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41-op C e,5-Coro Easement Agreement Tx:4028059
C.;41 14i}y 16 12550
Document Number Document Title
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
THIS INDENTURE, made this 3f 'day of�U L/ 08/21/20121051. AM
2012, by OSHKOSH INVESTORS, LLC, a Wisconsin
Limited Liability Corporation, Grantor, and CITY OF JULIE PAGEL
OSHKOSH, a municipal corporation, located in REGISTER OF DEEDS
Winnebago County, Wisconsin, Grantee RECORDING r = r .
Recording Area
WITNESSETH: Name and Return Address
City Attorney's Office V
IN CONSIDERATION of the sum of One Dollar ($1.00) Oshkosh,WI 54903-1130
and other good and valuable consideration paid by the CSC-vp
Grantee, the receipt of which is hereby acknowledged,
the Grantor, its successors and assigns, does hereby
give and grant unto the Grantee, its successors and Parcel Identification Number
assigns, and Grantee accepts, an easement over, (PIN)
under, and through the land hereinafter described.
1. PURPOSE: The purpose and use by Grantee of the Easement Property described
in this document shall be for the installation and maintenance of a seawall support
tie back system from the existing sea wall into the bedrock beneath the easement
property. A minimum 12 rock socket anchors, approximately 85 feet long will be
installed through the soil and into the bed rock under the reference property.
2. PROPERTY: The property subject to this easement granted herein shall be over,
under and through certain tracts of land situated in the City of Oshkosh, Winnebago
County, Wisconsin ("Easement Property") and described upon attached Exhibit A,
incorporated by reference as if fully set forth herein.
3. CONSTRUCTION AND USE OF EASEMENT BY OTHERS: Grantee shall install
rock socketed seawall tieback anchors on property owned by the Grantor as part of
a support system for the sea wall located on the adjacent property owned by
Grantee. Grantee shall make reasonable efforts to schedule, sequence and
complete all construction in a manner that does not unreasonably interfere with the
use, occupancy or enjoyment of Grantor's property. All contractors performing
services in connection with the construction, maintenance or repair of the sea wall
support system shall have sufficient competence and shall provide adequate
assurances that any work to be performed in or around the Property will be
performed in a good and workmanlike manner. If requested by the Grantor, the
Grantee shall require any contractors performing such work to maintain and provide
Grantor with written documentation of acceptable liability and worker's
compensation insurance coverage and list the Grantor as additional insured.
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4. CONFORMITY WITH PLANS AND SPECIFICATIONS. The initial installation of
the sea wall support system shall conform in all material respects with the plans and
specifications. Grantee agrees to consult with Grantor prior to making any material
changes to the support system on and/or beneath the Property and no material
changes shall be made without Grantor's consent, which shall not be unreasonably
withheld or delayed. This paragraph shall not be construed to prevent or delay
Grantee from making any repairs or changes, or taking any other actions which are
reasonably necessary in Grantee's sole opinion in an emergency situation.
5. ACCESS RIGHTS: Grantee shall have reasonable access to the Easement
Property for all purposes related to the construction and maintenance of the seawall
support system. Grantee shall provide Grantor with notice prior to any construction
or maintenance. Grantee shall promptly repair any damage to the property of
Grantor caused by the construction, maintenance, repair, replacement, or
disconnection of Grantee's support system in a good and workmanlike manner to
the reasonable satisfaction of Grantor.
6. MAINTENANCE: Grantee shall be responsible for maintaining, repairing, and
replacing, at its expense, the seawall support system, on, under, and through the
Easement Property.
7. INTERFERENCE WITH EASEMENT: Grantor shall not, and shall not permit others
to, interfere with the sea wall support system and any associated facilities within the
Easement Property.
8. DEFAULT: If either Grantor or Grantee reasonably believes that the terms of this
Easement have been breached, then written notification of the alleged breach shall
be delivered to the other party. Any party in breach shall have thirty (30) days to
cure any actual breach; provided that if a breach cannot be reasonably cured within
a thirty (30) day period the party required to cure the breach shall not be in default if
the party commences the cure within the thirty (30) day period and diligently
pursues the cure to its conclusion.
9. TERM: This easement is being granted in perpetuity for public purposes and uses,
both current and future, without regard to the Grantee's use of the easement at any
particular time. All rights, title and privileges herein granted, including benefits and
burdens, shall run with the land and shall be binding upon and inure to the benefit of
the Grantor and Grantee, their respective heirs, executors, administrators,
successors, assigns, and legal representatives. Notwithstanding the other terms of
this Agreement, this easement shall terminate at such time as the Grantee
disconnects the sea wall support system from Grantor's Property.
10. EXISTING EASEMENTS: This easement is subject to all existing easements and
restrictions of record up to and including the date any such easements are released
through a document recorded with the Winnebago County Register of Deeds.
