HomeMy WebLinkAboutLandmark Limited Partnership III 060877000 1 i�4.E_'4 7
Easement REGISTERS OFFICE
YINNEBAGO COUNTY, WI
RECORDED ON
Document Number Document Title
16/25/2QI11 QI9:13AN
JULIE P'AGEL
THIS INDENTURE,made this,. day of l/Ll ,2011, REGISTER OF DEEDS
by LANDMARK LIMITED PARTNERSHIP III, a isconsin Limited
Partnership, Grantor, and CITY OF OSHKOSH, a municipal corporation, located REGARDING FEE 39.NI
in Winnebago County, Wisconsin, Grantee, TRANSFER FEE
WITNESSETH: S OF PAS 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 both for access by Parcel Identification Number (PIN)
Grantee to an adjacent storm water system easement and, in the case of
the Western 238.35 feet of the Easement Property,for use as part of
Grantee's storm water 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,TI8N,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 238.35 FT.,thence South
00°55'04"East 77.46 FT.,thence South 44°51'53"East 28.80 FT.,thence South 88°48'43"East
521.63 FT.,thence North 46°04'16"East 28.23 FT.,thence North 00°57'15"East 400.63 FT.,
thence South 89°08'06"East 30.00 FT.,thence South 00°57'15" West 415.80 FT.,thence South
46°04'16"West 28.23 FT.,thence North 88°48'43"West 566.15 FT.,thence North 44°51'53"
West 28.80 FT.,thence North 00°55'04"West 61.39 FT.,thence North 88°48'09"West 223.77
FT.to a point on the East Right-of-Way line of South Koeller Street,thence North 00°10'11"
West along said line 30.03 FT.to the POINT OF BEGINNING. Said easement contains 0.6887
acres and is subject to all existing easements and restrictions of record.
Street Address: 300 South Koeller Street,Oshkosh,Wisconsin
3. ACCESS RIGHTS: All or most of the Easement Property is currently surfaced in asphalt, and is used by Grantor,
its tenants, and the public for access to Grantor's commercial property currently known as Landmark Plaza. Granter
shall have the non-exclusive right to use the Easement Property to access an adjacent easement, which is also on
Grantor's property and which is used as part of Grantee's public storm water drainage system. The adjacent
easement is described in a separate Easement Agreement between Grantor and Grantee. Grantee shall have the
right to use the Easement Property for vehicles,equipment, and material which will be reasonably necessary to
access,survey, lay,construct,use,operate,maintain,repair,replace,relocate, and/or remove storm water sewers
and/or storm water drainage facilities within the adjacent easement. Except in emergency situations, Grantee shall
not block or unreasonably impede traffic in that part of the Easement Property which acts as driveway from South
Koeller Street to Landmark Plaza without notifying Grantor in advance. In all other areas of the Easement Property,
Grantee shall not temporarily park or store vehicles,equipment,or materials on the Easement Property so that it
unreasonably interferes with the use of service entrances by Grantor and/or Grantor's tenants,except for vehicles,
equipment,or materials related Grantee's construction,reconstruction, or maintenance activities within the
Draft Date: May 23, 2011 -Access 1
Easement Property. Under no circumstances shall Grantee park or store vehicles,equipment, or materials on a long
term or permanent basis without the written permission by Grantor.
4. USE FOR STORM WATER MANAGEMENT SYSTEM: Grantee shall have the right to continue using a portion
of the Easement Property as part of its public storm water drainage system as is more fully described in a separate
easement document between Grantor and Grantee. The portion of the Easement Property used in this manner is
generally described as being in the most southerly ingress/egress driveway connecting Landmark Plaza with South
Koeller Street.
5. MAINTENANCE: Grantee shall be responsible for maintaining,repairing,and replacing any public storm water
drainage pipe and/or facility within the Easement Property. Grantee shall be responsible for repairing any damage to
the surface of the Easement Property caused by Grantee's use of the easement. Grantee shall grade and seed grass
areas after initial construction,and after subsequent repairs of its storm water drainage facilities. After Grantee has
graded and seeded any areas, Grantor shall be responsible for maintaining all vegetation within the Easement
Property. Grantor shall continue to be responsible for the maintenance,repair,resurfacing, or replacement of its
private storm water drainage facilities, as well as the hard surface on the Easement Property except for locations on
the Easement Property where damage has been caused by Grantee. Grantor shall continue to be responsible for all
snow,ice,and debris removal on the Easement Property. 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.
