HomeMy WebLinkAboutAffidavit of Correction PIN #08-0057-0000 AFFIDAVIT OF CORRECTION 1 5 7 4 4 2 3
Document Number Document Title REGISTER'S OFFICE
WINNEBAGO COUNTY, YI
RECORDED ON
06/20/2011 09:15AM
JULIE PAGEL
AFFIANT, Lynn A. Lorenson, hereby swears or affirms that a REGISTER OF DEEDS
certain document recorded on the 6 day of June, 2011, as Document RECORDING FEE 30.00
No. 1573363 which was recorded in Winnebago County, State of TRANSFER FEE
Wisconsin, contained the following error: # OF PAGES 10
That the parcel No. on the Encroachment Agreement is 904 -0100.
Recording Area
Name and Return Address
That the correct parcel number for that document is 0800570000. L.e_
City Attorney's Office
Oshkosh, WI 54903 -1130
0800570000
Parcel Identification Number
AFFIANT makes this Affidavit for the purpose of making the above correction.
AFFIANT is the drafter of the document being corrected.
The Legal Description of the property is:
Lot 1 according to CERTIFIED SURVEY MAP NO. 4909 filed in Volume 1 of
Certified Survey Maps on Page 4909 as Document No. 1158287; being a part of Block
21 in L.M. Millers First Addition and part of vacated Otter Avenue in the South West
1 /4 of Section 24, T18N, R16E, in the Eighth Ward, City of Oshkosh, Winnebago
County, Wisconsin.
h f A 1 ! ■1!.x..4
. Lorenson
Subscribed and sworn to before met this
11 day of St.1 fl Q. , 2011.
a �
�C.Qk� sRn
Notary Public, Winnebago County, WI
My Commission Exp: 24'6'2_
This instrument is not a conveyance of real
property as per s. 77.21(1) Wis. Stats.
This instrument was drafted by:
Lynn A. Lorenson, City Attorney
Oshkosh, WI 54903 -1130 r,
V
1ci -
REGISTER'S OFFICE
WI NNEBAGO COUNTY. WI
RECORDED ON
Encroachment Agreement
06/06/2011 CO Ql�t:'��7A?!
Document Number JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 30.00
TRANSFER FEE
# OF PAGES 9
Recording Area ``. /• r
Name and Return Address
City Attorney's Office
Oshkosh, WI 54903 -1130
904 -0100
Parcel identification Number
CITY OF OSHKOSH
AND •
PROPERTY OWNER
This document drafted by:
David J. Praska, Assistant City Attorney
City of Oshkosh, Wisconsin
i
's
t'
DRAFT: MAY 17, 2011 1
9
REVOCABLE ENCROACHMENT AGREEMENT
This agreement is between the City of Oshkosh ( "City'), and Daymark— 100 M Main
LLC and Oshkosh 620, LLC (Collectively referred to as "Owner"). The parties enter into
this agreement for $1.00 and other good and valuable consideration, the receipt of which is
acknowledged.
The Owner is the fee owner of the property commonly known as 100 North Main
Street ( "Property"), and is more particularly described as:
Lot 1 according to CERTIFIED SURVEY MAP NO. 4909 filed in Volume
1 of Certified Survey Maps on Page 4909 as Document No. 1158287;
being a part of Block 21 in L.M. Millers First Addition and part of
vacated Otter Avenue in the South West'/ of Section 24, T18N, R16E,
in the Eighth Ward, City of Oshkosh, Winnebago County, Wisconsin.
Adjoining the Property along its West boundary is a public right -of -way used for
various public utilities, public sidewalks, and a public vehicular way commonly known as
State Highway 45 /Main Street. The City currently is responsible for maintenance of the
right of way for this section of Main Street and therefore has the authority to enter into this
agreement.
