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Termination of Lease/Oshkosh River Devel/Morton's 0102010000
o ;r C1 lgir+a( - 61 r TERMINATION OF 8 0 0 4 5 5 6 �`5e g a `•�)Y Ys Yet �'� • Assignment of Lease Agreement TX:4002727 coP�I - G;+�� �t��� 1594533 3). `'J 2 Document Number Document Title REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON This TERMINATION OF ASSIGNMENT OF LEASE AGREEMENT(the "Termination Agreement"), is entered into by 02/14/2012 12'39 PM and between Oshkosh River Development, LLC, a Wisconsin JULIE PAGEL limited liability company, whose principal office is located at 222 REGISTER OF DEEDS Ohio Street in Oshkosh, Wisconsin and Morton Properties, LLC, RECORDING FEE 30,00 a Wisconsin limited liability company, whose principal office is located at 416 Cambridge Court in Neenah, Wisconsin, (collectively Borrower), West Pointe Bank,whose principal office is located at 1750 Witzel Avenue in Oshkosh, Wisconsin (Lender) and the City of Oshkosh, a Wisconsin municipality, Recording Area Name and Return Address (City) b virtue of being the Landlord of the Property(collectively City A ttorney's Office referred to as Parties)(individually referred to as Party). 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903-1130 The Parties entered into an Assignment of Lease 90102010000 agreement dated March 16, 2010, and recorded with the property Identification Number Winnebago County Register of Deeds on April 12, 2010 as Document Number 1536380 (Assignment Agreement). A copy of this Assignment of Lease agreement is attached hereto as Exhibit A. The property subject to this Termination Agreement (the Property is described in the attached Assignment of Lease agreement). The Lease Agreement which is the subject of the Assignment Agreement began on March 16, 2010 and according to its terms was scheduled to terminate on the date the City conveyed the property to the property's developer, Oshkosh River Development, LLC, or upon notice of termination by a Party, whichever came first. The City will now convey the Property to Oshkosh River Development, LLC, and as a result, the Lease Agreement and Assignment of the Lease Agreement will be terminated prior to this conveyance. The City understands that the Borrower and Lender have separate understandings and/or agreements related to the Property and any improvements thereon that are currently in effect, or will take effect after City conveys the Property to Oshkosh River Development, LLC. Both the Borrower and Lender acknowledge that the City is not part of, party to, or involved with, any agreement or understanding involving the Lender and Borrower related to the Property. THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The parties agree that the Assignment of Lease agreement shall terminate on February 8, 2012 (Termination Date), which is the date the Property is conveyed from City to Oshkosh River Development, LLC. The time of termination shall be prior to the conveyance of the Property from City to Oshkosh River Development, LLC. 1 Ci\ 2. Notwithstanding any actual or implied provision of this Termination Agreement, it is not the intent of the Parties to alter, affect, change, or modify any other agreements, understandings, or contracts between Lender and Borrower. 3. Lender acknowledges that it has not exercised its contingent rights as outlined in the Assignment Agreement and, therefore, any obligations to quit, surrender, or return the property to the City does not apply. 4. Neither the Lender nor the Borrower shall have a claim of ownership or interest conflicting with the ownership or interest of City by virtue of the Assignment Agreement, either in whole or in part, in any part of the Property, including without limitation, the real property, structures, fixtures, personal property, or any improvement. 