HomeMy WebLinkAboutAmerican Transmission Company/1315130100 Easement
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
Document Number Document Title RECORDED ON
11/21/2911 419:43Af
THIS INDENTURE,made this '1 fh day of /VC tiC v be.I^ ,2011, JULIE PAGEL
by CITY OF OSHKOSH, a municipal corporation located in Winnebago County, REGISTER OF DEEDS
Wisconsin, Grantor, and AMERICAN TRANSMISSION COMPANY, LLC, a RECORDING FEE 3€1.00
Wisconsin Limited Liability Company,Grantee: TRANSFER FEE
•
IN CONSIDERATION of the sum of One Dollar($1.00)and other good OF PAGES S
and valuable consideration paid by the Grantee,the receipt of which is hereby Recording Area
acknowledged,the Grantor,its successors and assigns, does hereby give and grant Name and Return Address
unto the Grantee, its successors and assigns, and Grantee accepts,an easement over,
under,and through the land hereinafter described. City Attorney's Office
Oshkosh,WI 54903-1130
1. PURPOSE: The purpose and use by Grantee of the Easement Property
described in this document shall be for use by Grantee for ingress 91315130100
and egress purposes so that they may access Grantee's adjacent
transmission lines and related facilities. Parcel Identification Number (PIN)
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:
A strip of land,25 feet in width,being the south 25 feet of Lot 303,2nd Addition
to Westhaven subdivision, located in the NE 1/4 of the SW 1/4 of Section 28,
Township 18 North,Range 16 East,City of Oshkosh, Winnebago County,
Wisconsin,being more particularly described as:
Commencing at the Center of said Section 28;thence S89°-23'-37"W,along the
north line of said SW 1/4 of Section 28,242.33 feet to the northerly extension of
the east line of said Lot 303;thence S00°-47'-43"E, along said northerly
extension,0.61 feet to the northeast corner of said Lot 303;thence continuing
S00°-47'-43"E, along the east line of said Lot 303, 1046.46 feet to the the
southeast corner of said Lot 303 and the Point of Beginning of this description;
thence S78°-49'-21"W,along the south line of said Lot 303,319.42 feet to the
southwest corner of said Lot 303, said point being on the arc of a curve to the
left, said curve having its radius point bearing westerly,465.05 feet, said curve
also being along the easterly right-of-way line of Maricopa Drive;thence
northwesterly 25.01 feet along the arc of said curve,the long chord of which
bears N12°-43'-07"W,25.01 feet;thence N78°-49'-21"E,324.67 feet to the east
line of said Lot 303;thence S00°-47'-43"E,along said lot line,25.42 feet to the
Point of Beginning and the end of this description; containing 8,048 square feet,
or 0.185 acre of land.
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 ingress and
egress purposes relating to Grantee's adjacent transmission lines and related facilities.
5. USE FOR ACCESS: Grantee shall have the right to fully use the Easement Property for ingress and egress purposes
so that Grantee may access their adjacent transmission lines and related facilities. Grantee shall not have the right to
install or construct any buildings,structures, or transmission lines or facilities over,under,or on the Easement
Property. Grantee may install or insert any surface material, including without limitation gravel or asphalt,on the
easement property only with the written approval of the Grantor.
September 22, 2011 1
6. MAINTENANCE:
a. Grantee shall be responsible for all repairing the surface of the Easement which is damaged by Grantee's use of
the Easement Property.
b. Grantor shall be responsible for all ongoing maintenance and repairs of the Easement Property which are not
caused by Grantee's use of their easement rights.
7. INTERFERENCE WITH EASEMENT: Grantor shall be prohibited from constructing or installing new structures or
improvements in the Easement Property which include,but are not limited to,temporary or permanent building
structures,driveway expansions,parking areas,trees,substantial landscaping,or fences. Grantor retains the right to
plant trees along the south edge of the Easement Property provided such planting does not materially interfere with
the Grantee's use of 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 only for the period in which Grantee retains adjacent transmission lines and
related facilities. Grantee agrees to release their rights pursuant to this Easement when Grantee ceases to use the
adjacent transmission lines and related facilities. For the purposes of this Easement, Grantee will be considered to
have ceased to use the adjacent transmission lines and related facilities if they are not continuously used for a period
of at least twelve(12)months.
