HomeMy WebLinkAboutEvergreen Retirement Community/1608640100 15$, c►'93
Easement REGISTER'S OFFICE
WIHHEBAGO COUHTY, WI
Document Number Document Title RECORDED ON
11/67/2Q111 Q19:14Af
THIS INDENTURE,made this 2n4 day of ho VL'.IYlbt'1^ ,2011, JULIE PAGEL
S
by EVERGREEN RETIREMENT COMMUNITY,INC.,a Wisconsin Non-Stock REGISTER OF DEEI)
Corporation,Grantor,and CITY OF OSHKOSH,a municipal corporation,located in RECORDI HG FEE 3Q1,eel
Winnebago TRANSFER FEE
County,Wisconsin,Grantee,
II OF PAGES
WITNES SETH:
IN CONSIDERATION of the sum of One Dollar($1.00)and other good Recording Area
Name and Return Address •
and valuable consideration paid by the Grantee,the receipt of which is hereby
acknowledged,the Grantor,its successors and assigns,does hereby give and grant City Attorney's Office
unto the Grantee,its successors and assigns,and Grantee accepts,an easement over, Oshkosh,WI 54903-1130
under,and through the land hereinafter described.
1. PURPOSE: The purpose and use by Grantee of the Easement 91608640100
Property described in this document shall be for use by Grantee as Parcel Identification Number (PIN)
part of its storm water management system. Grantee will be replacing and upgrading the existing storm
water facilities which have been located on the easement property since Grantee previously conveyed
ownership of this property to Grantor.
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:
Part of the Southeast 1/4 of the Southwest 1/4 of Section 15,Town 18 North,Range 16
East,City of Oshkosh,Winnebago County,Wisconsin more fully described as follows:
Commencing at the Northwest corner of the Southeast 1/4 of the Southwest 1/4 of said
Section 15;thence North 89° 17'30"East,37.50 feet along the North line of said quarter
section to the Easterly right-of-way line of Westfield Street;thence South 1° 13'36"East,
127.39 feet along said right-of-way line to the point of beginning;thence South 40°52'
44"East,94 feet more or less to the centerline of Sawyer Creek;thence South 88°46'24"
West,60 feet more or less along said centerline of Sawyer Creek to the Easterly right-of-
way line of Westfield Street;thence North 1° 13'36"West,72.20 feet along said Easterly
right-of-way line to the point of beginning.
Containing 2,160 square feet,more or less.
Street Address: North Westfield Street,Oshkosh,Wisconsin
3. MAP: A map reflecting the location of the Easement Property is attached as Exhibit A and fully incorporated in this
document.
4. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property for Grantee's
storm water management system.
5. USE FOR STORM WATER MANAGEMENT SYSTEM: Grantee shall have the right to fully use the Easement
Property as part of its storm water management system. The Grantee intends to place an underground storm water
pipe and/or structures within the Easement Property,except for ancillary facilities related to and necessary for the
functioning of the underground pipe and/or structures,which may be on the surface. The Grantee shall have the right
to access, survey,lay,construct,use,operate,maintain,repair,replace,relocate,and/or remove storm water sewers
and/or storm water drainage facilities.
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6. MAINTENANCE:
a. Grantee shall be responsible for maintaining its Storm water drainage facilities incorporated into the Easement
Property,including the maintenance,repair,and replacement of all storm water facilities located over,under,
and through the Easement Property. The Grantee shall,after the initial construction of the storm water
management facilities grade and seed the balance of the Easement Property that has been damaged by Grantee.
After the initial construction of the storm water drainage facilities,Grantee shall be responsible for repairing the
surface of the Easement Property which is damaged by Grantee's use of the Easement Property,or after
Grantee's repair and/or maintenance of its facilities.
b. Grantor shall be responsible for all maintenance and repairs of the easement property which are not caused by
Grantee's storm water drainage facilities including,but not limited to,snow and ice removal,lawn mowing and
vegetation maintenance. Grantor shall notify Grantee and receive Grantee's approval prior to removing,
breaking,or pulverizing any hard surface recreation path,or to removing any top or subsoil.