5. Lender and Borrower agree to release, discharge, and waive any claims, known or unknown, against the City, and the City agrees to release claims, except those described below, against the Borrower and Lender arising out of or connected to the Property and the Assignment of Lease agreement. The City shall not waive any claims for indemnification, contribution or apportionment of claims or liability brought against City by any Third Party resulting from Borrower's possession, use, and/or improvement of the Property, nor shall City waive any claims for damages resulting from any latent or hidden defect or hazardous materials contamination caused by Borrower or resulting from Borrower's possession and use the Property. No claims are being waived between the Borrower and Lender, but rather the Borrower and Lender release claims against the City and the City releases claims, except those described above. This release is binding upon each party's successors, assigns, officers, elected officials, employees, and agents. 6. This Termination Agreement shall be for the benefit of, and shall be binding upon, the Parties and their respective heirs, executors, administrators, and assigns. 7. There shall be no lease termination payment owed by any party to this Termination Agreement. 8. The Borrower and Lender affirm that at all times they were in compliance with the terms of the Assignment of Lease agreement with respect to the City's interest in the Property and that agreement. 9. The Parties believe that all notice requirements related to the termination of the Assignment of 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. 10. Borrower and Lender shall not be entitled to and hereby waive payment, reimbursement, credit, or damages from the City for the value of any development activity, fixtures, improvement, or use to or of the Property upon the execution of this Termination Agreement. 11. Borrower shall hold the City 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. [SIGNATURE PAGE FOLLOWS] 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. BORROWER: CITY: Oshkosh River Development, LLC City of Oshkosh Andrew J. Dumke, Member Mark Rohloff, City Manager ' Morton Properties, LLC � L j)(-• Pamela R. Ubrig, City Clerk /7i ephen'. Morton, I anaging Member LENDER: WestP eBan Print Name: _1/ ;. . r • /l s Its: �-t.n °TRse W1 This document drafted by: David J.Praska Assistant City Attorney Oshkosh,Wisconsin 54903 3 • ASSIGNMENT OF LEASE 1 REGISTER'S OFFICE Document Number WINNEBAGO COUNTY, WI Title of Document RECORDED ON 04/12/2010 09:4QlAN JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 31.00 (1_, `. TRANSFER FEE # OF PAGES 11 Record this document with the Register of Deeds Name and Return Address: John W.Schuster Young,Schuster&Maslowski,LLP P.O.Box 917 Oshkosh,WI 54903-0917 (Parcel Identification Number) Exhibit A )77" ASSIGNMENT OF LEASE THIS CONTENT ASSIGNMENT OF LEASE(the"Assignment")is made effective this day of A4/^ ,2010 by and between Oshkosh River Development,LLC, a Wisconsin limited liability company,whose principal office is located at 230 Ohio Street, Suite 200 in Oshkosh,WI and Morton Properties,LLC,a Wisconsin limited liability company,whose principal office is located at 416 Cambridge Court in Neenah,WI(collectively the"Borrower"),West Pointe Bank,whose principal office is located at 1750 Witzel Avenue in Oshkosh,WI(the"Lender"),and the City of Oshkosh,a Wisconsin municipality,(the"City")by virtue of being the Landlord of the Property(collectively referred to as"Parties") (individually as"Party"). RECITALS WHEREAS,the City is the owner of that property commonly known as Lot 3 of Project -North as part of the Marion Road/Pearl Avenue Redevelopment Phase II Area and more particularly described as Lot 3 in Exhibit A attached to this Agreement(the"Property"),and which Property 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 Agreement; WHEREAS,the City and the Borrower have entered into a Lease Agreement dated Ach /lr 4 , 2010 for the Property(the"Lease Agreement")to allow for Borrower to begin development and construction on the Property; WHEREAS,the Lender is making a loan to the Borrower for construction of a building on the Property;and WHEREAS,in order to make such loan,the Lender is requiring that the City of Oshkosh consents to this Assignment of Lease,and that Borrower enters into this Assignment of Lease as a condition of obtaining the loan. NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration,the sufficiency and receipt of which is hereby acknowledged,the Parties agree as follows: AGREEMENT 1. Recitals. The foregoing recitals are adopted by the Parties, incorporated herein by reference and made a part of this Agreement. 