HomeMy WebLinkAboutClairty Care 06-1507-0000 1 , B� 1 4
Easement
REGISTER'S OFFICE
Ii SE INNEBAGO COUNTY, WI
Document Number Document Title RECORDED ON
03/30/2011 QI9:&8►Ari
THIS INDENTURE, made this / day of L 111.1,0_ , 2011, JULIE PAGEL
by CLARITY CARE, INC., a Wisconsin Non -Stock Corporation, Grantor, and CITY REGISTER OF DEEDS
OF OSHKOSH, a municipal corporation, located in Winnebago RECORDING FEE 31Q1.00
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 0615070000
Property described in this document shall be for use by Grantee as
part of its storm water management system. 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 S.W. 1/4 of Section 22, T I8N, 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 1471.72 FT., thence South 00 °49'40" West along an extended
West line of Outlot 1 in Certified Survey Map No. 6400 and an East line of T.H.B. The Home
Builders Subdivision 663.51 FT. to a point on the East line of Lot 7 in said Plat and the POINT OF
BEGINNING OF THE EASEMENT TO BE DESCRIBED, thence continuing South 00 °49'40"
West along said line 20.00 FT. to the S.E. corner of said Lot, thence North 89 °02'37" West along
the South line of said Lot 168.11 FT. to a point on the East Right -of -Way line of South Westfield
Street, thence North 00 °55'59" East 20.00 FT., thence South 89 °02'37" East along a line that is
parallel with the South line of said Lot 168.07 FT. to the POINT OF BEGINNING. Said easement
contains 0.0772 acres and is subject to all existing easements and restrictions of record.
Street Address: 220 and 230 South Westfield Street, Oshkosh, Wisconsin
3. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property for Grantee's
storm water management system only.
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:
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, replace the entire width of the hard surfaced driveway, and grade and seed the balance of
the Easement Property. Grantee also agrees to install an extension of the existing hard surfaced driveway within
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the Easement Property to the setback limit from the East property line._ After the initial construction of the storm
water drainage facilities, Grantee shall be responsible for repairing the surface of the Easement Property
including, but not limited to, the hard surface driveway and lawn, which is damaged by Grantee's use of the
Easement Property, or after Grantee's repair and /or maintenance of its facilities.
b. Grantor shall be responsible for all maintenance and repairs of the easement property which are not caused by
Grantee's storm water drainage facilities including, but not limited to, maintenance and repair of its driveway,
snow and ice removal, lawn mowing and vegetation maintenance. Grantor shall notify Grantee and receive
Grantee's approval prior to removing, breaking, or pulverizing the driveway, or to removing any top or subsoil.
6. INTERFERENCE WITH EASEMENT: Except for those driveways, parking areas, and other structures 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. The driveway and vegetation within the Easement Property shall remain
in a substantially similar alignment, location, and configuration unless changes are approved by the Grantee.
Regardless of the other terms in this agreement, the Grantor shall be allowed to construct, with Grantee's approval,
ramps compliant with the Americans with Disabilities Act which encroach within the Easement Property. Grantor's
encroachment for ADA purposes shall only be allowed in an area five (5) feet of uniform width along the North
boundary of the Easement Property, and extending from the East end to the West end of the primary structure.
Grantee shall be allowed to deny the encroachment of ADA ramps if it/they adversely affect the Grantee's use of the
Easement Property. Otherwise, the Grantee's approval of ADA ramps shall not be unreasonably withheld. Other
than the Grantor's use of the Easement Property which is specifically allowed, Grantor shall not move or remove any
soil, or install or construct any structures or improvements within the Easement Property. Prohibited new structures
or improvements include, but are not limited to, temporary or permanent building structures, driveway expansions,
parking areas, trees, substantial landscaping, or fences. Grantor shall be responsible for the costs of removing
unauthorized interferences with the Easement Property. The Grantor shall take reasonable steps to prevent third
parties from interfering in any way with the Grantee's use of this easement.