The Owner desires to erect the following signs (Projecting Signs), all of which wlii be
attached to the Owner's building on the Property and will project over and extend into the
right of way as described in this document:
Six (6), two- sided, non - lighted projecting blade signs. One (1)
sign each for six (6) separate store fronts. The signs will be
mounted on the building from the 6 v shaped comers of the
building. The blade signs will project out no more than forty
eight (48) inches from the side of the building. The building is
set back twenty (20) inches from the right of way line, and
therefore the signs will encroach no more than twenty eight
(28) inches into the public right of way. There shall be a
minimum distance of eight (8) feet from the sidewalk to the
bottom of the sign.
The City of Oshkosh has reviewed the Owner's request as described in this
document, and will allow the placement of the requested Projecting Signs subject to the
terms and conditions identified in this agreement. Both parties agree that all of the City's
terms and conditions in this document are to be considered material. Specific terms and
conditions of this agreement between City and Owner follow.
1. The City grants permission to the Owner to attach six (6) signs to the building on
his Property which will project into the right -of -way of Main Street, provided that
all Projecting Signs are materially similar to the sign design and specifications
submitted for the City's approval. Drawings of the Projecting Signs allowed are
attached hereto as Exhibit A.
2. The City's permission for these Projecting Signs, both individually and
collectively, is contingent upon the initial, and continuing, compliance with all
applicable local, state, and federal codes and rules. The Projecting Signs shall
DRAFT: MAY 17, 2011 2
comply with City Ordinances, including but not limited to requirements for
permits, structures, signs, projecting signs, Chapter 30 -37 and Chapter 30 -27.
3. The Owner agrees that he is solely responsible for the installation and
maintenance of the Projecting Sign, and that he is solely responsible for any and
all personal or property damage caused by the Projecting Sign.
4. The Owner is solely responsible for securing, maintaining, repairing, and
replacing each Projecting Sign. The City's permission and approval of each of
the Projecting Signs is not related to the Owner's responsibility for the short and
long term stability and safety of each Projecting Sign.
S. The Owner acknowledges and agrees that public utilities and facilities, and the
street and sidewalk, in the right -of -way are subject to maintenance, repair or
replacement. In the event that maintenance, repair, or replacement of public
utilities or facilities in the right -of -way will need to occur, the City agrees to make
reasonable efforts to notify the Owner of these activities so that the Owner may
remove or otherwise protect any Projecting Sign that is affected. If the Owner
elects to remove or otherwise protect one or more of the Projecting Signs, such
actions must be taken within the timeframe for the City's anticipated work.
However, the City shall not be responsible for any damage to any Projecting
Sign, or any structure to which any Projecting Sign is attached, related to the
City's actions in its right of way. The City has no obligation, but shall be allowed
to remove, at its sole discretion, any Projecting Sign for the purpose of
maintenance, repairs, and replacement of utilities and facilities within the right of
way. The Owner shall be responsible for reinstalling/reattaching any Projecting
Sign those circumstances where the City removes the Projecting Sign. The City
shall be reimbursed by the Owner for all costs and expenses related to removing
or protecting any Projecting Sign. The Owner gives the City permission to enter,
access, and alter his Property that is not in the right of way for the sole purpose
of removing or protecting one or more of the Projecting Signs.
6. The City is allowed to revoke its permission for one or more of the Protecting
Signs for any of the following reasons:
a. The City's use of the right of way prohibits the continued location of the
Projecting Sign;
b. Local, state, or federal rules, laws, or guidelines relating to public
sidewalk or street clearances or distances prohibit the continued location
of the Projecting Sign;
c. The Owner fails to property maintain, repair, or replace the Projecting
Sign;
d. The Owner fails to provide the City with annual written proof that the
Projecting Sign is covered by the required insurance.
7. The Owner releases the City of Oshkosh, its employees, agents, elected
officials, and authorized volunteers from all debt, claims, demands, damages,
actions and causes of action whatsoever which may result from the Projecting
Signs. The Owner shall protect and hold the City of Oshkosh harmless against
all actions, claims and demands of any kind or character whatsoever which are
related to the Projecting Sign.
DRAFT: MAY 17, 2011 3
8. Both parties understand and agree that accidents and incidents occurring on
City rights of way may result in lawsuits or threats of lawsuits against the City.