2. Assignment. As a condition of obtaining the loan,Borrower hereby assigns,grants,and conveys to Lender all of its rights,title,and interest under the Lease Agreement for collateral purposes. The Parties agree that such assignment is being done solely for the purpose of securing all payments and obligations of the Borrower in relation to all loans and loan obligations issued to the Borrower for construction purposes or other purposes in relation to the development or use of the Property, and that the Lender will not exercise its rights under this Assignment unless Borrower is in default under the terms and conditions of any note,line of credit,loan document,this Assignment,or any other obligation secured by this Assignment, for construction or development on the Property. 3. Payment and Performance. Borrower agrees to pay to Lender all amounts owed to the Lender that are secured by this Assignment in a timely manner,and Borrower agrees to strictly perform(1) all of Borrower's obligations under this Assignment; (2)the Borrower's obligations under the Lease; (3) the Borrower's obligations under any associated or related loan documents as issued by the Lender in relation to the development of the Property;and(4)all obligations of the Borrower under that Development Agreement as entered into by and between the Borrower and the City for development of the Property (collectively referred to as the"Agreements"). So long as Borrower is not in default under the terms of this Page 1 of 6 Assignment and not in default of the Agreements,Borrower shall remain in sole possession and control of the Property and be considered to be the Lessee under the Lease. 4. Notice. Borrower agrees that at no time shall the Borrower be in default under the terms and conditions of any of the Agreements,and in the event that Borrower shall be in default of any of the Agreements,or any default under these Agreements is about to take place,the Borrower and the City agree to immediately notify the Lender and give the Lender a reasonable opportunity to step into the Lease and cure such default. Borrower and Lender agree to immediately notify the City of any default,or imminent default,of any agreements between Borrower and Lender. 5. Warranties and Representations by Borrower. Borrower hereby represents and warrants that as of the date of signing this Agreement,the following: a. Ownership. Borrower is entitled to all rights and title under the Lease and has not entered into any other loan obligation in relation to the Property. b. Right to Assign. Borrower has full right and approval from the City to assign the Lease for Collateral purposes. c. No Prior Assignment. Borrower has not conveyed or previously assigned any right under the Lease prior to entering into this Assignment Agreement. d. No Further Transfer. Borrower will not sell,assign,encumber, or otherwise dispose of any of Borrower's rights in the Lease other than those issued in this Assignment. 6. Lender's Right to Step Into the Lease. Lender shall have the right,but not the obligation,at any time upon a default by Borrower under this Assignment or any of the Agreements to enter upon and take possession of the Property and perform all of Borrower's duties under the Lease and Development Agreement with the City with respect to the Property. In the event of a default by the Borrower,the Lender shall be given a reasonable opportunity to cure any default by the Borrower under the terms of the Development Agreement to preserve its collateral interest in the Property and to purchase the Property on the same terms and conditions as the Borrower. Lender may engage any agent or agents as Lender may deem appropriate to carry out the terms and conditions of those Agreements. To the extent that the Lender steps into the lease in place of the Borrower,the Lender specifically assumes all obligations and liabilities of the Borrower pursuant to the