HomeMy WebLinkAboutTermination of Lease/RDA/Oshkosh River Devel/Mortons 0102010000 I 11111111111
Orig�na� -Ciq Clerk. TERMINATION OF 8 0 0 4 5 5 5
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Document Number Document Title REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
This TERMINATION OF LEASE AGREEMENT (the �a �atzv�z iz:3g Pry
"Termination Agreement"),), is entered into by and between the
City of Oshkosh, a Wisconsin municipality, and the
]ULIE PAGrEL
Redevelopment Authority of the City of Oshkosh, with their REGISTER OF DEEDS
principal offices located at 215 Church Ave., P.O. Box 1130,
RECORDING FEE 30,04
Oshkosh, Wisconsin 54903-1130, (collectively Lessor) and
Oshkosh River Development, LLC, 222 Ohio Street, Oshkosh,
Wisconsin, 54902 and Morton Properties, LLC, 416 Cambridge
Ct., Neenah, Wisconsin 54956 (collectively Lessee): Recording Area
Name and Return Address
The Lessor and Lessee are parties to a Lease Agreement City Attorney's Office
dated March 16, 2010, and recorded with the Winnebago 215 Church Ave. P.O. Box 1130
County Register of Deeds on April 12, 2010 as Document Oshkosh, WI 54903-1130
Number 1536379 (Lease Agreement). A copy of this Lease 90102010000
Agreement is attached hereto as Exhibit A. Property Identification Number
The property subject to this Termination Agreement (the Leased Premises) is described in the
attached Lease Agreement.
The Lease Agreement began on March 16,2010 and was scheduled to terminate on the date the
Lessor conveyed the property to the property's developer, Oshkosh River Development, LLC, or upon
notice of termination by the Lessee, whichever came first.
The Lessor will now convey the Leased Premises to Oshkosh River Development, LLC, and the
parties to the Lease Agreement wish to terminate that agreement. The Lessor understands that
Lessee may have separate understandings and/or agreements regarding the Leased Premises and any
improvements thereon that will take effect after Lessor conveys the Leased Premises. Lessee
acknowledges that the Lessor is not part of, or involved with, any agreement or understanding Lessee
has with other persons or entities regarding the Leased Premises.
THEREFORE, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. The parties agree that the Lease Agreement shall terminate on February 8, 2012
(Termination Date), which is the date the Leased Premises are conveyed from Lessor to
Oshkosh River Development, LLC. The time of termination shall be prior to the conveyance
of the Leased Premises from Lessor to Oshkosh River Development, LLC.
2. Lessee shall quit the Leased Premises on or before the Termination Date and shall
surrender and return the Leased Premises to the Lessor clean and in good condition and
repair, reasonable wear and tear excepted.
3. Lessee shall have no claim of ownership or interest conflicting with the ownership or interest
of Lessor, either in whole or in part, in any part of the Leased Premises, including without
limitation, the real property, structures, fixtures, personal property, or any improvement.
1
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4. Lessor and Lessee mutually release, discharge, and waive any claims, known or unknown,
against the other arising out of or connected to the Leased Premises and the Lease
Agreement, except that the Lessor shall not waive any claims for indemnification,
contribution or apportionment of claims or liability brought against Lessor by any Third Party
resulting from Lessee's possession, use, and/or improvement of the Leased Premises, nor
shall Lessor waive any claims for damages resulting from any latent or hidden defect or
hazardous materials contamination caused by Lessee or resulting from Lessee's possession
and use the Leased Premises. This release is binding upon each party's successors,
assigns, officers, elected officials, employees, and agents.
5. This Termination Agreement shall be for the benefit of, and shall be binding upon,the parties
hereto and their respective heirs, executors, administrators, and assigns.
6. There shall be no lease termination payment owed by either party to this Termination
Agreement.
7. The Lessee affirms that at all times it was in compliance with the terms of the Lease
Agreement.
8. Both parties believe that all notice requirements related to the termination of the Lease
Agreement have been followed, and each party agrees to waive any claims based upon
notice that is otherwise required in the Lease Agreement that may be inconsistent with the
terms of this Termination Agreement.
