use herein imposed shall • remain in full force and effect. • _5- • • F .yN 1 of . �/ r r ii - .. ... iy. _st_ i c .r1l�J .w_ �. ..�,. � ' \a.m: . •F { '..= >•f'IG:I' .� {. • . 6. S -M covenants and agrees, on bcheaf of itself and its successors and assigns, as follows: (a) Not to enter into any agreement with Tenant - Welles which woul. reduce the term of (or cancel or terminate) the Lease with Tenant - Welles or which would permit Tenant - Welles to change its use of the Leased Building; provided that the above is not intended to affect or impair the provisions of the Restate , ment of Lease with Tenant - Welles as they now exist. (b) In the event that the Leased Building is damaged or destroyed by fire or other casualty, or taken in whole or in part by eminent domain or condemnation, S -M shall cause the Leased Building to be repaired or restored, if and as required under its Lease with Tenant - Welles, as'long as said Lease is in, force and effect. Without intending to impair the rights of Tenant - Welles as provided in its Lease for the Leased Building, the foregoing shall not be deemed as a personal covenant upon any first mortgagee of the Leased Building, if said mortgagee should become a mortgagee in possession of the Leased Building. (c) In the event that Tenant - Welles, or any future tenant of the 'Leased Building, shall vacate the Leased Building, whether due to default of suc tenant, or by reason of events beyond the control of either party, or for any reason whatsoever, S -M shall use its best efforts to lease the Leased Building for occupancy as a discount or juniot department store, or department store; but in any event, shall lease the Leased Building solely for retail commercial store use. 7. Declarants hereby establish and create for the benefit of the • Shopping Center and do hereby give, grant and convey to each and every person, firm or corporation hereafter owning any portion of the entire premises and the tenants I. of same, together with customers, employees and invitees, a mutual, reciproca b land non - exclusive easement, license, right and privilege of passzge and use, hot 'pedestrian and vehicular, for the purpose of ing,reSs, egress, and parking in, to, upon and over any portion of the entire premises dedignated as parking areas, entrances, exits, lanes, driveways or other common areas as well as the use of all I / utility lines, wires, pipes, conduits, sewers and drainage lines (hereafter called "utility lines ") in, upon, under, or over the premises. S -M and Trustee further grant and give unto each other the right n g and privilege to enter upon . V0L1342 PACE553 -6- t 1 c i �✓ �44� tt F 4... ; . t �� ,P y J Hn - ... a 'r.` F ` M . - i , .w • r.....i�• -! { . •"" 3 !ia > lyf7. , � 2Y 7 44 •:il { .• •∎ f $ .*.t. , "� t ' • •� � t ,,,, . i' .. .. - . , . f , ^I ^t i t ) 3[4 4 y 1q s l A • • y2' ■ • 1 V0L1342 PACE the other's premises for the purposes of constructing and connecting to any im- provements (including utility lines) in the Shopping Center. The Trustee is granted the right to relocate any utility lines in the Shopping Center provided he do so at his cost. Any party exercising the rights and easements herein granted in respect to construction and connection shall repair any damage caused thereby to the other's premises. It is understood that the rights herein created are for the benefit of all owners of any portion of the Shoppinv Center, all tenants of same, and their customers, employees and invitees, but the same is not intended, nor shall it be construed as creating any rights in or for the benefit of the general public. The Declarants and any other future owners in fee of all or part of the entire premises reserve the right to close temporarily all or any portion of the common areas of the premises, as may be legally necessary and sufficient to prevent a dedication thereof or an accrual of any rights in any person other than as aforesaid, or in the public generally therein. ' 8. The driveways, entrances, exits, roadways, sidewalks, lanes, ' parking improvements, parking areas, and common areas are hereby reserved for use in common by all owners -of the Shopping Center, their tenants and their . customers, invitees and employees. The owners of the Shopping Center hereby • give, grant, and convey to the owners of the premises marked "outlot" on Exhibit A, and their tenants, and the customers and invitees of same, the • right and easement (i) to use all of the common areas on the Shopping Center, including the parking areas, driveways, exits and entrances, in common with th• owners of the Shopping Center, and their tenants, and the customers and invites of same, (ii) of access, egress and ingress to and from the premises marked "outlot" over the Shopping Center, and (iii) to construct, extend, connect to, . and use utility lines within the Shopping Center, provided that any dama;;c caused thereby be repaired by the person causing the damage. No fences or other barriers shall be erected which would interfere with the free flow of pedestrian and vehicular traffic between the Shopping Center and the'premises marked "outlot ". No part of the common areas shall ever be leased, or the right to use same granted to any other person, firm or corporation, except to the owner: -7- f 1 + ,.� * s • r y. � i Y t snit° . of the Shopping Center, and to tenantssof such owners, during the term of any tenancy,.and to the customers, employees and invitees of said tenants. There shall be no right to collect parking rentals or fees from any customers, employees and invitees of any tenants of the Shopping Center for the use of the parking areas on the entire premises. 9. The parking areas situated on the premises, and owned by S -M are and will remain adequate to park not less than 560 cars of standard American size, in front of the Leased Building. In the event that Trustee does in fact construct the future possible Buildings shown on Exhibit A, he shall cause to be constructed on that portion of the Shopping Center reserved for parking areas, which he owns upon this date (the premises not outlined in red on Exhibit -A), additional parking areas so that at all times thereafter there shall be a mini- mum of six (6) standard size American car spaces on the entire premises for each 1,000 square feet of leasable ground floor area constructed within the entire ' premises. All parking shall be angle parking. The layout of the additional parking areas to be constructed by Trustee, as above provided, shall be subject to the reasonable approval of Tenant - Welles (as long as Tenant - Welles or its successors and assigns occupies the Leased Building), which approval shall not be unreasonably withheld or delayed. Tenant - Welles' approval such parking ll layout shall be limited to such items as the width and size of the parking spaces and lanes, traffic flow, lighting and integration with other existing parking areas in the Shopping Center. It is understood that Tenant - Welles shal I not have the right to approve the specific location of such additional parking as long as the same are within the areas reserved therefor. The foregoing obli gation of Trustee shall also be binding upon his successors and assigns and upo t� I f that portion of the entire premises owned by him, but the same shall not be con d sidered, in any manner, an obligation or covenant of S -M to Tenant- Wel1es, or anyone else. Notwithstanding any language to the contrary, the above obligatio I ,of Trustee may be enforceable by only Tenant - Welles, and no one else. Upon i; expiration or termination of the Lease with Tenant the above obligation if !I li Trustee may be enforceable only by the owner or owners of the Leased Building. 1' If, as and when buildings are constructed on the parcel marked "outlot" on Exhibit A; the owner thereof shall cause to be constructed thereon a minimum of three (3) standard size American car spaces for each 1,000 square feet of J voL1342 PAcE555 -8- • 4 ''; , .1 v 0 1242 PAGE 556 leasable space for office use and /or a minimum of four (4) standard size American car spaces for each 1,000 square feet of leasable space used for all other commercial uses, other than office use. 10. As long as Tenant - Welles shall occupy the Leased Building, Welles, I on behalf of S -M, shall have the right and thereafter S -M shall have the right, to make reasonable rules and regulations with respect to the use and operation of the parking and other common areas of the Shopping Center, provided that the same are of general and uniform application. Such reasonable rules and regula- 1' tions shall be binding upon all owners of the entire premises. 