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Home My WebLink AboutTemporary Cul-de-sac/Casey Trail 11 8 0 0 9 0 1 6 TEMPORARY CUL-DE-SAC EASEMENT Recording Area Tx:4005998 (CASEY TRAIL) 1597 224 Document Number Document Name REGISTER'S OFFICE WINNEBAGO COUNTY, WI THIS INDENTURE, made this -3 day of IV\0,14C-11 , RECORDED ON 2012, by CASEY'S MEADOW, LLC, a Wisconsin Limited 03/15/2.01x 1.006 AM Liability Company ("Grantor,"whether one or more), ]ULIE PAGEL and CITY OF OSHKOSH, a Wisconsin Municipal Corporation REGISTER OF DEEDS ("Grantee," whether one or more). RECORDING FEE 30.00 WITNESSETH: IN CONSIDERATION of the sum of One Dollar ($1.00) and Name and Return Address other good and valuable consideration paid the Grantee, the receipt of Lynn Lorensen,Esq. which is hereby acknowledged, the Grantor does hereby give and grant City Attorney's Office WI unto the Grantee, its successors and assigns, a temporary public Oshkosh 54903-1130 easement of a 50 foot radius in, under and over the land hereinafter 913-36000000 described. - Parcel Identification Number(PIN) EASEMENT PROPERTY: The Easement Property is situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: IN PART OF THE NE1/4-SW1/2 OF SECTION 29, T18N, R16E, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BEING PART OF LOT 3 OF CERTIFIED SURVEY MAP NO. 4762. The easement is more particularly described as follows: BEGINNING AT THE NORTHWEST CORNER OF LOT 56 OF SECOND ADDITION TO CASEY'S MEADOW SOUTH; THENCE SOUTHWESTERLY,NORTHWESTERLY,NORTHEASTERLY, AND SOUTHEASTERLY, ALONG THE ARC OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET, WHOSE CHORD BEARS N21°09'06"W 65.34 FEET; THENCE N45°31'15"E 14.70 FEET TO THE SOUTHERN-MOST CORNER OF LOT 47 OF THE SECOND ADDITION TO CASEY'S MEADOW SOUTH; THENCE S10°24'36"E 72.43 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT. THE CENTER OF THE CURVE FOR THE EASEMENT IS LOCATED N70°21'08"W 50.00 FEET FROM THE NORTHWEST CORNER OF LOT 56 OF THE SECOND ADDITION TO CASEY'S MEADOW SOUTH. PURPOSE: This temporary easement is necessary to allow the development of the Second Addition to Casey's Meadow South. Casey Trail right of way along with associated street and public utility improvements, originate in the Casey's Meadow South development and will be extended as part of the Second Addition to Casey's Meadow South, but will remain unconnected to other rights of way within or outside of this development. The future development for the overall site will eventually connect Casey Trail {07127483 DOC.1)0 7125284.DOC.1 Draft Date: January 13, 2012 Dr ' to other rights of way within this development and/or to rights of way outside of the Casey's Meadow South development. This temporary easement will allow the construction of a cul-de-sac at the end of the Casey Trail right-of-way to be dedicated as part of the Second Addition of Casey's Meadow South to allow the public using Casey Trail to safely turn around when reaching the end of this street. TERM: THE CUL-DE-SAC EASEMENT SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL SUCH TIME WHEN CASEY TRAIL IS EXTENDED SOUTHWEST. USE OF EASEMENT: This easement is not a dedicated public right of way, but may be used by the Grantor, Grantee, and the public for all lawful purposes as may otherwise be allowed on any other dedicated public right of way. No building, structure, or obstruction shall be place upon said property, and Grantor shall, at its expense, keep the premises free of all such obstructions. CONSTRUCTION OF CUL-DE-SAC: Grantor shall be responsible for constructing, at its expense, the temporary cul-de-sac within the Easement Property. The temporary cul-de-sac shall be constructed to the specifications required by the Grantee. Due to the temporary nature of the cul-de-sac, it is not expected by the Grantee to be constructed to meet all of Grantee's street specifications. Grantor shall be responsible for complying with all state and federal rules, requirements, and statutes. In general terms, the Grantee will allow this cul-de-sac to utilize a gravel surface. Specific requirements for construction of the temporary cul- de-sac shall be at the written direction of the Grantee's Public Works Director, or their designee. Such written direction shall be incorporated by reference into this easement. MAINTENANCE OF CUL-DE-SAC: Except as otherwise noted, Grantor shall be responsible for maintaining, at its expense, the temporary cul-de-sac on the Easement Property. The temporary cul-de-sac shall be maintained by the Grantor in a manner necessary to avoid injury to the person or property of those persons and vehicles using the cul-de-sac. The only exception to Grantor's maintenance requirements is that Grantee shall remove snow from the