9. Lessee reaffirms all obligations made in the Lease Agreement, including without limitation, its
full and complete responsibility for any development activities, fixtures, or improvements to
the Leased Premises through the date this Termination Agreement is executed. Lessee's
obligations shall survive the termination of the Lease Agreement.
10. Lessee shall not be entitled to and hereby waives payment, reimbursement, credit, or
damages against Lessor for the value of any development activity, fixtures, improvement, or
use to or of the Leased Premises upon the execution of this Termination Agreement.
11. Lessee shall hold the Lessor harmless from any accident or incident involving Lessee, its
employees or agents, and from any dispute between Lessee and Oshkosh River
Development, LLC or any 3rd party resulting from any action of Lessee related to or occurring
during the term of this lease.
12. References to, or reaffirmations of, terms of the Lease Agreement in this Termination
Agreement are for emphasis only and not intended to minimize the importance of or to
exclude any other term or obligation identified in the Lease/Purchase Agreement.
[SIGNATURE PAGE FOLLOWS]
2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
above written.
LESSEE: LESSOR:
Oshkosh River Development, LLC City of Oshkosh
,__._._------ (-(a,---4 &f--(Alr,&, -
Andrew J. Dumke, Member Mark A. Rohloff, City Manager
Morton Properties, LLC
C.:-4 1C t--( 64 ) C ,
Pamela R. Ubrig, City Ier1t
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" tephen -- . Mo on, Managing Member
City of Oshkosh Re lopment Authority
I: y
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Thomas B ter, Chairman
.(67),k r0
Allen Davis, Executive Director
This document drafted by:
David J.Praska
Assistant City Attorney
Oshkosh,Wisconsin 54903
3
Lease Agreement 1 c'Z3E'37'3
REGISTER'S OFFICE
Document Number Document Title WINNEBAGO COUNTY, WI
RECORDED ON
04/12/2010 09:44lAN
JULIE PAGEL
This LEASE AGREEMEN (the "Agreement" or"Lease"), REGISTER OF DEEDS
made and entered into this I (o day of March, 2010, is by and RECORDING FEE 27.00
between the City of Oshkosh, a Wisconsin municipality, and TRANSFER FEE
the Redevelopment Authority of the City of Oshkosh, with • OF PAGES 9
their principal offices located at 215 Church Ave., P.O. Box
1130, Oshkosh, Wisconsin 54903-1130, (collectively"Lessor")
and Oshkosh River Development, LLC, 230 Ohio Street,
Oshkosh, Wisconsin 54902 and Morton Properties, LLC, 416 Recording Area
Cambridge Ct., Neenah, Wisconsin 54956 (collectively Name and Return Address
"Lessee"): City Attorney's Office
215 Church Ave.P.O. Box 1130
WITNESSETH: Oshkosh,WI 54903-1130
WHEREAS, Lessor is the owner of certain real property Property Identification Number
identified as part of the Marion Road/Pearl Avenue Redevelopment
Phase II Area ("Project"), in the City of Oshkosh, Winnebago County, Wisconsin; and,
WHEREAS, the Project is comprised of areas to be developed both North of Marion Road
("Project — North") and South of Marion Road ("Project—South"), with each Project area separately
described in Certified Survey Maps. The subject of this lease("Leased Premises")is Lot 3 of Project—
North. A Certified Survey Map of Project—South, which identifies Lot 3, is attached as Exhibit A and
fully incorporated into this Lease. The Leased Premises identified as Lot 3 is the southeast part of Lot
1 of Certified Survey Map Number 5840, recorded with the Winnebago County Register of Deeds as
document number 1383181 on December 27, 2005, and which is attached as Exhibit B and
incorporated into this Lease; and,
WHEREAS, Lessor and Oshkosh River Development, LLC have entered into an Amended and
Restated Development Agreement ("Agreement") on October 31, 2008 for the purpose of developing
some or all of the Project. Further Amendments and restatements of this agreement were dated April
29, 2009 and July 29, 2009. The Agreement, as Amended and Restated, was authorized by the
Common Council of the City of Oshkosh through Resolution 08-411, adopted October 28, 2008,
Resolution 09-92, adopted March 24, 2009, and Resolution 09-277, adopted July 14, 2009. All terms,
liabilities, and obligations of the Agreement, as Amended and Restated, are incorporated by reference
into this Lease. Copies of the Agreement, as Amended and Restated, are not attached hereto but
Lessee acknowledges that it has copies of the referenced Agreement, is familiar with it and agrees to
be bound by its terms as it may pertain to the development of the Leased Premises. To the extent that
certain terms of the Agreement, as Amended and Restated, may pertain to the overall development of