11. EXISTING EASEMENTS: One or more recorded easements may exist which relate to or affect the Easement
Property. This easement is subject to any 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.
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
September 22, 2011 2
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:
City of Oshkosh
c/o Director of Public Works
P.O.Box 1130
Oshkosh,WI 54903-1130
FOR THE GRANTEE:
American Transmission Company,LLC
c/o Teresa M.Kochaver,Manager,Real Estate
P.O. Box 6113
DePere,WI 54115-6113
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.
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
SIGNATURE PAGES FOLLOW
September 22, 2011 3
IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
CITY OF OSHKOSH
By: 4:°- ' ."'ii/
Mar . Rohloff,City Mana r, UrD C-C
By: `v
Pamela R.Ubrig, City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this '7'h day of I ve'm 6e( , 2011,the above named Mark A. Rohloff and Pamela R.
Ubrig of the City of Oshkosh,to me known to be such p sons who exe ted the foregoing instrument and acknowledged the
. same,for the purpose herein contained. ,
Notary Public, Winnebago County,Wisconsin
My Commission expired:_ - -(../1-13 _
APP/OVED AS TO F`RRM:
L . Lorenson, Attorney
AMERICAN NSMISSION COMPANY, LLC
By: (,tli,t4 Q k.io Cji C.171-'\
Teresa M.Kochaver,Manager,Real Estate
STATE OF WISCONSIN )
)ss.
BROWN COUNTY )
Personally came before me this /51- day of/pp frga_, ,2011,the above named Teresa M.Kochaver, to me known
to be such person who executed the foregoing instru nd le•.�. re s.' e,for the purpose herein contained.
Not ry Public, '.-. _• _. County,Wiscon,,s��', �6�i4Qy1/4 awn!)
My Commission expireit: //,1,(&'/9 , ' p.�e�
/111w1Z2/ 11 A. 64(1.5T =* .....*0 es.
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September 22, 2011 4
File: L'\work\60788754\000_G600\SURVEY\WnMaren_oreo\ATC_evsementdrq rune: Sep r4,2011 — I14uom
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„ 589'23'37"W, 2698.95'
N.LINE OF S.W. i/4,SEC.28,T.18N. R.18E._
// ...._. ......_ CENTER
18N,R.16E
/ 889'23'36-E,244.30' (LOT LINE) S89'23'37 W, 242.33'
',/ (LOT UNE 5 SOUTH OF � 1 (FOUND ALUM,DISK)
W. 1/4 CORNER OF /' //,,,,/,,,_'
THE 1/4 SEC.UNE)
N.E COR.OF LOT
•
SEC.28,7.18N.,R.16E. 80• %� 303 IS 000'47'43"E,
(FOUND CHIS.'X') 4' , 0.61'FROM SECTION
�/ /� UNE INTERSECTION.
f
// / ' k LaJ FOUND 2'I.P.
/� /%�'� Z 0.31'N.&0.22'E.OF
/��,. LOT COR.
ti i E3
' a sIo
// 42' /'' 1- ';Wi
/ �� // J I N O -lur
//' / C) O
y' 4) a
%/ ! _1 W 0
.� L R=366.00'
\ ` L-280,96'
, �IP \\\ \ I ANG=43'39'01' i01
LC N29'1 5'D I'VI itni
/�� ,, \� \ 274.11• ` _ '-
‘\ 1 o c
�'' Fy S. 1/4 CORNER OF SEC.