11. With respect to all areas on the Shopping Center used in common or • usable in common by the owners and tenants of•the entire premises, as shown on Exhibit A, including but not limited to the parking areas, sidewalks, driveways, exits, entrances and lanes, S -M shall cause the following to be performed: (i) make all repairs, replacements, and alterations required to all exterior lighting systems, side- walks, driveways, landscaping, parking areas, and in general, the common areas, including the pylon signs; (ii) pay the cost of all utility service, including lighting of all completed common areas; (iii) carry and maintain public liability insurance in amounts of at least $1,000,000 in case of injury or death to one person and $3,000,000 in case of injury or death to more than one person and $50,000 in case of damage to property; (iv) pay for the costs of cleaning the parking areas and snow removal from the parking areas, side- walks and driveways. Notwithstanding the fact that S -M shall perform and pay for the above costs and expenses, Lhe total cost incurred by reason thereof shall be shared by all the owners of any portion of the Shopping Center in the ratio of square footage of building area (including future possible buildings) on each such portion of the Shopping Center to the total square footage of building area (including future possible buildings) in the Shopping Center; Periodically,but, no more often than monthly, S -M shall deliver to each owner a statement of the costs incurred to the date of the statement, with an allocation of the amount • due from each owner in accordance with the above formula. Each owner shall re- ' imburse • for his or its share within fifteen days after the date of such statement, and if not paid within such tigie, the amount due shall thereafter -9- r } y r • .� .7 LY 1 � ri ' r4 �5 3 , irNa i • i • bear interest at the rate of eight per annum, computed p quarterly. In the event that such sums are not paid within sixty days from the date of such statement, in addition to all other remedies at law and equity, S -M may file for record an Affidavit with the appropriate governmental authorities, setting forth • that fact that such sums are unpaid, and such Affidavit, when recorded, shall constitute a lien and claim against the real premises owned by such defaulting owner (subordinate however to any first mortgage of such real premises), subject to foreclosure or any similar remedy of judicial sale accorded Mechanics' Liens. The above obligation of the owners of the Shopping Center is not intended to i impair or affect any agreement,' now or'in the. future, made or to be made betwee •such owner and his or its tenant(s), whereunder such tenant(s) have or will agree to assume the above obligations of such owner. ' In the event that S -M shall fail to perform any of the obligations set i forth above in this section, any other owner shall have the right to perform • same, and the costs thereof shall be shared as above provided and such owner shall have all rights of reimbursement and collection as provided above for S -M. 12. It is understood and acknowledged that a condemnation or • • acquisition by eminent domain for any public or quasi - public purpose of a all or any part of the parking and other common areas shown on Exhibit A, will.or may_affect the entire Shopping Center, and will or may cause damage 1 and injury to any owner of buildings on or portions of the Shopping Center, 1 notwithstanding the fact that the land taken or 'appropriated does not belong g to all the owners of the entire premises. Therefore, any owner not separately ] compensated for his loss or damage by reason of such condemnation shall have II the right to share in any settlement or award made to all other owners of the N Shopping Center. Such awards or settlements shall be divided equitably to �� compensate each owner for his or its loss or damage. The right of such owners • not separately compensated shall constitute a claim and charge against the I awards made to all other owners of the. Shopping pp in g Center and the real premises �; in the Shopping Center owned by such owners b j su 7ect however to the rights of I any first mortgagee. If the parties cannot agree on such equitable division, I' voL1342 PAcE —10- • I . • ° tr • .•�, .. • ' ::; ... . .. ;,./... . r 'ALP, ;.4,.. ' #k: ; t.. . s.h+i$+ 4 ';_ S L • • •5 • • . r 11011342 PacEv they'shall eubmit same. to arbitration, in accordance with the rules of the • American Arbitration Association and the decision of•the arbitrators shall be final and binding on the parties. 13. The restrictions and covenants contained herein shall be deemed to be covenants running with and binding upon the real premises herein intended • i:'•;', ,.; to be bound, subject only to real estate taxes and assessments, zoning ♦ 4 5 , ` • ordinances, easements and prior restrictions not affecting the use of the premises by Tenant..Welles, subject to termination only as above provided in # ,, .A,! :' „ •',.:: paragraph 2 hereof. Said ,restrictions shall not be extinguished, merged or • tip, • i otherwise impaired because of a,tranefer of title to said premises, or any ♦ L P art thereof , , 'part , •orri4 f .a�yy mortgagee of all or any part of . the Shopping Center, to M• , • or anyone else. forecloses on, the premises, or becomes a mortgagee in posses - ' : . ,- . r• sion by of'forecloeure,:or takes a deed in lieu of foreclosure, or ♦�` 'anyone becomes a purchaoer at a judicial sale of all or any part of the ' fw premises. Notwithstanding any acquisition by any person or entity of .. " �"•, concurrent legal and /or beneficial title to the entire real property subject •, r . hereto or benefited hereby, there shall be no merger of the easements, : k 1 i• • licensee, rights and privileges herein granted into the fee title of such • :`• : .., properties, or any part thereof, so long as there shall be any mortgage • 4..' >•''' interest now or hereafter encumbering any parcel into which such properties • •, ';•; may be divided, which mortgage interest does not equally encumber, with the • ' same priority, all the others'of said parcels. ��'`* ' 14. With respect all.,areas on the Shopping Center used in ( i tit , t .f •' , f +t „` : - • common or usable in common by the owners and tenants of the entire premises, ,'..;.!...:!::.*••:;:: ,. . ' as shown on Exhibit A, including but not limited to parking areas, sidewalks, • driveways, exits, exits, entrances and lanes, each •;` ` .. owner of any portion of such . ''common area shall pay 'and discharge punctually as and when due and payable, " • before any 1 • • y pent ty shall be assessed by reason of non - payment, all real estate. ti, taxes, assessments, and sewer and water charges of every kind and nature t whatsoever, special as well as general, and each and every installment thereof -11.. • • : t P' i f 4 u7 Pf: X ^ I r , r •� t +lrr5 ew Y. • , ' %'� y f,yl !e Y t,gh'S „ Y. M - ±P 1� i r V r +6 1 � „ r. ,. .. � ♦ ' • f ' ,,� I e t' •i ' t } r +�'� 4,.....v.-i,,4-1! t Y"� • ” ��' ';. +• t ' p ,.• 4 4 ,.. t o . . N • 1 • • .Z:RY , ^•• rV♦ .dC�AS..._ ... ♦ _ Lt . ' . ;r .. Y KQ1 . s • ' .n. .... .. . ... .!. 'N:.° 5 : :(J^ :'! .. :... i • 1 • • • which may be charged, levied, laid, assessed or imposed upon, or become due • and payable with respect to, or become liens upon•auch common areas owned by such owners or any tax levied; assessed, or imposed in lieu of the foregoing, i 1 4 together with all interest and penalties thereon, under and by virtue of any • • present or future laws, rules, regulations, ordinances, orders or requirements of the federal, state, county and city governments, and of all other govern mental authorities whatsoever. Upon payment of such taxes and assessments by each owner of the entire premises, such owner shall forward copies of the tax bills with proof of payment to S -M or its successors and assigns. The total coat of all of such ;.' taxes and assessments shall be shared by all the owners of the Shopping Center . in the ratio of square footage of building area (including future possible ' buildings) on each separately owned portion of the Shopping Center to the total square footage of building area (including future possible buildings) of the Shopping Center. S -M shall thereupon forward a schedule of all such payments • and an allocation of same, as above provided, to each owner. Such allocation f shall set forth the required reimbursement between each owner to accomplish the allocation of the total taxes and assessments to each owner in accordance with the foregoing. It is understood that by reason of the foregoing, S -M is not • assuming any obligation of any sum due from one owner to another, but is merely . preparing such allocation and schedule, without charge, as an accommodation to such owners. The provisions of this paragraph are not intended to impair or . affect any agreement, now or in the future, made or to be made between such owners, and his or its tenant(s), whereunder such tenant(s) have or will agree to assume the above obligations and payments. • 15. With reapect,to S -M's obligations set forth in Articles 11 and • 14 hereof, S -M may enter into any management agreements or subcontracts for the performance of such obligations by others. The taxes and assessments attribut- able to each owner's common areas shall be determined dividing the total • square footage of land area covered by each owner's tax bill by the total taxes and assessments•billed•thereby, arriving thereby at a cost of taxes and assess - ments per square foot of.the total land area covered by the tax bill. This -12 • .i+t "; : vF `d , , , o t r + s" .+• t to ,,a . I . r� _. ;, i� 5 ,. • �. !ft f u. (, 3' �. ,. ti Sky,tr yl. 'v++"luF .r +e+a r,.3ra "r^. I '/.134? H11561) cost per square foot shall be multiplied by the total square footage of land area on such owner's property which is used or usable in common as aforesaid. 16. Tenant - Welles shall have the right to erect and maintain signs relating to its business on the walls of the Leased Building and to erect and maintain free - standing signs on the premises in such locations as indicated on Exhibit A. S -M and Trustee shall not permit any other free - standing signs or •a . pylons in the Shopping Center without the written consent of Tenant - Welles, it .'which consent shall not nrasonab withheld or delayed. 