the Project, or to parcels other than the Leased Premises within the Project, Lessee affirmatively states
that it has discussed and reached an agreement with Oshkosh River Development, LLC regarding the
Project and its development requirements. Lessee also acknowledges and agrees that it is assuming
joint and several liabilities and responsibilities for the development of the Leased Premises as required
by the Agreement, as Amended and Restated; and, lit
1 Exhibit
WHEREAS, the Agreement, as Amended and Restated, provided for the Oshkosh River
Development, LLC, 230 Ohio Street, Oshkosh,Wisconsin 54902,to purchase and develop the property
comprising the Project. The Agreement, as Amended and Restated, also included requirements
related to environmental remediation on the property where the Project is to occur; and,
WHEREAS, the environmental remediation being undertaken by the Lessor is not yet complete
and the Oshkosh River Development, LLC wishes to have access, or to allow access by Lessee, to
certain property within the Project area so that preliminary construction activities for the Project may
commence on the Leased Premises prior to their purchase of this property; and,
WHEREAS, Lessee acknowledges that Oshkosh River Development, LLC has entered into a
separate agreement with it relating to the development of the Leased Premises in conformance with
the Agreement, as Amended and Restated, and any other approved requirement for the Project by the
Lessor; and,
WHEREAS, improvements to the Property during the course of the lease will be financed through
the Wisconsin Housing and Economic Development Authority and West Pointe Bank (collectively,
Lenders). The Lenders may request, and upon submission of separate documents reasonably
agreeable to the Lessor but subject to obligations under the Agreement, as Amended and Restated,
and only in the event of a default by Oshkosh River Development, LLC, may be granted an interest in
this Lease up to and including the right to purchase the Leased Premises from the Lessor in place of
the Oshkosh River Development, LLC, but only to extent the Lender's interest is related to construction
of the Project on the Leased Premises and as otherwise pursuant to the terms of the Agreement, as
Amended and Restated; and,
WHEREAS, it is in the interests of the Lessor, Lessee, and Oshkosh River Development, LLC„
that the Lessee be allowed to commence reasonable development tasks in advance of the date in which
Lessee will purchase the Leased Premises according to the terms of the Agreement, as Amended and
Revised.
NOW, THEREFORE, the parties agree as follows:
1. In exchange for one dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the Lessor agrees to lease
to Lessee, and the Lessee agrees to accept such lease, on the terms and conditions
expressly set forth and referenced herein,the property identified and described as Lot
3 in Exhibit A attached hereto ("Leased Premises").
2. The term of this lease shall commence on the date it is executed by all parties, and
shall end on the date in which Oshkosh River Development, LLC, or a Project Lender
as may otherwise be allowed under an assignment, closes on the property and
acquires full ownership interest in the Leased Premises. Lessee acknowledges that
has entered into separate agreements with the Lenders and with Oshkosh River
Development, LLC which provide sufficient notice and assurances regarding
obligations to the Lessor both for the development of the Leased Premises and the
termination date of this agreement, and that no notice of termination is required to be
given by Lessor.
3. Lessee may terminate this Lease with or without cause by giving sixty (60) days
advanced written notice of such termination to Lessor.
2
4. There shall be no lease payments due from Lessee to Lessor other than the payment
identified in paragraph number 1, above, during the term of this lease.
5. The Lessee shall be allowed to use the Leased Premises only for the purpose of
commencing development of the Project in the form and manner approved by the City
of Oshkosh, or to otherwise make improvements for other purposes related to the
terms of this lease and/or the Project and as outlined in the Agreement, as Amended
and Revised. No agreements by Lessee with others which purport to allow the use of
the property in a manner contrary to this Lease, or to the Agreement, as Amended
and Restated, between Lessor and Oshkosh River Development, LLC, or pursuant to
any Assignment of Lease as approved by the Lessor, shall be enforceable against
Lessor or in rem against the Leased Premises.
