HomeMy WebLinkAboutJohnson/1519606500 11111111 I IIlI ifi
8073557
Tx:4050706
Easement 1628642
Document Number Document Title REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
THIS INDENTURE,made this 91441 day of Si rht .r' , 2013, RECORDED ON
by the CITY OF OSHKOSH,a municipal corporation,located in Winnebago
County,Wisconsin,Grantor,and RONALD H.AND JANE K.JOHNSON, 02/07/2013 09:22 AM
LLC,a Wisconsin Limited Liability Company,Grantee, JULIE PAGEL
REGISTER OF DEEDS
WITNESSETH:
RECORDING FEE 30.00
Grantee owns the property described on and identified as Parcel I on Recce Area
Exhibit A attached hereto and made a part hereof and also owns the Name and Return Address
property described and identified as Parcel II on Exhibit B attached hereto City Attorney's Office
and made a part hereof. Oshkosh,WI 54903-1130
IN CONSIDERATION of the sum of One Dollar($1.00)and other goad 91519606500
and valuable consideration paid by the Grantee,the receipt of which is
Parcel Identification Number (PIN)
hereby acknowledged,the Grantor,its successors and assigns,does hereby
give and grant unto the Grantee, its successors and assigns, and Grantee accepts,a non-exclusive private storm water
utility easement 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 use by Grantee for the benefit of Parcel I and Parcel II as part of its private storm water
management system. Specifically,Grantee will be installing an underground storm water pipe
under the Easement Property.
2. PROPERTY: The property subject to this 20 foot wide utility 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 as follows:
A parcel of land being part of the Northeast 1/4 of the fractional
Northwest 1/4 of Section 1,Township 18 North,Range 16 East,
Town of Oshkosh,Winnebago County, Wisconsin,bounded and
described as follows:Commencing at the North 'A Corner of
Section 1; thence S00°32'14"E,33.00 feet along the East line of
the fractional Northwest'A of Section 1 to a point on the South
Right of Way Iine of Snell Road; Thence S88°57'17"W,66.00 feet
along the Westerly extension of the South Right of Way line of
Snell Road to the West Right of Way line of Moser Street; Thence
S00°32'14"E, 899.25 feet along said West Right of Way line to a
point on the Easterly extension of the North line of Certified Survey
Map Number 3585 as recorded in Volume 1 of Certified Survey
Maps on Page 3585; Thence S88°57'18"W,93.00 feet along said
Easterly extension to the Point of Beginning;Thence S01°02'42"E,
15.00 feet;Thence S88°57'18"W,20.00 feet; Thence N01°02'42"W,
15.00 feet to a point on the Easterly extension of the North line of
Certified Survey Map Number 3585;Thence N88°57'18"E,20.00
feet along said Easterly extension to the Point of Beginning. Said
parcel contains 300 square feet(0.01 acres)of land more or less.
Subject to all Easements and Restrictions of Record.
Street Address: Moser Street,Oshkosh,Wisconsin
January 11, 2013 1
3. MAP: A map reflecting the location of the Easement Property is attached as Exhibit C and fully
incorporated in this document.
4. ACCESS RIGHTS: Grantee, and any subsequent owner of either Parcel I or Parcel II,or both, shall have
the right to access and use the Easement Property for Grantee's storm water management system.
5. USE FOR STORM WATER MANAGEMENT SYSTEM: Grantee shall have the non-exclusive right to
use the Easement Property as part of its private storm water management system. The Grantee is allowed to
install,maintain,repair,and replace a private storm water drainage pipe underground in a manner that does
not damage,disrupt, interfere,or affect the surface use of the Easement Property, which currently is
contains a railroad track. The Grantee shall have the right to access, survey,lay,construct,use,operate,
maintain,repair, replace,relocate,and/or remove the underground storm water drainage facilities.
6. MAINTENANCE: Grantee shall be responsible for maintaining its private storm water drainage facilities
incorporated into the Easement Property, including the maintenance,repair,and replacement of all storm
water facilities located under and through the Easement Property. In the event that the surface of the
Easement Property is damaged during the initial installation, or from subsequent maintenance or repairs,the
Grantee shall return the surface to its condition prior to disruption.
7. INTERFERENCE WITH EASEMENT: Grantor may use the Easement Property,or allow its use by other
parties,provided such use does not interfere with Grantee's use of the Easement Property. Except for
emergency circumstances,the Grantor shall notify Grantee before the Easement Property is used for new
purposes.
8. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the
construction and maintenance rights identified herein to any contractor,third party, or other person.
Assignees must demonstrate to the Grantee that they have sufficient competence and must give adequate
assurances that any work to be performed in or around the easement shall be conducted in a skillful manner.
Assignees must also protect the Grantor's interest in the easement premises to the same extent as if the
Grantee was itself performing the construction or maintenance.
9. 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 sixty(60)days to cure any actual breach,except in the case of any interference with the
permitted use of the Easement Property causing, or threatening to immediately cause the backing up of
storm water or other drainage that threatens to cause harm to the Easement Property or Grantee's property,
in which case Grantee may take immediate action to permit the free flow of storm water or other drainage
through the drainage pipe in the Easement Area. All costs and expenses incurred under such emergency
circumstances due to Grantor's negligence shall be reimbursed by Grantor to Grantee within sixty(60)days
of receipt of a bill for the same.
10. TERM: This easement is being granted in perpetuity. 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,with respect to the Easement Property and both Parcel I and Parcel II.
