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Home My WebLink AboutSupplement to Lease/0102300000 1619607 SUPPLEMENT TO LEASE REGISTER'S OFFICE WINNEBAGO COUNTY, WI (SALE OF LEASEHOLD PROPERTY) RECORDED ON Document Number Document flue 10/31/2012 11:16 AM JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 30.00 Recording Area Name and Return Address City Attorney's Office Oshkosh,WI 54902-1130 90102300000 Parcel Identification Number (PIN) SUPPLEMENT TO LEASE (SALE OF LEASEHOLD PROPERTY) Drafted by: David J. Praska Assistant City Attorney Oshkosh,Wisconsin 54902 1 SUPPLEMENT TO LEASE (SALE OF LEASEHOLD PROPERTY) Document Number Document Title d -- .. Recording Area Name and Return Address City Attorneys Office Oshkosh,WI 54902-1130 90102300000 Parcel Identification Number (PIN) SUPPLEMENT TO LEASE (SALE OF LEASEHOLD PROPERTY) Drafted by: David J. Praska Assistant City Attorney Oshkosh,Wisconsin 54902 I. SUPPLEMENT TO LEASE ocrogE.R (SALE OF LEASEHOLD PROPERTY) THIS SUPPLEMENT TO LEASE (SALE OF LEASEHOLD PROPERTY) is made as of ir, 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) 6408 recorded in the Winnebago County Register of Deeds on October 5, 2009 in volume 1, page 6408, as Document Number 1520619. 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) 6408 recorded in the Winnebago County Register of Deeds on December 5, 2009 in volume 1, page 6408 as Document Number 1520619 (the "Approved Resale Property"). Ail 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. 2 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: Section 1.01 Release of Approved Resale Property from Lease. The Approved Resale Property, specifically Lot 1 of CSM 6408, recorded in the Winnebago County Register of Deeds on October 05, 2009 in volume 1, page 6408 as Document Number 1520619, 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.) 3 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 OSHK/O�SH, Wisconsin [SEAL] `., Mar' ' . Rohloff, ityltita-ney:r And I )k._ t , =L' Pamela R. Ubrig, City Cler REDEVELOPMENT AU ∎RITY OF THE CITY OF O KOSH ONSIN By: / � /�l� Thomas :elter, Chairperson [NO SEAL] And: 1 j �� . Allen Davis, III, Executive Director 4 STATE OF WISCONSIN ) ) ss. COUNTY OF WNNEBAGO ) On the 9C? day of 2012, before me, a Notary Public, in and for the State of Wisconsin, personally appeared before me Mark A. Rohioff, 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: ,WA4Q Ir . ) , 41" [SEAL] Name Printed: 6r( 4,e Notary Public, Winnebago Cou ty Wisconsin My Commission expires: 7�(r��C STATE OF WISCONSIN ) ) ss. COUNTY OF WNNEBAGO ) On the da y of , 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 H. Allen Davis, Ill, 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: ,1Q_ , CAli^ [SEAL] Name Printed: rleqe rdnc{+ Notary Public, Winnebago County, Wisconsin 7 My Commission expires: tri3 CC 5 .. j 4- r _ 1 5 2 6 1 'a C ' REGISTER'S OFFICE ¢ wINNE8AG0 GOUHTY, . WI • w ,A1 \ \ a� RECORDED OH ilNan cu will fun,.auws- ` !1:28At( ,cCCOS LI A so'Y£LL,w.sL,euo le g a mmarr RRGIST om, y � g ER OF DEEDS ' —_———-‘-\ - - --1-1 - wa, % PP RECORDING FEE 17.00 ' l , se T ROF SER E F ES 4 • %iii I ii + -c IN5 I C....V-VXr. z, . ilg 1 -! f i C.05�ko5 CI I 5 % i i , I•- // 4 /• III 1111111.60,0a !Ir e /1/ .. . 4.41 ,,,, 0 e b I g / /..r . . ..,‘. 1 if . ig i/villa ,// 'TIL..._ ,li_a_.i uoaro 7 ei 1 11 I iv , . .. , ,.,, , '11. ', ' fi �.�. a Ibr t 1 !I / / ��ti�ti�t�4(�tt�id Y t7Zil (((JJJ -. r:414;: 4‘. _ - ---- :c%' '�e0 .0 Egg <N\y\,lq '��!f1111t10 — 8 . • ,P'\ cr,, ..-: ,,.. ji . ..■ .6 +t p. 1 s - A ' jiii a z ;1ii Exhibit 11 10f5 • • C.D4.1og CERTIFIED SURVEY MAP BEING A LOT 1 MD E SOUTTH21/2 OFFTTHENOI 1//4NMD PART OF THE AECOM NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, FIRST WARD, CITY OF OSHKOSH,.WINNEBAGO COUNTY. WISCONSIN. 