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Home My WebLink AboutWyldewood Village Apts/Cross Access Agreement CROSS ACCESS AGREEMENT Documerl Title DOCUMENT NO — REGISTER'S OFFICE WINNEBAGO COUNTY, Wi t } — RECORDED Pfd THIS AGREEMENT is made and entered into this 1`C1 day of October,2011,by and between Wyldewood Village Apartments, LLC, a Wisconsin limited liability company ItRl .d'`' I2 :�tc.`e?P')c4 ("Wyldewood") and Wyldewood Village Apartments II,LLC, a Wisconsin limited liability JULIE PAGE. company("Wyldewood II"). REGISTER OF DEEDS RECORDING FEE 3 . RECITALS TRANSFER FEE $ OF PAGES 6 1.01 Wyldewood is the owner in fee simple of the following described real estate(the "Wyldewood Parcel"): Recordin.Area 4 One (1) 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 NAME AND RETURN ADDRESS 4 of Certified Survey Map Number 4748 as recorded in Volume 1 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) 1.02 Wyldewood II is the owner in fee simple of the following described real estate(the Parcel Identification Number(PIN) "Wyldewood II Parcels"): Parcel l Lot Two(2)of CERTIFIED SURVEY MAP NO. 6577 filed in Volume l 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 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 906-3210-02-00) 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 II currently have identical ownership. 1.05 The Wyldewood Parcel and the Wyldewood 11 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 parking areas on the Wyldewood Parcel and the Wyldewood II Parcels are connected by private roadways which provide access between Wyldewood Village Apartments and Wyldewood Drive(the"Private Roadways"). A copy of a map showing the location of the Private Roadways is attached as Exhibit 2 of this Agreement. 1.07 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 II Parcels. ( 0 1.08 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 dedicating easements for the use of the Private Roadways for ingress and egress between the Wvldewood Parcel and Wyldewood II Parcels and for ingress and egress between the Wyldewood Parcel,the Wyldewood 11 Parcels and Wyldewood Drive 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. The owner of each Parcel hereby grants to the owner of the other Parcels (including such owners's tenants, employees, contractors, guests and invitees) a perpetual,non-exclusive easement for ingress and egress over those areas of the Wyldewood Parcel and the Wyldewood I1 Parcels located within the Private Roadways. The easements granted by this Agreement shall be for ingress and egress between the Wyldewood Parcel and the Wyldewood 11 Parcels and for ingress and egress between the Wyldewood Parcel, the Wyldewood 11 Parcels and Wyldewood Drive. 2.03 Limitation of Use. The Private Roadways shall be used solely for ingress and egress purposes and shall not be used for the parking of vehicles or any purpose that interferes with the free flow of motor vehicles within the Private Roadways. 2.04 Future Maintenance, Repair and Replacement. The owner of a Parcel shall maintain the portions of the Private Roadways on the owner's Parcels in a good, safe and serviceable condition at all times,including the prompt removal of accumulations of snow and ice. 2.05 Responsibility for Damages. Notwithstanding anything contained in this Agreement to the contrary,the owner of a Parcel or the owner of each of the Parcels shall be responsible for any damage to the Private Roadways 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 Roadways caused by vehicles using the Private Roadways in connection with the construction of improvements on the Parcel of the owner. All such damage shall be promptly repaired in a good and workmanlike manner a the expense of the responsible owner. 2.06 Failure to Perfonn. 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 perfonn 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. 2.07 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/100 Dollars($1,000,000.00)providing limited liability insurance coverage for such owner's use of the Private Roadways. 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 maintenance,repair or use of the Private Roadways. 