17. In the event be u e of breach, ly oi r attempted breach, in any of the terms, covenants and conditions hereof, any owner of all or a part of the entire premises or any tenant thereof, shall be entitled to full and adequate relief by injunction and /or all such available legal and equitable remedies from the consequences of such breach, and any deed, lease, assignment, conveyance, contract or act in violation of this Declaration shall be void and of no effect. 18. Each covenant, agreement or obligation herein set forth shall be deemed as a separate and independent undertaking of the party bound thereby, and not dependent on any other provision hereof, unless expressly otherwise provided. The determination of the illegality or unenforceability of any provision or provisions hereof shall not affect the validity and effect of any and all other provisions hereunder. 19. This Restatement of Deed of Declaration is subject to the rights, 6 easements, obligations and benefits of a certain Reciprocal Easement and Restriction Agreement dated July 16, 1971, by and between 44 Drive -In Theatre, Inc. and Declarants, which Agreement was recorded in Volume 1313, Page 117 of the Office of the Register of Winnebago County, Wisconsin. If any of the terms and provisions herein set forth are in conflict with the terms of said Agree- ment, said,Agreement shall control. This Restatement is not intended to supersede, amend or impair said Agreement or the rights of the parties herein, but is intended solely for the purposes of the third preamble paragraph herein. r • • ! -13- • • .. . ' ,r ; ,},3, AO � r„L4 At: , ,. • .* l ' •,. 4::',.4:4112.4.4 7, '•:•-• ::':•''''', ' 1 • . ": .....r. ' • " '" .r. • ",•• •• • deb *. ''': 4, • '••• , : •...4 'I . ,t. ,- ,;,, i. , . - . ,.,„ .. .. „..t.,.s -4- b ■ ••'',t f ':'. i`r. AVIt'',.' i i 1 i . y:P .'• , , ' ' `..... • , . -. .....'..:,,ii....t.'.......4h... 7 ,17 '",..*: :•''..,' . 7. _ - _t....'.....;.. oil -' *, , t..:444r...... 4 - 30's , ' - 1 . . I , ,. , . • . . „ . • ' . e " ' • 1 1 1 . • • • • • • . . • • . • i • • 20. The terms, covenants and conditions herein shall inure to the . I benefit of and shall be binding upon the Declarants and their successors and . , assigns. 1 . IN WITNESS WHEREOF, the Declarants have duly executed this Declaration d the day and year first above written. . 1 11 Witnesses: , ,, 1 i Hoge . T Nus • Benjamin, T tee • i . . . S-M, INC. OF OSHKOSH ' It • i ( 71(/ .7 >")?. 1(--, volimiiiiiik B 6........t...1..A.,-, , nd 2 1.-- ........ . , . , • • ...! * , VOL1.242 c"3.'1:61 4 ..., • • . • . . . m ,, • • • ., -14- 1 . , . „ . , . , . • ' ,,e ' '' ' . .1'` - •"'' . ' . ' - ...:7:. .,1, . '.02..7,7171-77-717 • t 7 77 % -.- .7:7 ---7— _ . ,7 . : -,. .P . .' 4,7'Pz1 . , • , 7,..7 I -..... % '' A ..... '' -..iPt-' • - I -.” ? % - , ' ,, .' ,. , ...,=.'`,,i, I.., t. -, -... •„,,,":.,,,,,,,,..--... • 4 ,.. ' ■ - . • .e.'. .. . , „ . .. ,. ,,. ... ., ' ', '' 7V, • • l• . ...e ...;, :..,•.,.; s tot: +. s• :,,!.. • '.. 1: • • • . ' ,•'. :9 ‘ .;.; ' • • ' 1,., ':. ''•:', i'` ' ' . 4 :4'. .. ' 4, 4 *:. " :41141 . "44 . 1 1 , 1 ,4,•:"41 "' ,,*14%t ,' , i,' ' . ... ' ' ... r:, •• '' :' ' • ■•4. f": '' • . t i : t.: 4 ` t lr '' S. : .;. S t% " , ., 4" `: ." .`, iv. . ' '' ' 4 , ‘ ''• • •* . '■'' i ; ; ' I '.. -'' .,t1 t., .4 ' ".., A 4'41: , s ' 4 0,::1 7 N - s , ... -,..:;`,,, 7. ' , '',.' ,..')!, ',ff ''' • ' ''s , i , . ` L - - -P . - ' 44,- ........ 4.41, • •-,' •4' 'I" ' • • ) ..' '. V ' _ : . ) ' ' " t ' 4 ' 1 ''' * , . l , •• 'Alt!' ' ••17 ,I. ..: •• • •• 't .,4 ;vet - 4 , ..Y' 2 ¢ a . M k Y y 'y. • ) d , �. r. .. ' ': `Fr '-s. �• "5 ` .w. l: .r. ._ .,_.._. ��" ._..... !� . :il..v' ,- • • • t „ t • • STATE OF OHIO) '.V(f .1342 Flqr. 562 ) SS: CUYAHOGA COUNTY) • • BEFORE ME, a Notary Public in and for said County and State, appeared the above named ROGER E. BENJAMIN, TRUSTEE, who acknowledged that he did sign the foregoing instrument and that the same is his free act and • deed, personally and as such Trustee. • IN TESTIMONY WHEREOF, I have hereunt set my hand and official seal at Cleveland, Ohio, this ?-y day of �k(Y∎-‘ k , 1972. No ary PubiiF ; DONALD H. POWERS. Atton}gYJ; tl. NOTARY PUBLIC • STATE Or 0t14( $ Co nmission has no expiation niter : O S&Woo 141.e3 R. O. : Cri• • 1 ` STATE OF OHIO) - . • • ) SS: CUYAHOGA COUNTY) • BEFORE ME, a Notary Public in and for said County and Sate, appeared the above named S -M, INC. OF OSHKOSH, a corporation, by ... 'Y� ita , and V? • its Qyz_ , who acknowledged that they did sign the foregoing instrument and that the :ame is their free act and deed personally and as such officers, and that the same is the free act and deed of said corporation. . • IN TESTIMONY WHEREOF, I.have hereunto et mY hand and official seal at Cleveland, Ohio, this ,'Z-`{ day of G►11n;...1 1972. • . p tary Publiq • DONALD H. POWERS. AaomtY NOTARY PUBLIC • STAfE OF 0141— : , APPROVED: My ppplm isi.n Ms M .aDlratlMl d�M • • safa ut � WELLES STORES, INC. (OSHKOSH) • BY , G 2Q SI► 1 us Paris, Chairman of the Board • • • • • • • x � .T. t ��,r + .ix '�• �`. +1'� ��r . • ��Y ; „•L ' €} / •( r w4" 1 ' y r f�..•11 it..xr.�'.�..�...AM.�rutl�2' • • te .. , oor , t j A . t. , J • . • 'EXHIBIT' B • 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, 350.69 feet; thence South 0 48' West 33.00 feet to the point of beginning; thence continuing South 0 48' 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, 242.Od 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 48' East along the centerline of • said roadway 242.00 feet to the North line of Witzel Avenue; thence South 89 13' East along said North line, 260.98 feet; thence South 0 46'• West ' 156.5 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 585.00 feet to the southeast corner of a parcel • l of land conveyed to 44 Drive -In Theatre, Inc., on July 29, 1971; thence North 0 41' East along the eastern boundary line of said parcel,of land conveyed to 44 Drive -In Theatre, Inc., 215.00 feet; thence North 89 04' -00" West 281.41 feet to a point in the old east right -of -way line of U.S. Highway 41; thence North 0 41' east along said old right -of -way • line 385.2 feet; thence South 89 31' East, along the old right•of -way of U.S. Highway 41, 60.01 feet; thence North 0 49' East along the old • right -of -way line of U.S. Highway 41, 185.95 feet; thence North•27 16' East along said old right -of -way line, 196.5 feet; thence South 89.. ° . 13''''. East 18.23 feet to the point of beginning; EXCEPTING THEREFROM, a Strip of land lying 'along the western side of the above described parcel and a strip of land lying along the northern side of the above described parcel, which strips of land were conveyed to Winnebago County for highway purposes by deeds recorded August 30 1971, in Volume 1316 of the Records of'. the Registrar of Deeds for Winnebago County, at Page 581, and in Volume-1316 ' of said Records at Page 583. • • • . • EXHIBIT B • v01.1342 PAgE563 t a N � ' 4 1 � �; s Mr ryr's . r i ' . w + ,� ,s;04 7,,. * y i ? .) ' •4 4 . i y .j - irs ' . Yr�i w y,.�c�r .� r �7 ,,,', T r l k'' r 5 " r te "^a , 1, 14, ! '.%01'.: t3f }� k • ; ;ty .! ' r :i r s i t' •i 7 : _.= 1 , k"S .. i • -. ... .,'rt r "}„ ' 4t, :,"' ` ' '" $..7!.'. t +' , { 1 • RECEIVED . , . DEC 10 1990 DEPARTMENT OF COMMUNITY DEVELOPMENT o -o 0 -0 98 0 -0 0 -0 RECIPROCAL EASEMENT AND RESTRICTION AGREEMENT July 16, 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 (The Trustee), having an office in care of M. H. Hausman Co., Suite 300, One Public Square Building, Cleve- land, Ohio,- 44113. Witnesseth: 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 owns 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 B; 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 ease- ments in favor of and to impose certain restrictions on each of their prop- erties for the benefit of the other as more fully hereinafter set forth. Now, Therefore, in consideration of the mutual promises herein con - tained and for other consideration, the parties aree as follows: 1. 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 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 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, road- ways, 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 1 cseJimftt ogtt.t¢aet & !LtL Company wr e, ., 0 INCORPORATED •• 1 L rL ti I r) SHEET NO. 68. ABSTRACT NO. 4 0, 089 r•.00r . • 1 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 walk- ways, 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 permittees, in common with all others entitled to use the same, a non - exclusive easement in, to and over all sidewalks and walk- ways, 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, direc- tors, 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 6 standard -size American cars for each 1,000 square feet of leasable 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 suc- cessors and assigns so consents. A 30 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 be- fore September 30, 1971, without any consideration, the land 42 feet in width and 180 feet in length within the area adjoining Parcel t=, to the north which is hatched with parallel lines on Exhibit D. If said strip of land is subsequently removed from said Official Map before Drive -In completes its preliminary plans for its first improvement on Parcel A, 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 Trustee of any notice Drive -In receives in respect to such taking, and the Trustee shall have the