Second Amended and Restated Development Agreement,as amended,between the City and the Borrower. The aforementioned Development Agreement is not attached hereto,but the Lender affirms that it is familiar with the document referenced,and its terms therein,or has been given the opportunity to make such inquiry. Prior to stepping into the Lease,the Lender shall notify the City in writing of its intend to take such action. The Lender's notification to the City shall identify the specific default(s) of the Borrower and the specific authority for the Lender's action. Borrower agrees that the City shall be able to reasonably rely upon the information in the Lender's notice and to take all reasonable actions in reliance upon such notice. Borrower releases, and specifically waives,all claims for damages under any theory against the City based upon the City's reasonable reliance upon the Lender's notice. 7. Lender's Right to Confirm with the City. Lender shall have the right at any time,even though no default may have occurred under this Assignment or any of the Agreements,to confirm with the City that no default has occurred in relation to Borrower's performance under the Agreements. 8. Consent by City. The City hereby consents to this Assignment so long as Lender does not exercise its rights to assume the Lease until such time as the Lender is notified of an actual default under the Lease or the Agreements. Page 2 of 6 9. Joint and Several Liability of the Borrower. The obligation of the two Parties listed as the Borrower under this Assignment shall be joint and several,and all references to"Borrower"shall mean each and any borrower. 10. Legal Expenses. If any legal action or other proceeding between the Lender and the Borrower is brought for the enforcement of this Agreement,or because of an alleged or actual dispute, breach,default or misrepresentation between the Lender and the Borrower in connection with any provision of this Agreement,and the Lender shall be successful in the enforcement of this Agreement,the Lender shall be entitled to recover from the Borrower reasonable attorneys' fees and other costs incurred in such action or proceeding in addition to any other relief to which it may be entitled. 11. No Waiver.The failure of Lender to insist upon any one or more instances of strict performance of any of the terms of this Agreement or to institute any action,including the rights and privileges granted to it shall not be construed as a waiver of such terms. 12. Binding Effect. This Agreement binds and inures to the benefit of the Parties and their respective successors and permitted assigns,as the case may be. 13. Governing Law and Venue. This Agreement has been negotiated and executed in the State of Wisconsin and shall be governed by and interpreted and construed in accordance with the laws of the State of Wisconsin. In the event of any dispute,the venue for any litigation shall be the Circuit Courts of Winnebago County,Wisconsin,which is the county of the principal offices of Lender. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK; SIGNATURE PAGE FOLLOWS] Page 3 of 6 EACH PARTY ACKNOWLEDGES THAT THEY HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL OF THE PROVISIONS OF THIS AGREEMENT. IN WITNESS HEREOF,the Parties have hereunto set their hands the day and year first above written. BORROWER: LENDER: Oshkosh River Development,LLC West Pointe Bank B y: B Print Name: jc�i� 5 4?-;747-4.., y Print Name: SC- Its: / Its: V\ce p22 CITY: Morton Properties,LLC City of Oshkosh Print Name: �� C /�oi'7S' Mar A.Rohloff,City M.• b- Its: Aio Attest: GP' !Mai Pamela R.Ubrig,City Clerk APPROVE, STATE OF WISCONSIN ) SS +�! , WINNEBAGO COUNTY )} 1/1 CITY WW1 �di 4 }, KOSH,WISCONSIN rr personally came before me this t day of , 20It ,the above-named t cir k Pis ,1%,Fl Kf Lr L - i1 •L'i 75PiAti ,to me known to be the person who executed the foregoing instrument and acknowledged the same. Name:pjt v;P T. .5 K� Notary Public, State of W' cousin My commission expires: tl:.