HomeMy WebLinkAboutLawrence & Vicki Krause 13-1278-0000 Document Number 5rB 2lQt;�> 1
Easement REGISTER "S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
Document Title
09/07/2011 08: 4 BA 11
JULIE PAGEL
THIS INDENTURE, made this "4 of A 14 us , 2011, REGISTER OF DEEDS
by LAWRENCE E. SOBOLIK and VICKI KRAUSE, collectively, Grantor, and RECORDING FEE 30, 00
CITY OF OSHKOSH, a municipal corporation, located in Winnebago TRANSFER FEE
County, Wisconsin, Grantee,
WITNESSETH: ti OF PAGES 6
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good Recording Area G� 7Gi f a
and valuable consideration paid by the Grantee, the receipt of which is hereby Name and Return Address �,/
acknowledged, the Grantor, its successors and assigns, does hereby give and grant
unto the Grantee, its successors and assigns, and Grantee accepts, an easement over, City Attorney's Office
under, and through the land hereinafter described. Oshkosh, WI 54903 - 1130
1. PURPOSE: The purpose and use by Grantee of the Easement 91312780000
Property described in this document shall be for use by Grantee as
part of its storm water management system. Specifically, Grantee Parcel Identification Number (PIN)
will be installing a storm water catch basin on and under the Easement Property.
2. PROPERTY: The property subject to this easement granted herein shall be over, under, and through certain
tracts of land situated in the City of Oshkosh, Winnebago County, Wisconsin, (`Easement Property") and
described as follows:
Part of the Northeast 1/4 of the Northwest 1/4 of Section 28, Town 18 North, Range 16
East, City of Oshkosh, Winnebago County, Wisconsin more fully described as follows:
The northerly fifteen (15) feet of the east ten (10) feet of Lot 79 of Westhaven
Subdivision
Street Address: 1035 Maricopa Drive, Oshkosh, Wisconsin
3. MAP: A map reflecting the location of the Easement Property is attached as Exhibit A and fully incorporated in this
document.
4. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property for Grantee's
storm water management system.
5. USE FOR STORM WATER MANAGEMENT SYSTEM: Grantee shall have the right to fully use the Easement
Property as part of its storm water management system. The Grantee intends to place a storm water catch basin and
ancillary facilities within the Easement Property. The Grantee shall have the right to access, survey, lay, construct,
use, operate, maintain, repair, replace, relocate, and/or remove storm water sewers and/or storm water drainage
facilities.
6. MAINTENANCE:
a. Grantee shall be responsible for maintaining its Storm water drainage facilities incorporated into the Easement
Property, including the maintenance, repair, and replacement of all storm water facilities located over, under,
and through the Easement Property. The Grantee shall, after the initial construction of the storm water
management facilities grade and seed the balance of the Easement Property that has been damaged by Grantee.
After the initial construction of the storm water drainage facilities, Grantee shall be responsible for repairing the
surface of the Easement Property which is damaged by Grantee's use of the Easement Property, or after
Grantee's repair and/or maintenance of its facilities. Grantee shall be responsible for removing blockages withir
the storm water pipe after being notified of such circumstance.
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b. Grantor shall be responsible for all ongoing maintenance and repairs of the easement property which are not
caused by Grantee's storm water drainage facilities including, but not limited to, snow and ice removal, lawn
mowing and vegetation maintenance. Grantor shall be responsible for keeping the surface of the Easemnt
Property clear of debris. Grantor shall be responsible for keeping the storm sewer inlet grate free from debris
and snow. Grantor shall notify Grantee and receive Grantee's approval prior to removing any top or subsoil on
the Easement Property.
7. INTERFERENCE WITH EASEMENT: Grantor shall be prohibited from constructing or installing new structures or
improvements in the Easement Property which include, but are not limited to, temporary or permanent building
structures, driveway expansions, parking areas, trees, substantial landscaping, or fences. Grantee may add to, or
change, Vegetation in the Easement Property with written permission from the City Board of Public Works, and such
permission shall not be unreasonably withheld. Grantor shall be responsible for the costs of removing and replacing
any improvement that interferes with the Grantee's maintenance, repair, replacement, or use of the Easement
Property. Grantor shall be responsible for the costs of removing unauthorized interferences with the Easement
Property.
8. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the construction
and maintenance rights identified herein to any contractor, third party, or other person. Assignees must demonstrate
to the Grantee that they have sufficient competence and must give adequate assurances that any work to be performed
in or around the easement shall be conducted in a skillful manner. Assignees must also protect the Grantor's interest
in the easement premises to the same extent as if the Grantee was itself performing the construction or maintenance.
9. DEFAULT: If either Grantor or Grantee reasonably believes that the terms of this Easement have been breached,
then written notification of the alleged breach shall be delivered to the other party. Any party in breach shall have
sixty (60) days to cure any actual breach. However, Grantee may immediately remove any object or material which it
believes materially interferes with the design of a storm water management facility within the Easement Property.
10. TERM: This easement is being granted in perpetuity for public purposes and uses, both current and future, without
regard to the Grantee's use of the easement at any particular time. All rights, title and privileges herein granted,
including benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the
Grantor and Grantee, their respective heirs, executors, administrators, successors, assigns, and legal representatives.
11. EXISTING EASEMENTS: One or more recorded easements may exist which relate to or affect the Easement
Property. This easement is subject to all existing easements and restrictions of record up to and including the date
any such easements are released through a document recorded with the Winnebago County Register of Deeds.
