HomeMy WebLinkAboutTemporary Cul-de-sac/Mockingbird Way 111111111
TEMPORARY CUL-DE-SAC EASEMENT $ 0 0 9 0 1 5
Recording Area Tx:400599$
(MOCKINGBIRD WAY)
Document Number Document Name
REGISTER'S O FFIC E
WINNEBAGO COUNTY, WI
THIS INDENTURE, made this / . 4-11 day of March. , RECORDED ON
2012, by CASEY'S MEADOW, LLC, a Wisconsin Limited 43/15/201 I.005.0O5 AM
Liability Company ("Grantor,"whether one or more),
and CITY OF OSHKOSH, a Wisconsin Municipal Corporation JULIE PAGEL
("Grantee," whether one or more). REGISTER OF DEEDS
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
unto the Grantee, its successors and assigns, a temporary public Oshkosh 3-1130
easement of a 50 foot radius in, under and over the land hereinafter
Pt.of 913-37000000&Pt. of 913-36000101
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 NE 1/4-S W 1/4 AND PART OF THE NW 1/4-S W 1/4 OF SECTION 29,
T18N, R16E, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BEING
PART OF LOT 2 OF CERTIFIED SURVEY MAP NO. 3944 AND PART OF LOT 3 OF
CERTIFIED SURVEY MAY NO. 4762.
The easement is more particularly described as follows:
BEGINNING AT THE NORTHWEST CORNER OF LOT 42 OF SECOND ADDITION
TO CASEY'S MEADOW SOUTH; THENCE SOUTHWESTERLY, NORTHWESTERLY,
NORTHEASTERLY, AND SOUTHEASTERLY, ALONG THE ARC OF A CURVE
CONCAVE EASTERLY, HAVING A RADIUS OF 50.00 FEET, WHOSE CHORD
BEARS N00°58'055"E 60.00 FEET TO THE SOUTHWEST CORNER OF LOT 43 OF
THE SECOND ADDITION TO CASEY'S MEADOW SOUTH; THENCE S07°32'56"E
60.67 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT. THE CENTER OF
THE CURVE FOR THE EASEMENT IS LOCATED N54°06'44"W 50.00 FEET FROM
THE NORTHWEST CORNER OF LOT 43 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. Mockingbird Way 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
Mockingbird Way 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
{07127658.DOC.1}07125284.DOC.1
Draft Date: January 13, 2012
IJ
at the end of the Mockingbird Way right-of-way to be dedicated as part of the Second Addition of Casey's
Meadow South to allow the public using Mockingbird Way 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 Mockingbird Way 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.
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.
{07127658 DOC 1}07125284.DOC.1
Draft Date: January 13, 2012
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
Executed by the Parties on the date of this Agreement.
I07127658.DOC.1}07125284.DOC.I
Draft Date: January 13, 2012
CASEY' MEADOW, LLC
7
Chet esenberg, Membilf
SI
Timothy '' sch, Member
STATE OF WISCONSIN )
) SS
WINNEBAGO COUNTY )
Personally came before me on this i day of February, 2012, the above named Chet
Wesenberg and Timothy Rusch, to me known to bet e persons who executed the foregoing instrument and
acknowledged the same. .' , , ,
f r ,\Gv\ELLE 2i
• •
.� NOTgRy•�m--
Notary Public, State of Wisconsin : en : A V' :
My Commission: 11 -1,�'�,),61'- y ' '8L I C
.F .••••
o. .. co.,-
W1SG
CITY OF OSHKOSH
ivtark)
ohloff, City Manager
( :'-(Li -)L L La -- -..--) 00) 1-,,,
Pamela R. Ubrig, City Clerk j
A='09 VED: ,
( !, ittat ,
, _,../,, __...___, .1 !_ _..41a
ynn L.renson, City • 'orney
STATE OF WISCONSIN )
) SS
WINNEBAGO COUNTY )
Personally came before me on this I 3tvday of t 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.
{07127658.DOC.1)07125284.DOC.I
Draft Date: January 13, 2012
J
Notary Public, tate of Wisconsin
My Commission:
This document was drafted by:
Attorney Daniel J. Posanski
Dempsey Law Firm, LLP
P. O. Box 886
Oshkosh, WI 54903-0886
{07127658.DOC.1}07125284.DOC.1
Draft Date: January 13, 2012