(UAAV-� STATE OF WISCONSIN ) ) SS WINNEBAGO COUNTY ) Personally came before me this I L° day of M 0.fCh,201Q the above-named hr1ce„) 0 t,-rr1c e-,to me known to be the person who executed the foregoing instrument and acknowledged the same. Name: Lho� 0-�t�e S fit, (-" Page 4 of 6 Notary Public, State of Wisconsin My commission expires: g- Z Z -I 0 STATE OF WISCONSIN ) ) SS WINNEBAGO COUNTY ) Personally came before me this l(P day of Ni a.r c'201Q the above-named S i e lobe r■l`ti b rtcn,to me known to be the person who executed the foregoing instrument and acknowledged the same. Name: (' ( LtE S ‘B cKx t zv Notary Public, State of Wisconsin My commission expires: S -Z2- 10 STATE OF WISCONSIN ) ) SS WINNEBAGO COUNTY ) Personally came before me this Hitt day of Mak ,20/0,the above-named ,to me known to be the person who executed the foregoing instrument and acknowledged the same. •a a•••••• •`��NFA. Tq• .oz 444444444.St- ‘40TAOfe:9 o Name: /c'o`'sI,?,e �F1"'7c.l�cr • # • • Notary Public, State of Wisconsin N�L� r°UB(_IC: My commission expires: D?/a /r3 '••..... This document drafted by: Atty. John W. Schuster Young,Schuster&Maslowski,LLP P.O.Box 917 Oshkosh,WI 54903-0917 Page 5 of 6 CERTIFIED SURVEY MAP �COM • • ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 5840 AND VACATED RNERWAY DRIVE PER CRY OF OSHKOSH RESOLUTION 10-14 DATED 112612010.BEING A PART OF THE SOUTHEAST 114 OF THE NORTHEAST Y. AND OF THE NORTHEAST Y OF THE SOUTHTHEAST%OF SECTION 23,TOWNSHIP 16 NORTH,RANGE 16 EAST, 10.'15 543:11 s11 FIRST WARD,CITY OF OSHKOSH,WINNEBAGO G41 COUNTY,WISCONSIN. 6,0. Bey,W www.aeeaacam 6.0E10,1020011 los SEAM \:71; � :/.• I il .h, i. 4414''''''• 1/417,454.6-Nt.elk"".„.474,,,,- . . - eadva2 ' -, '' 1:, /*yen sa.rev AN,. 44%-t,1442-7■4>,s(Nkett`k,.. 1 L • • . �t , .,rrr.lanty /,/ tsi,4 Ll • �! \ .� ..,-.1.--v.;.--.- ''�• `y, i . ei '=-': �i r4* LOT 2 ""r I I\ . .( -+ ,- , ,( ta1 eu m rr c",. I ' ` + . '�i t.,`\,`` `\,` t1A73 ACRES 1-...,... Are", I 1 "••:.1/ -1' ..-.% / . . . , ,. +'N . gat 1 *Jr M1 \ LOT 4 '! ., *,�:2. -- MARS --- — Ip' "'.'.., a P r. - i Slat_ • • �� _ I /45..(C - LOT 3 —- • + *1.361 A0140 + I 0 101011611 70 1111011011 -4 . 4;%k• I K \ PM=SWIM COeE C 0100 E1103110 )" NI I "3 IOA1101D tµ 1 ;.�= ew,r mo..rs,germ I \ is sxm..-farm I • CLOSE 74E.A. �� '•CRAIG ,'7 \ 13%1MMr r ooZ111 l�eras--- --MARION ROAD ` fwx,f A,O twL,a 1S D \ i• ,k:• HANSEN - '-- -- __.. — 1 / APPLETON C. I ,,,, I �/ v+++ -Q. _ I ','..elv�•....v �``�� NOTES 1 1•4rt�ffffSUR��`��• SURVEYED FOR THE REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH. I / 4 BEARINGS ARE REFERENCED TO GRID • I �� NORTH OF THE WISCONSIN STEM, S�SHTZO PLANE COORDINATE SYSTEM. CRAIG D.HANSEN S•2840 E>PM kr GORIEr3110 IC REGISTERED LAND SURVEYOR SUBJECT TO EASEMENTS OF RECORD. I • MARCH 1,mid c.4 TOT 10 UND RT I __ EC113M DE THIS IS AN ORIGINAL SURVEY - OL9CAYm EA•�RNi tNE DOCUMENT IF THE PROFESSIONAL - °0x010 030.011 L•E . 1100- DAY @/187016 SEAL IS IMPRINTED IN RED AND — __ _ NONT-C3-111W ME • SIGNED IN BLUE — -- -- — YAG1E010300 w0/T -wAY CNC VACATED 103.0 0311E*JE ---- 0811440 PARCEL DE SHEET 2OF4 • , .4rwwrrel„ltss.mml �yE 1• 120• PROJECT No. 12-30091 o ET r.Id PPE • CADD FILE incoo milC91Pe,2 x MAN 00E130 CROSS • DRAWN BY CDH n "T°•5°m'R 1 E ,�9 Emoorr 73 E wzAIED ■ DATE DRAWN 1/08/2010 1 � . FxUrar A (1cF ') CERTIFIED SURVEY MAP �COM ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 5840 AND VACATED RIVERWAY DRIVE PER CiTY OF OSHKOSH RESOLUTION 10-14 DATED 112612010. BEING A PART OF THE SOUTHEAST''/.OF THE NORTHEAST'A AND OF THE NORTHEAST Y.OF THE SOUTHTHEAST%.OF SECTION 23,TOWNSHIP 18 NORTH,RANGE 16 EAST, 1035 Kepler Drive FIRST WARD,CITY OF OSHKOSH.WINNEBAGO COUNTY,WISCONSIN. Green Bay,WI 54311 920.468.1979 www.aeoom.cam c.re+M4®ma eb..ocau SURVEYORS CERTIFICATE I,Craig D.Hansen,registered land surveyor,hereby certify:That in full compliance with the provisions of Chapter 236,section 236.34 of the Wisconsin 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 Rivenvay Drive per City of Oshkosh Resolution 10-14 dated 1/26/2010. Being a part of the Southeast'A of the Northeast'''A and of the Northeast''/.of the Souththeast'A of Section 23,Township 18 North,Range 16 East,First Ward,City of Oshkosh,' Winnebago County,Wisconsin,more particularly described as follows: Commericing at the East'/.corner of said Section 23;thence S89'34'30"W along the south line of the Northeast''/.