11. WAIVER: No delay or omission by any party to this Agreement in exercising any
right or power arising out of any default under any of the terms or conditions of this
Agreement shall be construed as a waiver of the right or power. A waiver by a party
of any of the obligations of the other party shall not be construed to be a waiver of
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any breach of any other terms or conditions of this Agreement.
12. INVALIDITY: If any term or condition of this Agreement, or the application of this
Agreement to any person or circumstance, shall be invalid or unenforceable, the
remainder of this Agreement, or the application of the term or condition to persons
or circumstances other than those to which it is held invalid or unenforceable, shall
not be affected thereby, and each term and condition shall be valid and enforceable
to the fullest extent permitted by law.
13. NO THIRD PARTY BENEFICIARY: The terms of this Agreement are for the benefit
of the two parties identified, and it is not the intention of either the Grantor or
Grantee that other parties shall acquire any rights to enforce or benefit from through
this Agreement.
14. GOVERNING LAW: This Agreement shall be construed and enforced in
accordance with the laws of the State of Wisconsin. Venue for any action regarding
this Agreement shall be the Winnebago County, Wisconsin, Circuit Court or, if a
federal court action, then the appropriate district and/or branch within which
Winnebago County is located.
15. NOTICES: Any notices required by this Easement shall be in writing and delivered
via certified mail, return receipt requested, as follows. Changes to these addresses
shall be in writing. In addition to formal notification, both parties agree to take
reasonable measures to keep the other party informed of issues or questions
regarding the Easement Property.
FOR THE GRANTOR:
Oshkosh Investors, LLC
do Richard Batley
1 North Main Street
Oshkosh, WI 54901
FOR THE GRANTEE:
City of Oshkosh
do Director of Parks
P.O. Box 1130
Oshkosh, WI 54903-1130
16. AUTHORITY: The Grantee affirms that all necessary boards and elected officials
have approved the acceptance of this Easement, and that the undersigned have the
authority to sign this Agreement on behalf of the Grantee. Grantor affirms that it
has the authority without limitation to enter into this Easement Agreement. The
undersigned assert and affirm that they have the authority without limitation to enter
into this Easement Agreement on behalf of the Grantor. Grantee's written consent
will be required before any additional easement or use of this Easement Property by
third parties is granted.
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SIGNATURE PAGES FOLLOW
IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and
year first above written.
OSHKOSH INVESTORS, LLC
By: UW-OSHKOSH FOUNDATION
HOTEL PROJECT, LLC, Manager
By: (
Arthur. Rathjen, .ts anager
By: OSHKOSH HOTEL VENTURE, LLC,
Manager
By: Ar,
John 'fefferle, i : anager
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this 20th day of July , 2012, the above named Arthur H.
Rathjen of UW-Oshkosh Foundation Hotel Project, LLC and John Pfefferle of Oshkosh Hotel
Venture, LLC, Managers of Oshkosh Investors, LLC, to me known to be such persons who executed
the foregoing instrument and acknowledged the same, for the purpose herein contained.
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•
,�Q'CARY R sel J. Rey
- Notary Public, innebago •unty, Wisconsin
PUBX-1 �: My Commission mss: Is Permanent
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CITY OF OSHKOSH
By: - A • . - ���_
• . Fitzpatrick,et ; - City anager
By: S_ . i
Pamela R. Ubrig, City erk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this 31 day of fU+4 , 2012, the above named John M.
Fitzpatrick and Pamela R. Ubrig of the City of Oshkosh, to me known to be such persons who
executed the foregoing instrument and acknowledged the same, for the purpose herein
contained.
Notary Public, Winnebago County, Wisconsin
My Commission expires: O//iz//4
APP LOVED AS TO F•RM:
• Lorenso' 't Attorney
This instrument drafted by:
Attorney Lynn A. Lorenson
Oshkosh, WI 54903-1130
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CONSENT OF MORTGAGEE
The undersigned, being the holder of a mortgage against the property identified and
described as "Easement Property" in this easement agreement, consent to the grant of the
easement set forth above and agree that its interest in the Easement Property shall be subject to
this easement.
THE OSHKOSH AREA COMMUNITY
FOUNDATION.CORPORATION
By
Eileen Connolly-Keesler, President and CEO
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before me this 23rd day of July , 2012, the above named
Eileen Connolly-Keesler of The Oshkosh Area Community Foundation Corporation, to me
known to be such person who executed the fore■oing instrument and acknowledged the same,
for the purpose herein contained.
........
• •SELL J. q 6••
J5.••''' ''••.'O , Notary Public, Wi bac o y • y, Wisconsin
ct-' OTARY • My Commission;: .o. s •-, . ent
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