7. INSPECTIONS PRIOR TO / AFTER CONSTRUCTION: Prior to and at the conclusion of the initial construction of
Grantee's storm water drainage facilities, and before and after any subsequent maintenance or repairs within the
Easement Property, the Grantee shall perform, at its expense, a foundation crack and damage survey of Grantor's
property adjoining the Easement Property. Grantee, or its agent or designee, shall have complete access, upon 24
hour prior request, to the interior and exterior of any structures on Grantor's property, whether or not they are located
on the Easement Property, for this purpose. Grantee shall provide copies of the surveys to Grantor upon completion.
Grantee shall be responsible for damages caused by the Grantee's use of 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.
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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
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:
Clarity Care, Inc.
c/o Timothy Cook
424 Washington Street
Oshkosh, WI 54901
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
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•
IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written.
CLARITY CA'
By: �.` \ "...■.A.k■
Timo�� . Cook, CEO
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before me this /•X day of % &.; , 2011, the above named Timothy K. Cook, of Clarity Care,
Inc., to me known to be such person who executed th foregoing instrument and acknowledged the same, for the purpose herein
contained.
Notary Public, Winn bago County, Wisconsin
My Commission expired: C; ° -.' . c. / 5/
CITY OF OSHKOSH
By:
M A. Rohloff, City Manage r
BY: * l r ...
Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before me this ; ,J d y of f 7 ' j'f /) , 2011, the above named Mark A. Rohloff and Pamela R.
Ubrig of the City of Oshkosh, to me known to be such persons who executed e foregoing instrument and acknowledged the
same, for the purpose herein contained. , 1
Notary Public, Winnebago County , Wisc nsin
My Commission expired: ,...2/„,"--(//
AP' Z OVED AS TO ,IRM:
w A. LorensonlIPV Attorney
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903 -1130
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Y 11
PROPERTY EXHIBIT
ACCESS AND STORM SEWER EASEMENT 3
BEING AN ACCESS AND STORM SEWER EASEMENT IN PART 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 1471.72 FT., THENCE
SOUTH 00 °49'40" WEST ALONG AN EXTENDED WEST LINE OF OULOT 1 IN CERTIFIED
SURVEY MAP NO. 6400 AND AN EAST LINE OF T.H.B. THE HOME BUILDERS SUBDIVISIOI
663.51 FT. TO A POINT ON THE EAST LINE OF LOT 7 IN SAID PLAT AND THE POINT OF
BEGINNING OF THE EASEMENT TO BE DESCRIBED, THENCE CONTINUING SOUTH
00 °49'40" WEST ALONG SAID LINE 20.00 FT. TO THE S.E. CORNER OF SAID LOT, THENCI
NORTH 89 °02'37" WEST ALONG THE SOUTH LINE OF SAID LOT 168.11 FT. TO A POINT 0
THE EAST RIGHT -OF -WAY LINE OF SOUTH WESTFIELD STREET, THENCE NORTH
00 °55'59" EAST 20.00 FT. ALONG SAID RIGHT -OF -WAY, THENCE SOUTH 89 °02'37" EAST
ALONG A LINE THAT IS PARALLEL WITH THE SOUTH LINE OF SAID LOT 168.07 FT. TO
THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.0772 ACRES AND IS SUBJEC1
TO ALL EXISTING EASEMENTS AND RESTRICTIONS OF RECORD.
Z
DISTANCE BETTIEEN SECTION CORNERS 261296'
E I N ORTH LINE OF THE S W. 1/4 OF SECTION 22, TIM ME
) 1471.72' 15 1142.24 4
1 \ CENTER OF /
W. I/4 CORNER OF 1 SECTION 22, TIM ME
SECTION 22, TIM RILE 1 (BERNTSEN MONUMENT)
(BERNTSEN MONUMENT)
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EASEMENT 3
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GRAPHIC SCALE
60 0 30 60 120 240
JANUARY 5, 2011
( IN FEET)
1 inch = 60 ft.
REINS CH
LAND SURVEYING, LLC
1413 Valley Road * Oshkosh Wisconsin * 54904 !:
(920) 410 -6100
NO. 11C