6. During the term of this lease, the Lessor shall be allowed unrestricted access to the
Leased Premises for any purpose related to any municipal function, to meet its
obligations under this lease or the Agreement with Oshkosh River Development, LLC,
or to any function in its capacity as the owner of the Leased Premises. Lessor shall
make all reasonable efforts to not materially disrupt Lessee's use of the property.
7. The Lessee has had sufficient access to the Leased Premises and as a result is or
should reasonably be aware of all aspects related to its condition. The Lessor makes
no express or implied promises or warranties related to the condition of the Leased
Premises except those identified in the Agreement, as Amended and Restated.
8_ The Lessee assumes full and complete responsibility for any development activities,
fixtures, or improvements to the Leased Premises prior to the date Oshkosh River
Development, LLC purchases the Leased Premises pursuant to the Agreement, as
Amended and Restated, or prior to the date in which a Lender involved in financing
construction of the Project acquires the Leased Premises pursuant to the terms of an
assignment of lease or other document approved by the Lessor.
9. Lessee acknowledges that it assumes the responsibility of ensuring that its
investments in or on the Leased Premises are protected through separate
agreements with Oshkosh River Development, LLC and Lessee's Lenders.
10. Lessee shall have all necessary insurance with sufficient limits which will cover its
employees, actions and property on the Leased Premises site. Lessee shall hold the
Lessor harmless from any accident or incident involving Lessee, its employees or
agents, or any dispute with Oshkosh River Development, LLC or any 3rd party
resulting from any action of Lessee occurring during the term of this lease.
11. The Lessee is responsible for paying all utilities, costs, expenses, and obligations of
any kind incurred during the term of this lease. The Lessee is further required, at its
expense, to keep and maintain in good order, condition, and repair the Leased
Premises and all improvements constructed thereon.
12. Any breach or default of this Lease, or of the Agreement, as Amended and Restated,
by either party shall be considered a breach of this lease. All such actions shall be
addressed pursuant to the terms of the Lessor's Agreement, as Amended and
Restated, with Oshkosh River Development, LLC.
3
13. All terms of the Agreement, as Amended and Restated, pertaining to the development
required, or allowed, on the Leased Premises are incorporated into this Lease,
including but not limited to representations and warranties.
14. The sole purpose of this Lease is to allow the Lessee to have access to the Leased
Premises before Oshkosh River Development, LLC actually purchases it so that
development consistent with the terms of the Agreement, as Amended and Restated,
may be commenced. The parties to the Agreement, as Amended and Restated, are
and remain the City of Oshkosh and Oshkosh River Development, LLC. For
purposes of this Lease, the Lessee is considered by the Lessor to be an agent of
Oshkosh River Development, LLC, and does not become a party to the Agreement,
as Amended and Restated, by virtue of this lease. Nevertheless, the Lessee's
restrictions on the use of the property during the terms of this Lease are set forth in
the Agreement, and are specifically incorporated into this Lease. To that end:
a. All other terms, conditions, benefits, burdens, and agreements between these
parties relating to the Leased Premises shall remain in full force and effect,
without alteration, with the exception of any terms that prevent the Lessee from
commencing development prior to taking ownership of the property; and,
b. The information required in the following paragraphs of the Agreement, as
Amended and Restated, shall be provided to the Lessor on or before the date
this lease is executed: 4(a), (b), (d), (e), (g), (i), (m), and (n); and,
c. The Lessee affirmatively states that Art Dumke and/or Andy Dumke shall at all
times during the term of this lease have sole day-to-day management of any
development activities or improvements occurring on the Leased Premises to
the extent required by the Agreement, as Amended and Restated.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
above written.