Therefore, the Owner agrees to indemnify and pay to the City all amounts that
the City may be required, obligated, or adjudged as responsible to pay, for any
dispute or action related to one or more of the Projecting Signs. This
indemnification is broad, and shall include damages, attorney's fees and costs,
and defense costs. The payments required of the Owner by this paragraph are
due no later than 30 days after written request for such indemnification. The
Owner agrees that this paragraph shall be liberally construed in favor of the City
of Oshkosh, in consideration of the privilege granted by the City under this
agreement.
9. At all times during which one or more of the Projecting Signs encroach into the
right of way, the Owner's property liability insurance shall cover all potential
liabilities related to Projecting Signs. The Owner's insurance shall provide
reasonable coverage for potential damages to persons and property cause
wholly, or in part, by any Projecting Sign. Minimum insurance coverage related
to the Projecting Signs shall be $500,000 for each occurrence for bodily injury
and property damage liability and $500,000 general aggregate. The Owner shall
include the City of Oshkosh as an additional insured on its policy for claims,
liabilities, and damages related to the Projecting Signs. The Owner shall
annually provide the City with proof of insurance for the Projecting Signs.
10. The City's permission is personal to the Owner, and cannot be transferred or
assigned to any other person or entity, whether voluntarily or involuntarily. The
Owner's rights contained in this agreement do not attach to property and do not
run with the land. Permission for the Projecting Signs is revoked immediately
and without notice as of the time that any person or entity other than the those
collectively identified as the "Owner" becomes a fee owner, whether in whole or
in part, of the property at 100 North Main Street. Revocation of permission for
the Projecting Signs will also occur where the Owner forms an entity of which he
is the sole or partial owner.
11. The Owner's responsibilities pursuant to this agreement extend to other
persons, contractors, and agents performing work on Owner's behalf and related
to the Projecting Signs.
12. This agreement is solely for the benefit of the parties to this agreement, and it is •
not intended to benefit any third party.
13. The election to enforce or not enforce any term of this agreement, or any
statute, code, or rule, as well as the timing of such enforcement, shall be at the
City's sole discretion and shall not act as a waiver of any rights to exercise any
right relating to the Projecting Sign in the future.
14. This agreement shall incorporate all immunities and limitations provided to
municipalities within the Wisconsin Statutes, regardless of whether a claim is
based upon contract, tort, or other theory.
This agreement shall not run with the land.
This agreement shall become effective upon the last date a party signs below.
DRIFT: MAY 17, 2011 4
OWNER:
DAYM 100 N MAIN, LLC
ehrtey, Me -r
STATE OF WISCONSIN )
) $s.
WINNEBAGO COUNTY )
Personally came before me this lee-day of 2011, the above -named GaryWehrley, to me
known to be th ng do s and acknowledged same.
ROSALYN ROBERTS
Notary Public 1
State of Wisconsin k Notary Public, j ja.& 'Co., Wisco sin
* - - - W - -� �- - — - �- • My Commission: eit.pci -es oh-' r /i..th
• OSH62 LLC
Paul J. Kitt a, iiier
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this 1 e! -day of , 2011, the above -named Paul J. Kolaga, to
, me known to regoin�nt and acknowledged the same.
ROSALYN ROBERTS
Notary Public
State of Wisconsin Notary Public,1Qu ' o., WI- ons
My Commission: r.
CITY OF OSHKOSH
/' /
By �GU--- /C�47� And:.. l
Mark Rohloff, City Manager Pamela R. Ubrig, City CI: rk
tY 9 9, �Y
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY ) L
re
Personally came before me this of..) day of 1' )`Z 2011, the above -named MARK A.
ROHLOFF, CITY MANAGER, AND PAMELA R. UBRIG, CITY CLERK of the City of Oshkosh, a municipal corporation,
to me known to be the persons who executed the foregoing instrument, and to me known to be such officers of said
corporation, and acknowledged that they executed the foregoing Instrument as such officers as the deed of said
corporation, by its authority. /
/ L ,'2CfiG
Notary Public, Winnebago Co., WI
My Commission expires/is: Z Zti
� 3
DRAFT: MAY 17, 2011 5
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