exclusive right to negotiate in respect 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. IQotwith- viT fe:•", c Sc/ mitt c 4L itzact 5 �it& eompan j "cal t • __ -- • INCORPORATED • < ;. •• VIIMICIEra SHEET NO. 69, ABSTRACT NO. 40,089 1 I r r • I I standing the foregoing, if the 42 -foot by 180 -foot parcel of land is not owned 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 fore- going 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 pro- visions 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 approval of the Trustee upon plans and specifications prepared by Drive -In for the parking areas, drives, walks and other common facilities and utility 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 con- structed 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 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 fore- going covenant, S -M or the Trustee may, after first giving Drive -In 15 days prior notice in writing sent registered or certified mail, postage prepaid, to the address at which real estate tax notices for Parcel ti 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) 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 for and on behalf of S -M or the Trustee, pro- vided 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 _ TCA� ;�' p;� cS'a/imitt v IL tt zact 5 J tte 'omm.anei .1 • . INCORPORATED�_� rmanucru SHEET NO. 694. ABSTRACT NO. 40, 089 4 e ooli cannot be reasonably cured within the 15 days, for the period of time reason- ably 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, imme- diately 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. 11. (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) for service of their respective parcels and for no other prop- erty 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, mainten- ance, 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 other- wise agree. The locations of the easements granted pursuant to this para- graph 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 pro- hibit or limit: (i) the grant by any party hereto of easements to any pub- lic body and /or utility company for the construction, installation, opera- tion, maintenance, repair, relocation, modification and alteration of sani- tary 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 com- panies 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 pur- suant to this Paragraph 11 shall be responsible for the installation, main- tenance and repair (except as such is otherwise performed by any public body or utility company) of all utility pipes, 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 permit - tees in which case such party shall be responsible for the work, and any such installation, maintenance and repair shall be performed only after 2 weeks notice to the respective Grantor of the intention to do such work, I ft: "4 r; cSeiimLtt 4L t.braci & at& eomiian.5 ,s • y b =� INCORPORATED • • . .;;, , . - 1 flI — 1 ��n�rr� �f rn SHEET NO. 69 B. ABSTRACT NO. 40, i ' / I • � I I 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 improve- ments thereon of the respective Grantor in performance of such work shall be promptly repaired or replaced by the respective Grantee in a good and workmanlike 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 be- tween 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 construc- ting 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 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 10 per cent 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 B 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 2 years have passed from the date this instrument is filed for record with the Winne- bago 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 maxi- mum 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 -1i to any tenant or occupant of any space upon Parcels B or C; (ii) does • • eSerimitt 4I t.t¢aet f� ¶it& eom,fzans e1C • - �� • INCORPORATED • • (rT.�TTI;L'ID `► SHEET NO. 69C. ABSTRACT NO. 40, 089 • not violate the restrictions and covenants existing in the Deed of Declara- tion recorded August 17, 1970 in Volume 1281 at Page 271 of Winnebago County Records (Refer to No. 85) ; 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) e 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 (±) 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 con- venience food stores such as Lawsons, Open Pantry, Convenient Food, and Seven- Eleven, all stores commonly known as "package, "bakery, and deli- catessen 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 foregoing types of stores defined in this part () are herein called "food and beverage stores," If a theatre is initially opened for business upon Parcel t 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 exist- ing 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 (Refer to No. 85); 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 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 suc- cessors 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 (Refer to No. 84) , S -M and the Trustee agree that for a period of 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 Welies Stores, Inc. (Oshkosh) , its successors and tc4 .Sefiimftt o4L thLact & JitL' domilan f • � INCORPORATED • • N • • ft 190 44 CTI IIIL71D SHEET NO. 69D ABSTRACT NO. 40, 089 4000 01' • • • 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 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 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 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 con- struction 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 reason- able control of Drive -In. 13. Drive -In agrees not to construct any building or buildings upon Parcel ti and not to erect any pylon or other free - standing signs or attrac- tion 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 ti shall not exceed 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 15 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 un- reasonably withheld and after obtaining the written approval of ',lelles Stores, Inc. (Oshkosh), its successors and assigns. �E scam ; .0 )./A t s cs'cfitr_EEE :��i sEzacE E�E Company • _ i • INCORPORATED • �` • (Ammo Nam) SHEET NO. (9 ; ABSTRACT NO. 40, 089 4.20ot 14. The rights and easements herein created and the covenants and restrictions herein made and imposed shall be construed 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. SIGN: 44 Drive -In Theatre, Inc. (Corporate Seal) By Ben Marcus, President By Richard L. Kite, Secretary. S -M, Inc. of Oshkosh (No Corporate Seal Affixed) By Roger E. Benjamin, President By Karen Rett, Secretary; Roger E. Benjamin, Trustee. Attached thereto is Exhibit "A" 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. Also Attached thereto is Exhibit "B" Parcel B (Land of the Trustee) That part of the Na 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° 48' 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 Norh 0° 48' East along the center -line of said Roadway 275.0 feet to the North line of the Southwest 1/4 of Section 22; thence South 89 13' :, ast along said North line, 410.98 feet; thence South 0° 46' West 189.5 feet; thence South 89° 04' Last, 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 :E ast line, 806.88 feet to a point in a line that is parallel • • ; •��•,, � &IZmLLt L ttzact 6 _litLE d om ant .� gy „ i _� INCORPORATED `/ • , , • t3; 1 (unoruwant) SHEET NO. 69F. ABSTRACT NO. 40,089 4eeooS Z • 0 -0 0 -0 106 0 -0 0 -0 QUIT CLAIM DEED December 14, 1971 S -M, Inc. of Oshkosh, a corporation to Roger E. Benjamin, Trustee. $1.00 PARCEL 1 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 said Section 22, thence South along the West line of Section 22, 996.38 feet, thence S. 89° 04 E., 834.48 feet to the Place of Beginning; Thence N. 0 41' E., 105.00 feet, thence S. 89° 04 E., 30.00 feet, thence S. 0° 41' W., 105.00 feet, thence N. 89° 04 W., 30.00 feet the the Place of Beginning. PARCEL 2 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 said Section 22, thence South along the West line of Section 22, 996.38 feet, thence S. 89° 04 E., 1049.48 feet, thence N. 0 44' E., 537.00 feet to the Place of Beginning; thence N. 89° 04 W., 227.0 feet, thence N. 0° 44' E., 5.00 feet, thence S. 89° 04' E., 227.0 feet, thence S. 0 44' W., 5.00 feet, to the Place of Beginning. SIGNED: S - M, Inc. of Oshkosh (Corporate Seal) By: Roger E. Benjamin, President By: Karen Clyde, Secretary. Recorded May 31, 1972, 8 :48 A. M. in Volume 1342 on Page 545 as Document No. 421440. 