HomeMy WebLinkAboutATT/0606820000 111111111 I HII
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asenrent 1647568
REGISTER'S OFFICE
Document Number 'Document Title WINNEBAGO COUNTY, WI
RECORDED ON
THIS INDENTURE,made this Tin day of Sep fern ber'' ,2013, 09/09/2013 09:11 AM
by CITY OF OSHKOSH.,215 Church Avenue,Oshkosh,Wisconsin 54901,
a municipal corporation,Grantor,and WISCONSIN BELL,INC., d/b/a.AT&T— JULIE PAGEL
Wisconsin, 722 North Broadway, Milwaukee, Wisconsin 53202 a Wisconsin REGISTER OF DEEDS
Corporation, Grantee,
WITNESSETH: RECORDING FEE 30.00
Recording Area
IN CONSIDERATION of the sum of One Dollar($1.00)and other good Name and Return Address
and valuable consideration paid by the Grantee,the receipt of which is hereby
acknowledged,the Grantor,its successors and assigns,does hereby give and grant City Attorney's Office
unto the Grantee,its successors and assigns,and Grantee accepts,an easement over, Oshkosh WI 54903-1130
under,and through the land hereinafter described.
1. PURPOSE: An easement to construct,repair,modify,supplement, 90606820000
maintain,operate and/or remove facilities for the transmission of Parcel Identification Number (PIN)
signals used in the provision of communication,video and/or information services and/or any other services
or uses for which such facilities may be used including,but not limited to,an equipment cabinet or
enclosure,support posts or pads,cables,wires,pedestals or other enclosures,marker posts and signs,and
other related or useful equipment,fixtures,appurtenances and facilities.
2. EASEMENT PROPERTY: The Easement Property is within certain City-owned tracts of land situated
within in the City of Oshkosh and is used for recreational purposes,together with parking for those purposes.
The City's tracts of land are legally described as: City of Oshkosh,Sixth ward,M.H.Eaton's 1"Addition,
Lots 1,2,3,4,5,and 10,City of Oshkosh,Winnebago County,Wisconsin. The Easement Property within
these City-owned tracts of land are more particularly described as:
An 8 foot by 12 foot Easement Area,lying Westerly of the Westerly line of S.Sawyer Street and more
particularly described in the attached Exhibit A,which is incorporated into and made a part hereof by
reference;and,
A 6 foot wide Easement Area,lying Westerly of and abutting the Westerly line of S.Sawyer Street and
more particularly described in the attached Exhibit A,which is incorporated into and made a part hereof by
reference.
Address: 713 S.Sawyer Street,Oshkosh,WI.
3. MAP: A map reflecting the location of the Easement Property is attached as Exhibit A and fully incorporated in this
document.
4. EASEMENT: The Grantor grants,and the Grantee accepts,an easement over,under,and through the Easement
Property to construct,repair,modify,supplement,maintain,operate and/or remove facilities for the transmission of
signals used in the provision of communication,video and/or information services and/or any other services or uses
for which such facilities may be used including,but not limited to,an equipment cabinet or enclosure,support posts
or pads,cables,wires,pedestals or other enclosures,marker posts and signs,and other related or useful equipment,
fixtures,appurtenances and facilities together with the right to have commercial electrical service extended across the
Easement Area to provide service to such facilities.
a. Grantee's facilities within the Easement Property shall be underground unless otherwise explicitly allowed by
Grantor. The Grantee's approved above-ground facility is an above-ground cabinet substantially similar to the
cabinet shown on Exhibit B,attached hereto,or a smaller or less intrusive cabinet or facility. Grantor
understands that the nature of Grantee's business will change over time,and therefore Grantor agrees to
negotiate in good faith regarding the potential future above-ground facilities.
August 22, 2013 1
b. Grantor and the public may continue using the Easement Property to the extent that it does not materially
interfere with Grantee's allowed use(s)of the Easement Property and its facilities therein.
c. Grantor shall obtain the approval of Grantee before the addition of any utilities,structures,or landscaping to the
Easement Property,and such approval shall not be unreasonably denied.
5. PUBLIC PARK AND PARKING LOT: The Easement Property is located within City-owned tracts of land used by
Grantor as a public park and a public parking lot. As a result,the Easement Property and Grantee's facilities therein
are located in an area of significant pedestrian and vehicular traffic. Grantee knowingly chooses to place its facilities
within the Easement Property described in this Agreement,accepts the risks related to this location,and agrees that it
is responsible for taking sufficient precautions to protect its facilities. Grantor makes no representations regarding the
suitability for Grantee's facilities at this location,and assumes no additional responsibilities or liabilities to Grantee
for issues or damages which affect Grantee's facilities,except for Grantor's willful or negligent actions.
a. Grantee shall be allowed to locate and use its facilities,including an above-ground cabinet substantially similar
to the cabinet shown on Exhibit B,attached hereto,or smaller or less intrusive,within the Easement Property
required for the normal operations of its business.
b. Grantee may access the Easement Property through the Grantor's public parking lot. Except for emergencies,
Grantee shall not block or obstruct parking stalls,drive aisles,or ingress/egress to/from the public parking'lot
without prior approval of the Grantor. In emergency situations,Grantee shall notify Grantor as soon as
practicable of any disruption in functioning of the Grantor's parking lot and thereafter shall work in good faith
with the Grantee to minimize impacts upon the usage of the Grantor's facilities. In non-emergency situations,
Grantee shall provide a minimum of thirty(30)calendar days advance notice of any work within the Easement
Property that is reasonably expected to impact the Grantor's facilities. Street obstruction permits must be
obtained for any disruption of Grantor's facilities. Such permits must be obtained prior to any disruption if a
non-emergency,and as soon as practicable after the commencement of an emergency.
c. Approved,temporary closures of some or all of the public parking lot shall not exceed fourteen(14)consecutive
days without written approval of the Grantor.
