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HomeMy WebLinkAboutSupplemetn to Lease/RDA 0102030000 • �-y G- i e.r 111111111 ill �'�9 Lnc�,I C I II Co CtIeV . 8004545 P .+omm. SUPPLEMENT TO LEASE Tx:4002724 3)24 i-2_ (Sale of Leasehold Property) 1594523 Document Number Document Title REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 0211412012 120.6 PM JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 30.00 Recording Area Name and Return Address: City Attorney Office PO Box 1130 Oshkosh,WI 54903-1130 901-0203 Parcel Identification Number (PIN) Supplement to Lease (Sale of Leasehold Property) This document was drafted by: Attorney David J.Praska Oshkosh,WI 54903-1130 5 SUPPLEMENT TO LEASE (SALE OF LEASEHOLD PROPERTY) THIS SUPPLEMENT TO LEASE (SALE OF LEASEHOLD PROPERTY) is made as of February 8, 2012 (this "Supplement"), by and between the REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, WISCONSIN, a separate public body and a body corporate and politic (the "Authority"), and the CITY OF OSHKOSH, WISCONSIN, a Wisconsin municipal corporation and political subdivision (the "Municipality"). RECITALS A. The Authority and the Municipality have entered into a Lease dated as of June 1, 2006, which was recorded in the office of the Register of Deeds for Winnebago County, Wisconsin, on June 30, 2006, as Document No. 1403049 (as amended and supplemented, the "Lease"), with respect to the Leasehold Property (as defined and identified in the Lease) including the real property described in Exhibit A attached hereto, and specifically, Lot 1 of Certified Survey Map (CSM) 6553 recorded in the Winnebago County Register of Deeds on August 05, 2011 as Document Number 1577796. B. Section 5.01(a) of the Lease provides that from time to time the Municipality may sell portions of the Leasehold Property to other parties for residential, commercial, industrial or other use consistent with the Redevelopment Plan. Such Section also provides that prior to or at the time any such sale is closed, the Authority and the Municipality shall execute and deliver a Supplement to Lease (Sale of Leasehold Property) (as defined in the Lease) releasing such portions(s) sold from the Lease. C. Section 2.02 of the Lease provides that, until the Authority certifies that all of the improvements (as defined in the Lease) to be completed by the Municipality with respect to any portion of the Leasehold Property have been completed, the Municipality shall have no power to convey such portion or any part thereof without the consent of the Authority. D. The Authority now intends to sell a portion or portions of the Leasehold Property to another party or other parties for residential, commercial, industrial, and/or other use consistent with the Redevelopment Plan, such parcel(s) being described in Exhibit A hereto, and specifically, Lot 1 of Certified Survey Map (CSM) 6553 recorded in the Winnebago County Register of Deeds on August 05, 2011 as Document Number 1577796 (the "Approved Resale Property"). All of the Improvements to be completed by the Municipality with respect to the Approved Resale Property have been completed. The Authority and the Municipality now desire to execute and deliver a Supplement to Lease (Sale of Leasehold Property) with respect to the Approved Resale Property. NOW, THEREFORE, in consideration of the Recitals set forth above and incorporated herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Authority and the Municipality hereby agree as follows: 1 Section 1.01 Release of Approved Resale Property from Lease. The Approved Resale Property, specifically Lot 1 of CSM 6553, recorded in the Winnebago County Register of Deeds on August 05, 2011 as Document Number 1577796, is hereby released from the Lease, and the Approved