HomeMy WebLinkAboutWyldewood Village Apts/Storm Sewer & Shared Detention Pond STORM SEWER AND SHARED DETENTION
POND EASEMENT AGREEMENT 1 ), 121-4
Document Title t8REyyGy�I STER a S UFFI CE
DOCUMENT NO. — WINNEBAGO COUNTY, WI
c\�— RECORDED ON
THIS AGREEMENT is made and entered into this LOS vday of October, 2011,by I41f18.I2411 .2C3:57J
and among Wyldewood Village Apartments, LLC,a Wisconsin limited liability company JULIE F°AGEL
("Wyldewood"); HavenwoodJWyldewood Recreation Association,Inc., a Wisconsin non- REGISTER OF DEEDS
stock corporation (the"Association")and the City of Oshkosh, a Wisconsin municipal
RECORDING FEE
corporation (the"City"). TRANSFER FEE
RECITALS
# OF PAGES 7
1.01 Wyldewood is the owner in fee simple of the following described real estate (the
"Wyldewood Parcel"): Recording Area FAA-
Lot One (l)of CERTIFIED SURVEY MAP NO. 6576 filed in Volume 1 of NAME AND RETURN ADDRESS
Certified Survey Maps on Page 6576 as Document No. 1583045;being part of ATTORNEY RUSSELL J. REFF
Lot 1 of Certified Survey Map Number 6372 as recorded in Volume I of Certified P.O. BOX 1190
Survey Maps on Page 6372, located in the Southwest 1/4 of the Northwest 1/4, all OSHKOSH,WI 54903-1190
in Section 21, Township 18 North, Range 16 East, City of Oshkosh,Winnebago
County, Wisconsin.
(Parcel Identification Number 906-3211-00-00)
Parcel Identification Number(PIN)
1.02 The Association is the owner of the following described real estate (the
"Association Parcel"):
Lot 2 of Certified Survey Map No. 6372 filed in the office of the Register of Deeds for Winnebago County, Wisconsin in
Volume 1 of Certified Survey Maps on page 6372, as Document No. 1509055;being part of Lots 1,2 and 3 of Certified Survey
Map Number 4748 as recorded in Volume I of Certified Survey Maps on Page 4748 and part of the Southwest 1/4 of the
Northwest 1/4, all in Section 21, Township 18 North,Range 16 East, City of Oshkosh,Winnebago County, Wisconsin.
(Parcel Identification Number 906-3211-01-00)
1.03 The Wyldewood Parcel is part of a residential apartment complex known as"Wyldewood Village Apartments",which is being
developed in phases.
1.04 The Association Parcel contains a private pond and associated pipes, structures, etc.that were constructed for use as a stone
water management facility for the Wyldewood Village Apartments and other lands (the"Shared Detention Pond").
l.05 The City has requested that Wyldewood grant to the City an easement for the construction,use,maintenance,repair and
replacement of a municipal storm sewer main running from the municipal storm sewer main in the right-of-way of Wyldewood
Drive to the Shared Detention Pond.
1.06 The City has also requested that Wyldewood grant to the City an easement for the construction, use,maintenance,repair and
replacement of surface water drainage facilities, including without limitation, a drainage swale and related facilities which direct
the flow of storm water runoff into the Shared Detention Pond(the"City Storm Water Management Facilities").
1.07 The City has requested that the Association grant to the City an easement to drain storm water runoff collected from the
Wyldewood Village Apartments and Wyldewood Drive,Wyldewood Development, and certain other areas into the City Storm
Water Management Facilities and the Shared Detention Pond.
1.08 The Association and Wyldewood have agreed to grant the easements requested by the City.
1.09 The parties are entering into this Agreement for the purpose of granting the easements requested by the City and defining the
rights and obligations with respect to those easements.
./
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged,the parties hereby agree as follows:
2.01 Recitals. The foregoing recitals are adopted by the parties, incorporated herein by reference and made a part of this Agreement.
