HomeMy WebLinkAboutWyldewood Village Apts/Private Easement & Shared Storm Water management Facilities PRIVATE UTILITY EASEMENT AND
SNARED STORM WATER MANAGEMENT
FACILITIES AG1 .EEMENT
DOCUMENT NO _
RE:GI STER S OFF I GE
W I$NEBAGO COUNTY. ICI
THIS AGREEMENT is made and entered into this day of October,2011,by RECORDED ON
and between Wyldewood Village Apartments, LLC, a Wisconsin limited liability company I /11 /2011 443:5F`14
("Wyldewood") and Wyldewood Village Apartments 11,LLC,a Wisconsin limited liability
company("Wyldewood 11"). JULIE PAGEL
REGISTER OF DEEDS
RECITALS RECORIDING FEE 39.ea
TRANSFER FEE
1.01 Wyldewood is the owner in fee simple of the following described real estate (the # OF PAGES 6
"Wyldewood Parcel"):
Recording Area
Lot One (1) of CERTIFIED SURVEY MAP NO. 6577 filed in Volume I of
Certified Survey Maps on Page 6577 as Document No. 1583046;being part of Lot NAME AND RETURN ADDRESS
4 of Certified Survey Map Number 4748 as recorded in Volume I of Certified ATTORNEY RUSSELL J. REFF
Survey Maps on Page 4748, located in the Southwest 1/4 of the Northwest 1/4 of P.O. BOX 1190
Section 21,Township 18 North, Range 16 East, City of Oshkosh, Winnebago OSHKOSH,WI 54903-1190
County, Wisconsin.
(Parcel Identification Number 906-3210-00-00)
l.02 Wyldewood II is the owner in fee simple of the following described real estate (the Parcel Identification Number(P/N)
"Wyldewood I1 Parcels"):
Parcel 1
Lot Two(2)of CERTIFIED SURVEY MAP NO. 6577 filed in Volume 1 of Certified Survey Maps on Page 6577 as Document
No. 1583046; being part of Lot 4 of Certified Survey Map Number 4748 as recorded in Volume 1 of Certified Survey Maps on
Page 4748, located in the Southwest 1/4 of the Northwest 1/4 of Section 21,Township 18 North,Range 16 East, City of
Oshkosh, Winnebago County, Wisconsin.
(Parcel Identification Number 906-3210-01-00)
Parcel 2
Lot Three(3)of CERTIFIED SURVEY MAP NO. 6577 filed in Volume I of Certified Survey Maps on Page 6577 as Document
No. 1583046;being part of Lot 4 of Certified Survey Map Number 4748 as recorded in Volume 1 of Certified Survey Maps on
Page 4748, located in the Southwest 1/4 of the Northwest 1/4 of Section 21,Township 18 North,Range 16 East,City of
Oshkosh,Winnebago County,Wisconsin.
(Parcel Identification Number 906-3210-02-00)
1.03 A copy of the Certified Survey Map creating the Wyldewood Parcel and the Wyldewood 11 Parcels is attached as Exhibit 1 of
this Agreement. The Wyldewood Parcel and the Wyldewood II Parcels are sometimes referred to herein as a"Parcel".
1.04 Wyldewood and Wyldewood 11 currently have identical ownership.
1.05 The Wyldewood Parcel and the Wyldewood I1 Parcels are part of a residential apartment complex known as "Wyldewood
Village Apartments",which the parties have developed and intend to continue to develop in phases.
1.06 The Wyldewood Parcel and each of the Wyldewood II Parcels is currently served or will be served by a system of public and
private sanitary sewers and water mains (the"Private Utilities"). A copy of a map showing the location of the existing and
planned Private Utilities is attached as Exhibit 2 of this Agreement.
1.07 The Wyldewood Parcel and each of the Wyldewood 11 Parcels is currently served or will be served by a system of public and
private storm water management facilities consisting of storm water pipes, swales,pond/basin, overflows and other facilities
required by the grading and drainage plan approved by the City of Oshkosh (the"Shared Storm Water M anagement Facilities").
The location of some of the existing and planned Shared Storm Water Management Facilities is shown on Exhibit 2 of this
Agreement.