Resale Property shall no longer be a part of the Leasehold Property and shall be free and clear from the Lease and all conditions, terms, and provisions thereof, all as of the date hereof. Section 1.02 Amendments to Lease. Exhibit A to the Lease is hereby amended by removing or excepting from said Exhibit the Approved Resale Property. Section 1.03 Certification. The undersigned Chairperson and Executive Director of the Authority hereby certify, for and on behalf of the Authority, that all Improvements to be completed by the Municipality with respect to the Approved Resale Property have been completed. Section 1.04 Supplement to Lease (Sale of Leasehold Property). This Supplement is a Supplement to Lease (Sale of Leasehold Property). (Signatures on Following Page.) 2 IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused these presents to be executed by its City Manager and City Clerk and its corporate seal affixed, and the Redevelopment Authority of the City of Oshkosh, Wisconsin, has caused these presents to be executed by its Chairperson and Executive Director and its corporate seal affixed, if any, all as of the day and year first hereinabove set forth. CITY OF OSHKOSH, Wisconsin By: 1' ��/ [SEAL] -- M A. Rohloff, City Manager — And ( ' )1 �; L Pamela R. Ubrig, City Clerk REDEVELOPMENT AUTHORITY OF THE CITY OF Ol OSH f,T. CONSIN J By: / Thomas(Belter, Chairperson [NO SEAL] I And: Allen Davis, Executive Director 3 STATE OF WISCONSIN ) ) ss. COUNTY OF WNNEBAGO ) On the day of February, 2012, before me, a Notary Public, in and for the State of Wisconsin, personally appeared before me Mark A. Rohloff, City Manager, and Pamela R. Ubrig, City Clerk, of the CITY OF OSHKOSH, WISCONSIN, a Wisconsin municipal corporation and political subdivision, to me known to be the persons who executed the foregoing instrument and to me known to be such City Manager and City Clerk of said municipal corporation and political subdivision, and acknowledged that they executed the foregoing instrument as such officers; that they know the seal of said municipal corporation and political subdivision; that the seal affixed to said instrument is the seal of said municipal corporation and political subdivision; that the seal affixed to said instrument is the seal of said municipal corporation and political subdivision by authority of its governing body pursuant to resolution passed and approved; and that said persons severally acknowledged the execution of said instrument to be the free and voluntary act and deed of said municipal corporation and political subdivision by its being freely and voluntarily executed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Signature: [SEAL] Name Printed: eirA�i�! Notary Public, Win - •ae a County, Wisconsin My Commission expires: (9 a1?o('4 STATE OF WISCONSIN ) ) ss. COUNTY OF WNNEBAGO ) On the 3/ day of February, 2012, before me, a Notary Public, in and for the State of Wisconsin, personally appeared before me the REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, WISCONSIN, a separate body and a body corporate and politic, to me known to be the persons who executed the foregoing instrument and to me known to be such Thomas Belter, Chairperson, and Allen Davis, Executive Director, of said Authority, and acknowledged that they executed the foregoing instrument as such officers; that said instrument was signed and sealed, if any, by them as such officers of and on behalf of said Authority; and the said persons acknowledged the execution of said instrument to be the free and voluntary act and deed of said Authority by it being freely and voluntarily executed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Signature: . e ti �? ti G� [SEAL] Name Printed: Na rl e % �- r°IA Notary Public, Winnebago County,J Wi consin My Commission expires: 7 l a-c ry 4 . sr/vl r9 y c2 L, O L NW= r:•-.1 v n 0 no o cn O=O • W N ° � ,� ,,4 ci N �o°¢ ^' W° .a N ° n_ � == kS�E Qrwi. G V] �_c 9o.a� oD=c s c . C6.