LESSEE: LESSOR:
River Front Senior Apartments, LLC City of Oshkosh
Andrew J. Dumke, Managing Member Mark A. Rohloff, City Manager
Executive Director, RDA
Approved: Oshkosh River Development, LLC
By: ,/� Attest: C1rii4.,L • —1J k ��
Andrew J umke, Managing Member Pamela R. Ubrig, City C -rk
This document drafted by. pPRO a
David J.Praska
Assistant City Attorney `z /
Oshkosh,Wisconsin 54903 :x,
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CERTIFIED SURVEY MAP �COM•
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ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 5840 AND VACATED RNERWAY DRIVE PER TY OF
OSHKOSH RESOLUTION 10.14 DATED 1/28/2010.BEING A PART OF THE SOUTHEAST%s OF THE NORTHEAST
AND OF THE NORTHEAST%OF THE SOUTHTHEAST Y OF SECTION 23,TOWNSHIP 18 NORTH,RANGE EAST, 1035 Kepler Orlr•
Green sple WI 64311
FIRST WARD.CITY OF OSHKOSH.WINNEBAGO COUNTY,WISCONSIN. 920A55.1976
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PROJECT No. 12-30091 • °r O0"~c
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CERTIFIED SURVEY MAP �COM
ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 5840 AND VACATED RNERWAY DRIVE PER CITY OF
OSHKOSH RESOLUTION 10-14 DATED 1/26/2010. BEING A PART OF THE SOUTHEAST Y.OF THE NORTHEAST%
AND OF THE NORTHEAST Y.OF THE SOUTHTHEAST Y.OF SECTION 23,TOWNSHIP 18 NORTH,RANGE 16 EAST, 1035 Kepler D 11
FIRST WARD,CITY OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN. 920 468.1975
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SURVEYORS CERTIFICATE
1, d D.Hansen,registered land surveyor,hereby certify That in full compliance with the provisions of Chapter 236,section 236.34 of the
Wisoonskh Statutes and the Land Subdivision Ordinance the City of Oshkosh,and under the direction of the Redevelopment Authority of the
City of Oshkosh,owner of said land,I have surveyed,divided and mapped the following land being all of Lot 1 of Certified Survey Map
number 5840 and vacated Riverway Drive per City of Oshkosh Resolution 10-14 dated 1/26/2010. Being a part of the Southeast%of the
Northeast'/.and of the Northeast%of the Souththeast Y.of Section 23,Township 18 North,Range 16 East,First Ward,City of Oshkosh,
Winnebago County,Wisconsin,more particularly described as follows:
Commencing at the East Y4 comer of said Section 23;thence S89'3410'W along the south line of the Northeast Y.of said section,70.48 feet
to a point on the west right-of-way of Jackson Street also being the Point of Beginning;thence along said right-of-way S01'2011"E,84.00
feet thence continuing along said right-of-way S01'34'09"E,76.42 feet;thence continuing along said right-of-way S01'24'3TE,57.87 feet
thence continuing along said right-of-way 54.96 feet along a curve to the right having a radius of 35.00 feet,wthost.g(,haQbgarsiS43„'4}„ , ., .
49.49 feet to the northerly right-of-way of Marion Road;thence along said right-of-way S88'33'48'W,275.34 feet thence continuing along
said right-of-way 125.97 feet along a curve to the right having a radius of 349.43 feet,whose chord bears N81'06'33'W,125.29 feet thence
along said right-of-way N65'46.251W,201.33 feet to the southwesterly corner of Lot 1 of Certified Survey Map number 5840;thence along the
westerly line of said Lot 1 N29'21'00'E,126.13 feet to a point on the centerline of vacated Hancock Street thence N37'23'42'E,15.13 feet
along the said westerly line;thence along said westerly tine N53'48'13'W,60.03 feet thence along said westerly I ne N37.27'03-E,134.86
feet thence along said westerly line N53'46'43•W,2.00 feet thence along said westerly line N37•172TE,67.49 feet thence along said to a point on the southerly right-of-way of
westerly line 553.4nce al n s feet tight-of-way thence S54'04'05"E 59.86 feet to the southwestertly corner of that part of Rlverway Drive being
vaca edY per Drive;thence Os k sh said of RHerwsy Drive N37.20'49"E,223.17 the
vacated Pe continuing n ing along Resolution said right-of-way 1-way dated 1/26/2010:a thence curve �having a radius 0(25.00 feet,vrfroee chord bears
feet thence,35.23 feet along said rin the southerly. ' of Pearl Avenue;thence along said right-of-way 34"E,229.75 feet
thence Conti 35.23 along feet said d a point on the 22.56 a rl of y a radius of 25.00 feet,whose chord bears S2T11'23"E.