6. INTERFERENCE WITH EASEMENT: Grantor, its agents, and assigns, shall not unreasonably interfere with
Grantee's allowed use of the Easement Property. 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. Grantor shall not construct or place,or allow the construction or
placement of,any new or expanded improvements on the Easement Property. Prohibited improvements include,but
are not limited to,temporary or permanent building structures,trees,substantial landscaping,vehicles other than
those temporarily servicing the businesses on Grantor's property.
Grantor has currently located private storm water drainage facilities within the Easement Property. These private
facilities may be above,below,or at the surface level. Grantor shall be allowed to continue to use and maintain
these existing private storm water drainage facilities. 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 promptly remove any objects,materials, or structures on the Easement Property and which
unreasonably impede Grantee's use of the Easement Property or provide acceptable alternative access to the
Easement Property. If Grantor fails to provide acceptable alternative access or to remove these objects,materials,or
structures after receiving notice,Grantee may remove them at Grantor's expense.
Grantor and Grantee acknowledge that this Easement Property is part of and services real property used as a
commercial center with multiple tenants and significant public/customer access. Grantor shall take reasonable steps
to prevent third parties from interfering with Grantee's use of this easement including,but not limited to, notifying
tenants and others who may reasonably be expected to use the Easement Property of the existence and terms of this
easement. Grantor shall take reasonable steps to inspect and monitor the Easement Property for third party
interference with this easement.
7. USE OF EASEMENT BY OTHERS: Grantor agrees that Grantee may temporarily assign the access rights
identified herein to any contractor,third party, or other assignee that will be performing work on the Easement
Property which would otherwise be allowed for Grantee itself to undertake. Grantee shall take reasonable steps to
ensure that the contractor,third party, or other assignee demonstrates to Grantee sufficient competence and gives
adequate assurances that any work to be performed in or around the easement shall be conducted in a skillful manner,
and that Grantor's interest in the easement premises shall be protected to the same extent as if Grantee was itself
performing the construction and maintenance.
Draft Date: May 23, 2011 -Access 2
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,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
Draft Date: May 23, 2011 -Access 3
FOR GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1 130
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 a third party.
IN WITNESS WHEREOF,said Grantor has hereunto set their hand and seal the day and year first above written.
LANDMARK TED PARTNERSHIP III
By: E
. Schwab,Partner
By: L�
• .Wald A. Detjen,Partner
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
ao 1i
Personally came before me this 23 day of ,2014,the above named Denni .B.'St V4ttlapf Landmark
Limited Partnership III,to me known to be such .erson w+r'executed the for-going instrumentsi �4j0G•the same,
•.
for the purpose herein contained. Q °°
'NOTARY
Notary 'ublic, W. sag. Co nty, Wiscoi sin . _
My Commission re . (- r1/'-' ' • pUBLIC
STATE OF WISCONSIN ) •
)ss. O ,.
WINNEBAGO COUNTY ) ''•••
• rd 0.011 Personally came before me this day of . , 2.9 8-the above named Ronald A. Detjen of Landmark
Limited Partnership III,to me known to be such p- on who executed the for-going instru -nt and acknowledged Ilje same,
for the purpose herein contained. firAPP .`1 •
SgELC✓
.
Notary Public, Winne ago so nty,/�?consin �•NpTg9 ' •n •
My Commission : _,a.•. /� „ s.ice _ y
u •• UBLIC
CITY OF OSHKOSH �,�F • .?�,
INIS�
By:
M )Rchloff,City Manager j I
L
Pamela R.Ubri g, City Clerk
', J
Draft Date: May 23, 2011 -Access 4
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY ) M
Personally came before me this ` day of_ ! `R► , 2014,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.
Notary Public,Winnebago County,Wisconsin
My Conunission•expired: 't 5 r IvtGAZA1
APPMVED(MTO FORM:
u.„,q by -ba s.„„,,City Attorney
VON ti) 3.Y5'(1 1 T.
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
Draft Date: May 23, 2011 -Access 5