2.02 Grant of Storm Sewer and Drainage Easement. Wyldewood hereby grants to the City and its employees, agents, surveyors,
contractors and inspectors a perpetual,non-exclusive easement for the installation, maintenance,repair, inspection,replacement
and removal of a municipal storm sewer main through, over and across the area of the Wyldewood Parcel designated as"20'
Storm Sewer Easement" on the survey map attached as Exhibit 1 of this Agreement(the"Easement Area"). Wyldewood also
hereby grants to the City and its employees, agents, surveyors, contractors and inspectors a perpetual, non-exclusive easement for
the installation,maintenance, repair, inspection,replacement and removal of the City Storm Water Management Facilities within
the Easement Area. The easement rights granted hereunder shall include such ingress and egress over the Wyldewood Parcel as
may be reasonably required to exercise the easement rights granted hereunder.
2.03 Maintenance of Municipal Storm Sewer and City Storm Water Management Facilities. Wyldewood shall be responsible for
maintaining the surface of the Easement Area in the manner required by the approved grading and drainage plan for Wyldewood
Village Apartments. Upon receiving notice of any issues, the City shall be responsible for maintaining the underground stone
sewer pipe and related facilities in a good, safe and properly functioning condition.
2.04 Grant of Easement for Use of the Shared Detention Pond. The Association hereby grants to the City a perpetual,non-exclusive
easement to drain stone water runoff from the Wyldewood Village Apartments, Wyldewood Drive, Wyldewood Development
and certain other areas into the City Storm Water Management Facilities and Shared Detention Pond. The City acknowledges
that the Shared Detention Pond has a limited capacity and was designed and intended to provide the storm water management
necessary for the Wyldewood Village Apartments,Wyldewood Drive and certain other lands. Copies of the Certified Survey
Maps of the Parcels that comprise Wyldewood Village Apai tnents are attached as Exhibit 2 and Exhibit 3 of this Agreement.
2.05 Shared Detention Pond Maintenance Agreement. The Association and the owner of each of the Parcels comprising Wyldewood
Village Apartments shall have a joint and several obligation to inspect,maintain,repair and replace the Shared Detention Pond
pursuant to the Wisconsin Department of Natural Resources specifications for such facilities. The Association and the owner of
each of the Parcels comprising the Wyldewood Village Apartments shall enter into a Maintenance Agreement to be recorded in
the Office of the Register of Deeds for Winnebago County, Wisconsin. However,the lack of any recorded Maintenance
Agreement shall not remove or release any responsibility to maintain the Shared Detention Pond according to Department of
Natural Resources specifications. In the event the responsibility for the maintenance standards or specifications currently
governed by the Wisconsin Department of Natural Resources is moved or transferred to another agency, then the standards and
specifications of the new agency shall control. The City of Oshkosh shall have the right,but not the obligation, to inspect,
maintain and repair the Shared Detention Pond in the event the other responsible parties fail or refuse to perform those
obligations. In the event the City of Oshkosh exercises these rights,then the cost for such work shall be charged to the
Association Parcel and each of the Parcels comprising the Wyldewood Village Apartments pursuant to Section 66.0627 of the
Wisconsin Statutes. The Association also hereby grants to the City of Oshkosh such easements as may be necessary to inspect,
maintain and repair, if necessary,the Shared Detention Pond.
2.06 Exercise of Easement Rights. The City agrees to cause the easement rights granted hereunder to be exercised in a reasonable
manner.
• 2.07 Easement Area Restrictions. No structure, improvement, landscaping or utility shall be constructed,placed,planted or permitted
within the Easement Area without the approval of the City of Oshkosh Board of Public Works. The City shall not be responsible
for any damage to any structure, improvement, landscaping or utility constructed,placed or planted within the Easement Area in
violation of the foregoing restrictions.