1.08 The City of Oshkosh required the parties to enter into this Agreement as a condition of the approval of the Certified Survey Map
creating the Wyldewood Parcel and the Wyldewood 11 Parcels and has an interest in ensuring the requirements of this Agreement
are carried out.
1.09 The parties are entering into this Agreement for the purpose of complying with the requirement imposed by the City of Oshkosh
and for the purpose of granting easements for the use,maintenance,repair and replacement of the Private Utilities and Shared
Storm Water Management Facilities and for the purpose of setting forth the rights and obligations of the owners of the Parcels
benefitted by and subject 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 Easements for Private Utilities. The owner of each Parcel hereby grants to the owners of the other Parcels (including
such owners,tenants, employees,contractors, guests and invitees)a perpetual, non-exclusive easement over their respective
Parcels for the construction,use, maintenance, repair and replacement of the Private Utilities. The easement rights granted
hereby shall include, without limitation, an easement for ingress and egress over such portions of the Wyldewood Parcel and the
Wyldewood I1 Parcels as may be reasonably necessary for the construction,maintenance, repair and replacement of the Private
Utilities.
2.03 Responsibility for Construction.Maintenance,Repair and Replacement of Private Utilities. The owner of the Wyldewood
Parcel and the owner of each of the Wyldewood l] Parcels shall be solely responsible for the construction, maintenance,repair
and replacement of the portions of the Private Utilities located on their respective Parcels. All Private Utilities located on the
Parcel of an owner shall be maintained in a good, safe and serviceable condition at all times. The owner of the Wyldewood
Parcel and the owner of each of the Wyldewood 11 Parcels shall be jointly responsible for the maintenance, repair and
replacement of any portions of the Private Utilities located within a public right of way. All work performed by or for the owner
of a Parcel in connection with the construction,maintenance,repair or replacement of the Private Utilities shall be performed in a
good and workmanlike manner in compliance with all applicable ordinances, codes and regulations. In the event that the City of
Oshkosh or any governmental entity performs any work on any of the Private Utilities in the public right of way, the City of
Oshkosh shall have the right to charge such costs to the owners of each of the Parcels on an equal basis, regardless of the size or
extent of development of each Parcel. Such charges may be levied either as a special charge for current services as described in
Section 66.0627 of the Wisconsin Statutes or as a special assessment as described in Section 66.0701, et seq. of the Wisconsin
Statutes, as applicable. If special assessments are levied,the City will assess abutting properties for improvements.
2.04 Grant of Easement for Shared Storm Water Management Facilities. The owner of each Parcel hereby grants to the owners of the
other Parcels(including such owner's tenants,employees, contractors, guests and invitees) a perpetual, non-exclusive easement
over their respective Parcels for the construction,use,maintenance,repair and replacement of the Shared Storm Water
Management Facilities in a manner consistent with the grading and drainage plan for the Wyldewood Parcel and the Wyldewood
11 Parcels approved by the City of Oshkosh. The easement rights granted hereby shall include,without limitation, an easement
for ingress and egress over such portions of the Wyldewood Parcel and the Wyldewood Il Parcels as may be reasonably
necessary for the construction,maintenance,repair and replacement of the Shared Storm Water Management Facilities.
2.05 Shared Storm Water Management Facilities Maintenance Agreement. The owner of each of the Parcels shall have a joint and
several responsibility to inspect,maintain,repair and replace the Shared Storm Water Management Facilities pursuant to the
Wisconsin Department of Natural Resources specifications for such facilities. The owners of the Parcels agree to enter into a
separate 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
Storm Water Management Facilities according to Department of Natural Resources specifications. In the event the responsibility
for the maintenance standards or specifications currently governed by the Wisconsin Depai tment of Natural Resources is moved
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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 Storm Water Management Facilities in the event
other responsible parties fail or refuse to perform those obligations. In the event the City of Oshkosh exercises these rights, then
the costs for such work shall be charged equally to the owners of the Parcels subject to this Agreement pursuant to Section
66.0627 of the Wisconsin Statutes. The owner of each Parcel acknowledges that they are directly benefitted by all of the Shared
Storm Water Management Facilities as a system and will therefore benefit from all inspections, maintenance and repairs to the
system regardless of whether the inspection,maintenance or repairs are performed on the Parcel they own. The owner of each
Parcel also grants to the City of Oshkosh such easements as may be necessary to inspect,maintain and repair, if necessary, any of
the Shared Storm Water Management Facilities.