0 -0 0 -0 107 0 -0 0 -0 RESTATEMENT OF DEED OF DECLARATION April 24, 1972 by Roger E. Benjamin, Trustee ( "Trustee") and S -M, Inc. of Oshkosh, a Wisconsin corporation (S -M "), hereinafter jointly referred to as "Declarants". WITNESSETH, THAT: Whereas, Michael T. Montlack, Trustee, executed a certain Deed of Declaration dated July 27, 1970, which was thereafter recorded in Volume 1281 Page 271 on August 17, 1970 in the Office of the Register of Winnebago County, Wisconsin (Refer to No. 85); and WHEREAS, S -M is-the record title owner of the real premises shaded in red on the plot plan attached hereto as Exhibit A, and made a part hereof by reference (which hereby replaces and is substituted for the Exhibit A of said Deed of Declaration) and Trustee is the record title owner of the balance of the real premises comprising the Shopping Center shown on Exhibit A; a legal description of the entire real premises (ex- cluding the premises marked "outlot ") owned by Declarants is attached hereto as Exhibit B and incorporated herein by reference, and hereinafter called the "Shopping Center "; and Sad •�o7,. _� eSc�zmfEt og�isEza �f eE & E& com an • t> • INCORPORATED • SHEET NO. 80. ABSTRACT NO. 40, 089 4Uoot • Whereas, Declarants desire to modify and amend said Deed of Declara- tion effective this date and for convenience desire to restate herein all the terms and conditions of said Deed of Declaration as amended and modified, in order to have all their Declarations set forth in a single ins thereby avoiding the necessity of referring to separate instruments; and Whereas, Declarants desire to herein reaffirm the purposes, intent and preambles of said Deed of Declaration as modified which are as follows: (1) Declarants have improved a portion of the Shopping Center with retail stores and propose to further improve the Shopping Center with re- tail stores under a general plan or scheme, and also desire to hereby create and establish certain easements, restrictions, and obligations, pursuant to such general plan or scheme with respect to all of such real premises; and (11) S -M has erected a building ("Leased Building") leased to Welles stores, Inc. (Oshkosh) ("Tenant - Welles ") pursuant to a Lease Agreement dated July 27, 1970, as amended, on that portion of Exhibit A shaded in red ( "Premises ") and Trustee intends to erect various future buildings on the premises not shaded in red on Exhibit A; and (iii) Declarants have and /or will make and provide certain roadway, sidewalk, parking, and utility improvements and facilities, including grading, surfacing, lighting, striping, planting and the installation of sewer, water, electric and gas lines in, under, over and upon, and has set aside for such purposes certain portions of the Shopping Center; and (iv) Declarants desire to establish and create for the benefit of all owners and tenants of the Shopping Center, and their customers and invitees, certain rights of use, egress and ingress in, over and upon the roadways, sidewalks, and parking improvements. NOW, THLREFORE, Declarants, as the record title owners of the entire premises, for themselves and their successors and assigns, effective this date, hereby declare as follows: 1. Exhibit A indicates thereon the location of the Leased Building, driveway, exits, parking and common areas, and the location and building lines of future possible Buildings on the real premises described in Ex- hibit B. The location and building lines of the Leased Building, drive- ways, exits, parking and common areas, and future possible Buildings shall not be changed or altered from that shown on Exhibit ti without the consent of Declarants and Tenant - Welles (as long as Tenant - Welles shall be a Tenant of the Leased Building) , subject to Declarant ' s right to make minor modifi- cations thereto. No building, structure or other obstruction shall here- after be erected, placed or located upon any portion of the entire premises, of the Leased Building, and future possible Buildings, all as shown on Exhibit A. No future buildings constructed on the Shopping Center shall be multi- storied. 2. This Deed of Declaration is made and entered into for the mutual benefit of Tenant - Welles, its successors and assigns, Declarants, and any other future owners or tenants of the premises described in Exhibit B, and their respective customers and invitees, and shall be considered an irrevocable perpetual charge and encumbrance against the Shopping Center, subject to termination or modification only as set forth below. As long Z 14'#4 t 4 cS&�zmttt v oe adz Commia,zj e 190‘ k = ) SHEET NO. 81. ABSTRACT NO. 40,089 • as the Lease with Tenant - Welles shall be in effect, the provisions of this Declaration may not be abrogated, modified, rescinded or amended, in whole or in part, except upon the written consent of Tenant - Welles. Provided that upon expiration of the term of the said Lease with Tenant - Welles, as ex- tended, or upon any earlier termination thereof, this Deed of Declaration may be cancelled and terminated at the election and consent of (a) all owners of the premises described in Exhibit B and (b) the holders of all first mortgages against all or any part of the premises described in Exhibit B. 3. Declarants, for themselves and their successors and assigns agree: (a) Not to rent, lease, or otherwise contract or permit (except for the Leased Building occupied by Tenant - Welles) the use of space in the Shopping Center, and the premises marked "outlot" on Exhibit A, for a dis- count department store, department store, or junior department store, as long as the Leased Building is occupied by Tenant - Welles, or is used for one of the foregoing uses. (b) To require any grocery or food store operation on the Shopping Center to agree to limit the sales area devoted to the sale of non -food items, as hereinafter defined, to not more than 20% of the first 22, 000 square feet of sales area and 10% of the square footage of sales area in excess of 22,000 square feet. Sales area shall be measured from center of aisle to center of aisle. For the purpose of this restrictive covenant, non -food items do not include such items as paper products, detergents, household cleaning pro- ducts, proprietary drugs, tobacco products and other similar items sold generally in grocery stores. Non -food items intended to be restricted by this paragraph include without limitation: Display or sale of apparel, including shoes and millinery, domestics, yarns and fabrics; housewares and hardware, electrical equipment and supplies; paint equipment and sup- plies; plumbing equipment and supplies; automotive equipment and supplies; gardening equipment and supplies; garden or lawn furniture; barbecues, jugs, picnic and barbecue equipment exclusive of paper and pastic supplies; toys; games; records; books; school supplies and stationery; greeting cards; luggage; sporting goods; appliances, furniture, sinks and cabinets and appliances which are operated by electricity, gas or other form of energy other than hand operation; services offered by service departments such as shoe repair, barber, laundry, dry cleaner, beauty shop, optical, etc.; jewelry and gift ware; furniture, photography equipment and supplies; and items of food intended to be consumed on the premises sold in snack bars or by food vending machines. 4. S -M, for itself and its successors and assigns, agrees to require any tenant, occupant or user of the Leased Building (including Tenant - Welles) not to use the Leased Building or any part thereof, for a beauty parlor, barber shop, dry cleaning service, bank or for the sale of pre- scription drugs. 5. S-M, for itself and its successors and assigns, agrees to require any tenant, occupant or user of the leased building (including Tenant - welles) not to use the Leased Building or any part thereof, for the sale of groceries or foods primarily for off - premises consumption. The defin- ition of "groceries" herein is intended to mean fruits, vegetables, meats, dairy products, frozen foods, and other such food items usually sold in grocery stores. Notwithstanding the foregoing limitation on use, S -M, its cSc�imitt �w 'f''''' �{ dj act gitt Com an • - • INCORPORATED • e�ri�n SHEET NO. 82. ABSTRACT NO. 40, 089 48soot • • k successors and assigns, may permit such tenant, user or occupant of the Leased Building to sell candy, nuts, popcorn, caramel corn, cookies, pret- zels, potato chips and similar items and to utilize - vending machines for the sale of such kinds of items; and to sell food primarily for consumption in or out of the Leased Building, and, without intending to limit the uses permitted herein, but merely by way of example: paper products, detergents, household cleaning products, proprietary drugs, tobacco products, and other similar items and such "non -food items" as the term is defined in paragraph 3 hereof. Notwithstanding the foregoing limitations, S -M may permit any Tenant of the Leased Building to have the right: (1) After April 14, 1974 to sell prescription drugs if prior thereto the other owners of the entire premises shall not have rented, leased or otherwise contracted for use of space in the entire premises for the sale by others of prescription drugs. (11) After April 14, 1974, such tenant may sell groceries and food stuffs usually sold in a grocery store if prior thereto the other owners of the entire premises shall not have rented, leased or otherwise con- tracted for use of space in the entire premises for the operation of a grocery store. (iii) Notwithstanding (i) and (ii) above, S -M shall not permit any tenant of the Leased Building to engage in the sale of prescription drugs or groceries and food stuffs (except as otherwise permitted herein) follow- ing the expiration of the applicable periods without giving the other owners of the entire premises 90 days prior written notice of such tenant's in- tention to sell such products. If such other owners during said 90 day period shall in good faith rent, lease or otherwise contract for the use of space in the entire premises for the sale of the products which such tenant of the Leased Building intends to sell as set forth in said notice, such tenant shall not sell such products and the limitations on use herein imposed shall remain in full force and effect. 