2.08 Municipal Liability. Nothing in this Agreement is intended as a waiver of the right or opportunity of the City to rely upon the
municipal limitations and liabilities under Wisconsin law. Municipal immunities and limitations include, but are not limited to,
Sections 345.05, 893.80 and 893.83 of the 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
City and its agents, officers and employees. Subject to the foregoing limitations and immunities, the City hereby agrees to
indemnify and hold Wyldewood and the Association harmless from any and all liability for injury to or death of persons or for
loss or damage to property, including all costs and expenses incidental thereto, arising from the negligent or intentional acts or
-2-
omissions of the City or its employees,agents. surveyors,contractors and inspectors in connection with the easement rights
granted hereunder.
2.09 Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Wisconsin. Venue
for any action arising out of or in any way related to this Agreement shall be the Circuit Court for Winnebago County, Wisconsin,
or, if a federal court action,then the appropriate district or circuit within which Winnebago County, Wisconsin is located.
2.10 Interpretation. When the context in which words are used in this Agreement indicates that such is the intent, words in the
singular shall include the plural, and vice versa, and pronouns in the masculine shall include the feminine and neuter, and vice
versa.
2.1 1 Amendment. This Agreement may be modified, amended or terminated by an instrument executed by all of the owners of the
Wyldewood Parcel and the City and consented to in writing by each mortgagee holding a mortgage or similar lien on any portion
of the Wyldewood Parcel. Any modification, amendment or termination of this Agreement shall be properly recorded in the
Office of the Register of Deeds for Winnebago County, Wisconsin.
2.12 Binding Effect. The provisions of this Agreement, including the easement rights granted hereunder, shall run with the land and
shall be binding upon each of the parties and their respective successors,transferees and assigns. Except as otherwise expressly
provided in this section, the provisions of this Agreement are not intended to benefit or be enforceable by any third party
beneficiary.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the day and year first written above.
WYLDEWOOD VILLAGE APARTMENTS, LLC,
a Wisconsin limited liability company
By Midwest Realty Management,Inc,its Manager
By:
Rodney R. Oilschlager, President
Attest:
William P. Mark,Vice President
HAVENWOOD/WYLDEWOOD RECREATION
ASSOCIATION,INC.,
a Wisconsin non stock corporation
/i1 .// �
William Markee,President
CITY OF OSHKOSH
By:
Mark . Rohioff, City Manager
Attest:
Pa Cit'tl
"j c (ck 3. cr-�k- 1
-3.
STATE OF WISCONSIN )
)SS
WINNEBAGO COUNTY )
Personally came before me this �� day of October,2011,the above named Rodney R. Oilschlager and
William P. Mark,to me known to be the persons who ex- -d the foregoing instrument and acknowledged the same.
• °Aeeeerita
�sE.LL J �'`•
° nom"
A t f✓—� 9� A tea/
t i , c! f v1OTAA J .
Notary Public, S of Wig onsip _
My Commission expires: IS j Or/a4- ,')�.", �n PUBLIC'
STATE OF WISCONSIN )( ur WI„c ,c-)•
)SS g'LL6 6et6
WINNEBAGO COUNTY )
Personally came before me this Leda of October, 2011, the above named William Markee, as President of
Havenwood/Wyldewood Recreation Association, Inc., to me known to be the person who executed
the foregoing instrument and acknowledged the sam-
° ELL
•
Notary Public, Stat.o W. co'sin
My Commission: S it?f; !}t' -(f) *-
E�II��'ag
6
L 6 4 L �
STATE OF WISCONSIN ) •
)SS
WINNEBAGO COUNTY ) a�( JIA-c19A
Personally came before me this \.(r5 day of October, 2011, the above named Mark A. Rohloff and
as City Manager and City Clerk of the City of Oshkosh, to me known to be the persons who executed the foregoing instrument and
acknowledged the same.