2he80e ce rh o a pe alo►p said west nigh' Y 10 Jackson Street thence along right-of-way S01'20"11'E,212.53 feet to the point of
21.D0 feel to a point on the west rlph4oFway
Said parcel contains 278,637 square feet or 6.396 acres more or less.
Said parch is subject to easements of record.
That the survey of said land was done under my direct supervision and the map hereon is a hue and accurate representation of the exterior
boundaries and the division thereof.
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SHEET 3OF4
PROJECT No. 12-30091
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S-2577 'f , \ I
GREEN BAY, I I
Vii, . �` MU f '�II 0�¢0a TIN.,! 1 �� MATO,w0con0ra01w. I I
TO aw SCALER 1.. 120' II KNOW ME 110010100• MICHAEL J.ITLSEN 53-2577 KIM�COMO. 1.UM 1 I
NESISTERED LAND SURVEYOR 00.01 w u+o,0,10 a 0naa
• DECEMBER 23. 2005• • ��.r�; ,-I��
THIS IS AN-ORR1NAl.SURVEY oN •
u,00ooMr "— ,^,,,
DOCUMENT IF THE P —--— f[vvs,me L3�F'�5I3�E�fyl:-=iLY'�7lF4D�
SEAL IS IMPRINTED IN RED AND ____._ W�„Y IC7F IEE*`•_•�G..':.,O'y �0=1�0n�41�0�•
SIGNED IN BLUE - .ar-v-wr C2M 141c O ilmILD LIIIUMIII IITgL0
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VA011W IOM WIW111N[ �0•f'!CF.lIF':,ii'..,:.+HEAT' •i .i'fTi IO
SHEET 1 OF 3 --_._- OWNS PARCEL LOC ty7 IET'IY(^a I�,LirAJITT,e Om.orr NNTFLrO(0
aaOJ EGT No 72-300�L- r1015I 5Nrrcw022001201 1_ aI l dL A., UIIE_*•.5 a*iwT=71 irtil
Ina• I10C tiI1•rTy■!.••l Mill•117F?_:]/ 1S�lp: 1',1" ),-7
CADO FII F cIrJOCB1�FFt9! X r0ua 01tl.I0 o1m0 � � c j00i n: .' r` + .
DA E A C2H ■ m CHO=aen
DATE DRAWN 12m05 . •
E)SFIL3 iT 5 (I dF 3)
•
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CERTIFIED SURVEY MAP •
-01 .
PART Of LOIS 1,2.3,R 4 OF BLOCK C OF WESTERN ADDITION 10 OSHKOSH.AND PART OF LOTS 19,20.21,&22 OF
BLOCK E OF WESTERN ADOTIWN TO OSHKOSH,AND PART F L T 12 MO MI.rs tO4.Tile'«41la, I.17, 1915.20.21
9,22 OF moot F OF WESTERN STERN FOOMON A 10 OSHKOSH. A
T lk 20 OF OF BLOCK D p WESTERN ADDITION TD OF LOT 2 AND ALL OF suave(MAP EMBER 1579,MD ALL LOiS
LOTS i.P. F E 11 OF URVEYS P NE ER 451. OF LOT 2 OF WOWED SUR EY My,NUMBER 5712.MD WW1'1 Of TERMED
1 AND 2 OF CERTIFIED(PART WP IIUMBE7t LL P MO STREET AND IINICKOCK STREET. SYS Con It�.+•LL
_ PART OF HNd11ED BELL PUCE, OF THE SOUIIi11tElL4T%OF .ace x.r.w on,.
519011011 23,TOWNSHIP SOtfiIEAST%OF THE ta1RTltEllSt If MO OF rD1E IpRDFAST� O COUNTY.W15l�talN a.. 01-w a.a.d
•
10 NORM,RANGE 10 EAST,FIRST WARD.CITY Of OSHKOSH, or.., as NI •
SURVEYORS CERTIFICATE .