6. S -M Covenants and agrees, on behalf of itself and its successors and assigns, as follows: (a) Not to enter into any agreement with Tenant - Welles which would reduce the term of (or cancel or terminate) the Lease with Tenant - Welles or which would permit Tenant - Welles to change its use of the Leased Buil- ding; provided that the above is not intended to affect or impair the pro- visions of the Restatement of Lease with Tenant - Welles as they now exist. (b) In the event that the Leased Building is damaged or destroyed by fire or other casualty, or taken in whole or in part by eminent domain or condemnation, S -M shall cause the Leased Building to be repaired or restored, if and as required under its Lease with Tenant- welles, as long as said Lease is in force and effect. Without intending to impair the rights of Tenant - Welles as provided in its Lease for the Leased Building, the foregoing shall not be deemed as a personal covenant upon any first mortgages of the Leased Building, if said mortgagee should become a mort- gagee in possession of the Leased Building. (c) In the event that Tenant - Welles, or any future tenant of the Leased Building, shall vacate the Leased Building, whether due to default of such tenant, or by reason of events beyond the control of either party, •;�g cs'cItmitt oggittzact & _JLL& Companj , O INCORPORATED • 07IIaI7i'4l SHEET NO. 83 • ABSTRACT NO. 40, 089 41.00t • • or for any reason whatsoever, S -M shall use its best efforts to lease the Leased Building for occupancy as a discount or junior department store, or department store, but in any event, shall lease the Leased Building solely for retail commercial store use. 7. Declarants hereby establish and create for the benefit of the Shopping Center and do hereby give, grant and convey to each and every person, firm or corporation hereafter owning any portion of the entire premises and the tenants of same, together with their customers, employees and invitees, a mutual, reciprocal and non - exclusive easement, license, right and privilege of passage and use, both pedestrian and vehicular, for the purpose of ingress, egress, and parking in, to, upon and over any portion of the entire premises designated as parking areas, entrances, exits, lanes, driveways or other common areas as well as the use of all utility lines, wires, pipes, conduits, sewers and drainage lines (hereafter called futility lines") , in, upon, under, or over the premises. S -M and Trustee further grant and give unto each other the right and privilege to enter upon the other' s premises for the purposes of constructing and con- necting to any improvements' (including utility lines) in the Shopping Center. The Trustee is granted the right to relocate any utility lines in the Shop- ping Center provided he do so at his cost. Any party exercising the rights and easements herein granted in respect to construction and connection shall repair any damage caused thereby to the others premises. It is understood that the rights herein created are for the benefit of all owners of any portion of the Shopping Center, all tenants of same, and their customers, employees and invitees, but the same is not intended, nor shall it be construed as creating any rights in or for the benefit of the general public. The Declarants, and any other future owners in fee of all or part of the entire premises reserve the right to close temporarily all or any portion of the common areas of the premises, as may be legally necessary and sufficient to prevent a dedication thereof or an accrual of any rights in any person other than as aforesaid, or in the public generally therein. 8. The driveways, entrances, exits, roadways, sidewalks, lanes, parking improvements, parking areas, and common areas are hereby reserved for use in common by all owners of the Shopping Center, their tenants and their customers, invitees and employees. The owners of the Shopping Center hereby give, grant, and convey, to the owners of the premises marked "outlot" on Exhibit A, and their tenants, and the customers and invitees of same, the right and easement (i) to use all of the common areas on the Shopping Center, including the parking areas, driveways, exits and entrances, in common with the owners of the Shopping Center, and their tenants, and the customers and invitees of same, (ii) of access, egress and ingress to and from the premises marked "outlot" over the Shopping Center, and (iii) to construct, extend, connect to, and use utility lines within the Shopping Center, provided that any damage caused thereby be repaired by the person causing the damage. No fences or other barriers shall be erected which would interfere with the free flow of pedestrian and vehicular traffic between the Shopping Center and the premises marked "outlot ". No part of the common areas shall ever be leased, or the right to use same granted to any other person, firm or corporation, except to the owner of the Shopping Center, and to tenants of such owners, during the term of • •f��,� <� cS c�imft t c 4Lt.tzact fJ att. 2omtianj • -, O • INCORPORATED • . ItAc. • nib f1=111r-1 SHEET NO. 84. ABSTRACT NO. 4 0, 089 4eeoal • any tenancy, and to the customers, employees and invitees of said tenants. There shall be no right to collect parking rentals or fees from any custom- ers, employees and invitees of any tenants of the Shopping Center for the use of the parking areas on the entire premises. 9. The parking areas situated on the premises, and owned by S -M are and will remain adequate to park not less than 560 cars of standard American size, in front of the Leased Building. In the event that Trustee does in fact construct the future possible Buildings shown on Exhibit A, he shall cause to be constructed on that portion of the Shopping Center reserved for parking areas, which he owns upon this date (the premises not outlined in red on Exhibit A), additional parking areas so that at all times thereafter there shall be a minimum of 6 standard size American car spaces on the entire premises for each 1,000 square feet of leasable ground floor area constructed within the entire premises. All parking shall be angle parking. The layout of the additional parking areas to be constructed by Trustee, as above provided, shall be subject to the reasonable approval of Tenant - We l le s (as long as Tenant -We lle s or its successors and assigns occupies the Leased Building), which approval shall not be unreasonably withheld or de- layed. Tenant - Welles approval of such parking layout shall be limited to such items as the width and size of the parking spaces and lanes, traffic flow, lighting and integration with other existing parking areas in the Shopping Center. It is understood that Tenant - Welles shall not have the right to approve the specific location of such additional parking as long as the same are within the areas reserved therefor. The foregoing obli- gation of Trustee shall also be binding upon his successors and assigns and upon that portion of the entire premises owned by him, but the same shall not be considered, in any manner, an obligation or covenant of S -M to Tenant - Welles, or anyone else. Notwithstanding any language to the contrary, the above obligation of Trustee may be enforceable by any Tenant - Welles, and no one else. Upon expiration or termination of the Lease with Tenant - Welles, the above obligation of Trustee may be enforceable only by the owner or owners of the Leased Building. If, as and when buildings are constructed on the parcel marked sloutlotss on Exhibit A, the owner thereof shall cause to be constructed thereon a minimum of 3 standard size American car spaces for each 1,000 square feet of leasable space for office use and /or a minimum of 4 standard size American car spaces for each 1,000 square feet of leasable space used for all other commercial uses, other than office use. 10. AS long as Tenant - Welles shall occupy the Leased Building, Welles, on behalf of S -M, shall have the right and thereafter S -M shall have the right, to make reasonable rules and regulations with respect to the use and operation of the parking and other common areas of the Shopping Center, provided that the same are of general and uniform application. Such rea- sonable rules and regulations shall be binding upon all owners of the entire premises. 11. With respect to all areas on the Shopping Center used in common or usable in common by the owners and tenants of the entire premises, as shown on Exhibit A, including but not limited to the parking areas, side- walks, driveways, exits, entrances and lanes, S -M shall cause the follow- ing to be performed ('-� s ( _ ± + � + +f t 4&/zmLtt c4g117a t & _J[E� Comfiaa� • ■fr • INCORPORATED • .4. � • • +.