HomeMy WebLinkAboutUtility Easement/Convenience Store Investments 1616412001 c 1111
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MT 2 5 2o13 dlity Easement
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1651090
Document Number Dowment Title
REGISTER'S OFFICE
THIS_ •• ""_•• � ' �i,.. Tj, WINNEBAGO COUNTY, WI
__, -:•- ��,;; = =f October,2013,
by CONVENIENCE STORE INVESTMENTS, a Wisconsin Limited Partnership, RECORDED ON
Grantor,and CITY OF OSHKOSH,a municipal corporation,located in Winnebago
10/23/2013 09:07 AM
County,Wisconsin,Grantee,
JULIE PAGEL
WITNESSETH: REGISTER OF DEEDS
IN CONSIDERATION of the sum of One Dollar($1.00)and other good RECORDING FEE 30.00
Recording Area
and valuable consideration paid by the Grantee,the receipt of which is hereby Name and Return Address
acknowledged,the Grantor,its successors and assigns,does hereby give and grant
unto the Grantee,its successors and assigns,and Grantee accepts,an easement over, City Attorney's Office
under,and through the land hereinafter described. Oshkosh,WI 54903-1130
1. PURPOSE: The purpose and use by Grantee of the Easement 1616412001
Property described in this document shall be for use by Grantee for
the location,use,and maintenance of public utilities. This easement, Parcel Identification Number (PIN)
and the public utilities therein,are related to the Grantor's development of parcel#1616412001 and the
corresponding development of an ingress/egress location connecting this property to North Washburn Street.
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"), as
identified in Exhibit A attached hereto, and described as follows:
PART OF THE LOT(1)ONE OF CERTIFIED SURVEY MAP NO. (,y 77G RECORDED
AS DOCUMENT NO.iln355( ,BEING A PART OF THE SOUTHEAST 1/4 OF
SECTION 16,TOWN 18 NORTH,RANGE 16 EAST,CITY OF OSHKOSH,WINNEBAGO
COUNTY,WISCONSIN. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT(1)ONE,ALONG
THE EASTERLY RIGHT-OF-WAY LINE OF N. WASHBURN STREET;THENCE
NORTH 82°34'49"EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE 4.96 FEET;
THENCE NORTH 01°29'08"EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE
0.96 FEET TO A POINT ON THE EASTERLY LINE OF AN EXISTING SIDEWALK
EASMENT CREATED IN SAID CERTIFIED SURVEY MAP; THENCE SOUTH
81°09'47"EAST 76.85 FEET;THENCE SOUTH 61°15'30"EAST 48.00;THENCE
SOUTH 28°44'30"WEST 70.64 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE;
THENCE 130.93 FEET ALONG SAID EAS I'ERLY RIGHT-OF-WAY LINE AND THE
ARC OF A CURVE TO THE RIGHT,WITH A RADIUS OF 397.00 FEET AND WHOSE
CHORD BEARS NORTH 43°03'47"WEST 130.34 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 5648.0 SQUARE FEET AND IS SUBJECT TO ALL
EXISTING EASEMENTS AND RESTRICTIONS OF RECORD.
Grantee shall exercise reasonable care and caution with respect to selecting the exact location of its
facilities within the Easement Property so as to minimize the effect on existing trees,bushes,
landscaping,buildings and other improvements.
3. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property for Grantee's
installation and maintenance of public utilities.
4. USE AS EASEMENT FOR PUBLIC PURPOSES: Grantee shall have the right to fully use the Easement Property
for public utility purposes,and in particular for public traffic signal electrical and detection loops along with all
related facilities provided that Grantee's facilities shall not unreasonably interfere with the operation of Grantor's
business. The Grantee shall have the right to access, survey,lay,construct,use,operate,maintain,test,repair,
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replace.relocate, and/or remove utilities, signs,and other related equipment and facilities at this driveway location
which are related to Grantor's development of its property. Grantee's use of the easement includes both surface and
underground facilities and equipment. Grantee's use of the easement shall allow,by way of examples, equipment and
facilities such as signal control cabinet(s), service pad(s), signal poles, signal heads, pedestrian push buttons and
signals,vehicle detectors,underground electric conduit and cabling, and related appurtenances. Facilities and
equipment Grantee may install includes,for illustration purposes,those identified in Exhibit B,attached hereto.
