HomeMy WebLinkAboutLandmark Limited Partnership III 0608770000 1 i84;c4E,
Easement REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
Document Number Document Title
10/25/2011 09:13AN
THIS INDENTURE,made this a 3 day of 644 iX ,2011,
JULIE
THIS DEEDS
by LANDMARK LIMITED PARTNERSHIP III,a Wiscdniin Limited Partnership,
Grantor, and CITY OF OSHKOSH,a municipal corporation,located in Winnebago RECORDING FEE 30.00
County, Wisconsin,Grantee, TRANSFER FEE
WITNESSETH: • OF PAGES 5
Recording Area
IN CONSIDERATION of the sum of One Dollar($1.00)and other good Name and Return Address
and valuable consideration paid by Grantee,the receipt of which is hereby
acknowledged, Grantor, its successors and assigns,does hereby give and grant unto City Attorney's Office
Grantee, its successors and assigns,and Grantee accepts,an easement over,under, Oshkosh,WI 54903-1130
and through the land hereinafter described.
1. PURPOSE: The purpose and use by Grantee of the Easement 0608770000
Property described in this document shall be for use by Grantee as Parcel Identification Number (PIN)
part of its storm water management system.
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, 6TH 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 193.55 FT.,thence South 00°10'11"East along an extended
East line of South Koeller Street 996.64 FT.to the POINT OF BEGINNING OF THE
EASEMENT TO BE DESCRIBED,thence South 89°03'13"East 223.34 FT.,thence South
00°55'04"East 92.41 FT.,thence South 44°51'53"East 28.80 FT.,thence South 88°48'43" East
566.15 FT.,thence North 46°04'16"East 28.23 FT.,thence North 00°57'15"East 415.80 FT.,
thence South 89°08'06"EAST 40.00 FT.to a point on the East line of said replat of Lots 13-21,
First Addition to T.H.B.The Home Builders Subdivision which is a common line with the West
line of T.H.B. The Home Builders Subdivision,thence South 00°57'15" West along said common
line 459.02 FT.to the S.W. corner of LOT 21 in said Plat and a point on the North line of Lot 3 in
Certified Survey Map No. 5121,thence North 88°48'43"West along said line and the North line
of Lot 1 in Certified Survey Map No.4996 aforesaid 669.41 FT.to the S.E. corner of Lot 1 in
Certified Survey Map No. 1100,thence North 00°55'04"West along the East line of said Lot
104.41 FT.to the N.E. Corner of said Lot,thence North 46°31'28"West 38.32 FT.,thence North
89°03'13" West 172.00 FT.to a point on the East Right-of-Way line of South Koeller Street,
thence North 00°10'11"West along said line 5.00 FT.to the POINT OF BEGINNING. Said
easement contains 0.8560 Acres and is subject to all existing easements and restrictions of record.
Street Address: 300 South Koeller Street,Oshkosh,Wisconsin
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 the non-exclusive use of
the Easement Property as part of its storm water management system. Grantee shall have the right to access,survey,
lay, construct,use,operate,maintain,repair,replace,relocate,and/or remove its public storm water sewers and/or its
public storm water drainage facilities. Grantee shall give Grantor not less than seventy-two(72)hours written notice
prior to performing any substantial work within the Easement Property. In the event of an emergency,notification
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Draft Date: May 23, 2011 -Drainage
shall not be required prior to work or repair,but Grantee shall notify Grantor as soon as reasonably practical after the
commencement of such work or repair. Both parties acknowledge that Grantor currently has private, storm water
drainage facilities within the Easement Property, and that such storm water facilities shall remain privately operated
and maintained. These existing private storm water facilities include,but may not be limited to,pipes, drains, inlets,
box structures,backflow structures,and pumps and pumping structures. Grantor shall be allowed to continue to use
and maintain these existing private storm water drainage facilities and install additional private storm water drainage
facilities within the Easement Area as provided in paragraph 6 of this Easement.
5. MAINTENANCE: Grantee shall be responsible for maintaining all public storm water drainage facilities on and
within the Easement Property,including the maintenance,repair, and replacement of all public storm water facilities
located over, under,and through the Easement Property. Grantee shall not be responsible for the maintenance,
repair, or replacement of Grantor's existing private storm water drainage facilities,nor shall Grantee be responsible
for the design and installation of new private storm water drainage facilities. Grantee's responsibilities include
grading and seeding the Easement Property,after initial construction and after any subsequent damage caused by
Grantee's use of the Easement Property. After the initial grading and reseeding of the Easement Property, Grantor
shall be responsible for maintaining vegetation. Grantee shall be responsible for repairs due to storm erosion,
dredging and/or regrading when necessary,and placement of rip-rap when necessary. The Grantee's maintenance of
the Easement Property, and the associated storm water facilities, shall be at Grantee's reasonable discretion for the
purpose of facilitating the functioning of the public storm water facilities associated with the Easement Property
within the City of Oshkosh's overall storm water management plan(s). Grantee shall maintain all public storm water
drainage facilities within the Easement Property in a good, safe,neat, clean and fully functional condition at all times
during the term of this Easement. Grantor shall not have any right of entry to perform any repair or maintenance of
public storm water facilities associated with the Easement Property that it believes is necessary, except as otherwise
expressly provided in this Agreement, or except with the express permission of Grantee. This restriction shall not
prevent or restrict Grantor from removing debris,rubbish or similar items or materials from the easement area.