12. WAIVER: No delay or omission by any party to this agreement in exercising any right or power arising out of any
default under any of the terms or conditions of this Agreement shall be construed as a waiver of the right or power. A
waiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any breach of
any other terms or conditions of this Agreement.
13. INVALIDITY: If any term or condition of this Agreement, or the application of this Agreement to any person or
circumstance, shall be invalid or unenforceable, the remainder of this Agreement, or the application of the term or
condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be
affected thereby, and each term and condition shall be valid and enforceable to the fullest extent permitted by law.
14. NO THIRD PARTY BENEFICIARY: The terms of this Agreement are for the benefit of the two parties identified,
and it is not the intention of either the Grantor or Grantee that other parties shall acquire any rights to enforce or
benefit from through this Agreement.
15. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the municipality's right or
opportunity to rely upon the municipal limitations and immunities contained within Wisconsin law. Municipal
immunities and limitations include, but are not limited to, Sections 345.05, 893.80, and 893.83, Wisconsin Statutes.
Such damage limits, caps and immunities are intended to be preserved and are incorporated into this agreement and
shall govern all disputes, contractual or otherwise, as they apply to the municipality and its agents, officers, and
employees.
16. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the State of
July 29, 2011 2
•
Wisconsin. Venue for any action regarding this Agreement shall be the Winnebago County, Wisconsin, Circuit Court
or, if a federal court action, then the appropriate district and/or branch within which Winnebago County is located.
17. NOTICES: Any notices required by this Easement shall be in writing and delivered via certified mail, return receipt
requested, as follows. Changes to these addresses shall be in writing. In addition to formal notification, both parties
agree to take reasonable measures to keep the other party informed of issues or questions regarding the Easement
Property.
FOR THE GRANTOR:
Lawrence E. Sobolik
Vicki Krause
1035 Maricopa Drive
Oshkosh, WI 54902
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh, WI 54903 -1130
18. AUTHORITY: The Grantee affirms that all necessary boards and elected officials have approved the acceptance of
this Easement, and that the undersigned have the authority to sign this agreement on behalf of the Grantee. Grantor
affirms that it has the authority without limitation to enter into this easement agreement. The undersigned assert and
affirm that they have they have the authority without limitation to enter into this easement agreement on behalf of the
Grantor. Grantee's written consent will be required before any additional easement or use of this easement property
by third parties is granted.
SIGNATURE PAGES FOLLOW
July 29, 2011 3
1020 1030
104
MARICOPA DR 7o do
PROPOSED STORM
SEWER! DRAINAGE
CT EASEMENT
o 1 1025 1 035 •
• 154
f/l 1B�
Ll
PLATTED LOT 79
° OF WESTHAVEN
SUBDIVISION 0
(NE Y4 & NW Y4 SECTION, 28, T.18.N, R.16.E) i s
0
CO
N
•
tD
L N G
004 It, CO ..
Ut
CITY OF OSHKOSH
ENGINEERING DIVISION
FILE NAME: DRAWN: STORM SEWER / DRAINAGE EASEMENT
1035 MARICOPA Storm Easement 6 -28 -2011 1035 MARICOPA DRIVE
GRAPHIC 0 20 40
SCALE: (IN FEET)
1 INCH - 40FEET
IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written.
LAWS' ''C
A imit &Ai 111A16%
VICKI KRAUSE
e z ,„t_c.4-4_, 2 __J
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this ( day of {? 4 s G,. jam, 2011, the above named Lawrence E. Sobolik, to ine known to
be such person who executed the foregoing instrument an a�knowledg�d th e, for the purpose herein contained.
Notary Public, Winnebago County, Wisconsin
My Commission expired: 2 13 -- (1. /3
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this 2 day of 4,4`,l USr , 2011, the above named Vicki Krause, to me known to ne
such person who executed the foregoing instrumen,w . . •w /eflgedAhe sam, for th purpose herein contained.
Notary Public, Winnebag Co nty, / W isconsin
My Commission expired: 09 ! fi�rl 2412/-
CITY OF OSHKOSH
By: /1t -- / 4( )?
ark A. Rohloff, City Manager , Q
By: +s . N + `�'► _
•- _ ,!�
ity Or,
tom. Joe'
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
came before me this. � fln� ct
Personally s
y 3C day of /4 �, � by S � , 2011, the above named Mark A. Rohloff and �.
3 re `ig of the City of Oshkosh, to me known to be such per ons who execu the foregoing instrument and acknowledged the
same, for the purpose herein contained.
ot Public, innebago County, Wisconsin
My Commission expired:
APP OVED TO ORM:
A Lorenson, Attorney
July 29, 2011 4
CONSENT OF MORTGAGEE
The undersigned, being the holder of a mortgage against the property identified and described as "Easement Property" in this
easement agreement, consent to the grant of the easement set forth above and agree that its interest in the Easement Property shall
be subject to this easement.
ti V)AS
(print name of mortgagee)
�, rn a
By: ► t t e. � )`1
`i n 5
(sign�re) i
_ tle)
(print name) (print/title)
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personal came before me this 9 day of Rti q r , 2011, the above named Dab G 1 � Q e
(signator) of i }? 2 -)) S f r `" C eca.. - U n se■ s. (mortgagee), to me known to be such persons who executed
the foregoing instrument and acknowledged the same, for the .urpose herein contained.
Notary Public, Winnebago County, Wisconsin
My Commission expired: 3 -13 - 13
This instrument drafted by:
Attorney D' id 3. Praska
Oshkosh, WI 54903 -1130
July 29, 2011 5