■ Meg, ]rT_r>!LD SHEET NO. 85. ABSTRACT NO. 40, 089 4.1100/- o1- os./ • (i) make all repairs, replacements, and alterations required to all exterior lighting systems, sidewalks, driveways, landscaping, parking areas, and in general, the common areas, including the pylon signs; (ii) pay the cost of all utility service, including lighting of all completed common areas; (iii) carry and maintain public liability insurance in amounts of at least $1,000.00 in case of injury or death to one person and $3,000.00 in case of injury or death to more than one person and $50,000 in case of damage to property; (iv) pay for the costs of cleaning the parking areas and snow removal from the parking areas, sidewalks and driveways. Notwithstanding the fact that S -M shall perform and pay for the above costs and expenses, the total cost incurred by reason thereof shall be shared by all the owners of any portion of the Shopping Center in the ratio of square footage of building area (including future possible buildings) on each such portion of the Shopping Center to the total square footage of building area (including future possible buildings) in the Shopping Center. Periodically, but no more often than monthly, S -M shall deliver to each owner a statement of the costs incurred to the date of the statement, with an allocation of the amount due from each owner in accordance with the above formula. Each owner shall reimburse S -M for his or its share within 15 days after the date of such statement, and if not paid within such time, the amount due shall thereafter bear interest at the rate of eight- percent per annum, computed quarterly. In the event that such sums are not paid within 60 days from the date of such statement, in addition to all other remedies at law and equity, S -M may file for record an Affidavit with the appropriate governmental authorities, setting forth that fact that such sums are unpaid, and such Affidavit, when recorded, shall constitute a lien and claim against the real premises owned by such defaulting owner (sub- ordinate however to any first mortgage of such real premises) , subject to foreclosure or any similar remedy of judicial sale accorded Mechanics' Liens. The above obligation of the owners of the Shopping Center is not intended to impair or affect any agreement, now or in the future, made or to be made between such owner and his or its tenant(s), whereunder such tenant(s) have or will agree to assume the above obligations of such owner. In the event that S -M shall fail to perform any of the obligations set forth above in this section, any other owner shall have the right to perform same, and the costs thereof shall be shared as above provided and such owner shall have all rights of reimbursement and collection as provided above for S -M. 12. It is understood and acknowledged that a condemnation or acqui- sition by eminent domain for any public or quasi - public purpose, of all or any part of the parking and other common areas shown on Exhibit A, will or may affect the entire Shopping Center, and will or may cause damage and injury to any owner of buildings on or portions of the Shopping Center, notwithstanding the fact that the land taken or appropriated does not belong to all the owners of the entire premises. Therefore, any owner not separately compensated for his loss or damage by reason of such condemna- tion shall have the right to share in any settlement or award made to all other owners of the Shopping Center. Such awards or settlements shall be divided equitably to compensate each owner for his or its loss or damage. �f , GScIim_LtL v%thtact 5 glitz eompan j • �b • INCORPORATED • �'�� • AY WO - A n uull SHEET NO. 86. ABSTRACT NO. 40, 089 41•00■ The right of such owners not separately compensated shall constitute a claim and charge against the awards made to all other owners of the Shop- ping Center and the real premises in the Shopping Center owned by such owners, subject however to the rights of any first mortgagee. If the parties cannot agree on such equitable division they shall submit same to arbitration, in accordance with the rules of the American Arbitration Association, and the decision of the arbitrators shall be final and bin- ding on the parties. 13. The restrictions and covenants contained herein shall be deemed to be covenants running with and binding upon the real premises herein intended to be bound, subject only to real estate taxes and assessments, zoning ordinances, easements and prior restrictions not affecting the use of the premises by Tenant - Welles, subject to termination only as above provided in paragraph 2 hereof. Said restrictions shall not be extin- guished, merged or otherwise impaired because of a transfer of title to said premises, or any part thereof, or if any mortgagee of all or any part of the Shopping Center, or anyone else, forecloses on the premises, or becomes a mortgagee in possession by reason of foreclosure, or takes a deed in lieu of foreclosure, or anyone becomes a purchaser at a judicial sale of all or any part of the premises. Notwithstanding any acquisition by any person or entity of concurrent legal and /or beneficial title to the entire real property subject hereto or benefited hereby, there shall be no merger of the easements, licenses, rights and privileges herein granted into the fee title of such properties, or any part thereof, so long as there shall be any mortgage interest now or hereafter encumbering any parcel into which such properties may be divided, which mortgage interest does not equally encumber, with the same priority, all the others of said parcels. 14. With respect to all areas on the Shopping Center used in common or usable in common by the owners and tenants of the entire premises, as shown on Exhibit ti, including but not limited to parking areas, sidewalks, driveways, exits, entrances and lanes, each owner of any portion of such common areas shall pay and discharge punctually as and when due and payable, before any penalty shall be assessed by reason of non - payment, all real estate taxes, assessments, and sewer and water charges of every kind and nature whatsoever, special as well as general, and each and every install- ment thereof which may be charged, levied, laid, assessed or imposed upon, or become due and payable with respect to, or become liens upon such common areas owned by such owners or any tax levied, assessed, or imposed in lieu of the foregoing, together with all interest and penalties thereon, under and by virtue of any present or future laws, rules, regulations, ordinances, orders or requirements of the federal, state, county and city governments, and of all other governmental authorities whatsoever. * * * * * 19. This Restatement of Deed of Declaration is subject to the rights, easements, obligations and benefits of a certain Reciprocal Eesement and Restriction Agreement dated July 16, 1971, by and between 44 Drive -In Theatre, Inc. and Declarants, which Agreement was recorded in Volume 1313, Page 117 of the Office of the Register of Winnebago County, Wisconsin (Refer to No. 98). If any of the terms and provisions herein set forth are g _ • � ' ;., ° r.2 CSC IimLLt qL tt¢act f a dLE Corn/airy . INCORPORATED •• - • V'aLiL11 LIIJ SHEET NO. 87 . ABSTRACT NO. 40, 089 4•80131- 1 1 ' REIOVF FXIST'6 PAVING F06E OF EXIST. PAVING �� N 89'04'00 W 177.78' •: P'T—h learn 1 1. & O NFW MFOIAN ISLAND � a 1 1I i CINEMA SIBM 1REMONE4 ! 20'-0' R. CURB 31' -4' LF REMOVE L.P. 1 8 W04 F 160 I 9 . y f slab( I i I EH y' P Be HL Moraine Honeylocust 3 -3 1/2" Be MHL 'S FUST'6 TREE LINF 14 -16 BB AA N 89 W 257.30e• 2 1/2 -3' " S � AM Xt- 4' ' RS Red Splendor Crab 1 3/4 -2" i r EXIST'S POMER POLE WH W89 +04'00'W 253.291 f BB AP Austrian Pine 6' BB SP Scotch Pine 5' ° ;IS�a" rJ Fairview Juniper 5 -5 1/2" FXIST'6 OVFRHFAO LINTS Y Densiformis Japanese Yew 18 -24' BB •O Broadmoor Juniper LOMPNCTOR SLRFFN ' 6'-0 HI6H TREATED 6x6' WOOD POST5, POT CH Cornelion Cherry Dogwood • BB W/ (3) 2x4' 40RI1. HAILERS < 15 -18" BB z Green bound Alpine Currant - W./ 1x8' VERPILAL LFUA9 BOARDS 1 1!4' ac. BB CV American Highbush Cranberry Vib. 3 -4' BB S Anthony waterer Spirea 2 YR POT 11V Nannyberry Viburnum 4 -5' BS AV Arrowwood Viburnum 3-4' Be EE ,� yt e a 4' Be DL Dwarf Korean Lilac r BB 4 tz f 1 d cn 47 V✓' M t j. A ` cri t a* w { O NFW MFOIAN ISLAND � a 1 1I i CINEMA SIBM 1REMONE4 ! 20'-0' R. CURB 31' -4' LF REMOVE L.P. 1 8 W04 F 160 I 9 . y f slab( I i I EH y' I PLANT. L""I r G PLAN? ate slab( A%M;L EH I 3 -3 1/2" Be HL Moraine Honeylocust 3 -3 1/2" Be MHL 'S FUST'6 TREE LINF 14 -16 BB AA N 89 W 257.30e• 2 1/2 -3' j AM Xt- 4' ' RS Red Splendor Crab 1 3/4 -2" i r EXIST'S POMER POLE WH W89 +04'00'W 253.291 6' BB AP Austrian Pine 6' BB SP Scotch Pine 5' ° ;IS�a" rJ Fairview Juniper 5 -5 1/2" FXIST'6 OVFRHFAO LINTS Y Densiformis Japanese Yew 18 -24' BB •O Broadmoor Juniper LOMPNCTOR SLRFFN ' 6'-0 HI6H TREATED 6x6' WOOD POST5, POT CH Cornelion Cherry Dogwood 5' BB W/ (3) 2x4' 40RI1. HAILERS < 15 -18" BB z Green bound Alpine Currant - W./ 1x8' VERPILAL LFUA9 BOARDS 1 1!4' ac. BB CV American Highbush Cranberry Vib. 3 -4' BB S Anthony waterer Spirea 2 YR POT 11V Nannyberry Viburnum 4 -5' BS AV Arrowwood Viburnum 3-4' Be EE ,� yt e a 4' Be DL Dwarf Korean Lilac r BB tz Ur . �JJ E WE LW 36, o. d. 30 o.a. 3s 0.C. i LANDSCAPE " SITE PLAN OSHKOSH THEATRE ADDITION f CON,S`tRUCTM NOTES PLAM" "VAS AROUND aYILDISO TO 62 u !T 4" MON r2slsa SNADS &ft PNa6 Of CONSTRUCTION KDRIS PRIOR TO LANDSCAn CONT1<ACTON C00MCIM YORK TLik1tT P am am " Mri .iM wsT�t s- 1RNlILtf, Nlasls *PSOIL As ams"" TM1 41Na Yf SO PINISM $ZADI -ALL *LASH ANa TO U INSTALLaD WITS COMFORT AND PSAT MOSS SLSNDaD INTO TOPSOIL IN Alt 4' UAND AROUND NO" •SAM.& -so SWITITY - 4 I of SAM IA". NOR Of CONSTRUCTION NNW" Im" " ACCI"xv PNS- AtPSoisD at TUB LANDSCAM ANcEItsev As A va rm comm exon -ALL !&ANTI AMR' TO st SUANAMBD POMR A PLNIOD Of Oela TUN AP T0 PLASTINa -NULCN AIPU PLANTING Um wit* i' Of 3 /4' UAMI cMat 610112 MDLCM evn A !!PAN OR $ MILAN MNSD URNAtU1R -STAN Of P"PT MATUt&L Is MIT N29UIR=1 911R MODSCAPII etINTS mom M11L !s mpossms TIN AST PLMMas TIPPISS ; ON -ALL &ANN on%A_s am" Ss r" 01 1M !' 