1035 Kepler Drive Green Bay,WI 54311 920.48519Te www.aecam.wm o•A.ye fpteae eF MCCM • SURVEYORS CERTIFICATE 1, Craig D. Hansen, registered land surveyor, hereby certify; That In full compliance with the provisions of Chapter 236, and under the direction o of tthenRedevelopment Authority of the City ofnOshkoshn owner oofoeaid land, I have surveyed,divided and mapped the following land being all of Lot 1 and Lot 2 of Certified Survey Map Number 5879. Being a port of the South 1/2 of the Northeast 1/4 and part of the North 1/2 of the Southeast 1/4 of Section 23, Township 18 North, Range 19 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin. more fully described as follows: Commencing at the East TQ corner of said Section 23; thence 501'17'26"E along the east line of the Northeast 1/4 of said section, 403.23 feet; thence S88'42.341Y, 69.52 feet to a point on the west right—of—way of Jackson Street and the easterly line of Lot 1 of Certified Survey Map Number 5879, that also being the Point of Beginning; thence along said right—of-way and the easterly line of sold Lot 1 SO1'24'37"E, 291.05_feet; thence along the easterly line of said Lot 1 586'35'23'W, 30.00 feet; thence continuing along the easterly line of sold Lot 1 S05'06'42'W, 88.04 feet to the southeast corner of said Lot 1: thence along the southerly line of said Lot 1 N65'43'26'W, 856.90 feet; thence N6210'2614, 816.83 feet along the southerly fine of said Lot 1 and the southerly line of Lot 2 of Certified Survey Mop Number 5879 to the southwesterly corner of said Lot 2; thence along the westerly lie of said Lot 2 N3705'00"E, 214.73.feet to a point on the southerly right—of—way of Marton Road and the northwest corner of said Lot 2; thence along sold southerly right—of—way S65'46'22'E, 886.59 feet; thence continuing along said southerly right—of—way S65'54'10'E, 135.02 feet; thence continuing along sold southerly right—of—way N8520'29`E, 60.73 feet; thence continuing along said southerly right—of—way N8533'48 of 35.00 feet, hoseerchord bears 546'25'24"E, 49.51e feet to a point on 4 t o the feet westerly tighft woyeof Jackson Street and the Point of Beginning. Said parcel contains 370,658 square feet or 8.509 acres mare 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, • • • 111111 111711rr' . ,•c4..`..—9/ 7 .`` \S9°NS/A .'' e 0.HANSEN 6-2840 REGISTERED LAND SURVEYOR, CRAIG. SEPTEMBER 20, 2009 — D. - *? HANSEN * THIS u eH ORIGINAL SURVEY •• S-2840 Docul, NT If THE PRMESSI0N*L • , APPLETON SEAL IS IMPRINTED IN RED AND •' ' WI ` SIGNED IN BLUE • Z, ,,. 'Se; 7,1/,SUFt�E,.`. 'rlltrru114111 • SHEET 12 OF 3 124;. . 401 rs & , z D' WN9Y �-.1 Iu it a1) DATE DRAWN 8 -1. • • • CERTIFIED SURVEY MAP C-ia? AU. OF LOT 1 AND LOT 2 OF CERTIFIED SURVEY MAP MINDER 6879. I BEING A PART OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 AND PART OF THE j AECOM NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, f FIRST WARD, CiTY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. 1035 Kepler Drive Green Bey,WI 54311 S20.4E5.1075 www.aecom.com ceneeneaoas Pp=Old MUNICIPAL OWNER'S CERTiFICAT� The Redevelopment Authority of the City at Oshkosh, a separate body public organized and existing under and by virtue of the Laws of the State of Wisconsin, as owner, doss hereby certify that said Authority caused the land described to be surveyed, divided, 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 Bald Redevelopment Authority, has caused these presents to be signed by Jackson R. Kinney Executive Director ' , and countersigned by 11=es meter Chairmen ° . its at - Oshkosh Slisccr14f1] this 23th day of Sept a 2D 09 , Redevelopment Authority of the City of Oshkosh: Jo 7 . Kinney - Exec �Dinctory //sue Thomas Salter Chairman . STATE OF WISCONSIN) .:SS WINNEBAGO COUNTY) Pereonaly came before me this 20th day of SePtembe , 2009 the aforementioned representatives the Redevelopment Authority of the City of Oshkosh. known to me to be the persons who executed the forgoing instrument an c owledged the sam'. AWL Notary'Public. My,commission expires 0(?/'6/8 TYrinebogdi County,State of Wisconsin • CITY OF OSHKOSH PLANNING COMMISSION CERTIFlCATE OF APPRVA This Certified Survey Mop of port of the South 1/2 of the Northeast 1/4 and part of the North 1/2 of the Southeast 1/4 in Section.23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin, Is hereby approved. ,,� zy Q9 C1t a ng Commission • Representative Date • • ,1111111terii,,, , wear s sass 9A/o7= }iAtDSEN :::y�"REGISTERED LAND SURVEYOR r S-2840 - •SEPTEI(SER-20, 2000 APPLETON THIS iS AN ORIENAL SURVEY i •, WI DOCUMENT IF 7HE PROFESSIONAL, . ��C1+ ''..yam``v -SEAL IS IMPRINTED IN RED AND f'j SURN N SHEET 3 OF 3 SIGNED IN SLUE Igi'rttiltl,"‘ - PROJECT No. 200700$4 CADD FILE PROPOSED-CSNX h' I 5:� • DRAWN BY CDH ` • DATE DRAWN 8/27/09 • •