2.06 Allocation of Costs Related to Shared Storm Water Management Facilities. All costs incurred for the inspection, maintenance,
repair or replacement of the Storm Water Management Facilities shall be shared by the owners of the Wyldewood Parcel and the
Wyldewood lI Parcels in proportion to the number of apartment units on each of the Parcels that are completed and authorized to
be occupied at the time the expense is incurred.
2.07 Responsibility for Damage. Notwithstanding anything contained in this Agreement to the contrary,the owner of a Parcel shall
be responsible for any damage to the Private Utilities or Shared Stone Water Management Facilities caused by the acts or
omissions of such owner or others exercising the easement rights granted to such owner, including without limitation, damage to
the Private Utilities or Shared Stone Water Management Facilities caused by the construction of improvements on the Parcel of
the owner. All such damage shall be promptly repaired in a good and workmanlike manner at the expense of the responsible
owner.
2.08 Failure to Perform. In the event the owner of a Parcel fails to perform any obligation of such owner under this Agreement within
a reasonable time after receipt of a written demand, the owner of the other Parcels shall have the right, but not the obligation, to
perform such obligation, and to charge the reasonable cost thereof together with interest at the rate of twelve percent (12%)per
annum until payment is received,to the owner in default. The easement rights granted hereunder specifically include the right to
enter upon the Parcel to perform the maintenance,repair and replacements authorized by this Agreement.
2.09 insurance/Indemnification. The owner of a Parcel shall secure and at all times maintain a policy of public liability insurance with
an aggregate policy limit of not less than One Million and no/l00 Dollars ($1,000,000.00)providing limited liability insurance
coverage for such owner's construction,use, maintenance, repair and replacement of the Private Utilities and Shared Storm
Water Management Facilities. The owner of each Parcel agrees to indemnify and hold the owners of the other Parcels harmless
from any and all liability for injuries to, or death of, any person and for loss or damage to any property, including all costs and
expenses incidental thereto, arising from or in connection with any act or omission of such owner(or others for whose conduct
such owner is responsible)related to the construction,use,maintenance,repair or replacement of the Private Utilities or Shared
Storm Water Management Facilities.
2.10 Reasonable Use. The owner of each Parcel agrees to cause the easement rights granted to such owner under this Agreement to be
exercised in a reasonable manner so as to avoid any unnecessary interference with the use of the Private Utilities or Shared Stone
Water Management Facilities by the owners of the other Parcels and their respective tenants, employees, contractors, guests and
invitees. The owner of a Parcel shall be obligated to take such actions as may be reasonably necessary to prevent any
interference with the use of or damage to the Private Utilities or Shared Storm Water Management Facilities by their tenants,
employees, contractors, guests and invitees.
2.11 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.
2.12 Amendment. This Agreement may be modified, amended or terminated by an instrument executed by all of the owners of the
Wyldewood Parcel and the Wyldewood Il Parcels and consented to in writing by the City of Oshkosh and each mortgagee
holding a mortgage or similar lien on any portion of the Wyldewood Parcel or the Wyldewood I1 Parcels. Any modification,
amendment or termination of this Agreement shall be properly recorded in the Office of the Register of Deeds for Winnebago
County, Wisconsin.
2.13 Binding Effect. Except as otherwise expressly provided in this Agreement, the rights and obligations established by this
Agreement shall be perpetual, shall run with the Wyldewood Parcel and the Wyldewood 11 Parcels and shall be binding upon and
inure to the benefit of all future owners of the Wyldewood Parcel and the Wyldewood 1] Parcels and their respective successors,
transferees and assigns.
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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
WYLDEWOOD VILLAGE APARTMENTS II; LLC,
a Wisconsin limited liability company
By Midwest Realty Management, Inc, its Manager
By: (1 "�e-,
Rodney R. Oilschlager, President
ttest:
William P. Mark, Vice President
STATE OF WISCONSIN)
)SS
WINNEBAGO COUNTY)
Personally came before me this t- day of October, 2011,the above named Rodney R. Oilschlager and William P. Mark,to me
known to be the persons who executed the foregoing ins . e ,and acknowledged the same.