•
I. Michael.1. Olsen. registered land surveyor, hereby certify. That in corn with the.
County, albs �thapt Oshkosh,3 .
section 236.34 of the Wisconsin Statutes. the Land SubdMebn
and under the direction of the City of Oshkosh. owner of said land, I hove surveyed. derided and mapped 21, & following land
being port of Lots 1, 2. 3. & 4 of Block C of Western Addition Lots o. , and port f7. 18,19, 0. 21,._!c 22 of Block
E of Western Addition to Oshkosh. and part
F of Western Addition to Oshkosh, and part of Lots 14, 15, 18, &21.and all of Lots 17, 18, 19, ✓k 20 of Block 0 of
- Western Addition to Oshkosh. and off Lets 2. 3. 4, 5, 6. 7. 0. & 12 and part of lab 1. 9, 10. do 11 of Llabey's
Replan, and port of Lot 2 of Certified Survey Map number 5712, and part of vacated Bell 2 Place,Certified Warren StreeMapAd number
Hanc, knd off Being 1 a Certified the Survey Mop and of the Northeast % of the Southeast % of
Hancock 23, ship 1 a path of the Southeast 6 E . % of the Northeast i y o I( Winnebago County. Wisconsin. more particularly
Section 23,Township 18 North, Range 16 Fast. First Word, City of Oshkosh.
described as'folaws: _
Commencing section, 70. at the oast Io corner the said right-of-way 3; thence f Jackson Street alsogbeing the Point of Beginning; thence along .
said rl 70.46 feet to a point on the watt a Conti
said right-of-way 501'20'11'2. 54.00 fss4 thence continuing along said right-oh-way-�0�'34'09 8R42�fs�t� along
continuing along said right-of-way S01'24'37'E.254.26 feet to the o ht- ay of Marion Rood; feet to a
said right-of-way N6554'10'W, 427.57 feet; thence continuing along
• point 19.00 feet southeasterly of the southwest corner of Lot 19 of Block EC fe West addition of the wait line of
N26'21'00'E. 132.15 feet to a point on the centerline of vacated Hancock
said Lot 19; thence N3723'421, 15.13 feet along the south extension of the east line of Lot 22 of Block F of Western
addition to Oddly* thence along a line parallel to the centerline of vacated Hancock Street N5348.13'W. 60.03 feet to a line of sold
point on the south extension of the west line of sold'Lot 22: thence M3T2•03'2. 134.96 south l la of e west 11 Block F
Lot 22 to the.norihweet earner of said Lot 22;thence N5348'43'W. 2.00 feet clang to eh one Si 1 12 LA Blo
of Wagers addition to Oshkosh;thence N3T17'21'E.67.40 feet along 0 line parallel _
thence S53'41143.1.d Let 1 end feet to i P en the on the southerly right-of-ow of WOy te 80.11 ence �M s the aid
east
the-said tat 12 'OS Tb 5.37 l n b• P the swats*r19h1-of-�of NvsrwSy Orbs 30.75 feet along• curve .
t�the right!having• reE, a 37 i.00 feet.whose to the right horkd9• redkna of 28.D0 resit erhsw shad bears N08.14'041V. 35.71 Feet; 7��� to°lO�1M�right
right-of-way m of 249"2. 197.55 het thence continuing along sold 3� en the Ooun a tiv curve to of
having • radius f 25.00 feet, whose chord been N62'09'0729 said right-of-troy 22.56
Pearl Me us; thew along sold right-of-way 55302'34"2. 229.75 feet thence continuing stony
feet along a curve to the right having a radius of 25.00 feet, whose'chord bears S27-11'23'E, 21.80 feet to a point on
the west right-of-way of Jackson Street thence along said right-of-way 501'20'11.'E; 212.53 feet to the point of
begkminng. .
Sold parcel contains 318,981 square feet or 7.323 acres more or less. •
Said parcel is subject to easements of record. •
That the survey of said land was done under my direct supervision and the map hereon is a true and accurate
representatin of the exterior boundaries and the division thereof.
•
�0. gl1B1111R1//fay,/
�,SCONS�1e%:
r MICHCH AEL J.
MICHAEL J. OLSEN S-2577 EN =
REGISTERED LAND SURVEYOR, a $-277
DECEMBER 23, 2005 SG GREEN BAY, l
THIS IS DOCUMENT ORIGINAL SURVEY ,e / Q:z
gEAL I IS IPROFESSIONAL
RED IAND �/ VJI �a0�
SIGNED IN BLUE f�
1
1Z-2,3-0 j
- SHEET 2 OF 3
- • • PROJECT No. 12-30091
CADD FILE' i12313H1+431
DRAWN BY COH
DATE DRAWN 12/14/O5
. ' _. _ • EH ( f5 (ao3)
• *-57/14) .