• 4 ("55-3 CERTIFIED SURVEY MAP A RE-DEIVISION OF ALL OF CERTIFIED SURVEY MAP NUMBER 6505. co!� Y E BEING A PART OF THE SOUTHEAST'.OF THE•NORTHEAST';.AND OF THE NORTHEAST V.OF THE SOUTHTHEAST Y.OF SECTION 23,TOWNSHIP 18 NORTH,RANGE 16 EAST,FIRST WARD,CITY OF OSHKOSH, 1035 Kepler Drive WINNEBAGO COUNTY,WISCONSIN. Green Bay,WI 54311 920.468,1876 www,009orn.corn cep,•RM pion ar ACCDY NORTHEAST CORNER EG \` ,/° 1 '`w '%� � 9 • , �:�, mo,.,w I \'7\ � .t 4' F�� T ^9/ \ / �,.,IN J m'1 'EJJO> n Niiti ` \ / -�A�`F���'t4.., \'' .4' 4ir /9 4.67 p er^'/• + \�4gr ;� w?•v 2��, '' RA,m�`Pnwr /Q l� �� I {„ /� (�� lv '-NoT10'01� / '/ / �4es .`2 ..~:u^ ,a 41.64' �/��`\�� .� 1' i'' ''• pis ^• LOT 2 N'R,,..,. b'C '''-%4- / ' :7].686 50. jlry Io // /'f°. ?�/pa -D r.s /// . 1.763 ACAc3 �� - I N• `' Io, _ul 'n lID 4• -,,• 1�• ;:z. •'�/,,, ': ry ail �I 1,°n LnT CIXRf... S o CAT 1/.cwa2R TeN.RtcC'2' =1� - \,f•� \ .6 :rem:].Tav RIDE \ . ,A Y I 4 Ss 14.31,estn.]one 1D 005.1 1 r— .I �3pgiiti w �Sr"n •..` O�/ "5 I 1--) Nse7913'E 31 t.D4' o•,w,c r a r v I ,'C's% • i, (J o!'its. I�- I A. �°r , c' LOT rf I'I LOT 3 .r o +q. m''•' 365.:54 SC.s ;-1 S ^ �79.DOO sc.Fr ^ I ti *LW ACRES '::I / 31.791 ACRES f �� I co q I '� ! 1r, u) I ! BUILDING fi K 41 I '55, ijil ,,„„.„,„.,...,7„,„,,..„ r , , +,..... ,,,,:,,, 1_, 1 s. ^\ cl 1 s6633'46'w as.x' S • �```cJCitJ+Vr�'/''' `''�-- - — --- '` • ••1/A \ MARION ROAD Io CRAIG \ ` I D. NOTES -\ _` HANSEN: _ �_ — — , I S-2840 - SEE EASEMENT INFORMATION ON PAGE 2 OF I / APPLETON = - THIS SURVEY. 370' I:JS' V e '•• a SURVEYED FOR THE REDEVELOPMENT //�tiD S L)�v� AUTHORITY OF THE CITY OF OSHKOSH. / `'' //rt.(I11°.t11‘L BEARINGS ARE REFERENCED TO GRID I / NORTH OF THE WISCONSIN STATE PLANE 11 !/j COORDINATE SYSTEM,SOUTH ZONE. 1 .C/�--�" _�/ f'�'v�SUBJECT TO EASEMENTS OF RECORD. II J� I CRAIG 4ANSEN S-2640 9 1"' 727 D VEHICULAR ACCESS SHALL BE RESTRICTED REGISTERED LAND SURVEYOR 0r, AS SHOWN HEREON. July 26,2011 RDUx0... 1 THIS IS AN ORIGINAL SURVEY —---- .cll.LI. DOCUMENT IF THE PROFESSIONAL _ - Emsnxc vsnna LIME SEAL IS IMPRINTED IN RED AND - mcNr_Dr_wA. DCntowN6 _ ,_ 30055,ROAD LIME ®®�1® SIGNED IN BLUE — __ vAV.rD ROM wcxr-or-wAr WE u"`' t cum~: = 1 1t.no I er.Awc fi u SHEET 1 OF4 ___-_— Ct4OA'e PARCEL UNC ©®IFE'Mfl xs+o`MN .?s_ SncD e= w s RL'1R1Cn0N ® nernr c`[® s+d 100>'., J !'` �- PROJECT No. 50100635 ramC r won RwE N...Na0EO1 8�E�I nr„2, S:.,la 1 N.7...2. 1}ch ( V f CADD FILE 66Ot00d15K4-La11-0S6'Re, no 00*r woe P1=r. 0��I s.w I Nsrssm-E DRAWN BY I CDH Y, rover,oatuD CRCss ®���� :.Po se+>Pww ,n r.sc.°,10 B.vAatEO• c r •goo A o rn, DATE DRAWN 7/05/2011 ----'_� 0-+,P 1 - W kV Neroo,st C� - -CO-5-53 CERTIFIED SURVEY MAP A RE-DEIVISION OF ALL OF CERTIFIED SURVEY MAP NUMBER 6506. ` O ''/ BEING A PART OF THE SOUTHEAST OF THE NORTHEAST%AND OF THE NORTHEAST H OF THE T•a SOUTHTHEAST H OF SECTION 23,TOWNSHIP 18 NORTH,RANGE 16 EAST,FIRST WARD,CITY OF OSHKOSH, 1035 Kepler Drive WINNEBAGO COUNTY,WISCONSIN. Green Bay,WI 54311 920.465.1978 www.aecom.wm c°c„ionr(pzwt er MC. 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 Certified Survey Map number 6506. Being a part of the Southeast'of the Northeast%and of the Northeast'A of the Souththeasl'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 Y.corner of said Section 23;thence S89'34'30°W along the south One of the Northeast''A 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 501'20'11"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 S01'2437"E,57.67 feet thence continuing along said right-of-say 54.96 feet along a curve to the right having a radius of 35.00 feet,whose