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 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
January 11, 2013 2
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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. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the municipality's right
or opportunity to rely upon or use the municipal limitations and immunities contained within Wisconsin
law. Municipal immunities and limitations include,but are not limited to, Sections 345.05, 893.80,and
893.83,Wisconsin Statutes. Such damage limits,caps and immunities are intended to be preserved and
applied,and are incorporated into this agreement and shall govern all disputes regardless of the underlying
theory for relief,whether contractual or otherwise,as they relate to the municipality and its agents,officers,
and employees.
15. 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.
16. 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:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh,WI 54903-1130
FOR THE GRANTEE:
Ronald H.Johnson
Jane K.Johnson
5171 Island View Drive
Oshkosh,WI 54901
17. AUTHORITY: The Grantor 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 Grantor. Grantee affirms that it has the authority without limitation to enter into this easement
agreement. The undersigned assert and affirm that they have they have the authority without limitation to
enter into this easement agreement on behalf of the Grantor and Grantee.
SIGNATURE PAGES FOLLOW
January 11, 2013 3
. IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above
written.
RON MD H.AND JANE K.JOHNSON,LLC
By: Ronald H. John • ,Member
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=AL A - ► i1 LA AIL
Jane K. Johnson,Miser
STATE OF A//f' c✓1 i✓ )
)ss.
,'A I' COUNTY )
Personally came before me this day of y ,201 3,-the abov- 'arced Ronald H.Johnson,to me
known to be such person who executed the foregoing instru j t an• - 4;4 wled_e I . e,for the purpose herein
contained. ����
..A ubhc, /
�'v//Jiuti s i.:✓ County, !1//s✓�r4c
My Commission expires: y .2G/�
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this /7 day of J ' -(1 f ji ,2013,the above named Jane K.Johnson,to me
known to be such person who executed the foregoin instrument and ac L••wledg• e , e,for the purpose herein
contained.
Noblic,Winnebago County, isconsin
My Commission expires:
CITY OF OSHKOSH -
M k A.Rohloff, City Manager Pamela R.Ubrig,City erk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this f h day of JA n uz; A, 2013, the above named Mark A. Rohloff and
Pamela R.Ubrig of the City of Oshkosh,to me known to be such pdrsons w1 o executed the foregoing instrument and
acknowledged the same, for the purpose herein contame‘. r'
Notary ublic,Winnebago County,Wisconsin
My Commission expired: :22 /
' OVE. • ;) FORM.
L s'4+A. Lorenso , ' ity Attorney
This instrument drafted by
Attorney David J.Praska
Oshkosh,WI 54903-1130
January 11, 2013 4
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EXHIBIT i
Legal Description for Parcel I:
The East 57 rods of the North 56.1%2 rods of the NORTH WEST 1/4 of Section 1, Township 18
North,Range 16 East,in the Town of Oshkosh,Winnebago County,Wisconsin,excepting therefrom
the two (2) following described tracts of land,viz:-
1. That portion thereof heretofore conveyed to the City of Oshkosh by Deed recorded in Document
No. 540444.
2.Lot 1 of Certified Survey Map No. 1976 filed in Volume 1 of Certified Survey Maps on Page 1976
as Document No. 719361.
Tax Key No. 018-0012
Property Address: E. Snell Road,Oshkosh,WI 54901
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Exhibit
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EX $TT II
Iegal Description for Parcel II:
That part of Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20,and of Neenah Avenue (now vacated),all
in LOTHE ACRES, City of Oshkosh, Winnebago County, Wisconsin and a tract of land in the
Northeast Quarter(NE 'A)of the Northwest Quarter(NW 1A)and in the Southeast Quarter(SE 'A) of
the Northwest Quarter (NW'1A) of Section One (l), T18N, R16E, all being in the Fifteenth Ward,
City of Oshkosh,Winnebago County,Wisconsin,all being described as follows,viz:-
Commencing at the North Quarter corner of said Section 1; thence South 0 degrees 2 minutes.44
seconds east,along the East line of the North West 11/, of said Section 1, 947.25 feet;thence South 89
degrees 27 minutes 7 seconds west, 66.00 feet,the place of beginning; thence continuing South 89
degrees 27 minutes 7 seconds west, 606.47 feet; thence South degrees eet tmhence North 0 degrees
695.00 feet; thence North 89 degrees 27 minutes 7
2 minutes 44 seconds West,695.00 feet,to the place of beginning.
AND
The North Thirteen(13)feet of a part of the Southeast Quarter,(SE 14)of the Northwest Quarter(NW
''A)of Section One(1),Township Eighteen(18)North,Range Sixteen(16)East, in the Fifteenth(15th)
Ward, City of Oshkosh, Winnebago County, Wisconsin, being described by: Commencing at the
North Quarter(N.1/+) corner of said Section 1,thence S00°-02'-37" East,2341,15 feet along the East
line of the Northwest Quarter(NW 'A) of said Section.1,thence S89°-25'-19"West, 66.00 feet to the
Northeast corner of the Wisconsin Public Service Corporation property as described in Document
No.484033 of records on file in the Winnebago County Register of Deeds office and the true point of
beginning; thence continue S89°-25'-19" West, 607.26 feet along the North line of the Wisconsin
Public Service Corporation property as described in said Document No. 484033, thence N00°-00'-
39" West, 699.27 feet to the Southwest corner of the Wisconsin Industrial Shipping Supplies, Inc.
property as recorded in Document No. 534839 of records, thence N89°-27'07" East, 606.89 feet
along the South line of the Wisconsin Industrial Shipping Supplies, Inc. property as recorded in
Document No. 534839 to its Southeast corner thereof,thence S00"-02'37"East, 698.93 feet along the
West line of Moser Street to the true point of beginning.
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TAX ID.: 915-1960-64 .
PROPERTY ADDRESS: ' 3555 Moser Street,Oshkosh,Wisconsin,54901 •
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Page 9 of 10
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