CERTIFIED SURVEY MAP . .
PMT OF LOTS 1,2,3,k 4 OF BLACK C OF WESTERN fDDMON TO OSHKOSH.HID PMT OF LOTS 10,20.21.k 22 OF
BLACK E OF%TOTEM Mom TO OSHKOSH./010 PMT of LAT 12 AND Ail OF LOTS 13. 14„10. 1B.17, 13, 10.20.21.
k 22 OF BLOCK F OF WESTERN AODOION TO OSNICDSe1,AND PART OF UAS 14,10.10.k 21 MID ML OF LOTS 17, 10.
10,k 20 OF OF BLOCK O OF WESTERN ADDITION 10 OSHKOSH,RID ALL OF LOTS 2.3,4.0.0.7,5,k 12 NO PART OF
LOiS 1,0, 10.k 11 of LRBEYS RFAULT,AND PART of LOT 2 OF CERTIFIED SURVEY WP NUMBER 1570.MID All of LOTS ■
I MID 2 OF CERTIFIED SURVEY MAP NUMBER 2401 NO ALL OF armor I or CERTIFIED SLIRVE7 MAP WINGER 0712.Mao snt c�„wa„a .
• PART OF VACATED BELL P{J10E WARREN STREET. NORTHEAST 11 SOUB{DFJL4T it OF. ,axi .,,Drive
8E110 A PART OF THE SOUTHEAST ii OF ME NORTHFASf K CRY OF OSfeNSfL.w01NFPfAO COUNTY.wISOOtSIIL m.,n Mw M'NTl
SECTION 23.TOWNSHIP 10 NORTH.RANGE 10 EAST.MST WARD. s...520-060.1075 e.,
MUNICIPAL OWNER'S QERTIFiCATE •
City of Oshkosh, a municipay duly organized and existing under and by virtue of the Laws of the State of Wisconsin, as
divided, and mapped as
repres does on this oalp. that sold municipality ithe provisions of described to be
236 of the Wisconsin Statutes and the Land
represented on this map. In accordance
of Oshkosh. .•Subdivision Ordinance of the City
In Witness whereof, the said City of Oshkosh, has caused these presents to be signed by .
Richard A Wollangk • Its City and
countersigned by
Angela G. Koch • n. city City countersignClerk , at
Cshkosh City Hall this
27th day of 20 05
City of Oshkosh: •
2// 4/ .
Wollangk
City Manager
+W f2eakr
nTAiE OF w sco
WINNEBAGO cowry) f-f1'in, [ OaX �
,�/1� !� 2005 the aforementioned repnweerrtotivss of
• the a y cam. t.h, known w ws-me to be the forgoing instrument and acknowledged the same.
0/191,CL . .91LEKAL .
the CRy of Oshkoeh, known to me to be the persons who executed
Notary PuMTio ' My commission expires
Winnebago County, State of Wisconsin
CiTY OF OSHKOSH ELIMINING COMMISSION
USDBr`.tTE OF APPROVAL
This Certified Survey Mop of part of the Southeast 1/4 of the Northeast 1/4 and part of the Northeast 1/4 of the .
South oet 1/4 in.Section 23, Township 18 North. Range 16 East, Met Ward. City of Oshkosh, Winnebago County, Wisconsin,
Is here •pproved . •
•
i -L/C—. V /�
/C
/ ) (r
Date
City Planning ommissi• .
Representative
ib 4040C:
Itt*9 lO f Nsriy'''ii
G
MICHAEL J. OLSEN S-2577 MICHAEL J. .
REGISTERED LAND SURVEYOR =T OLSEN `
DECEMBER 23, 2005 S-2,0,77
THIS IS AN ORIGINAL SURVEY GREEN BAY, s
DOCUMENT IF THE PROFESSIONAL 41! WI ®3 OF 3
SIGNED IN BITE D IN RED AND '9+ :()�• •4/// S UR\I T"��\ CARD LAY CD
I t
1 ! IA DRA^ WINO 05
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