Grantee shall not be liable to Grantor for any costs related to this activity. Grantor may access the Easement Property
to repair or maintain private storm water facilities. Grantor shall be responsible for maintaining any surface of the
Easement Property which,on the date of this agreement, is comprised of any hard surface. Grantor's responsibilities
do not include repairs which are the result of Grantee's use of the Easement Property.
6. INTERFERENCE WITH EASEMENT: Except for those driveways,parking areas,private storm water drainage
facilities,and other structures in existence on the Easement Property as of the date of this document, Grantor, its
agents or assigns, shall not interfere in any way with Grantee's use of the easement,and in particular shall not alter
the slope or elevation of the easement,materially alter the vegetation associated with the Easement Property, alter any
objects or rip-rap intentionally placed within the Easement Property, or install or construct any structures or
improvements within the easement. Grantor's responsibility for maintaining vegetation in the Easement Property
shall not be considered altering the vegetation. Grantor may add new private storm water drainage facilities within
the Easement Property upon issuance of an appropriate right-of-way or similar permit for work connecting or draining
to the City's storm water drainage facilities,the issuance of which shall not be unreasonably withheld or delayed.
Grantor shall maintain,repair, and/or replace driveways,parking areas,and other structures in existence on the
Easement Property as of the date of this document. Grantor shall not place,pile or move snow onto or into any of
Grantee's storm water drainage system including but not limited to any ditch or drainage swale. Grantor shall not
place,pile or move snow or ice onto the Easement Property,unless there is no other commercially reasonable
alternative. The determination of commercially reasonable shall be at the sole discretion of Grantor. In the event it
becomes necessary to place,pile or move snow onto the Easement Property, Grantor shall provide other reasonable
access to Grantee's storm water drainage system.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. Grantee shall be responsible for removing storm debris from a ditch,
swale, or other storm water drainage facility within the Easement Property. Except as otherwise expressly provided
with respect to snow or ice,Grantor shall promptly remove all other objects,materials,or structures which materially
impede Grantee's use of the Easement Property or limits the capacity of Grantee's storm water drainage system. If
Grantor fails to remove materials or objects for which it is responsible,Grantee shall remove them at Grantor's
expense.
7. USE OF EASEMENT BY OTHERS: Grantor agrees that Grantee may temporarily assign the construction and
maintenance rights identified herein to any contractor,third party, or other person. Assignees must demonstrate to
Grantee that they have sufficient competence and must give adequate assurances that any work to be performed in or
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Draft Date: May 23, 2011 - Drainage
around the easement shall be conducted in a skillful manner. Assignees must also protect Grantor's interest in the
easement premises to the same extent as if 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. In
the event of a default, either party shall have recourse to all remedies available in law and equity. Such action shall
be venued in Winnebago County, Wisconsin circuit court.
9. TERM: This easement is being granted in perpetuity for public purposes and uses,both current and future,without
regard to 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 Grantor
and Grantee,their respective heirs, executors,administrators,successors,assigns,and legal representatives.
10. EXISTING EASEMENTS: Grantor and Grantee are aware of one or more recorded easements 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.
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 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.
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 GRANTOR:
Landmark Limited Partnership III
c/o Ronald A. Detjen
304 Ohio Street
Oshkosh,WI 54902
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Draft Date: May 23, 2011 -Drainage
FOR GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh,WI 54903-1130
17. AUTHORITY: 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 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 Grantor.
Grantee's written consent will be required before any additional easement or use of this easement property is granted
to third parties.
IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written.
LANDMA' . i ITED PARTNERSHIP III
By: ■ mo: './ —
is E. Schwab ,Partner
By:
onald A. Detjen, a er
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY ) pp
/,�-1 Mo 1 l
Personally came before me this�3 •• • i.", _A ,42.0-113,the above named 12etigtti.Sj fr ve) of Landmark
Limited Partnership III,to me known to be. ch person who :;?cuted th for-going instrumefit;y.knowl 'the same,for
the purpose herein contained. "P
— '/ /. = 1 OTAR
Notary Public, "7::o Coun WlconSin -- °-
My Commission ptred: i 5 A U ; k. —"411 n=LIG `�„
I • ' S~
STATE OF WISCONSIN •'.„,/,..9* ...... `'
, Or W� G�4•`
)ss. , •
WINNEBAGO COUNTY )
act 1
Personally came before me this day o .r 26+0, the above named Ronald A. Detjen of Landmark
Limited Partnership III,to me known to be suc erson who e - uted the o -going ins ment and acknowledggcthie�arfie,for
the purpose herein contained. �.i J,s R�,c�
.,/\, Notary 'ublic, Wi ;f.ag• •e , Wisconsin �• OTA.R Y•':
My Commission cxpircd: IS rgtrviet A
• PURL L' .•
-577;;.'••....•••',p\
CITY OF OSHKOSH '..F OF W\ G
By:_.__ 4,�?��
(..-
k .Rohloff,City Mahige5\
By ` _ I' t� . ,' ..;i .'` ��
Pamela R.Ubrig,City Clerk k
)
4
Draft Date: May 23, 2011 - Drainage
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY ) � till Personally came before me this L day of ill 41 , 201t,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.
aka°.Nota rY Publi in
neba o County,Wisconsin
MyCommission.ex rrcd: 115 9erM(.4441
APPI;,QVED AS TO FORM:
r
byrni-A—Letermerrt,City Attorney
Dp4∎Q a- Flo polf.
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
5
Draft Date: May 23, 2011 -Drainage