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Easement Agreement 1 89 9 3 REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
Document Number Document Title
RECORDED ON
12/09/2011 12:49PM
THIS INDENTURE,made this 1st day of December,2011, JULIE PAGEL
by CITY CENTER ASSOCIATION of CONDOMINIUM
REGISTER OF DEEDS
OWNERS,INC.,a Wisconsin Corporation,Grantor,and RECORDING FEE 30.00
CITY OF OSHKOSH,a municipal corporation,located in TRANSFER FEE
Winnebago County,Wisconsin,Grantee it OF PAGES 6
WITNESSETH: Recording Area
Name and Return Address
IN CONSIDERATION of the sum of One Dollar($1.00)and other good and City Attorney's Office
valuable consideration paid by the Grantee,the receipt of which is hereby Oshkosh,WI 54903-1130
acknowledged,the Grantor,its successors and assigns,does hereby give and
grant unto the Grantee,its successors and assigns,and Grantee accepts,an 901-0060-00-00
easement over,under,and through the land hereinafter described.
Parcel Identification Number (PIN)
1. PURPOSE:
a. The purpose and use by Grantee of the Easement Property described in this document shall be for use by
Grantee as part of its storm water management system.
b. Additionally,the purpose of this Easement is to resolve a dispute between the parties regarding a storm
water drainage pipe located on the Grantor's property. Grantee maintains that it constructed the storm
water drainage pipe in 1987 and/or 1988 with the permission of the then-owner of the Easement Property
and with the authorization by the Common Council to enter into an Easement Agreement with the property
owners. No easement agreement for such purpose was ever recorded,nor has any unrecorded easement
been located. Grantor maintains that it never agreed to such easement arrangement,and without a recorded
easement document,they are not bound by any previous agreements between the Grantee and the prior
owners of the Easement Property.
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 parcel of land being a part of the NW 1/4 of SW 1/4 of Section 24,Township 18 North,Range
16 East, 1st Ward,City of Oshkosh,Winnebago County,Wisconsin and being described as
follows: Commencing at the west quarter corner of said Section 24;thence S 01°17'18"E 566.45
feet along the west line of the southwest 1/4 of said Section 24;thence N 36°57'40"E 83.96 feet to
a point along the south right-of-way line of Division Street,also the Point of Beginning;thence
N36°57'40"E 32.68 feet along the south right-of-way of Division Street;thence S00°46'38"E
381.14 feet;thence N69°19'31"W 21.49 feet;thence N00°46'38"W to the Point of Beginning.
Said parcel of land encompasses 7,285.73 square feet.
3. ACKNOWLEDGMENT OF DRAINAGE PIPE OWNERSHIP: In addition to all other benefits and burdens of
these parties as identified in this document,each party to this Easement acknowledges that the Grantor is the owner
of the storm water drainage pipe located within the Easement Property. Grantor's ownership of such pipe(s)is
subject to the easement rights and obligations of the Grantor and Grantee.
4. ACCESS RIGHTS: The storm water drainage pipes within the Easement Property are connected to,and part of,the
Grantee's storm water drainage system. Grantee shall have reasonable access to the Easement Property,and the
drainage pipes within,for all purposes related to Grantee's storm water management system. The Grantee shall have
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the right to enter the Easement Property and disconnect its community system from the Grantor's drainage system.
Any disconnection,and capping of Grantee's drainage system,shall be at Grantee's expense. Grantee shall provide
Grantor with notice prior to any disconnection and shall allow Grantor and Grantor's licensed plumber reasonable
access to the site of the disconnection before covering up the disconnection. To the extent that any part of Grantor's
drainage system is located in the Grantee's right of way after disconnection,Grantor agrees to obtain all necessary
approval and permission from the Grantee for the location of such encroachment which approval or permission shall
not be unreasonably withheld or delayed. Grantee shall promptly repair any damage to the property of Grantor
caused by the maintenance,repair,replacement, disconnection or capping of Grantee's drainage system in a good
and workmanlike manner to the reasonable satisfaction of Grantor.
5. USE FOR STORM WATER MANAGEMENT SYSTEM: Grantee shall have the right to the continued use of the
Easement Property and storm water drainage pipes thereon as part of its storm water management system. The
Grantee's primary right related to the Easement Property will be the continued use of a storm water drainage pipe
connected to the Grantee's storm water drainage system. Grantee may alter or discontinue its use of the Easement
Property as long as the amount of storm water or flow of storm water draining into the Easement Property is not
altered in a manner that has a material adverse effect on Grantor's drainage system or Grantor's property. Grantee
shall give Grantor not less than thirty(30) days written notice of any proposed change affecting the storm water flow
into Grantor's drainage system. Grantor shall be solely responsible for maintaining the storm water drainage pipes
and related facilities in good and serviceable condition for use by the Grantee except for any maintenance or repairs
required as a result of the activities of Grantee or Grantee's employees,contractors or other persons or entities
exercising the rights granted to Grantee by this Agreement. The Grantee retains the right to disconnect its
community storm water drainage system from the Grantor's system in the Easement Property at any time,subject to
the terms of this Agreement.