6. COMMUNICATION SYSTEM: Grantee shall have the right to use the Easement Property as part of its
communications system. The Grantee will install an above ground cabinet for its communications business purposes
and underground wires from the Sawyer Street right of way to the above ground box along with all other necessary
underground appurtenant facilities necessary for the functioning of the approved communications facilities. It is not
intended for additional above ground facilities except for the aforementioned cabinet,and no further above ground
facilities shall be installed without the special approval of the Grantor. The underground facilities shall be no less
than four(4)feet below the current surface elevation. Subject to the terms of this Agreement,the Grantee shall have
the right to access,survey,lay,construct,use,operate,maintain,repair,replace,relocate,and/or remove its
communication facilities within or from the Easement Property.
7. MAINTENANCE:
a. Grantee shall grade,seed,and otherwise return the surface of the Easement Property to a condition the same or
better than that prior to any work Grantee performs at the Easement Property,above-ground facilities excepted.
b. Grantee shall be responsible for maintaining its above-ground cabinet,its underground wiring,and all related
communication appurtenances incorporated into the Easement Property,including the maintenance,repair,and
replacement of all of its facilities and equipment located over,under,and through the Easement Property. The
Grantee shall,after the initial construction of the communication wires,boxes,and facilities,be fully responsible
for grading and restoring the surface of the Easement Property to the same or better condition than it was at the
time of installation. After the initial installation of the communication wires,boxes,and facilities,Grantee shall
be fully responsible for repairing the surface of the Easement Property which is damaged by Grantee's use of the
Easement Property,or after Grantee's repair and/or maintenance of its facilities,to the same or better condition
than at the time of the repair or maintenance commenced.
c. Grantor shall be responsible for all normal and routine maintenance and repairs of the Easement Property,
including, but not limited to,normal park and parking lot maintenance,upgrades, and vegetation maintenance,
August 22, 2013 2
the extend of which all depends upon the anticipated seasonal use of the park and parking lot. Grantor shall
notify Grantee and receive Grantee's approval prior to digging or otherwise removing soil and other materials
more than two(2)feet below the surface elevation.
8. INTERFERENCE WITH EASEMENT: Grantor shall not construct or cause to be constructed temporary or
permanent buildings or trees on the Easement Property without permission from the Grantee. Fences,shrubs or
similar vegetation,may be installed in the Easement Property upon the written permission of the Grantee. Grantor
shall be allowed to change the surface grade at its discretion,provided such changes to not result in less than two(2)
feet of cover over Grantee's underground facilities,
9. 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.
10. 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. However,Grantee may immediately remove any object or material which it
believes materially interferes with the design of the natural gas transmission facility.
11. TERM: This easement is being granted in perpetuity for communications 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.
12. EXISTING EASEMENTS: Neither party is aware of other or competing easements on or in the Easement Property.
13. 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.
14. 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.
15. 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.
16. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the municipality's right or
opportunity to rely upon 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 are incorporated into this agreement and
shall govern all disputes,contractual or otherwise,as they apply to the municipality and its agents,officers,and
employees.
17. 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.
18. 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.
August 22, 2013 3
FOR THE GRANTOR:
Wisconsin Bell,Inc.
c/oNetwork Right of Way
2005 Pewaukee Rd
Waukesha,WI 53188
FOR THE GRANTEE:
City of Oshkosh
do Director of Parks
P.O.Box 1130
Oshkosh,WI 54903-1130
19. 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 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.
SIGNATURE PAGE FOLLOWS
August 22, 2013 4
IN WITNESS WHEREOF,said Grantor has hereunto set their hand and seal the day and year first above written.
WISCONSIN BELL,INC.
d/b/a AT&T-Wisconsin
By:
Trent& --•
By: O .i 0
• ' .. , i (J y 1/1"„+ e1
(print name) (title) r/10014)
el
OF WISCONSIN )
ss.
MILWAUKEE COUNTY �--
Personally came b fore me this day of . ,2013,t ove n. ed ,
of Wisconsin Bell, c.,d/b/a AT&T- isconsin,to me km awn to be s t person w o exe ed th=foregoing instrume 44—
acknowledged t1)e same,for the purpos her�in'contained. j
�/ Notary Public,Milwaukee County,Wisconsin *-(' '
My Commission expires:
STATE OF WISCONSIN )
MA-HitE}E'COUNTY ) G
Personally came before me this a Ord y of At •It U,± ,2013,the above named '0 k'N Tj . . Cr irAt''of
Wisconsin Bell,Inc., d/b/a AT&T-Wisconsin,to me[Mown to be such person who executed the foregoing instrument and
acknowledged the same,for the purpose herein containeI.
4 Libndi Ira • Lr4' ,
Notary Public,Mil -ukee County,W c N
/ D .fin-:✓
My Commission expires:
CITY OF OSHKOSH
By: 124.-- X l� /,
M,r' •.Rohloff,City .• : _
By: %,,l1rt_' - ! dr
Pamela R.Ubrig,City Cler
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this Lii 746 day of 3..t. t ,2013,the above named Mark A.Rohloff 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.
t ? 1'0-4
Notary Public/Winnebago County,Wisconsin
My Commission expires: ,1 J;,2-/7
AP'&OVED AS TO O' :
r.
A, II 1I I Pi'�.1
.Lorenson,iv! 'ttorney
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
August 22, 2013 5
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