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•20'11'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•24'37"E,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,whose chord bears S43434'361W, 49.49 feet to the northerly rightof--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 N81'0633'W,12529 feet thence along said right-of-way N65'46'25'W,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 N3T23'42"E,15.13 feet along the said westerly line;thence along said westerly One N53'48'13"W,60.03 feet;thence along said westerly line N37'27'03"E,134.86 feet;thence along said westerly line N53'4643'W,2.00 feet thence along said westerly line N37•172TE,67.49 feet;thence along said westerly line S53•46'43"E,2.00 feet thence along said westerly Nne N37•17'27"E,80.11 feet to a point on the southerly right-of-way of Riverway Drive;thence along said right-of-way S54'04'05"E,59.86 feet to the southwesterly corner of that part of Riverway Drive being vacated per City of Oshkosh Resolution 10-14 dated 1/26/2010;thence along the east right-of-way of Riverway Drive N37'20'49'E,223.17 feet thence continuing along said right-of-way 39.10 feet along a curve to the right having a radius of 25.00 feet,whose chord bears N82'09'07"E,3523 feet to a point on the southerly right-of-way of Pearl Avenue;thence along said right-of-way S53'02'34'E,229.75 feet thence continuing along said right-of-way 22.56 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 Said pawl contains 278,637 square feet or 6.396 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 representation of the exterior boundaries and the division thereof. tt'1111I1/,rj, ?. .• .•CRAIG /' . '�� ` 7 D. * �S pN �* • APPLETON .• "fe',9 SUR`I��..`• CRAIG Drk!/WSEN S-2840 REGISTERED LAND SURVEYOR MARCH 1,2010 THIS IS AN ORIGINAL SURVEY DOCUMENT IF THE PROFESSIONAL SEAL IS IMPRINTED IN RED AND - SIGNED IN BLUE SHEET 3 OF 4 PROJECT No. 12-30091 CADD FILE 812300918-11114:3141 4/2 DRAWN BY CDH DATE DRAWN 1/08/2010 E‘P-t 1+3iT ( (P or g) ' f *i w" a . � 6' 4/0 J v • C r • 0 osl Fav . .C- . . lea ` 't4 " !��( ar 1{ • CERTIFIED SURVEY MAP• PART OF LOTS 1,2,3,&4 OF BLOCK C OF WESTERN ADDITION TO OSHKOSH,AND PART OF LOTS 10,20.21,&22 OF ' BLOCK te 22 OF WESTERN F OF WFSTERNmADDIT 10�IKBOH,AID LOT LOTS 14.1 15.,k 2111 ID Nl OFtLO S.1, 19, • 10,&20 OF OF BLOCK 0 OF WESTERN ADDITION TO OSHKOSH.RID ALL OF LOTS 2.3.4.5.0.7.8,t 12 AND PART OF •• LDTS 1,0, 10,!�1 t of 118BEY5 REPIAT,ANO PMT aF LOT 2 of CERTIFIED SURVEY MAP NUMBER 1570.AND AU.OF LOTS Pi' ' 1 AND 2 OF CEAIDIED SURVEY MAP NUMBER 2481,AND ALL OF OUTAT I OF CERTIFIED SURVEY MAP NUMBER 5712,AT01 m c.R.wl.u Ltd.PARR OF VACATED BELL PIACE,-WARREN STREET,AND ILANCKOCK STREET. RENO A PART OF THE SOUTIPAST 14 OF THE NORTHEAST IE AND OF THE NORTHEAST 11 OF THE SOUTTHFAST%OF Con 1033 Koper Who 55C110N 23,TOWNSHIP 10 NORTH,RAGE 10 EAST,FIRST WARD,CITY OF OSHKOSH,WNNFBAOO comm.X15WHSN. •20-4110-01711 ...3. w ii • .,N. N/ A) prom t T..e )limasr rano i /iv-�`-.. - \\\ / *I \ qY�;% ,ice ( �\ ♦\� I I __ _//r- aenr / - y tom -" ;'1w.����� 'N`• / 'N., ./ •:::. '''/".... 4/7N4s, .. . '')( ,4 \//*9 s \i., . --‘::NN.s % 44..N\4"..• N.- r 4%4' 1.%-1-1 li .1 - . / .e.Noot,. . Q.4244.Y 1./‘l -- .5k, /..,-31„k • •'v` \ +r,' -�],3y.;aa.r41 MMe 1 Hal` — _`�\ ' a' ;,•� ,�\ , ,/, .J/4i „\ 'tea / .\ rev F . I ,a €a o^ I l l/ t NP- 1 Le `. ,• \ `\ �• ; •33 45 275.34 / 7N, / r ! \ `�_ }ADDER..A TD MARION ROM`,,',/ i3� 1 II TED TO ADDER." - —(�" 4: is l `3 }/ `¢ I!1,-. \� \` 3f I•>Y r R-O-M/ '�I• $ IA .I / � T `\ e' ' . I I / • tt111ttU{Lllllllgllrry/q/'//, r /';o-` / ., e�34e Ina' / C,ONSti 1 1 \ \ kw l , , 4I "' / -e \ k Gummy l li I M{CHAELJ. j ei °.°°�,,,w., '4- 1 s I OLSEN = 1 �" i \ l S-2577 - % •,� ` 7' \ 1 GREEN BAY. = / / II zi ' . WI AO I /�,,� tt WRK,m,DR: an OSHKOSH. I I SEDION II.DK MC '�QOIf Tl eruexo ME ROD 1•- 120' I I MICHAEL.1.OLSEN 5-2577 Na{M?TIE•3CONI•STATE NNE coamwArz 313104 MDR REGISTERED LAND SURVEYOR zone 1 I DECEMBER ER 23. 2005 • N.Em 79 CAUNOOS,r r[rnRa THIS IS AN IF SURVEY sEC LOT NaAgx,r �.L, Ir^,••T'1 SEAL ISTIT IF THE PROFESSIONAL _...