cul-de-sac according to the removal schedule set for snow removal from the Grantee's overall street system. In the event that Grantor fails to properly maintain the cul-de-sac, Grantee may enter the Easement Property and perform all necessary maintenance activities at Grantor's expense. MAINTENANCE OF UTILITIES ON, OVER, OR UNDER EASEMENT PROPERTY: As part of the development of the Second Addition to Casey's Meadow South, various public utilities will be installed within the Casey Trail right-of-way to be dedicated as part of this Second Addition. These utilities will also be extended past the dedicated right-of-way and into the Easement Property, or potentially beyond, in anticipation of future Additions to Casey's Meadow South. Grantor shall allow Grantee to enter the Easement Property or other property owned by Grantor for the purpose of maintaining or repairing any part of the Grantee's public utility system at any time the Grantee believes that it is reasonably necessary to do so. REMOVAL OF CUL-DE-SAC: Grantor shall be responsible for the complete and timely removal, at its expense, of the cul-de-sac upon the termination of this easement. AUTHORITY: The GRANTOR states that it is the owner of and possesses the real property described above and it has a lawful right to grant this easement. The persons signing this document below affirmatively state that they are authorized by the Grantor or Grantee to sign this document. {07127483.DOC.1}07125284.DOC.1 Draft Date: January 13, 2012 BINDING EFFECT: The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. INTERPRETATION/VENUE: This Agreement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. Disputes related to this document shall be resolved in the Winnebago County courts, or within any district of a federal court within which Winnebago County is located. ENTIRE AGREEMENT: Except for any document incorporated by reference, this Agreement sets forth the entire understanding of the parties and may not be changed except by a written document executed and acknowledged by all parties to this Agreement and duly recorded in the office of the Register of Deeds of Winnebago County, Wisconsin. MUNICIPAL LIABILITY: Nothing in this agreement is intended as a waiver of the Grantee's right or opportunity to rely upon the municipal limitations and liabilities contained in Wisconsin law. Municipal immunities and limitations include, but are not limited to, Sections 345.05, 893.80, and 893.83, Wisconsin Statutes. Such damage limitations, caps and immunities are intended to be preserved and are incorporated into this agreement and shall, govern all disputes related to this agreement, contractual or otherwise, as they apply to the municipality and its agents, officers, and employees. THIRD PARTY BENEFICIARY: Third parties may benefit from this temporary easement to the extent that a temporary cul-de-sac will be made available for public use during the term of this easement. However, it is not the intention of these parties that third parties will otherwise benefit from any term of this easement. Specifically, these parties do not intend for third parties to obtain contractual rights through this easement agreement. NO PUBLIC DEDICATION; While some or all of the Easement Property may be dedicated to Grantee in the future, nothing in this Agreement shall be deemed to be a gift or actual dedication of any portion of the easement granted under this Agreement to the general public or for any public purpose whatsoever. SIGNATURE PAGES FOLLOW 107127483.DOC.l}07125284.DOC.1 Draft Date: January 13, 2012 Executed by the Parties on the date of this Agreement. CASEY'S MEADOW, LLC Chet esenberg, Member Timothy R sch, Member STATE OF WISCONSIN ) SS WINNEBAGO COUNTY ) Personally came before me on this—{ day of February, 2012, the above named Chet Wesenberg and Timothy Rusch, to me known to be the persons who executed the foregoing instrument and acknowledged the same. •. • ' ' ' ,• i - Np Notary Public, State of Wisconsi . -�R-'- • m : My Commission: I `� 1(D '?��-?� 9 o��, �kic . CITY OF OSHKOSH -M ohloff, City P ang r Pamela R. Ubrig, City Clerk AP ' 'OVED• f GIVA L44: NE-y-•. L I rens.n, Ci • • ttorney STATE OF WISCONSIN ) SS WINNEBAGO COUNTY ) ga ga\ Personally came before me on this j3k'day of Fcbruary, 2012, the above named Mark Rohloff and Pamela R. Ubrig, to me known to be the persons who executed the foregoing instrument and acknowledged the same. {07127483.DOC.1)07125284 DOC.' Draft Date: January 13, 2012 ........... ... . .. 61) Notary Public, State of Wisconsin My Commission: ,,,2/ 7__":3 This document was drafted by: Attorney Daniel J. Posanski Dempsey Law Firm, LLP P. O. Box 886 Oshkosh, WI 54903-0886 {07127483.DOC.1 107125284.DOC.1 Draft Date: January 13, 2012