6. MAINTENANCE:
a. Grantor shall be responsible for maintaining,repairing,and replacing,at its expense,all storm water
drainage pipes,and associated facilities,on,over,and through the Easement Property. Grantor shall be
responsible for maintaining,repairing,and replacing,at its expense,the structures,hard surfaces,and
landscaping on the Easement Property.
b. The parties understand and agree that Grantee has a ministerial duty to remedy defects of which it is aware
relating to the condition of its storm water drainage system. Because of this duty,the parties agree as
follows:
i. Grantee shall have the right to undertake,at its expense,a routine inspection and maintenance
program for the storm water drainage pipe and facilities on the Easement Property.
ii. Grantee shall have the right to access and maintain or repair,without notice,any problem with the
Grantor's storm water drainage system within the Easement Property which impedes the Grantee's
overall system to handle the flow for which it is designed. Grantee shall use all reasonable
methods to notify Grantor of any problem with the storm water drainage system prior to
undertaking maintenance and/or repair itself. The work performed by the Grantee pursuant to this
paragraph shall be at Grantor's expense. In the event that the surface of the Easement Property is
disturbed due to Grantee's emergency repair of Grantor's storm water drainage system,both
parties shall coordinate the restoration of the surface area. Grantor may elect to repair the damage
itself,or elect to have the Grantee repair any damage and bill the Grantor.
Notwithstanding the foregoing,Grantee shall be responsible for any maintenance,repairs or replacements required as
a result of the acts or omissions of Grantee or Grantee's employees,contractors,
or other persons or entities:
7. INTERFERENCE WITH EASEMENT: Neither party shall interfere with the flow of storm water through the
drainage pipes and facilities within the Easement Property.
8. USE OF EASEMENT BY OTHERS: In the event Grantee exercise its maintenance rights to remedy any defect in
the storm water drainage system,the Grantor agrees that the Grantee may temporarily assign the construction and
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maintenance rights identified herein to any contractor,third party,or other assignee who demonstates to the Grantee
sufficient competence and gives adequate assurances that any work to be performed in or around the easement shall
be conducted in a skillful manner,and that the Grantor's interest in the easement premises shall be protected to the
same extent as if the Grantee was itself performing the construction and maintenance. Grantee shall require any
contractors performing work pursuant to this paragraph to provide Grantor with acceptable written proof of
appropriate liability and worker's compensation insurance coverage.
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
thirty(30)days to cure any actual breach;provided that if a breach cannot be reasonably cured within a thirty(30)
day period the party required to cure the breach shall not be in default if the party commences the cure within the
thirty(30)day period and diligently pursues the cure to its conclusion. In an emergency situation,however,Grantee
may immediately take such actions as may be reasonably necessary to remove any object or material which it
reasonably 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.
Notwithstanding the other terms of this Agreement,this easement shall terminate at such time as the Grantee
disconnects its community storm water drainage system from the Grantor's system located within the Easement
Property.
11. EXISTING EASEMENTS: 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.
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.
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FOR THE GRANTOR:
City Center Association of Condominium Owners,Inc.
c/o Jeffrey E.Pauly,President
334 City Center
Oshkosh,WI 54901
FOR THE GRANTEE:
City of Oshkosh
c/o 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 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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IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written.
CITY CENTER ASSOCIATION of CONDOMINIUM OWNERS, INC.
By: ... _
--1"-
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this 2nd day of December,2011,the above named Jeffrey E.Pauly,of City Center Association of
Condominum Owners,Inc.,to,rue known to be such person who executed the foregoing instrument and acknowledged the same,
for the purpose herein contained:
. CIL,- 'jre.„,/}4-,ka.-
Notary Public,Winnebago Cou ty,Wisconsin
c‘.. ---My Commission expires: �/c I
CITY OF OSHKOSII`
By: 'art--- i
A.Rohloff,City Manager
BY: —FAA 41_ iA , s.
• gels V oe '', 1'puty City Clerk
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STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this 2nd day of December,2011,the above named Mark A.Rohloff and Angela J.Joeckel of the
City of Oshkosh,to me known to be such persons who executed the foregoing instrument and acknowledged the same,for the
purpose herein contained.
Z;t4-, „___judi,t. ie,
Notary Public,Wim'iebago County,Wisconsin
My Commission expires: -,,,? 43 -_
APPIQVED AS TO 0• :
.. A1 , .41��► I. 4i
L 9 ro enson,l'ty Atto 4•y
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CONSENT OF MORTGAGEE
The undersigned,being the holder of a mortgage against the property identified and described as"Easement Property"in this
easement agreement,consent to the grant of the easement set forth above and agree that its interest in the Easement Property shall
be subject to this easement.
(print name of mortgagee)
By:
(signature) (title)
(print name) (print title)
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this day of ,201 ,the above named
(signator)of (mortgagee), to me known to be such persons who executed
the foregoing instrument and acknowledged the same,for the purpose herein contained.
Notary Public,Winnebago County,Wisconsin
My Commission expires:
This instrument drafted by:
Attorney Lynn A.Lorenson
Oshkosh,WI 54903-1130
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