4s TOPSOIL OM AND stan IMAMS =a OR + as 1SDI so fit! -SOD TO of a eI NUSSPNi ? $ ROM1N sum -Sago Mats: vo US$ 10% sum SSNTSRST NLQSe ws lot s+sN14 sSMTOM UL "s slsl woopmv x" IsegT MLSs"ASS Is1 Nk*Ai 1t sOt Plat& It PRN UR"s -ALL MAINTL Of TMa LAMY AID PLAsnas MILT. Sa D m BY !7 SCAPf S "Asova"T mo� I goPORTION Of I_ COIMTNACT. MAIUTZNANCC MILL St ST TU OM( A"X& ACCS "lAM( Of Tat IIANDSCAPa CONRT116CTIO2 ON TMAT PORTION SSASONALLT C ONTRACTOR I O P UAINTANAM INSTRUCTIONS TO M THE OW M' YNOMILLPOLLOY US ISsTIYCIIoss. e. f H it - 20 ON PLAN? ate slab( A%M;L EH Emerald Queen Norway Maple 3 -3 1/2" Be HL Moraine Honeylocust 3 -3 1/2" Be MHL Moraine Honeylocust 14 -16 BB AA Autumn Purple Ash 2 1/2 -3' BB AM Amur Maple 4' Be RS Red Splendor Crab 1 3/4 -2" Be WH Washington Hawthorn 6' BB AP Austrian Pine 6' BB SP Scotch Pine 5' BB rJ Fairview Juniper 5 -5 1/2" 1!B Y Densiformis Japanese Yew 18 -24' BB BJ Broadmoor Juniper 5 GAL POT CH Cornelion Cherry Dogwood 5' BB V Dwarf Highbush Cranberry Viburnum 15 -18" BB AC Green bound Alpine Currant - 15 -18' BB CV American Highbush Cranberry Vib. 3 -4' BB S Anthony waterer Spirea 2 YR POT 11V Nannyberry Viburnum 4 -5' BS AV Arrowwood Viburnum 3-4' Be EE European Euonymus 4' Be DL Dwarf Korean Lilac 24" BB Ur . �JJ E WE LW 36, o. d. 30 o.a. 3s 0.C. i LANDSCAPE " SITE PLAN OSHKOSH THEATRE ADDITION f CON,S`tRUCTM NOTES PLAM" "VAS AROUND aYILDISO TO 62 u !T 4" MON r2slsa SNADS &ft PNa6 Of CONSTRUCTION KDRIS PRIOR TO LANDSCAn CONT1<ACTON C00MCIM YORK TLik1tT P am am " Mri .iM wsT�t s- 1RNlILtf, Nlasls *PSOIL As ams"" TM1 41Na Yf SO PINISM $ZADI -ALL *LASH ANa TO U INSTALLaD WITS COMFORT AND PSAT MOSS SLSNDaD INTO TOPSOIL IN Alt 4' UAND AROUND NO" •SAM.& -so SWITITY - 4 I of SAM IA". NOR Of CONSTRUCTION NNW" Im" " ACCI"xv PNS- AtPSoisD at TUB LANDSCAM ANcEItsev As A va rm comm exon -ALL !&ANTI AMR' TO st SUANAMBD POMR A PLNIOD Of Oela TUN AP T0 PLASTINa -NULCN AIPU PLANTING Um wit* i' Of 3 /4' UAMI cMat 610112 MDLCM evn A !!PAN OR $ MILAN MNSD URNAtU1R -STAN Of P"PT MATUt&L Is MIT N29UIR=1 911R MODSCAPII etINTS mom M11L !s mpossms TIN AST PLMMas TIPPISS ; ON -ALL &ANN on%A_s am" Ss r" 01 1M !' 4s TOPSOIL OM AND stan IMAMS =a OR + as 1SDI so fit! -SOD TO of a eI NUSSPNi ? $ ROM1N sum -Sago Mats: vo US$ 10% sum SSNTSRST NLQSe ws lot s+sN14 sSMTOM UL "s slsl woopmv x" IsegT MLSs"ASS Is1 Nk*Ai 1t sOt Plat& It PRN UR"s -ALL MAINTL Of TMa LAMY AID PLAsnas MILT. Sa D m BY !7 SCAPf S "Asova"T mo� I goPORTION Of I_ COIMTNACT. MAIUTZNANCC MILL St ST TU OM( A"X& ACCS "lAM( Of Tat IIANDSCAPa CONRT116CTIO2 ON TMAT PORTION SSASONALLT C ONTRACTOR I O P UAINTANAM INSTRUCTIONS TO M THE OW M' YNOMILLPOLLOY US ISsTIYCIIoss. e. f H it - 20 ON .. _... - - � _.. ..... ,.,. -. _- - ., ......... __ .._ __ :. . ... ,..••. , :. ..,... .,... Wiz- , ar*^ ��'. - .._,. . �""�`..: ,= A: .' 4 S. 89° - 13'E. 348.89' i 1 2 9 0. 0' , 1 S.8 9 °13'E., 1.80 I T Z E L CENTERLINE 161.0' T 0 0 AM � Of DRIVE WAY M °�5 S. 89 -13E. S. 89 - 13' E. k 410 I WI J I 1 0 U N lom I }. J I W H Z I W i I i v/ 1 I I I 1 � 1 x I 3 t° d O J: S. 89 04' E. 115' III I I LEGAL DES CRIPT ION OF 0 UT - LOT 11 B I 18.2 o f P A R C E L IIA11 Q 2 5' 2 5' �> PROPERTY DE S I C RIPT10N v N. W. 1/4 OF THE S.W 1/4, OF SEC. 22- 18- 16, CITY OF OSHKOSH, i THE WINNEBAG0 CCUINTY, WIS., BOUNDED AND DESCRIBED AS' FOLLOWS' COMMENCING AT THE NORTH WEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 22; THENCE SOUTH 89 0 13' O N EAST, ALONG THEINORTH LINE OF THE SOUTHWEST 1/4 OF SEC 22, 348.89 FEET TO THE POINT OF BEGINNING; THENCE � a ,. 1/40F SECTION 2 1.80 FEET; THENCE SOUTH 0 °48' WEST, ALONG THE EAST LINE OF THE WEST I/3 OF THE WEST 1051.1 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 22, 275.0 FEET; THENCE SdUTH 89 EAST, 175.0 FEET TO THE CENTERLINE OF A 50.O FOOT EASEMENT 4/• Q THAT IS TO BE USED AS A ROADWAY, THENCE NORTH 0 °48' EAST ALONG THE CENTERLINE OF SAID W W N 61' 89 °13'EAST ALONG n ° SOUTH 89 °04' EAT, I V K � I/4 OF THE SOUTHW -EST 1/4 OF SECTION 22; THENCE SOUTH 0 °44' WEST ALONG SAID EAST LINE, O �-- - i 0 5.0' T0 POINT IN A LINE THAT IS PARALLEL WITH AND 235.99 FEET NORTH OF THE SOUTH N CENTERLINE LINE OF THE NOR :,TH WEST I/4 OF THE SOUTHWEST I/4 OF SECTION 22; THENCE NORTH 89 °04 OL ROAD 0 0 OF G UY - WIRE _ EASEMENT m WEST ALONG SAID o d �20 o 1 1 o 5.0' H . w 0 50'EASEMENT ao E, 233.37 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 17.42 J t ACRES MORE OR S C A L E I" = 50 ! W S. 89 0 - 13'E. 1 75.0' S CO N S I N 1 SS w COUNTY OF WINNEBAGO a I ch z p - O _; V Y) .9i� 0 0 I, HEREBY CERTIFY THAT 1 HAVE SURVEYED THE ABOVE DESCRIBED LANDS ACCORDING TO z Z 2 OFFICIAL RECORDS AND THAT 433.0_ i 0 0 V S. 8 9 31' E °v to 60.01' 3 t° d O J: S. 89 04' E. 115' III I I LEGAL DES CRIPT ION OF 0 UT - LOT 11 B I oI n 227.0' PRO DESCRIPTION A PARCEL OF LAND IN THE N.W. 1/4 OF THE S.W. 1/4 OF SECTION 22 _ 18- TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN, DESCRIBED AS FOL COMMENCING AT THE WEST 1/4 CORNER OF SECTION 22- 18 -16, THENCE SOUT THE WEST LINE OF SECTION 22, 996.38 FEET, THENCE SOUTH 89 00" 212.60 FEET TO THE PLACE OF BEGINNING, SAID POINT BEING ON THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 1 THENCE NORTH 0 05' 22" EA THE AFORESAID EASTERLY RIGHT - OF -SWAY L-iNE - _`O - F U.S. HIG HWAY- NO. 41, -1 OF 215.02 FEET, THENCE SOUTH 89° 04' 00" EAST, 2 55. 52 FEET, T1 SOUTH 0 °41' 00" WEST 215.0 FEET, THENCE NORTH 89° 04' 00" WE 2 5 3 . 2 9 FEET, TO T H E PL A C E OF B E G I N N I N G AN D C O N T A I N I N G I. 2° A C R E S OF L A N D. m 0 (D S T A T E O F W I S C 0 N S I N ) S S COUNTY OF WINNEBAG0) w in 0 0 0 Y O n O ti a} a- OUT LOT "BII N [� a ff ~ 3 o N z 0 a - 3.29' N. 89°- 04• 1 W. I, HEREBY CERTIFY THAT I HAVE SURVEYED THE ABOVE DESCRIBED LAN ACCORDING TO OFFICIAL RECORDS AND THAT THE MAP IS A CORRECT N R E P R E S E N T A T I O N OF SA I D SURVEY. a d n 1 1 o y I � T, E STE A R NS DATE R E G I S T E R E D W I S C O N S I N L A N D S U R V E Y O R NO. S- 359 ` SURVEY MAP 1 + y , N ' ; FOR, WILLIAM DORSKY ASS01 i 23200 CHAGRIN BL' C LEV E LAND,OHIO SURVEY AND PLATT II 1 2 0 2 8 1 S M A R K A V 0 S H K O S H , W I S C O@ 5 C A L E 1 "= 50' M A I F SSS f c ., a�_j, o f P A R C E L IIA11 Q PROPERTY DE S I C RIPT10N THAT PART OF N. W. 1/4 OF THE S.W 1/4, OF SEC. 22- 18- 16, CITY OF OSHKOSH, i THE WINNEBAG0 CCUINTY, WIS., BOUNDED AND DESCRIBED AS' FOLLOWS' COMMENCING AT THE NORTH WEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 22; THENCE SOUTH 89 0 13' EAST, ALONG THEINORTH LINE OF THE SOUTHWEST 1/4 OF SEC 22, 348.89 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 0 13' EAST ALONG THE NORTH LINE OF THE SOUTHWEST 1/40F SECTION 2 1.80 FEET; THENCE SOUTH 0 °48' WEST, ALONG THE EAST LINE OF THE WEST I/3 OF THE WEST 1051.1 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 22, 275.0 FEET; THENCE SdUTH 89 EAST, 175.0 FEET TO THE CENTERLINE OF A 50.O FOOT EASEMENT THAT IS TO BE USED AS A ROADWAY, THENCE NORTH 0 °48' EAST ALONG THE CENTERLINE OF SAID ROADWAY 275.0 FEET TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF SECTION 22, THENCE SOUTH 61' 89 °13'EAST ALONG SAID NORTH LINE, 410.98 FEET, THENCE SOUTH 0'46'WEST 189.5' FEET, THENCE SOUTH 89 °04' EAT, 115.0 FEET TO THE EAST LINE OF THE WEST 1051.1 FEET OF THE NORTHWEST I/4 OF THE SOUTHW -EST 1/4 OF SECTION 22; THENCE SOUTH 0 °44' WEST ALONG SAID EAST LINE, �-- - i 0 5.0' T0 POINT IN A LINE THAT IS PARALLEL WITH AND 235.99 FEET NORTH OF THE SOUTH N CENTERLINE LINE OF THE NOR :,TH WEST I/4 OF THE SOUTHWEST I/4 OF SECTION 22; THENCE NORTH 89 °04 OL ROAD 0 0 OF G UY - WIRE _ EASEMENT WEST ALONG SAID LINE 866.41 FEET_ TO A POINT IN THE EAST RIGHT OF WAY LINE OF U.S. HWY.41,- �20 THE #C� NORTH -B °41' EAST ALONG SAID RIGHT OF WAY LINE, 600.2 FEET,THENCE SOUTH 89 0 31' ° 49' � 35' 1 5.0' EAST, ALONG THE.. RIGHT OF WAY OF U.S. HWY. 41, 60.01 FEET ,'THENCE NORTH 0 EAST ALONG THE RIGHT OF WAY LINE OF U.S. HWY.41, 185.95 FEET, THENCE NORTH 27° I6' EAST ALONG SAID RIGHT OF WAY Ll� E, 233.37 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 17.42 J ACRES MORE OR LESS. ! W S T A T E O F W I S CO N S I N 1 SS - COUNTY OF WINNEBAGO a � S. 89° 04'00" E. 75.0' z p - O _; 2 55.52' Y) .9i� W', I, HEREBY CERTIFY THAT 1 HAVE SURVEYED THE ABOVE DESCRIBED LANDS ACCORDING TO z Z OFFICIAL RECORDS AND THAT THE MAP IS CORRECT REPRESENTATION OF SAID SURVEY. i 0 0 V °v to °' 3 !X MI r T. E. STEARNS D'A T E D a N 1 R E G I S T E R E D W I S C O N S I N LAN D SURVEYOR NO. S-359 Z W oI n 227.0' PRO DESCRIPTION A PARCEL OF LAND IN THE N.W. 1/4 OF THE S.W. 1/4 OF SECTION 22 _ 18- TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN, DESCRIBED AS FOL COMMENCING AT THE WEST 1/4 CORNER OF SECTION 22- 18 -16, THENCE SOUT THE WEST LINE OF SECTION 22, 996.38 FEET, THENCE SOUTH 89 00" 212.60 FEET TO THE PLACE OF BEGINNING, SAID POINT BEING ON THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 1 THENCE NORTH 0 05' 22" EA THE AFORESAID EASTERLY RIGHT - OF -SWAY L-iNE - _`O - F U.S. HIG HWAY- NO. 41, -1 OF 215.02 FEET, THENCE SOUTH 89° 04' 00" EAST, 2 55. 52 FEET, T1 SOUTH 0 °41' 00" WEST 215.0 FEET, THENCE NORTH 89° 04' 00" WE 2 5 3 . 2 9 FEET, TO T H E PL A C E OF B E G I N N I N G AN D C O N T A I N I N G I. 2° A C R E S OF L A N D. m 0 (D S T A T E O F W I S C 0 N S I N ) S S COUNTY OF WINNEBAG0) w in 0 0 0 Y O n O ti a} a- OUT LOT "BII N [� a ff ~ 3 o N z 0 a - 3.29' N. 89°- 04• 1 W. I, HEREBY CERTIFY THAT I HAVE SURVEYED THE ABOVE DESCRIBED LAN ACCORDING TO OFFICIAL RECORDS AND THAT THE MAP IS A CORRECT N R E P R E S E N T A T I O N OF SA I D SURVEY. a d n 1 1 o y I � T, E STE A R NS DATE R E G I S T E R E D W I S C O N S I N L A N D S U R V E Y O R NO. S- 359 ` SURVEY MAP 1 + y , N ' ; FOR, WILLIAM DORSKY ASS01 i 23200 CHAGRIN BL' C LEV E LAND,OHIO SURVEY AND PLATT II 1 2 0 2 8 1 S M A R K A V 0 S H K O S H , W I S C O@ 5 C A L E 1 "= 50' M A I F SSS f c ., a�_j,