2.08 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 Roadways for ingress and egress 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 the parking of vehicles or the placement of temporary or permanent obstructions in the Private Roadways by their tenants, employees, contractors, guests and invitees. -2- 2.09 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 0 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 11 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 Il 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. 2.1 1 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 ll Parcels and shall be binding upon and inure to the benefit of all future owners of the Wyldewood Parcel and the Wyldewood II Parcels and their respective successors, transferees and assigns. 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 Il, LLC, a Wisconsin limited liability company By Midwest Realty Management,Inc, its Manager r By: Rodney R. Oilschlager,President Attest: William P.Mark,Vice President -3- 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 instru t and acknowledged the same. igg � c Notary Public, State of sin,( •� r_. My Commission expires: /S /z3/ /14 -/1 e%' 4 4 .. This instrument was drafted by: Russell J. Reff,Attorney-at-Law 217 Ceape Avenue, P.O. Box 1190 Oshkosh, WI 54903-1190 -4- EXU Bl'1' 1 . cERTIP7,6,D SURVEY MAP NO. ._ 2 BEING ALL Of LOT 4 OF CERTIFIED SURVEY MAP NUMBER 4748 AS RECORDED IN VOLUME 1 OF CER77F7ED SURVEY MAPS ON PAGE 4748, LOCATED IN THE SOUTHWEST 1/4 OF THE NOA7HWEST 1/4 OF SECTION 21, TOWNSHIP 18 NORTH, RANGE 16 FAST, CITY OF OSHKOSH, WINNEBAGO j COU/VTY,, WISCONSIN. CURVE TABLE: CENTRAL ARC CHORD CHORD CURVE RADIUS ANGLE LENGTH BEARING LENGTH TANGENT BEARING C 1 67.00 90'33'02" 105.89 545-33'52'E 95 21 989'09'371 500'17'21"E C2 179.00 08'08'24" 25.43 503'46'51"W 25.41 SOO'17'211 SO-T-51'03°W C3 179.00 07'05'44" 22.17 S03'15'31"W 22.15 500'17'21"E 506'48'23'W C4 179.00 01'02'40" 3-26 SOT 19'43"W 3.26 506'48'23"W 50751'03"W C5 245.00 08'08'24" 34.81 503.46'51-W 34-78 S07'51'03"W 500'17'21-E C6 245.00 23'56'36" 100.96 S12'05'391 100.25 SOO:17.24-E S23.53.571 C7 179.00 23'56'14- 74.78 511'55.50"E 74.24 523'53'57"E 500-02'17"W LOT 1 CSM /4748 — — ; A499-09 37 J06.53' LEGEND: c, e = 3/4' X 18- SOLID ROUND IRON REBAR T Z o r SET. WEIGHING 1.502 LBS. PER UN. FT. I ,, / h 8 = 3/4' SOLID ROUND IRON REBAR FOUND z — — �' (• AC- • N ® = 9[RNTS[N MONUMENT FOUND p = P.K. NAIL FOUND ^' 9 o>r,S ra = MAO NAIL SET IN ASPHALT n _ p „{ p ® = EXISTING CHISEL CROSS p,^1 0 ' c�w ao I L • ,n,),-, OWNERS OF RECORD: — — `O • #f rp WYLDEWOOD VILLAGE APARTMENTS, LIC r g S • ``-. WYLDEW000 VILLAGE APARTMENTS II. LLC n S`� _ - — — -g �:°� 7;"I p, Ei _•�' u b EASEMENTS FOR UTILITIES, INGRESS do EGRESS A AND DRAINAGE TO BE RECORDED BY SEPARATE ^�i"' o V wg INS IKUMENT.•0 � I --. I c" I - — — — -� o "� TAX PARCEL NO: 90632100000 -∎ . I .� II rn L I W o �. t mur i , 4 -\ L �_, „..._ 11 rik c:---_N j f J ' ,,,„,,, - - GRAPHIC SCALE- I = 200' 100 300 <I 200 0 200 400 I - - - - i I o ti CENTER OF S89-42 39"W 436.17' SECTION 21-1 B 16 215.93' — 1° 252056" .,1,..1.1.11 N11111 1,,� — - — . — — N89"42 39 — — � L27J6.49' s�1-s C-0-� ricJT 1 t COtiirE7? AVE i 5'`T. ) , • THOMAS F. '-_ SEC770N 21-18-15 SOUTH LINE OF THE NORTHWEST = :' HALVERSON s 1/4 OF SECTION 21-18-16 -.-Y: 5-14 4 5 APPLETON, •-- WIS. OP- LI Vk\11,,,,c%-k y-----y • ■ ■ -%Z / NORTH IS REFERENCED TO THOSE BEARINGS SHOWN ON THOMAS F. HALVERSON RLS-14-45 DATED CEKIIFIED SURVEY MAP NUMBER 4748 AS RECORDED IN CAROW LAND SURVEYING CO., INC. VOLUME 1 OF CER11FIE]) SURVEY MAPS ON PAGE 4748, 615 N. LYNN DALE 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 COUNTY, WISCONSIN. A9512.22-11 DATED: 9-12-11 DRAFTED BY: NET SHEET 1 OF 4 SHELIS EXHIBIT 2 J J •9 0 N _ Or , \� 'ra A•♦'♦.•a�ia''•'•:'�.�3i.�:�:!%:!*�!i!i ii:'!•!:,....t t.t. •..t. .♦�'. .'.tip •r r �i i �i�iiii i'�i'•'i:'i�i`••♦•w�••• -•�'�••♦iy ♦q♦i rid f cb ..f \ •• S•• + •••J\:KaS•... A a \ � #a•. . •i34:•:•4:•3LMw�:.. .L. � . 1yaiibJA, A •• pox \ a3 \ reer•,,..♦......p*..:•.......•s.��....�..,.s......e..:- . •...•yea,. •A•a �•: aaiuAaamad4P•!•a•0�.�..�.f'f�e.e•!='a� I 4 it �J i 0 ? ♦ i',- i ii' �o WITZEL AVE. (C.T.H. T) CAROW LAND SURVEYING CO., INC. DRAWN BY . 1 " = 130 Ilk ta 1'.. , .Vol M� 615 N. L YNNDALE DRIVE., P.O. BOX 1297 ROD••0 APPLETON, WISCONSIN 54912-1297 PROJECT NO t /' PHONE 920-731-4168 FAX 731-5673 A9612.22-1- 11