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\-\ ` otary Public, Star of Wisp :in
mo t , . My Commission expires: ( 2.f 1yte _i
EXHIBIT 1
CERTI_FIED SURVEY ilLelP WO b____5_22
BEING ALL OF LOT 4 OF CERTIf7ED SURVEY A-1..4P NUMBER 4748 AS RECORDED IN VOL CIA -- 1 OF
CER72f7ED SURVEY A-PAPS ON PAGE 4748, L OC4 TED IN 7HE SOUTHWEST 1/4 OF THE NOf?THWEST
1/4 OF SECTION 21, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINIVEPACO
COUNTY, WISCONSIN.
CURVE TABLE:
CENTRAL ARC CHORD CHORD
CURVE RADIUS ANGLE LENGTH BEARING LENGTH TANGENT BEARING
C 1 67.00 90"33'02" 105.89 S45-33'52'E 95.21 N89-09'37"E SOD'17'21"E
C2 179.00 08'08'24" 25.43 503'46'51'W 25.41 SO0-17'21"E SOTS 1.03-W
C3 179.00 07'05'44" 22.17 S03-15'31"W 22.15 S00'17.21"E S06.48.23"W
C4 179 00 01.02'40" 3.26 50719'455 3.26 S06'48'23"W 50751'03"W
C5 245.00 08.08'24" 34.81 S03-46'51"W 34.78 S07.51'03-W SOO'17'21-E
C6 245.00 23'56'36° 100.96 512-05'39"E 100.25 500'17'21-E S23-53'57-E
' C7 179.00 23'56'14" 74.78 511'55'50"E 74.24 S23.53'57 1 S00.02'I7°W
LOT 1 CSA ,s'4748
AsB9-09:37 Z-- J06.5 3" LEGEND-
.D `i e = 3/4° X 10° SOLID ROUND IRON RERAN
SET, WEIGHING 1.502 LBS. PE7R LJN. FT.
�� \° ti E1 ,1 J� ® = 3/4° SOLID ROUND IRON REBAR FOUND
q-- - - o (- AC £54 ;� g ,9 = BERNTSEN MONUMENT FOUND
r° o \, o = P.K. NAIL FOUND
I I _' • o.p ' = WAG NAIL SET IN ASPHALT
I - - - -. r. , :k v.. .4%� : N^-f C ® = EXISTING CHISEL CROSS
I t c�op
o '`c� OWNERS OF RECORD:
I • / b WY1DEW09D VILLAGE APARTMENTS, L1C
g S ( .: -L. WYLDEWOOD VILLAGE APARTMENTS 11, tic
o
. - - - -g EASEMENTS FOR UTILITIES, INGRESS & EGRESS
"., ) , ^i o I AND DRAINAGE TO BE RECORDED ELY SEPARATE
np e • a " INSIRUMENT.
,+-t- -- - °_' `1 TAX PARCEL NO: 90632100000
s -� p�
-\"". '.-C" ittrros
• Cilli.a ,.. , GRAPHIC SCALE' 1" = 200'
100 .300
~it I 200 0 200 400
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P\D I CENTER SEC770N 21 OF
7B 16
S59'42911,3 -+36.17
275.93' 1 - _
1°1 2520.56' 1�.,"\‘‘‘uv",1,
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► _._._ �. AVE. (C.7.J 'Z') = THOMAS F_'.-z-
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SECTION 21-18-76 SOUTH LINE OF THE NORTHWEST HALVERSON
1/4 OF SECTION 21-P8-16 2 '� : S-1445 .r
APPLETON,
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NORTH IS REFERENCED TO THOSE BEARINGS SHOWN ON THOMAS F. HALVERSON R LS-1445 DATED 1
CERTIFIED SURVEY MAP NUMBER 4748 AS RECORDED IN CAROW LAND SURVEYING CO., INC.
VOLUME 1 OF CERTIFIED SURVEY MAPS ON PAGE 4748, 615 N. LYNNDALE DR., P.O. BOX 1297
LOCATED IN THE NORTHWEST 1/4 OF SECTION 21, APPLETON, WISCONSIN 54912-1297
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF PHONE (920)731-4168
OSHKOSH, WINNEBAGO COUh TTY, WISCONSIN. A9612-22-11 DATED: 9-12-11
DRAFTED BY: NET .
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