5. CONSTRUCTION/MAINTENANCE: Grantee shall be responsible for maintaining,repairing,and replacing all
public utility equipment,facilities,and structures within the Easement Property. Grantee shall secure and pay for all
necessary permits and other approvals required by any governing body or agency having jurisdiction over Grantee's
activities in the Easement Property. All construction, operations,repairs and maintenance of the Facilities shall be
done at Grantee's sole cost and expense. Grantee agrees to promptly restore or cause to be restored Grantor's land to
the condition existing immediately prior to any entry by the Grantee or its agents, except for turf areas will be
restored with topsoil and seed,vegetation removed to accommodate repairs or replacement will not be replaced and
items not shown on approved site plan will not be replaced.. Grantor shall be responsible for all other maintenance,
repair,and replacement of the Easement Property including vegetation,snow and debris,driveways,drive aisles,
sidewalk,and parking facilities.
a. Damages: Grantee shall be responsible for repairing any damage to Grantor's equipment,facilities, and/or
structures within the Easement Property which is damaged by Grantor's negligent actions related to its use of
this easement. Grantor shall be responsible for repairing any damage to Grantee's equipment,facilities,and/or
structures within the Easement Property which is damaged by Grantor's negligent actions related to its use of its
property. Due to the specialized nature of Grantee's facilities and equipment,any damage caused by Grantor's
negligence shall be repaired by Grantee with such costs reimbursed by Grantor. Neither Grantor nor Grantee
shall be responsible to the other for damages to their respective facilities,equipment,and property caused by
third parties. In instances involving damage by third parties, Grantor and Grantee retain all legal rights to seek
reimbursement from those third parties responsible for any damage.
b. Maintenance:Due to the important public safety aspects of Grantee's traffic signal facilities, and the specialized
nature of these systems,the parties anticipate significant attention given to the facilities and equipment installed
within the Easement Property. For routine inspections,testing,and maintenance,Grantee will provide at least
24 hours notice when feasible,and will make all reasonable efforts to perform such work in a way that
minimizes restrictions on vehicular and pedestrian access to Grantor's property. Emergency repairs, such as
those due to signal knockdowns or power failures,may be performed without notice,although Grantee will
make all reasonable efforts to perform such work in a manner that minimizes restrictions on vehicular and
pedestrian access to Grantor's property.For construction activities,which can be scheduled in advance,Grantee
shall verbally notify Grantor's onsite store manager prior to the commencement of Grantee's construction
activities that restrict access to driveways,drive isles or parking areas within the Easement Property. Such
notice shall indicate the anticipated start date and duration of such construction activities.
6. INTERFERENCE WITH EASEMENT: Grantor has received approval from the City of Oshkosh for certain
installations and uses of the Easement Property as part of its development of its property. Except for allowed uses
and installations,the Grantor, its agents or assigns, shall not interfere in any way with the Grantee's use of the
easement,and in particular shall not alter the slope or elevation of the easement, alter the vegetation associated with
the Easement Property,or install or construct any structures or improvements within the easement without permission
from the Grantee. Grantor shall not place,pile,or move snow or ice on the Easement Property.Grantor reserves the
right to utilize the Easement Property for any allowed purpose that will not materially interfere with the rights granted
herein by Grantor to Grantee,including,without limitation,the use of the Easement Property as parking lot,sidewalk,
driveway, landscaped areas,sign location, etc. Grantor shall be expected to promptly remove any materials or objects
it is directly,or inadvertently responsible for locating in the Easement Property and interfering with the easement or,
if Grantor fails to remove these materials or objects,Grantee shall remove them at Grantor's expense.
7. 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 assignee who demonstrates to the
Grantee sufficient competence and gives adequate assurances that any work to be performed in or around the
easement shall be conducted in a skillful manner,and that the Grantor's interest in the easement premises shall be
protected to the same extent as if the Grantee was itself performing the construction and maintenance.
8. DEFAULT: If either Grantor or Grantee reasonably believes that the terms of this Easement have been breached,
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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. However,Grantee may immediately repair its public utilities or remove
obstructions thereto on the Easement Property, at Grantor's cost,when it believes that the conditions materially
interferes with the lawful use of the Easement Property and/or poses a danger or hazard to the public.
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.
10. 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.
11. 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.
12. 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 through this Agreement.
13. 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 by the Grantee, applied to,and incorporated
within this agreement by the municipality and its agents,offices,and employees to any dispute related to 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:
Convenience Store Investments,Limited Partnership
c/o Legal Department
1626 Oak Street
LaCrosse,WI 54603
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
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 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 PAGES FOLLOW
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IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
CONVENIENCE S O' INVESTMENTS, Limited Partnership.
■
AfAk
Michael J.Anci ,resident of
Convenience Stare Investments,Inc.
General Partner
STATE OF WISCONSIN )
)ss.
LA CROSSE COUNTY )
Personally came before me this I v l l` day of October,2013,the above named Michael J.Ancius,to me known to be such
person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained.
Notary Public,La CMsse County,Wisconsin _���'o t A A
My Commission expires: q-it lb ? .+'' •'
3 y it • e_
CITY OF OSHKOSH n� kL
3 fQ =n
�, . G
By: (" ' , i 0.o- '�+.........
Fri S
M r A.Rohloff,City Manager /tttll C QNS��
By: • . 4 , at./
Cityf let!
STA lE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this I(t day of October,2013,the above named Mark A.Rohloffandl elit-Rig ofthe
City of Oshkosh,to me known to be such persons who executed the foregoing instrument and acknowledged the same,for the
purpose herein contained.
L,4„,„
Notary Public,Winnebago County isconsin
My Commission expires: 7 / //
AP'0OVED AS TO IRM:
Lynn . Lorenson, • Attorney
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
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