,44 1'
Notary Public, State of Wisconsin
My Commission: t”) ( R tvNt, }
This instrument was drafted by:
Russell J.Reff, Attorney-at-Law
217 Ceape Avenue,P.O. Box 1190
Oshkosh, WI 54903-1190
-4-
EXHIBIT 1
20' STORY SEWER POND EASEMENT "EXHIBIT C ,
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r n NORTH IS REFERENCED TO THE SOUTH LINE OF
N u -A EP O N u u L,N Z p. m x
V, A \ THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP 6
A a Ln i.0
00 u
Ln .n - = o' ^' A n 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, I
l WINNEBAGO COUNTY. WISCONSIN WHICH IS
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I r 1/4 OF SECTION 21-18-16 I
WEST 1/4 CORNER 21 1 I SECTION 21-18 16 I
SECTION 21-18-76 — — _ — — _ 1 2018 2?
�� 718.74 — N89'42"39 I E 2236.49'
IS SCALE
ii .�= CAROW LAND SURVEYING CO., INC. o� � 7.. — 700
�� /1:
615 N. L YNNDAL E DRIVE., P.O. BOX 1297 ROD
*@, / Y APPLETON, WISCONSIN 54912-1297 „roEU�o
`I L a''. PHONE 920-731-4 168 FAX 731-5673 A9612.22-08
EXHIBIT 2
CERTL IED SURVEY MAP NO -a5 74V
BEING ALL OF LOT 1, OF CERTIFIED SURVEY MAP NUMBER 6372 AS RECORDED IN VOLUME 1 OF CLKIIFIED SURVEY F.4APS
ON PAGE 6372 LOCAILU IN THE SOLI-WEST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 21, TOWNSHIP 18 NORTH,
RANGE 16 EAST, CITY OF OSHKOSH, WINNEHAGO COUNTY, HISCONSIN_
CENTRAL ARC CHORD CHORD
GRAPHIC SCALE: 7 ' = 200'
CURVE RADIUS ANGLE LENGTH DIRECTION LENGTH TANGENT REARING
Cl 245.00 23'56'14- 102.36 N11-55'50'W 101.61 N00'02'171E N2353'57"W
C2 179.00 _ 23'36'36' 73.76 N12-05'39-w 73.24 N23 53'57-W NO0.17'21-W 100
C3 179.00 08-08.24- 25.43 1103.46'51'E 25.41 N00'17'21-w 140751'031 200 0 200
C4 245.00 08'08'24 34.61 1403'46'511 34.78 NOT 51'03 E NOD'17'2114
C5 133.00 34'56'40" 81.12 N1745'41.1,4 79.86 1400'14101'SR N35'14'01"W
C6 38.70 104'38'36" 70.68 512'47'3614 61.26 S65'06154'W 639'31'421 TAX PARCEL NO: 90632110000
C7 21.30 39143'42" 14.77 519'39'51"E 14.48 539'31'42 1 S00'12'00"W
C8 21.30 _ 59'24'42- 22.09 529'54'21-W 21.11 SOO-12'00'w 559-36'42"W OWNERS OF RECORD:
C9 38.70 59'36'42' 40.26 S29'48'21'14 38.47 559-36'42"W 500-00'00"W WY DEWOOD VILLAGE A.PARTMD4TS, LLC
CI0 38.70 7742'06" 52.48 538'51'03"E 48.55 S00'0O'0O'W S77-42'06"E WYLDEWOOD VILLAGE APARTMENTS II, LLC
C I 1 21.30 59'03'05" 2 1.95 S48'10'33"E 20.99 577-42'06"E 518-39'001
C12 38.70 91'48'56" 62.02 S64'33'281 55.59 S18-39'001 1469'32'04-E EASEMENTS FOR UTILITIES AND DRAINAGE
C13 38.70 49'10150` 33.22 N44-56'39"E 32.21 N59.32 041E N20-21'14"E TO BE RECORDED 8Y SEPARATE- - INSTRUMENT
-\\c\E V\\AAS C 14`I1:CA_\1-A 000 \\ I I
t\ u)\,\\) \,1\\\,\\\.\\,‘, CO\)ti\U\,\\_\ -1_______ � -\\-A_ V\L\_AS OF \td \_ZO _\1I000 \
I I S65-06'S4-W
I 13.22 I A CONC)C)4AN\Ul1, CO\)s)'1\ \-\
N3837 55 Y _ - L - -I I
\ 288 18 (..
