HomeMy WebLinkAboutEstate of Donald Olson/Greg Roberts 06-1516-0000/0100 Easement 1
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
Document Number Document Title RECORDED ON
03/22/20111 09 :23AN
THIS INDENTURE, made this 1 day of , 2011, JULIE PAGEL
by THE ESTATE OF DONALD R. OLSON and GREG T. ROB ' RTS, collectively REGISTER OF DEEDS
Grantor, and CITY OF OSHKOSH, a municipal corporation, located in Winnebago RECORDING FEE 30. QIQi
County, Wisconsin, Grantee, TRANSFER FEE
WITNESSETH:
• OF PAGES 5
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good Recording Area [�
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
Property described in this document shall be for use by Grantee as 0615160000
part of its storm water management system. 0615160100
Parcel Identification Number (PIN)
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:
Being an easement in part of the N.W. 1/4 of the S.W. 1/4 of Section 22, T18N, R16E, 6 Ward,
City of Oshkosh, Winnebago County, Wisconsin which is bounded and described as follows:
Commencing at the W. VI corner of said Section, thence South 89 °02'35" East along the North line
of the S.W. 1/4 of said Section 1086.25 FT., thence South 00°57'15" West along an extended East
line of Replat of Lots 13 -21, First Addition to T.H.B. The Home Builders Subdivision 685.34 FT.
to the N.W. corner of Lot 16 in the replat of the First Addition to T.H.B. The Home Builders
Subdivision (also known as The New Venture I Condominium) and to the POINT OF
BEGINNING of the easement to be described, thence South 89 °08'06" East along the North line
of said Lot 30.00 FT. thence South 45 °54'35" West 42.46 FT. to a point on the West line of said
LOT 16, thence North 00°57'15" East along the West line of said Lot 30.00 FT. to the POINT OF
BEGINNING. Said easement contains 0.0103 acres and is subject to all existing easements and
restrictions of record.
Condominium Property Street Addresses: 251 South Westfield Street
255 South Westfield Street
3. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property for, and related
to, Grantee's storm water management system.
4. 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 an underground storm water
pipe and/or structures within the Easement Property, except for ancillary facilities related to and necessary for the
functioning of the underground pipe and/or structures. 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.
5. MAINTENANCE: Grantee shall be responsible for maintaining all storm water drainage facilities on and within th
Easement Property, including the maintenance, repair, and replacement of all storm water facilities located over,
under, and through the Easement Property. The Grantee shall grade and seed the Easement Property after initial
construction, and after Grantee disturbs the Easement Property surface after any maintenance or repairs. The Grantor
shall be responsible for maintaining the grass after it has been established by the Grantee. The Grantee's maintenanc
1
Draft Date: January 6, 2011
of the storm water facilities, shall be at the Grantee's sole discretion at for the purpose of facilitating the functioning
of the City of Oshkosh's overall storm water management plan(s).
6. INTERFERENCE WITH EASEMENT: 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, add to or alter
the vegetation associated with the Easement Property, or install or construct any structures or improvements within
the easement. Prohibited new structures or improvements include, but are not limited to, temporary or permanent
building structures, driveways, parking areas, sheds, change in elevations, vegetation except grass, landscaping or
fences. Grantor shall promptly remove any objects, materials, or structures which impede the Grantee's use of the
Easement Property or limits the capacity of the Grantee's storm water drainage system. If Grantor fails to remove
these materials or objects, Grantee shall remove them at Grantor's expense.
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 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.
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
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.
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
Draft Date: January 6, 2011
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:
Estate of Donald R. Olson
c/o Attorney Jeanne E. Baivier
Reff, Baivier, Bermingham & Lim, S.C.
217 Ceape Ave.
Oshkosh, WI 54903
-and -
Greg T. Roberts
255 South Westfield St.
Oshkosh, WI 54902
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 they have 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 is granted to third parties.