chord bears S43°34'36'1, 49.49 feet to the northerly right-of-way of Marion Road;thence along said right-of-way 56'33'48"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 N31°06'33"1,12529 feet thence along said right-of-way N65'46'25"W,201.33 feet to the southwesterly corner of Lot 4 of Certified Survey Map number 6506;thence along the westerly line of said Lot 4 N29'21'O0"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 line 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°46'43"W,2.00 feet;thence along said westerly line N37"17'27"E,67.49 feet;thence along said westerly One S53°46'43"E,2.00 feet thence along said westerly line N37'1T27"E,80.11 feet to a pointer 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,35.23 feet to a point on the southerly right-of-way of Pearl Avenue;thence along said right-of-way 553°0234"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 527'11'23"E, 21.80 feet to a point on the west right-of-way of Jackson Street;thence along said right-of-way S01°20'11"E,212.53 feet to the point of beginning. Said parcel contains 278,637 square feet or 6.390 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. \\e30 N3/ e CRAIG D. _ HANSEl1 -.1 S-2t140 _ - APPLE ON : C wt - OQ\= q�+C SUS CRAIG D.HANSEN 2840 REGISTE}2E�LAND SURVEYOR July 26,2011 THIS IS AN ORIGINAL SURVEY DOCUMENT IF THE PROFESSIONAL SEAL IS IMPRINTED IN RED AND SIGNED IN BLUE SHEET 30F4 PROJECT No. 60100635 CADD FILE ssSltta HiuLc'f cte.Rr. '�/y I fr DRAWN BY CDH �1CJ�t Y3 f DATE DRAWN 7/05/2011 L. C'f 1 . --• 553 CERTIFIED SURVEY MAP' A RE.DEIVISION OF ALL OF CERTIFIED SURVEY MAP NUMBER 6506. O 7. BEING A PART OF THE SOUTHEAST OF THE NORTHEAST%AND OF THE NORTHEAST'.OF THE OF �c SOUTI-iTHEAST V OF SECTION 23,TOWNSHIP 18 NORTH,RANGE 16 EAST,FIRST WARD,CITY OF OSHKOSH, 1035 Kepler Drive WINNEBAGO COUNTY,WISCONSIN. Green Say,WI 54311 920.465.1975 ww.v.aecom.com Copyrie,02211 B:Ktow MUNICIPAL OWNER'S CERTIFICATE The Redevelopment Authority of the City of Oshkosh,a seperate body public organized and existing under and by virtue of the Laws of the State of Wisconsin,as owner,does hereby certify that said Authority caused the land described to be surveyed,divided,dedicated,and mapped as represented on this map,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 said Redevelopment Authority,has caused these presents to he signed by H. Allen Davis m Its Executive Dire for ,and countersigned by Th s Pwit r ,is- -`fin .at 4 Oshkosh 1.1 onsin .this 2nd dad,of August 20 11 Redevelopment Authority of the City of Oshkosh: M ' . Exe v /D47ctor J ' roger Chairman of STATE OF WISCONSIN) :SS WINNEBAGO COUNTY) Personally came before me this day of August ,2011 the aforementioned representatives of the City of Oshkosh, known to me to be the persons who executed the forgoing instrument and acknowledged the same. h�+ 1 —7 I ___ j? U��k 0..,1• ,�fr My commission expires .)&12 !'-i• Notary Pub io, Winnebago County,State of Wisconsin CITY OF OSHKOSH PLANNING COMMISSION CERTIFICATE OF APPROVAL This Certified Survey Map of all of Certified Survey Map number 5505,being a part of the Southeast 4 of the Northeast N and of the Northeast''/.of the Souththeast'/.of Section 23,Township 19 North,Range 16 East,First Ward,Chy of Oshkosh,Winnebago County, Wisconsin,' ereby approved. _.,/ / a7 zo/l Ci .n•ng Commission Date esentative \,t1111•11r•rrvi, ' �/ • CRAIG 7:---1,-,- '] «�c��-- D. CRAIG D. 7.—c.v.-2.k.A/N, N S-2540 _.4_: 'HANgEI'i . 7FC— REGIS` D LAND SURVEYOR — _ S-2640 July zs,zotl AP PLECON THIS IS AN.ORIGINAL SURVEY ii ••" �,j0 PROJECT No. 1 60100535 DOCUMENT IF THE PROFESSIONAL rrr rrr�rJ U—NI, y\0,��` • SEAL IS IMPRINTED IN RED AND i CADD FILE Icsolma5FH.4Lotl.GLlae, SIGNED IN BLUE !I DRAWN BY l CDHl•1 1 r DATE DRAWN l 710512011 4/ 0—1 II