--- aena UK 1�I110ELI !T 11C�?iiY•1NiF1-731 SEAL IS IMPRINTED N RED AND __—_-— c. ,,o,r uNE pEX.y fl ail*End �sy�.�R SIGNED IN BLUE —_—-- nett-Er-WAY CENTERLINE ©IUSEAL IE�"fl[4@9e n-r p,NT-a-WAT I V 00E�lt1i08E VtuJE1 1 [Ti Lr'••'17.1.1 .._>• -- YACAm)RD/n Hatt-Dr-mq WE BEE UE IGDT5 M91=11. 1". M E3 _. DIMEDIM EZIENrf9�� IiT1•� _.- YAGAR•ROAD ml1CP„nE Wall IFAOFX, V°1+NYrl1O7T10 MIMII mSFTtSTuI PROJECT 1 OF 3 _ cD3m,I PM=UK • m>.IEn I15uI STtf,''IMIMI �E EMIC SMI PROJECT No. 12-30091 ra m, . WE WA�T3,,r,, wag Wi�yEtE:Bc.n iclIVEIV WM=WW1 E AIM • <427DI£*yfQlG]tFILi'SIFIh>tl�e CADD FILE 611JOBT H FL91 0 SET,'O0N nK WWI MILL A , 111 `> MIAMI i1:1111 1 DRAWN BY CDH • X MHO a,al23n CROSS MUFI♦FT 7511 InrTIIFa71ETM8 Ermisigam I AWI DATE DRAWN 12/14/05 Nc SET CMS=MSS ig221111mrr1WICIIENZ:101WFImM � ® l . ENAF I-r- 5 (IaF3) 513'(c) . CERTIFIED SURVEY MAP '01 . PART OF LOTS 1,2.3.k 4 OF BLOCK C OF WESTERN AD:KWH TO OSHKOSH.AND PART OF LOTS 10,20.21.k 22 OF MACK 22 OF S OCCKF OF WESTERN POO(TWN 10MOSHKOSH.OMO PART LOTS 14.l 5,16.*El1RIOGALL OF LUIS 17.. 15.4. 19,&20 OF OF BLOCK O OF WESTERN ADW11OH TO OSHKOSH.AHD AU.OF SURVEY 2. .4 No.6.711.79 12 120 All PART Of LOTS LOTS 1.9, 10.&11 OF UUSEYS REPIAT,AND PART OF LOT 2 Of CERLIFIED STS � �Ltd. 1 AND 2 OF CERonED SURVEY NAP NUMBER 2461.MID AIL OF OUIIOT 1 OF CERTIFIED SURVEY MAP WIRER 5712.ANO STRorT AND WNCNOCK STREET. STS Cora rusht L PART OF VACATED%OF BEE PINCH,HARM: Of THE NORTHEAST IL'OF THE SOUpf11RAST If OF +036 s%Mer�s+.oe Orom frIFIC A PART OF THE SOl1TFiOlST%OF Tt£NaRTILEasrrXWMD,CITY OF OSHKOSH,TANNEBrr00 COUNTY.WISCONSIN. rxe-wr+n• SECTION 23,TOWNSHIP 16 NORTH.RANGE 16 EAST, SURVEYORS CRTIF1CATE I. Michael J. Olsen, registered land surveyor, hereby certify: That in full compliance with the provisions of pt 0 hk6, section 236.34 of the Wisconsin Statutes, the Land Subdivision Ordinance of Winnebago County, and the City of and under the direction of the City of Oshkosh, owner of said land, I have orveyedd, divided ed and mapped 2 �l�tgoekd being part of Lots 1. 2, 3, & 4 of Block C of Western Addition to'Oshkosh. and port E of Western Addition to Oshkosh, and pait of Lot 12 and all of& is 13. 14.of,Lots 17,17,18, 19, &20 of Block 0 of F of Western Addition to Oshkosh, and part of Lots 14. 15, art to Lots 11 . 19, kit of Block s • Western Addition to Oshkosh. and all of tots 2, 3, 4. 5, 6,7, 8. dc 12 and p number 2481, and port of Lot I of Certified Survey Map number 1579. and all of and 2 of Certified Survey Bee Place. Warren Street,Hanc, and all . Bei g 1 of Certified oft the Survey o the Map Hancock Street. Being a part of the Southeast )(i of the Northeast If and of the Northeast IE of the Southeast lE of Section 23, Township 18 North, Range 16 East, F1rst Word, City of Oshkosh, Winnebago County, Wisconsin' more particularly described as'follows: • section, 048tfeet to point onrthe west right-of-way of Jackson Street also gbeing sthee Point of Beginning; thence aalong said right-of-way sold ight- 84.00 SO1'24'37 E. 28426 feet to along the said northerlyt right-of-w ay 3of Marian 76.42 seas along said right along say rig4'10'W. 4y say right-of-way N65'46'22"W. 257.65 feet to a said right-of-way feet southeasterly 427.57 e e feet;w thence r of Lit 19 point 19.00 test southeostarly of the southwest corner of Lot 19 of Block E of Western addition to Oshkosh; thence 22•21'00"E. 132.15 feet to a point on the centerline of vacated Hancock Street at the north extension of the west tine of said Lot to thence h Nhen e'4Yn 15.13 feet to use south centerline of vacated the Hancock Street N5S48'13"W. 60.03 Western to a point n tt Oa oath thence conga wee parallel e N3T27'03"E. 134.86 feet along the west fine of said tot on the southwest corner of the west line of thence N 22; teens 2.00 feet along the south line of Lot 12 of Block F Lot 22 to the northwest corner d said Lot 22: thence ►L53'48'431e, to the eat line of say Let 12: of Western addition to Oshkosic thence N3T17'27-E, 67.49 foot along a Caro 613717.27•E,the e Lin 1 fast d along the eaet thence S53'46'43"E,210 feet to a paint on the east line of said Lot 1174 thence Rivers/ay Oriw:.11 fe along Chi Cane of soy Lot 12 and Re extension to a point on the southerly right-of-way w a f Drive 30.76 feet along a curve night-of-way 55.10405"E. 85.57 feet: thence along the easterly a radius of 25.00 feet. whole chard bears N08'14'04'I4. 