\N \ 11
\\ \. ASPHALT 28,T.18N.- R.16E
(FOUND CRS.'X
e\. \
/ C..1., AA„ 1I, PARKING
1 i 1
I i \ vcV. 1, / / r s
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1. c".%/'
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,,i ,' ._ PROPERTY UNE 1`,j. ", 3 LEGAL DESCRIPTION
•(I 969"2.7'E,285.23' o ;r' o
'll ,,'I a /T= .,I-° a Proposed Ingress-egress Easement for American
Ili ' f -> >CO Transmission Company Through Storm Water Pond
LOT 303 .TL•I Parcel, Oshkosh, WI
I '/L �; 2ND ADD'N TO a A strip of land, 25 feet in width, being the south 25
;I + MV ? - feet of Lot 303, 2nd Addition to Westhaven subdivision,
��� „!' I,I °' located in the NE 1/4 of the SW 1/4 of Section 28,
_ j . � � ,`.. Township 18 North, Range 16 East, City of Oshkosh,
ell/ i I x 3 "', Winnebago County, Wisconsin, being more particularly
�' Iii E 0'-'o C described as:
/ �('" �,
/ "�i i/ �_ 5_ Commencing at the Center of said Section 28;
1/ R = 56s.(FC,' 5 5 thence S89'-23'-37'W, along the north line of said
'��/ U !/' L=389.92 Y SW 1/4 of Section 28, 242.33 feet to the norther)
\ /. 1 ANC=51.02'27" v 1 1 I g / northerly
�/ %/ Lc = s<3-1s'4_'w extension of the east line of said Lot 303;
' V//'%� 5''1.'4' ..=_ d thence SOD'-47'-43"E, along said northerly extension,
v 0.61 feet to the northeast corner of said Lot 303;
\ 1 % '?` i ' i thence continuing S00'-47'-43"E, along the east line
�/ J<+ // UTILITY EASEMENT ^.`,''
of said Lot 303, 1046.46 feet to the the southeast
\ �,Z,P i 'i 2 corner of said Lot 303 and the Point of Beginning of
rj this description;
�^ y�`� �, r' thence S78'-49'-21'W, along the south line of said
C =r! Lot 303, 319.42 feet to the southwest corner of said
0 O`o Lot 303, said point being on the arc of a curve to
Ill i the left, said curve having its radius point bearing
`, I I 81 westerly, 465.05 feet, said curve also being along the
^t EASEMENT AREA = 42'------rt-I ; .i easterly right-of-way line of Maricopa Drive;
\�■, . \\\;;',,t,. ;o too' 'S thence northwesterly 25.01 feet along the arc of said
8,048 SQ. FT., OR I I 8j curve, the long chord of which bears N12'-43'-07'W,
�' : I 25.01 feet;
no 0.185 ACRE I >
x=- I thence N78'-49'-21"E, 324.67 feet to the east line of
�\ '� LOT 3019_,8-r 0 c said Lot 303;
If \\ -R= 465.05' .
p 6e.a" I thence 500'-47'-43"E, along said lot line, 25.42 feet
1 490= zo"20''3" FOUND 2' I I to the Point of Beginning and the end of this
i LC ..521'20'49'F. I.D. I.P.AT
\\ 164.21" CORNER ( 3 feet to description;8,048 square feet, or 0.185 acre of land.
\\,v N I. 1
`\ 60 �,�PROpOSED w 324.67' ..,,,,*._L S00'47'43"E.
;`` LOT Iitr
78 49'21"E /i/ ' 1' 25.42'
FOUND 1'LD.I.P. `\ 1, N
0.04'N. k 0.35' E \ t;---.7'_—t Is*
OF CORNER ,I ,I ��_ ES 1 i 1!I F i ' ; 1 I
13'1.1. ` ,1 LOT 304 -g _
3�P
, ASPH.DRIVEWAY 2 S
(; R = 465.05'
I L = 25.01'
CRESTV EW DR.
0,___,i I ANG = 03'04'54"
` LC = N12'43'07"W,
���i I!I 25.01'
t1 NOTE THIS DRAWING DOES NOT CONSTITUTE A SURVEY AS DEFINED 08
! :T
I SECTION 7.02 OF CHAPTER A—E 7 OF THE WISCONSIN ADMINISTRATNE
N i IiA CODE.
NORTH S REFERENCED TO NE WIS.
illSTATE PLANE COORO. SYSTEM,SOUTH
ZONE.8,D 83(2007),WITH THE NORTH SEPTEMBER 13, 2011
UNE OF THE SW 1/4 OF SECTION 28 PREPARED a., -
HAVNG ABEARING OF 589'23'37'W. PREPARED OF EASEMENT
SCALE M ID /'LPTO/'■ PROPOSED
TH
FOR CITY E ACCESS FOR 1/4 4 ATC
PART OF THE NE 1/4 OF THE SW 1/4 OF
SECTION 28, 7.18N., R.16E.,
alas TECHNOLOGY PAWN,/ s.Eern,c"r.WI s�wa -em.eesi*1 CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN