HomeMy WebLinkAboutQuit Claim/City Center Assc of Condo Owners/0100600000 Quit Claim Deed REGISTER'S OFFICE
yr/-/69�s WINNEBAGODCO U , WI
NTY
RECORDED
Document Number Document Title
12/09/2011 12:49PM
CITY CENTER ASSOCIATION of CONDOMINIUM OWNERS,INC.,A JULIE PAGEL
Wisconsin Corporation,Grantor,quit claims to CITY OF OSHKOSH, a Wisconsin REGISTER OF DEEDS
municipality, located in Winnebago County,Wisconsin, Grantee, the following
described real estate in Winnebago County, State of Wisconsin,subject to the RECORDING FEE 30.00
TRANSFER FEE
Covenants and Restrictions attached hereto: #26
# OF PAGES 7
That Part of"City Center", a Wisconsin Condominium, located in the Southwest
One-Quarter(SW1/4)of Section 24, T18N-R16E, City of Oshkosh, Winnebago
County, Wisconsin, described as follows: Recording Area
Name and Return Address
Commencing at the West One-Quarter(W1/4)corner of said Section 24, T18N-
R16E; thence S01°17'23"E, 849.76 feet along the west line of the SW1/4 of said City Attorney's Office
section 24; thence N88°42'37"E, 36.42 feet to the intersection of the east right- Oshkosh,WI 54902-1130
of-way of Jackson Street and the northerly U.S. Harbor Line of the Fox River,
that also being southwesterly corner of said "City Center"and the Point of
Beginning; thence N01°25'16"W, 97.43 feet along the east right-of-way of Jackso 901-0060-00-00
Center"; thence N88°34'44"E, 13.00 Parcel Identification Number(PIN)
feet; thence S01°25'16"E, 91.85 feet parallel to the east right-of-way of Jackson
Street and the west line of"City Center"; thence S69°42'36"E, 5.39 feet parallel
to the U.S. Harbor Line and the southerly line of"City Center"; thence
S20°17'24"W, 10.00 feet to a point on the U.S. Harbor Line and the southerly line of"City Center"; thence N69°42'36"W,
15.40 feet along the U.S. Harbor Line and the southerly line of"City Center"to the Point of Beginning. Said description
containing 1,334 square feet or 0.031 acres more or less.
This is not homestead property.
Dated this 2nd day of December, 2011.
CITY CENTER ASSOCIATION of CONDOMINIUM OWNERS,INC.
Jef,. ey . 'auly, ' es•e
AUTHENTICATION
Signature of Jeffrey E. Pauly,President, City Center Association of Condominium Owners, Inc.,is authenticated this 2nd
day of December, 2011.
e
Lynn Lorenson
Title: ember, State Bar of Wisconsin
This instrument drafted by:
Lynn A. Lorenson, City Attorney
Oshkosh,WI 54903-1
al?
COVENANTS AND RESTRICTIONS
By acceptance of this Deed, Grantee agrees that the Property shall be subject to each of
the following covenants and restrictions which shall run with title to the Property and shall be
binding upon and inure to the benefit of Grantor and Grantee and their respective transferees,
successors and assigns:
1. Use of the Property. The Property shall be used solely by Grantee as part of its
riverwalk system consisting of a sea wall, walkway, docks, piers, gangways, pedestrian bridges,
railings, lighting standards, bollards, benches, trash receptacles, signage and landscaping
("Riverwalk"), including the right to construct, preserve and maintain the Riverwalk for use by
pedestrians, bicycle traffic and physical access to the shore for boat and/or canoe/kayak or
similar tie ups for the benefit of Grantee and the general public. The uses by the general public
may also include City sponsored or City permitted special events such as art walks, walks/runs
and other similar events that do not have a substantial adverse effect on the adjacent commercial
property owned by Grantor currently and known as City Center("City Center")or its occupants.
