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HomeMy WebLinkAboutLewtag Realt, LLC APR 21 2010 �> TEMPORARY PARKINGAND ACCESS EASEMENTC r '1/ LIERK'S OFFICE 9 This Temporary Parking Easement Agreement (Agreement) is between the City of Oshkosh, a Wisconsin Municipal Corporation, 215 Church Avenue, Oshkosh, Wisconsin 54903 (City) and Lewtag Realty, LLC, a Wisconsin Limited Liability Company, 686 North Main Street, Oshkosh, Wisconsin 54901 (Owner). RECITALS Commencing in March 2010 and ending in or around November 2010, North Main Street in Oshkosh, Wisconsin, will undergo a total reconstruction which will limit or change pedestrian and vehicular access to some or all of the properties adjoining North Main Street; Lewtag Realty, LLC is the Owner of certain real property located at 686 North Main Street (Easement Property). The legal description of the Easement Property includes both a structure used for the business establishment commonly known as O'Brian's Tavern, as well as a parking lot used for off -street parking for patrons of O'Brian's Tavern; The City is installing a temporary parking lot on vacant properties that were previously known as 679 and 683 Jefferson Street. This temporary lot will have access from Jefferson Street. The Owner and City agree that it is in both parties best interest to connect the temporary lot with the Easement Property. The connection of the temporary lot with the Easement Property will allow easier access to the Owner's property as well as neighboring businesses during the construction period. The City believes that the connection of the two parking areas will alleviate some potential general parking enforcement issues during construction; Customers of all businesses in the 600 Block of North Main Street will benefit from additional parking options for customers during the reconstruction project, and the temporary access to the Owner's parking lot by the general public will increase the convenience of customers and the accessibility of North Main Street businesses during the reconstruction project; AGREEMENT 1. In consideration of $1.00 and other good and valuable consideration, the receipt of which is acknowledged, the Owner grants the City a temporary off - street parking easement for the Easement Property by agreeing to make certain real property in the City temporarily available for use by the general public as an off -street parking lot and the City accepts the temporary off - street parking easement. 2. Term. The term of this Easement shall commence on the date this document is fully executed, and shall expire on the date that the reconstruction project of the 600 block of North Main Street is fully completed and has reopened for traffic, or on December 31, 2010, whichever shall occur first. The anticipated end of the reconstruction project is in November 2010. 3. Property. The property subject to this Temporary Parking Easement is described as follows (Easement Property) is described as follows: The West 1 /2 of Lots Seven (7) and Eight (8) of Block Seventy -two (72) in the Fourth Ward, City of Oshkosh, Winnebago County, Wisconsin, per Leach's Map of 1894. And Lot Eleven (11) in Brunke's Subdivision, in the Fourth Ward, City of Oshkosh, Winnebago County, Wisconsin, excepting there from the North 19 feet and 4 inches thereof. 1 The parcels described above are combined and the resulting parcel is more particularly described as follows: Commencing at the Northwest corner of Lot 12 in Brunke's Subdivision; thence South 00 °01'34" West, along the East line of North Main Street, 81.80 feet, to the point of beginning of the parcel to be described; thence North 89°58'18" East, along the South line of the North 19 feet and 4 inches of Lot 11 in Brunke's Subdivision and the North face and easterly extension of the North face of a masonry wall, 120.43 feet; thence South 00 °01'46" West 175.10 feet; thence North 89 °47'45" West, along the South line of Lot 7 in Block 72 (in the Fourth Ward per Leach's Map of 1894) 120.42 feet; thence north 00 °01'34" East, along the East line of North Main Street, 174.61 feet, to the point of beginning. Parcel ID: 0402390000 Street Address: 686 North Main Street 4. Exclusions. This Easement shall include only the portion of the Easement Property currently consisting of and used as a parking lot. This Easement shall exclude the building in which O'Brian's Tavern operates, or any structures attached or related to the principal building including, but not limited to, dumpsters. 5. Use of Easement. The Owner is not required to designate or reserve any spaces for use by the general public. The Owner shall simply make the whole parking area of the Easement Property available to its patrons and to the general public on a first come — first served basis. The general public shall be allowed to use the parking lot on the Easement Property to park bicycles and/or motorized vehicles while patronizing any business. The City shall install, at its expense, temporary signs in the parking area of the Easement Property stating that overnight parking is prohibited. No overnight parking shall mean no parking between 2 a.m. and 5 a.m.. The Owner, and those persons /vehicles approved by the Owner, shall not have to comply with the no overnight parking restrictions. The Owner agrees to take reasonable measures to identify the configuration of the parking lot for those unfamiliar with the Easement Property. 6. Maintenance. The Owner shall be responsible for the continued reasonable maintenance of the parking lot on the Easement Property during the term of this Easement. The Owner shall continue to be responsible for refuse removal, snow and ice removal, upkeep, and maintenance / repair of conditions constituting a safety hazard to people, and motorized or non - motorized vehicles that use the parking lot on the Easement Property. 7. Privately -Owned Property. The existence of the Temporary Parking Easement for public use shall not change the status of the Easement Property as privately -owned real property. 8. Access to City Parking Lot. Owner agrees and consents to City taking all reasonable measures to temporarily connect the City's temporary parking lot adjacent to the Easement Property. The connection between the two properties shall remain clear during the term of this Easement. Owner consents to the City's removal of any barrier preventing the connection of the two properties. The City shall be allowed to connect the two properties using the same or similar material as will be used to surface the temporary lot. As soon as practical after the termination of this Easement, the City shall remove the surface material connecting the two properties, and grade and reseed the connection area. The following shall be at the City's expense: removal of barriers between the properties, placement of surface material to connect the two properties, removal of surface material connecting the two properties, grading, and reseeding. The City shall have sole discretion regarding the removal of barriers between the two properties, as well as the placement and removal of surface material, grading, and reseeding the area connecting the two properties. 2 9. Cooperation. The Owner and the City agree that the purpose of this Temporary Easement is to make businesses on North Main Street more accessible to customers, as well as to help prevent parking issues that may occur in other areas if temporary parking is not made available to the general public. To that end, both parties agree to discuss in good faith any issues or problems that occur as a result of this Easement. 10. Recording. The Owner and the City agree that this document shall be recorded with the land records of the Winnebago County Register of Deeds. / . Dated: / , L U Dated: LFITAG REALTY, LLC CITY OF OSHKOSH / f/ r'" - ames Ostertag, f anaging Me er Mark A. Rohloff, City Manager Subscribed and sworn to before me i Ink k 0 _ 1 r , J this 16th d y of April, 2010. Pamela R. Ubrig, ity erk -- - D!x2_________ C David J. raska STATE OF WISCONSIN ) Notary Public, State of Wisconsin MyCommission is permanent. ) ss. WINNEBAGO COUNTY ) Personally came before me this ___ day of April, 2010, Mark A. Rohloff,rity Manager, and Pamela R. Ubrig, City Clerk, City of Oshkosh, to me known to be the officers who executed the foregoing instru- ment and acknowledged that they executed the same by its authority. Notary Public, Winnebago County, WI My Commission: 3