SIGNATURE PAGES FOLLOW
IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written.
3
Draft Date: January 6, 2011
GRANTOR
Estate of Donal . Olson
e'2',14 , Z-
avid I. Anderson, Per • n. R
By: tdli - ` ®'� 'N
Greg T. R.. erts
STATE OF ILLINOIS )
) ss.
COOK COUNTY )
Personally came before me this 1 day of ✓�
gam
��i �, 20 the above named David I. Anderson, 1211 S. Prairie
Avenue, Chicago, Illinois 60605, to me known to be such person who executed the foregoing instrument and acknowledged the
same, for the purpose herein contained. ---Z y
Notary Public County, dai/),n,
My Commission expired: ' _g , ,_' _
STATE OF WISCONSIN ) OFFICIAL SEAL
ss. William J. Taggart
WINNEBAGO COUNTY ) Notary Public, State of Illinois
Cook County
his day of C ; • • - II ommi sion I
Y Y i G ✓� , 201*the above nam o � es 2014
Personally came before me t
St., Oshkosh, to me known to be such person who executed the foregoing instrument and acknowledged the same, for the purpose
herein contained.
Notary Public, Winnebago County, Wisconsin
My Commission expired: /_( ;20 /4-/
CITY OF OSHKOSH
Ma s . Rohloff, Ci Meager
By: i1.. * ` � �•
Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this
day of L , 201P, 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.
4- tf— - jledi,1--tie_,
Notary Public, Winnebago Coun Wisconsin
My Commission expired: 71.??4/Z.�)/.. j
APPR :
. a L. 0 i Ati1/l
1A. orenson, Cr A orney •
4
Draft Date: January 6, 2011
PROPERTY EXHIBIT
ACCESS AND STORM SEWER EASEMENT
BEING AN ACCESS AND STORM SEWER EASEMENT IN PART OF THE N.W. 1/4 OF THE
S.W. 1/4 OF SECTION 22, T18N, R16E, 6 WARD, CITY OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN WHICH IS BOUNDED AND DESCRIBED AS FOLLOWS;
COMMENCING AT THE W. 1/4 CORNER OF SAID SECTION, THENCE SOUTH 89 °02'35"
EAST ALONG THE NORTH LINE OF THE S.W. 1/4 OF SAID SECTION 1086.25 FT., THENCE
SOUTH 00 °57'15" WEST ALONG AN EXTENDED EAST LINE OF REPLAT OF LOTS 13 -21,
FIRST ADDITION TO T.H.B. THE HOME BUILDERS SUBDIVISION 685.34 FT. TO THE N.W.
CORNER OF LOT 16 IN THE REPLAT OF THE FIRST ADDITION TO T.H.B. THE HOME
BUILDERS SUBDIVISION (ALSO KNOWN AS THE NEW VENTURE I CONDOMINIUM) AND
TO THE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED, THENCE SOUTH
89 °08'06" EAST ALONG THE NORTH LINE OF SAID LOT 30.00 FT., THENCE SOUTH
45 °54'35" WEST
42.46 FT. TO A POINT ON THE WEST LINE OF SAID LOT 16, THENCE NORTH 00 °57'15"
EAST ALONG THE WEST LINE OF SAiii LOT 36.66 FT. TO THE POINT OF BEGINNING. SAI
EASEMENT CONTAINS 0.0103 ACRES AND IS SUBJECT TO ALL EXISTING EASEMENTS
AND RESTRICTIONS OF RECORD.
DISTANCE BETNEEN SECTION CORNERS mute. 1
NORTH S.W. LINE OF THE S 1/4 OF SECTION 22. 778N, RISE
North _ _ _ S89•0_235 "E Cr) 1086.26' I 1527.70 (r CENTER OF
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RH;INSCH
LAND SURVEYING, LLC
1413 Valley Road * Oshkosh Wisconsin * 54904
(920) 410 -6100
NO. 11G