2. Construction of Riverwalk. Grantee shall construct the Riverwalk as funding
permits. Grantee shall make commercially reasonable efforts to schedule, sequence and
complete all construction in a manner that does not unreasonably interfere with the use,
occupancy or enjoyment of City Center_ All contractors performing services in connection with
the construction, maintenance or repair of the Riverwalk shall have sufficient competence and
shall provide adequate assurances that any work to be performed in or around the Property will
be performed in a good and workmanlike manner. When work to be performed requires the use
of Grantor's property, Grantee shall require any contractors performing such work to maintain
and provide Grantor with written documentation of acceptable liability and worker's
compensation insurance coverage.
3. Conformity with Plans and Specifications. The initial construction of the
Riverwalk shall conform in all material respects with the plans and specifications as shown on
attached Exhibit A. Grantee agrees to consult with Grantor prior to making any substantial
changes to the improvements on the Property. Grantee shall have the final determination when
any proposed change relates to the public health, safety or welfare. . If the proposed changes do
not have health, safety or welfare implications, the changes shall require prior written consent of
Grantor, which shall not unreasonably be withheld or delayed.
4. Landscaping. Grantee shall install the initial landscaping included in the plans
and specifications approved by the parties. Grantor shall maintain all of the landscaping
installed by Grantee. If Grantor fails to maintain the landscaping, Grantee may do so and may
invoice Grantor for all necessary and reasonable costs incurred by Grantee and may assess such
costs as a special charge as provided under Wisconsin Statutes; provided, however, that Grantee
1
shall not exercise Grantee's rights under this paragraph without first giving Grantor written
notice and allowing Grantor not less than ten(10)business days to correct such failure.
5. Additional Structures. Neither Grantor, nor Grantee shall cause or permit any
structure to be placed in the Property, except for those authorized under these covenants and
restrictions. This restriction shall not be interpreted to prevent temporary structures placed for
approved special events.
6. Maintenance by Grantee. Grantee shall be required to maintain the Riverwalk in
a good, clean and sanitary condition, free from waste or litter and other conditions that are
offensive to the public health, safety or welfare, or would have a substantial adverse effect on
City Center. If Grantee fails to maintain the Riverwalk as required by this paragraph, Grantor
may do so and may invoice Grantee for all necessary and reasonable costs incurred by Grantor;
provided, however, that Grantor shall not exercise Grantor's rights under this paragraph without
first giving Grantee written notice and allowing Grantee not less than ten (10) business days to
correct such failure. Grantor recognizes that Grantee is a municipal entity and that there may be
public bidding or other requirements which must be complied with which may take more than
ten (10) business days to complete, Grantor shall not take any action under this paragraph if
Grantee has notified Grantor within the ten (10)business days if its intention to correct and has
begun the process to initiate the corrective action needed and diligently pursues the corrective
action until its completion.
7. Continued Use. Nothing in these Covenants and Restrictions is intended to imply
that Grantor and Grantor's owners, employees, agents, tenants, guests and invitees shall not have
the same access and use the Property and the Riverwalk as the general public.
8. No Fees or Assessments. No assessments or charges shall be made against
Grantor or Grantor's property for the construction or maintenance of the Property, except for the
failure to maintain the landscaping as provided in Paragraph 4.
9. Use of Docks and Mooring Spaces. All docks and mooring spaces constructed as
part of the Riverwalk shall be open to the general public and shall be subject to ordinances, rules
and regulations as may be approved by the City Council, provided however, that the maximum
time period for which docking or mooring is permitted shall not exceed twenty-four (24)
consecutive hours.
10. Preservation of Scenic Views. Grantee recognizes the importance of preserving
the desirable scenic views from City Center. Grantee shall give consideration to preserving these
desirable scenic views and shall consult with Grantor regarding the plans for any improvements
or landscaping not included in the original plans and specifications that may adversely affect
these views.
11. Use of Motorized Vehicles. Except for motorized or battery propelled personal
assistive mobility devices, public access on, over or across the Property is limited to access by
2
foot or other non-motorized means. Use of motor vehicles within the Property is prohibited,
except for motor vehicles used by the Grantee or by Grantee's agents for purposes of
construction or maintenance of the improvements within the Property, maintenance of the
Property, or for emergency access. Grantor or Grantor's employees, agents, and contractors may
operate motorized vehicles within the Property for the purpose of the maintenance, repair and
replacement of City Center pursuant to paragraph 14 of these Convents and Restrictions.