LEGEND: ',` I
0 = 3/4- SOUD ROUND IRON RERAN FOUND 2 S I
c3 = 3/4- x 18' SOLID ROUND IRON RERAN 1 - - - - -I
SET. WEIGHING 1.502 LDS PER. UN. FT. 7---,, -- ��T 1 I I
Q = EYUSTING CHISEL CROSS
x = CHISEL CROSS SET 'i3� 123,634 SQ.FT-f Kv g tl I
= I.AG NAIL SET IN ASPHALT ' (2.8382 ACRES-) g ti I
0 = 1- 1.0. ROUND IRON PIPE FOUND f} �� '� g b I
= COUNT/ MONUMENT FOUND e
/1.- 559.36"42"H' I
...,,,,,,1,I,,, 4-66.3 C7 I
,1,1\..s C O/VS o, ' _ OEL4/L NOT
N89"25 19?► v 5171?OYJ LYJ7l I I R2 SCALE- .7
7NOM.45 f. '? ZS9.51'
21 3-\� c c
HAL1'EASO1v M_'C'.\ J
C} /
P-1x45 ;. = b I I-_ ' BLDG. } o \o\ i- I N6932a4� •
•
ti
A PLETON = h o • ■->t rep; w .23•SLIFV,c� = GARAGE '''g'''''' /'7. ./ 60' PUBLIC CUL
�0 4 33' 210.944 r.FT.t =C:71:00 i.off iDE SAC EASEMENT•c,,,, \ \ \;.
2 r
v.,.,. BLDG. } t BLDG. S66-I 57 29133 I
WraiH811111T11 ! �mA.RYDE�
r-' -1 - GARAGE o
NORTH IS REFERENCED TO THE SOUTH LINE OF -
THE NORTHWEST 1/4 OF SECTION 21, TOWNSHIP .. m ? r i---� - p�133'F _RD. (66)
18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, Cj : = c, ■ S8Y 12 J9'W I r
WINNEBAGO COUNTY, WISCONSIN, WHICH IS o I
ASSUMED TO BEAR N89'42'391. I I �r i i 133'
�, 5 r,T„-t - ti UNPLA 1 I ED LANDS
I,_ "� - MICHAEL & CARIE PORTZ
WEST 1/4 CORNER �' 'N?../ 209,9 L *
S£CTION 27-1B-16 �-o "�
$? �" S89"47 39I o
718.24" 2018.25"
N89-42:39 E 2736.49 0
�7 'LlY�'-(C.T_H_-1- 100'- CENTER OF -
�o i/ // /o /l! S£CTfON 21-18 16
�` --:6$a/ /L UNPLATTED LANDS
OMAS F. HAL ON, BLS-14-45 DATED _ 501.17H LINE OF 17-/E NORTHWEST
CAROW LAND SURVEYING CO_, INC_ 1/4 OF SECT70N 27-18-16
615 N. LYNNDALF DR_, P.O. BOX 1297
APPLETON, WISCONSIN 549 12-1297
PHONE: (920)731-4168
A9612.22-1 1 TFH 9-6-11
SHEET 1 OF 5 SHEEN
EXHIBIT 3
1 C, R2YI"Th'D suRvErY MAP NO.( <, ? 7
BEING A/I OF LOT 4 OF CERTIFIED SURVEY AMP NUMBER 4748 AS RECORDED IN IbL UAaE 1 OF
CERTIFIED SURVEY U4PS ON PAGE 4748, LOCATED IN THE SOUTHWEST 1/4 OF THE NO/?77/WEST
1/4 OF SECTION 21, TOWNSHIP 18 NORTH, R4NCE 16 EAST,, CITY OF OSHKOSH, WIN/VEE.ACO
COUNTY, WISCONSIN.