35.71 feet: thence continuing done said right--of-wway N3720•49-E, 197.55 feet:thence continuing along said riejlit-e1-way 39.10 feet aisng a curve to the right having a radius of 25.00 lest, whose chord bears NBZO9'07"E. 35.23 feet to a point on the souther, di9hL-of"Way of Pearl Maniac thence along said right-of-way S53'02'34"E. 229.75 feet:thence continuing along said right-of-way 22.56 feet along a curve to the right having a radius of 25.00 feet. whose chord bears 52T11'23T,21.80 feet to a point on the west right-of-way of Jackson Street;thence along said right-of-way S011.0'11."E. 212.53 feet to the point of beginning. Said 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 representation of the exterior boundaries and the division thereof. • • . N$t11tt11llllliffiAprirll, • MICHAEL J. ' MICHAEL J. OLSEN S-2577 CH E L __ REGISTERED LAND SURVEYOR o S 2f,77 DECEMBER 23, 2005 - GREEN BAY, THIS IS AN ORIGINAL SURVEY \,„,4, W I �� • DOCUMENT IF THE PROFESSIONAL � SEAL IS IMPRINTED IN RED AND '6/�/O SU �d``\`\� SIGNED IN BLUE 17.-23-0'j . • SHEET n 2 OF 3 • PROJECT No. 12-30091 CADD FiLE ' Gli oml-lH-t91 DRAWN BY CON DATE DRAWN 12 AUA . . _-- E'H fa t i 5 ( 2 be3) • • • • • CERTIFIED SURVEY MAP —�--�IN PMT OF LOTS 1,2,3, f 4 OF BLOCK C OF WESTERN PART F LOT TN TO OSHKOSH,AND 13f OF 1015 1.,17, 21, 11 2 OF BLOCK 2x2 OF BLOCK OF WESTERN ADDITION 70 AN OFL LOTS�1�16,„k 211 MD ALL 17, 18, .1, 16. is,4 20 OF OF BLOCK C OF WESTERN ADDITION TO OSHKOSH,MD ALL OF LOTS 2,3,4,5,6,7,5,a 12 MD PART OF LOTS 1,9, 10.a ii OF UBBEYS REPEAT,AND PMT OF LOT 2 OF CERTIFIED SURVEY Mm NUMBER 1570.AND ALL OF LOTS 1 1 AND 2 OF CERTIFIED SURVEY MAP NUMBER 2401.AND ALL OF 0111W7 1 OF CERTIFIED SURVEY MAP NUMBER 5712,MD. ' PART OF VACATED BELL PLACE,WARREN STREET.AND HAMMOCK STREET. $15 CsnnAlyd.Ltd. BEING A PART OF THE SOU11E/LST K OF THE NORTHEAST X AND OF THE NORTHEAST X OF THE SOUDi1TIFAST X OF. c"4tlw'0£.,ii . SECTION 23.TOWNSHIP 16 NORTH,RANGE 16 EAST.FIRST WARD.COT of OSHKOSH,WIWEBACO COUNTY,W15CONSiL w Roder w's m - aaa-ass-Ina • MUNICIPAL OWNER'S CERTIFICATE . City of Oshkosh, a municipality duly organized and existing under and by virtue of the t.aws of the State of Wisconsin. as owner, does hereby certify that said municipality caused the land described to be surveyed, divided. and mapped as represented on Ode mop. in accordance with the provisions of Chapter 236 of the Wisconsin Statutes and the Land Subdivision Ordinance of the City of Oshkosh. • In Witness whereof, the sold City of Oshkosh, hoe caused these presents to be signed by Richard A. ib1langk ' it, City Manager :, and countersigned by Angela G. IVxh •. its Deputy City Cleric , at CShkOSh City Hall this • 27th day of l)eCElTtBt 20 0J City of Oshkosh: . Ridhard Wollongk City Manager . City Clark, • STATE OF WISCONSIN) • :SS Personally come before me this 'l i day of , �t e.D , 2005 the aforementioned representatives of the City of Oshkosh, known9to me to be the persons who executed the forggoing instrument and acknowledged the mime. Notary Pubic. commission expires C.i4 u o Winnebago County, State of Wisconsin DRY OF OSHKOSH PLANNING COMMISSION C_RTIFlCATE OF APPROVAL This Certified Survey Map of part of the Southeast 1/4 of the Northeast 1/4 and part of the Northeast 1/4 of the Southeast 1/4 In.Section 23, Township 18 North. Range 16 East, Flat Ward. City of Oshkosh, Winnebago County, Wisconsin. Is here approved. • . /d/d,2>/ r--- City Planning Commisetatf� Date Representative ,s111111tllll111IIi11li i �`$GO1'1%91i�� MICHAEL J. OLSEN S-2577 �, f- MICHAEL J. REGISTERED LAND SURVEYOR OLSEN *l DECEMBER 23, 2005 = S-2577 THiS IS AN ORIGINAL SURVEY DOCUMENT IF THE PROFESSIONAL ` GREEN BAY, Q` SEAL.IS IMPRINTED IN RED AND 17, Wi Q SIGNED IN BLUE i//O SUR� 't �` PROJECT No •12 30091 f �/!1 Tt115t15tt11% CADD FILE 112m1-l4•+d91 VV _DRAWN BY CDH t . ..Q DATE DRAWN_12114105 ex u lY 13 (3 oc3)