7. INTERFERENCE WITH EASEMENT: Existing recreation paths and vegetation within the Easement Property shall
remain in a substantially similar alignment,location,and configuration unless changes are approved by the Grantee.
Prohibited new structures or improvements include,but are not limited to,temporary or permanent building
structures,driveway expansions,parking areas,trees,substantial landscaping,or fences. Grantee may add to,or
change,recreation paths and vegetation in the Easement Property with written permission from the City Board of
Public Works,and such permission shall not be unreasonably withheld. Grantor shall be responsible for the costs of
removing and replacing any improvement that interferes with the Grantee's maintenance,repair,replacement,or use
of the Easement Property. Grantor shall be responsible for the costs of removing unauthorized interferences with the
Easement Property.
8. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the construction
and maintenance rights identified herein to any contractor,third party,or other person. Assignees must demonstrate
to the Grantee that they have sufficient competence and must give adequate assurances that any work to be performed
in or around the easement shall be conducted in a skillful manner. Assignees must also protect the Grantor's interest
in the easement premises to the same extent as if the Grantee was itself performing the construction or maintenance.
9. 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.
10. TERM: This easement is being granted in perpetuity for public purposes and uses,both current and future,without
regard to the 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 the
Grantor and Grantee,their respective heirs,executors,administrators,successors,assigns,and legal representatives.
11. EXISTING EASEMENTS: One or more recorded easements may exist 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.
12. 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.
13. 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.
14. 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 the Grantor or Grantee that other parties shall acquire any rights to enforce or
benefit from through this Agreement.
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15. 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.
16. 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.
17. 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 THE GRANTOR:
Evergreen Retirement Community,Inc.
do Kenneth Arneson
1130 N.Westfield Street
Oshkosh,WI 54902
FOR THE GRANTEE:
City of Oshkosh
do Director of Public Works
P.O.Box 1130
Oshkosh,WI 54903-1130
18. AUTHORITY: The 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 the 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 the
Grantor. Grantee's written consent will be required before any additional easement or use of this easement property
by third parties is granted.
SIGNATURE PAGES FOLLOW
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STRAND
CITY OF OSHKOSH ASSOCIATES.INCA
E N G I N E E R S
WINNEBAGO COUNTY, WISCONSIN 0
FIGURE NO.1
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^ JOB # 1382-031
IN WITNESS WHEREOF,said Grantor has hereunto set their hand and seal the day and year first above written.
EVER REEN RETIRE ENT COMMUNITY, INC.
By: I
Kenneth Arneson,President&CEO
By: / €YI PI e-r�'t /'4 '€∎SO f/1 c E V
(print name) (title)
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this 011 day of 11 ", 2011, the above named Kenneth Arneson,of Evergreen
Retirement Community,Inc.,to me known to be such person who executed the foregoing instrument and acknowledged the same,
for the purpose herein contained.
b:A Notary Public, ebago Cou ty,W} onsm
My Commission expired: q�26 (,1 ( `2,
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this day of ,2011,the above named of
Evergreen Retirement Community, Inc., to me known to be such person who executed the foregoing instrument and
acknowledged the same,for the purpose herein contained.
Notary Public,Winnebago County,Wisconsin
My Commission expired:
CITY OF OSHKOSH
By: _ % /l
M. ° •.Rohloff, City Manag:
`Pamela 1gMj
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this ' day of /VOA 2011,the above named Mark A.Rohloff and Pamela R.
Ubrig of the City of Oshkosh,to me known to be such per ons who execut-, the foregoing instrument and acknowledged the
same,for the purpose herein contained. 1
A _
Not. 'ublic,Winnebago County,Wisconsin
,j; My Commission expired: a-,_)c/- 1,-j
API OVED AS TO F • :
*ILL/ a
.Lorenson, Attorney
July 29, 2011 4