12. Prevention of Disorderly Conduct. Grantee shall work with Grantor to address
issues that constitute disorderly conduct under State law or City ordinance or a violation of
Grantee's noise ordinance.
13. Stormwater Outfall Pipes. Grantor shall have the right to maintain, repair and
replace Grantor's stormwater outfall pipe to the Fox River, which crosses the Property. Grantor
may install additional stormwater outfall pipes, structures or utilities in or upon the Property with
the prior written consent of Grantee. Grantor shall obtain all necessary permits for any such
work according to applicable state and municipal codes. Grantor shall obtain a permit from
Grantee similar to form and substance to that issued for construction in a right-of-way permit to
perform the proposed work. The permit shall be of a type that may be issued administratively
without further approval. Grantor shall use the Property in a reasonable manner and is
responsible for restoration of the property in good and workmanlike manner with like materials
and is responsible for any damage to the property or improvements constructed by Grantee
resulting from the activities of Grantor or Grantor's employees, agents and contractors. Grantor
shall provide the information necessary for the issuance of the permit to Grantee at least ten (10)
business days prior to the date the proposed work is to begin. The information to be provided
shall include the scope of the proposed project, types and weights of equipment proposed to be
used, area to be used, anticipated time period for completion of work, and measures to be taken
to minimize interference with the use of the Property by Grantee and the public. Grantor shall
not use any equipment that exceeds Grantee's specified weight limit. Grantor shall cooperate
with Grantee to limit interference with the use of the Property by Grantee and the public.
14. Use for Maintenance Purposes. Grantor may use the Property for the
maintenance, repair and replacement of the City Center buildings and improvements adjacent to
the Property Grantor shall obtain all necessary permits for any such work according to applicable
state and municipal codes. Grantor shall obtain a permit from Grantee similar in form and
substance to that issued for construction in a right-of-way permit to perform the proposed work.
The permit shall be of a type that may be issued administratively without further approval.
Grantor shall use the Property in a reasonable manner and is responsible for restoration of the
property in good and workmanlike manner with like materials and is responsible for any damage
to the property or improvements constructed by Grantee resulting from the activities of Grantor
or Grantor's employees, agents and contractors. Grantor shall provide the information necessary
for the issuance of the permit to Grantee at least ten (10) business days prior to the date the
proposed work is to begin. The information to be provided shall include the scope of the
3
proposed project, types and weights of equipment proposed to be used, area to be used,
anticipated time period for completion of the work, and measures to be taken to minimize
interference with the use of the Property by Grantee and the public. Grantor shall not use any
equipment that exceeds Grantee's specified weight limits. Grantor shall cooperate with Grantee
to limit interference with the use of the Property by Grantee and the public.
15. Existing Easements. One or more recorded easements may exist which relate to
or affect the Property. The conveyance of the Property 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.
16. Default. If either Grantor or Grantee reasonably believes that these covenants and
restrictions 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;
provided, however, that if the breach cannot be reasonably cured within a thirty(60) day period,
the party shall not be deemed to be in default as long as the party commences the cure within the
thirty (60) day period and diligently pursues the cure to is completion. However, Grantee may
immediately remove any object or material which it reasonably believes materially interferes
with the use of the Property. In the event the default is not cured as required by this paragraph,
the party that is not in default shall have the right to pursue all remedies available under these
covenants and restrictions and applicable law.
17. Waiver. No delay or omission by either in exercising any right or power arising
out of any default under the terms of these covenants and restrictions shall be construed as a
waiver of the right or power. A waiver by either party of any violation of the other party shall
not be construed to be a waiver of any other violation of any of the covenants or restrictions.
18. Invalidity. If any of these covenants or restrictions, or the application of these
covenants or restrictions to any person or circumstances shall be deemed invalid or
unenforceable by a court of competent jurisdiction, the remainder of these covenants and
restrictions or the application of these covenants and restrictions to persons or circumstances
other than those to which it is held invalid or unenforceable, shall not be affected thereby, and
each covenant and restriction shall be valid and enforceable to the fullest extent permitted by
law.
19. Reverter. In the event the use of the Riverwalk is permanently discontinued for
any reason, Grantor shall have the right to require Grantee to remove any or all of the
improvements constructed by Grantee and to have title to the Property revert to Grantor at no
cost to Grantor.
