Loading...
HomeMy WebLinkAboutJon & Theresa Gruenstern 15-2619-0000 1 =ci E� E - 7 1 REGISTER'S OFFICE Easement WINNEBAGO COUNTY, WI RECORDED ON Document Number Document Title /16/ 2011 09;28Af JULIE PAGEL REGISTER OF DEEDS THIS INDENTURE, made this 1 1 ,; . ,eticiay of November , 2010, RECORDING FEE 30. 00 by JON P. GRUENSTERN and THERESA L. GRUENSTERN, collectively the TRANSFER FEE Grantor, and CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, PAGES 5 WITNESSETH: Recording Area IN CONSIDERATION of the sum of One Dollar ($1.00) and other good Name and Return Address and valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor, its successors and assigns, does hereby give and grant City Attorney's Office unto the Grantee, its successors and assigns, and Grantee accepts, an easement over, Oshkosh, WI 54903 - 1130 under, and through the land hereinafter described. 1. PURPOSE: The purpose and use by Grantee of the Easement Property described in this document shall be for use by Grantee as Parcel Identification Number (PIN) part of its sanitary sewer system. The Grantee's use of the property includes, but is not limited to, the installation and operation of a sanitary sewer pumping station, and related piping, above and underground facilities, and signage. The pumping station includes both the actual pump equipment as well as a structure within which the equipment is located. 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 Government Lot 4, Section 7, Town 18 North, Range 17 East, in the City of Oshkosh, Winnebago County, Wisconsin, more fully described as follows: Commencing at the Southernmost corner of Lot 288, in the Eleventh Addition to North Point Plat also being the Point of Beginning: thence North 60°19'14" West, 82.99 feet along the Southerly line of said Lot 288; thence North 73 °45'06" East, 64.40 feet to the Westerly right -of -way line of Hickory Court; thence South 9 °52'05" East, 60.0 feet along said Westerly right -of -way line to the point of beginning. Containing 0.04 Acres, more or less. 3. ACCESS RIGHTS: Grantee shall have the complete and unrestricted right to access and use the Easement Property for Grantee's sanitary sewer system. 4. USE FOR SANITARY SEWER SYSTEM: Grantee shall have the right to fully use the Easement Property as part of its sanitary sewer system. The Grantee shall have the right to access, survey, lay, construct, use, operate, maintain, repair, replace, relocate, and/or remove a sanitary sewer pump station, and related structures, pipes, above and underground equipment, and signage. 5. MAINTENANCE: Grantee shall be responsible for all structures, equipment, facilities, and signage related to the City of Oshkosh sanitary sewer system and that is located on and within the Easement Property. The Grantee's responsibilities include construction, maintenance, repair, and replacement and/or removal. The Grantee's responsibilities also include grading and seeding the Easement Property after initial construction, as well as after future maintenance and repair. The Grantee shall install and maintain natural screening around some or all of the pump station or related structures or facilities on the easement property. Natural screenings may include bushes, shrubs, hedges, or similar natural vegetation. Grantee shall be responsible for maintaining, repairing, and/or replacing the grass inside the natural screening. Grantor shall be responsible for maintaining, repairing, and/or replacing the irrigation equipment and pipes, and grass, outside the natural screening on the Easement Property, as well as other vegetation and landscaping Grantee approves within the Easement Property. 1 n l 6. INTERFERENCE WITH EASEMENT: Except for the vegetation and landscaping in existence on the Easement Property as of the date of this documents, the Grantor, its agents or assigns, shall not interfere in any way with the Grantee's use of the easement, and in particular shall not alter the slope or elevation of the easement, alter the vegetation associated with the Easement Property, or install or construct any structures or improvements within the easement. Grantor shall be able to repair or replace the vegetation and/or landscaping existing on the date of this agreement. Any increase in the area covered by, or location of, vegetation and/or landscaping on the Easement Property requires the Grantee's written approval. Prohibited new structures or improvements include, but are not limited to, temporary or permanent building structures, driveways, parking areas, sheds, change in elevations, fences. Grantor shall be responsible for the cost of removing any material or object it is directly, or inadvertently, responsible for locating on the Easement Property without approval. 7. 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 assignee who demonstrates to the Grantee sufficient competence and gives adequate assurances that any work to be performed in or around the easement shall be conducted in a skillful manner, and that the Grantor's interest in the easement premises shall be protected to the same extent as if the Grantee was itself performing the construction and maintenance. 8. 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 thirty (30) days to cure any actual breach. However, Grantee may immediately remove any object or material which it believes materially interferes with the design or functioning of its sanitary sewer system. 9. 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. 10. EXISTING EASEMENTS: 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the State of 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. 2 16. 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: Jon and Theresa Gruenstern 2155 Hickory Court Oshkosh, WI 54901 FOR THE GRANTEE: City of Oshkosh c/o Director of Public Works P.O. Box 1130 Oshkosh, WI 54903 -1130 17. 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 3 IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written. 11 1 Jon P. i. enstern STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this 1' day of N C V , , 2010, the above named Jon P. Gruenstern, to me known to be such person who executed the foregoing instrument and acknowledged the same, for the pu ose herein contained. Notary Public, Winnebago County, Wisconsin My Commission expired: 0, - a 4 - 0 0 13 4 -ktAitS0.... S . 4 Theresa L. Gruenstern STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this ) 5 day of No V . , 2010, the above named Theresa L. Gil em;i M. to me known to be such person who executed the foregoing instrument ndacknowledged the same, for the urpose herein contained. s 2, Notary Public, Winnebago County, Wisconsin My Commission expired: a- a. - © 1.3 CITY OF OSHKOSH By: _ __, _ 1 Ma k ✓ Rohloff, Nfanage By ✓ V LJi- i - Pamela R. Ubrig, City Clerk STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) came before me this 6r �� Personally p g day of .30,11 I A 6. v Il , 2014, the above named Mark A. Rohloff and Pamela R. Ubrig of the City of Oshkosh, to me known to be such persons who executed the foregoing instrument and acknowledged the same, for the purpose herein contained. , , L ,jti-dix'(s"c_ Notary Public, Winnebago County, Wisconsin My Commission expired: a' : - 13 PR VED AS`TO J M M: Lynn Lorenson, Attorney 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. Bank of Oakfield f (print name of mortg. gee) B IMI1 (signature) (title) J . ,e A. Dittmann AVP (print name) (print title) STATE OF WISCONSIN ) ) ss. NIONNEBAIGO COUNTY ) FOND DU LAC 2011 Personally came before me this 1 7 day of January ,20O, the above named Jake A. Dittmann (signator) of Bank of Oa k f i e 1 d (mortgagee), to me known to be such persons who executed the foregoing instrument and acknowledged the same, for the purpose herein contained. otary ubfic, W'S> >akli i?§i #n Fond du Lac County, My Commissionv p q -/ g' // Wisconsin expires • • This instrument drafted by: Attorney David J. Praska Oshkosh, WI 54903 -1130 • • 5