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HomeMy WebLinkAboutSecnd Amendment to Ground Lease/City Center . 111111111111111111 or l z trig l -Ci Clerk SECOND AMENDMENT TO 8 0 4 5 5 1 2 -Comm• De.v. GROUND LEASE Tx:4031419 COp.)- CI A" , Document Title 161.4940 DOCUMENT NO. _ REGISTER'S OFFICE WINNEBAGO COUNTY, WI THIS SECOND AMENDMENT TO GROUND LEASE,is made and entered into.this RECORDED ON 296 day of October,2004,by and between City Center Associates,L.L.C., a Wisconsin n9/t3/2012 y:1,. PM limited liability company(hereinafter referred to as"Lessor")and City of Oshkosh, a municipal corporation(hereinafter referred to as"Lessee"). IULIE PAGEL REGISTER OF DEEDS RECITALS RECORDING FEE 30,00 1.01 Park Plaza of Oshkosh,Inc.,as Lessor and Lessee,as Lessee,entered into a Ground Lease dated August 26, 1985 (hereinafter the"Ground Lease")under Recording Area which Park Plaza of Oshkosh,Inc. leased certain real estate to Lessee for the construction of a parking ramp and granted to Lessee a"Driveway Easement"for NAME AND RETURN ADDRESS ingress and egress to the parking ramp(hereinafter the"Driveway Easement"). A ATTORNEY RUSSELL J.REFF Memorandum of Ground Lease setting forth certain provisions of the Ground P.O.BOX 1190 Lease was recorded in the office of the Register of Deeds for Winnebago County, OSHKOSH,WI 54903-1190 Wisconsin on May 13, 1986 as Document No.651593. An Amendment of Ground JW ,4r Lease dated September 25, 1987 amending the legal description of the Driveway Easement was recorded in the office of the Register of Deeds for Winnebago County,Wisconsin on December 28, 1987 as Document No. 693941. A Memorandum of Amendment to Ground Lease dated September 25, 1987 setting Parcel Identification Number(PIN) forth certain provisions of the Amendment to Ground Lease was recorded in the office of the Register of Deeds for Winnebago County,Wisconsin on December 28, 1987 as Document No. 693942. A Correction of Memorandum of Amendment of Ground Lease dated January 18, 1988 correcting the legal description of the Driveway Easement was recorded in the office of the Register of Deeds for Winnebago County,Wisconsin on February 18, 1988 as Document No. 696255. 1.02 Lessor is the current owner of the real estate subject to the Ground Lease and the Driveway Easement and is the current lessor under the Ground Lease. 1.03 Lessor and Lessee are executing this Second Amendment of Ground Lease to further amend the location and legal description of the Driveway Easement. AGREEMENT NOW,THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereby agree as follows: 2.01 Recitals. The foregoing recitals are adopted by the parties,incorporated herein by reference and made a part of this Agreement. 2.02 Amendment of the Driveway Easement. The location of the Driveway Easement granted to Lessee under the Ground Lease,as previously amended, is hereby further amended by substituting the following as the legal description of the Driveway Easement: (Legal description attached hereto and made a part hereof as Exhibit 1) This information must be completed by submitter:document title,name&return address, and PIN(if required). Other information such as the granting clauses,legal description,etc.may be placed on this first page of the document or may be placed on additional pages of the document. Note:Use of this cover page adds one page to your document and$2.00 to the recording fee. Wisconsin Statutes 59.517. WRDA 2/96 03 All other real estate previously subject to the Driveway Easement is hereby released from the Driveway Easement to the same extent as if said real estate had never been subject to the Driveway Easement. 2.03 Other Provisions of Ground Lease. All provisions of the Ground Lease, as previously amended,not expressly modified by this Second Amendment of Ground Lease shall remain in full force and effect. 2.04 Recording. A copy of this Second Amendment of Ground Lease shall be recorded in the office of the Register of Deeds for Winnebago County,Wisconsin. 2.05 Binding Effect. This Second Amendment of Ground Lease shall be binding upon and inure to the benefit of each of the parties and their respective heirs, successors, transferees and assigns. IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the day and year first written above. CITY OF OSHKOSH By / ( �� !% ' •and A.Wollangk,City Mana r Attest: Pamela R.Ubrig, City Clerk CITY CENTER ASSOCIATES, L.L.C. By: __T Jef' ey E.Pauly, anger AUTHENTICATION Signatures of Richard A. Wollangk, Pamela R.Ubrig and Jeffrey E. Pauly authenticated this 29th day of October,2004. `--(.. �-1 4 Russell J. Reff TITLE: MEMB • STAT : ' • OF WISCONSIN This instrument was drafted by: Russell J. Reff,Attorney-at-Law 217 Ceape Avenue, P.O. Box 1190 Oshkosh,WI 54903-1190 2 EXHIBIT 1 Part of Unit 2 of City Center Condominium being part of the Northwest 1/4 of the Southwest 1/4 of Section 24,Township 18 North,Range 16 East,First Ward,City of Oshkosh,Winnebago County,Wisconsin,described as follows: Commencing at the Northeast Corner of Lot 1 in Moore's Subdivision;thence N89°25'39"W, 184.48 feet to a point on the West line of Commerce Street;thence along said West line,N00°24'46"E, 19.09 feet to the point of beginning;thence continuing along said West line N00°24'46"E,30.00 feet;thence N89°31'24"W,244.73 feet;thence S00°30'00"W,95.20 feet;thence S89°30'00"E,22.00 feet;thence N00°30'00"E, 65.21 feet;thence S89°31"24"E,222.78 feet to the point of beginning.