CURVE TABLE:
CENTRAL ARC CHORD CHORD
CURVE RADIUS ANGLE LENGTH BEARING LENGTH TANGENT BEARING
C I 67-00 90.33'02" 105.89 S45-33'52'E 95.21 N89-09'37"E 9001721"E
C2 179.00 08.08'24" 25.43 503'46'51-v) 25.41 500-17'21"E 50751'03`5
C3 179.00 07'05'44" 22.17 S03•15'31"W 22.15 90017'211 S06'48'23"5
C4 179.00 01'02'40" 3-26 50719'45W 3.26 506.48'23-8 507'51'03"W
CS 245.00 08'0824- 34.81 S03"46'51'\4 34.78 S07-51'03"w SOO-17'21"E
C6 245.00 23'56'36" 100.96 512'05'39 1 100.25 90017'21"E S23'53'57 E
C7 179.00 23'56'14" 74.78 S11'55'50`E 74.24 S23•53'57"E 900-02'17"W
LOT 1 CSA■ /4748
AS99-09 37T 306.53' �., LEGEND.-
�}- .P c; ;\ G = 3/4° X 18' SOLID ROUND IRON REBAR
2 o A ` SET, WEIGHING 1.502 LBS. PER LIN. FT. i
ti I�, I i-° ® = 3/4° SOLD ROUND IRON REHAR FOUND
2 -' (•• ,4C' + g = BERNTSEN MONUMENT FOUND)
o o = P.K. NAIL FOUND
T 4 rn ti .. = MAC NAIL SET IN ASPHALT
`^T C...3 EX
0 = POSTING CHISEL CROSS
•
i g i OWNERS OF RECORD:
- - \ g . WYLDEWOOD VILLAGE APARTMENTS, LLC
I
WYLDEWOOD VILLAGE APARTMENTS I. LLC
o^ 2 . - _ _ -g e EASEMENTS FOR UTILITIES, INGRESS R EGRESS
AND DRAINAGE 70 BE RECORDED BY SEPARATE
n� g �a - - �g INSIRUMENT.
- - - - - -q o__ "� TAX PARCEL NO: 90632100000 i
. T I .-yo TT I T I �=
ILIM*: y
PHIC SCALE- I- = 200'
-�� 100 San
kII 200 O 200 400
N� o I I 1?CENT OF
I
ti SECTION 21-18-16
S89'42:391Y -036.17"
215.93' - 1°- 2520.56, ',1..w.�`uu�i�„
- - - - to N89"-F2397- - - 1736.49' -`�\�,,.....- i ',
I . _-•_ _ AVE. (c,T'.E 1'p) = -- THOMAS F. '/E
�iii57 1/4 CORNER
= HALVEP50N
SECT70N 21-18-16 SOUTH LINE OF TILE NOR7777 ES7
1/4 OF SECTION 21-1B 76 S-1445
mo'-.A PPLE TON, -
Itip- ''
WIS. E 1- .0e_
,I Z / V Rv j
NORTH IS REFERENCED TO THOSE BEARINGS SHOWN ON THOMAS F. HALVERSON RLS-14-45 DATED 1
CERIIFIED SURVEY MAP NUMBER 4748 AS RECORDED IN CAROW LAND SURVEYING CO., INC.
VOLUME 1 OF CERTIFIED SURVEY MARS ON PAGE 474-8, 615 N. LYNNDALE DR., P.O. BOX 1297
LOCATED IN THE NORTHWEST 1/4 OF SECTION 21, APPLE TON, WISCONSIN 54912 1297
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF PHONE (920)731-4168 •
•
OSHKOSH, 14'INNEBAC-0 COUNTY, WISCONSIN. A9612.22-11 DATED: 9-12-11 •
DRAFTED BY: NET
i .
SHEET 1 OF 4 SHELIS
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