20. Ownership of Items Removed. Grantor shall have the option to retain any
pilings, timbers, materials or other property of any kind removed from the Property by Grantee
or Grantee's contractors during the initial construction of any Riverwalk improvements.
4
21. No Third Party Beneficiary. The covenant is intended to run with the land and to
survive any subsequent divestiture of title by Grantor or any successor in title. The terms
contained herein are solely for the benefit of Grantor and Grantee, and it is not the intention of
either Grantor or Grantee that other parties shall acquire any rights to enforce or benefit from
through these Covenants and Restrictions except successors in title.
22. Municipal Liability. Nothing in this Agreement is intended as a waiver of the
City of Oshkosh 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, Section 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.
23. Governing Law. These covenants and restrictions shall be construed and enforced
in accordance with the laws of the State of Wisconsin. Venue for any action regarding these
covenants and restrictions 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.
The undersigned parties hereby acknowledge and agree that the foregoing
covenants and restrictions have been incorporated in and are a part of the deed between
the parties to which they are attached.
CITY CENTER ASSOCIATION
of CONDOMINIUM OWNERS, INC.
By&� �__
.17 .4-1111_1 — __FrTrZtdral■
CITY OF OSHKOSH -
By: /� —�8-• /�
Mark A. Rohloff, City Manager
B _ A• 0.4.AL Of
Angela ec / puty City Clerk
5
C:\Users\hansenc\Desktop\City Center Drawings 11-10-11\G60190717-LAY0-CITY-CENTER-EASEMENT.dwg; 11/11/2011 12:28:29 PM;HANSEN.CRAIG:SmithJJR-Na U.ctb
0
Il
N
O
0
WEB)LINE OF THE 6Wi/1 OF SECTION b.T16NR16E 8a1'1T2TE 2689.8) J'V——
I�——A 1730.11' 61928' :la 1
14 PAP
PA i
1 JACKSON STREET
s
a b
li ��//A ll NOM21—V --- 9743 _
_ _B
.
—R/1/ RAY �iI��I t_l 41z// =�� n�ii�sumauss— m®-®mm $
i PLANT 0 '
//PIP PLANT /
,..—__. m
•
l \\i`` S01°2'16"E / 9185'
/i/'(/ O
i 21/ ,
z
/ j O m
:., � I $ m
cm a
////ii
c 0
c c
%'
go sa u)r CD X_3.o -I0 g0.
�
Z
:/ N
N 0 : °a.m ''$ 82 C W d a' ' I ; , aZ3 ' bS m b , m�/ 550Iv• 7 7 j g y �2 co m-
A/
/ ci1`<.z m m cS c:gPa$ gm 8 ' ' z
/I l` I' � ..Po N 7 N,m ! 1"^S 7-
/ C M1 1"•_U1�'Z7 8 ° n
1/ _ i a) C ((pp ?N c
'•I� a
111 0 g 8gAalcb cull a) $ 0fD 78'
/ / z o !nf m8 a B.N� m
rno
E a$ tD b°�2:i °0clry o 3
4117 °=1 O -1 CD 51'OD Si;gD CD O.151 I1 li ill w N .13»
/ e°'� G-)c) k) o e i V4 � �li jy o
/ °/ g � m m (7 '18 1 in co; to SD.
3 co g CD'°CT m`` CD m r H Z O L
cn o }'e�5=0coe ern-�.p.B a 2 6 co 7 7 01 551.1 N 8 v �G. 8'17/ � @ °.8 =0,82. gds >y8 m3 0"11
1 517,7 r a'g CD-IC-311'5'42 cap n 3 g
6� �����e 5 ro - VI n g S =g m o md
o:x5g .g�'b m c a) v,co A S
0
m o. a • Q.ox 1 8
l c o m (8
�J I a� m 0 o
11 11 i 1 i Wii
NORTH SHORE RIVER WALK EASEMENT EXHIBIT !m
A=§, ?Ii;
co R PART OF THE CITY CENTER CONDOMINIUM_,
1 a
_ _.
°, o j
OSHKOSH,WI a 3
V 0 0 N