HomeMy WebLinkAboutSidewalk/Convenience Store Investments/1616412001 I1 11111111 III 1 11111
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Tx:4086684
Sidewalk Easement 1651089
Document Number Document Title
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
THIS INDENTURE,made this Apik day of October,2013, RECORDED ON
by CONVENIENCE STORE INVESTMENTS, a Wisconsin Limited Partnership,
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
Recording Area
IN CONSIDERATION of the sum of One Dollar($1.00)and other good Name and
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, �O� �shkoshh,WI 54903-1130
1 under,and through the land hereinafter described. �J' c-"
1. PURPOSE: The purpose and use of the Easement Property 1616412001
described in this document by the Grantee shall be for the Parcel Identification Number (PI )
construction and maintenance of a public sidewalk. This easement,and the public sidewalk therein,are
related to the Grantor's development of parcel#1616412001 and the corresponding need for pedestrian
access to this and other properties in this area of limited right-of-way availability.
2. SIDEWALK: The size,location, and construction,including the time of construction,shall be at the
discretion of the Grantee. Both parties agree that the installation,maintenance,repair,and replacement of
the sidewalk shall be the responsibility, financial and otherwise,of the Grantor,its successors and assigns in
the same manner as sidewalks within rights-of-way are treated pursuant to all relevant codes,rules,and
statutes pertaining to sidewalks within the City of Oshkosh.
3. 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 AND(2)TWO OF CERTIFIED SURVEY MAP
N0.0,10,RECORDED AS DOCUMENT NO.)14-3351Na,BEING A PART OF
THE NORTHEAST 1/4 AND THE NORTHWEST 1/4 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:
COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 16;THENCE
SOUTH 00°28'43"EAST ALONG THE EAST LINE OF THE SOUTHEAST'/.
OF SAID SECTION,685.09 FEET;THENCE NORTH 61°15'30"WEST 622.34
FEET TO THE NORTHEAST CORNER OF SAID LOT 2;THENCE SOUTH
00°13'04"EAST ALONG THE EAST LINE OF SAID LOT 2 A DISTANCE OF
168.41 FEET TO THE POINT OF BEGINNING OF DESCRIBED EASEMENT;
THENCE CONTINUING SOUTH 00°13'04"EAST ALONG SAID EAST LINE
5.12 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2 AND A POINT ON
THE NORTHERLY RIGHT-OF-WAY LINE OF NORTH WASHBURN STREET;
THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE 102.86
FEET ON THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 485.00
FEET AND WHOSE CHORD BEARS NORTH 83°45'22"WEST 102.66 FEET;
THENCE NORTH 89°49'54"WEST ALONG SAID RIGHT-OF-WAY LINE,266.48
FEET;THENCE NORTHWESTERLY 389.53 FEET ALONG SAID RIGHT-OF-WAY
LINE ON THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 397.00
FEET AND WHOSE CHORD BEARS NORTH 61°43'23"WEST 374.09 FEET;
p,+k
THENCE NORTH 82°34'49"EAST ALONG SAID RIGHT-OF-WAY LINE 4.96 FEET;
THENCE NORTH 01°29'08"EAST ALONG SAID RIGHT-OF-WAY LINE 0.96 FEET;
THENCE SOUTH 62°59'52"EAST 38.28 FEET:THENCE SOUTH 04°32'40"EAST
29.09 FEET;THENCE SOUTHEASTERLY 324.19 FEET ALONG THE ARC OF A
CURVE TO THE LEFT WITH A RADIUS OF 392.00 FEET AND WHOSE CHORD
BEARS SOUTH 66°08'22"EAST 315.03 FEET:THENCE SOUTH 89°49'54"EAST
266.48 FEET:THENCE SOUTHEASTERLY 102.80 FEET ALONG THE ARC OF A
CURVE TO THE RIGHT WITH A RADIUS OF 490.00 FEET AND WHOSE CHORD
BEARS SOUTH 83°49'16"EAST 102.62 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 4294.2 SQUARE FEET AND IS SUBJECT TO ALL
EXISTING EASEMENTS AND RESTRICTIONS OF RECORD.
4. CONSTRUCTION ACCESS: The Grantee shall have the temporary, limited right to access and use a uniform strip
of property one(1)foot in width within Grantor's parcel#1616412001, directly adjacent to the Easement Property
for construction and maintenance purposes related to the public sidewalk. The Grantee shall have the right to use this
property only as part of sidewalk construction and maintenance purposes,and only for periods reasonably necessary
to complete each construction and/or maintenance project. Construction and maintenance access shall include the
initial construction,as well as subsequent maintenance,repair,and replacement completed by,or at the direction of,
Grantee. Grantor is not prohibited from using this construction area on its property as otherwise allowed by City
Code. Grantee shall be responsible for repairing damage to Grantor's property resulting from Grantee's construction
or maintenance process, including grading and seeding,if necessary,upon completion of the construction or
maintenance activity.
5. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property for Grantee's use
as a public sidewalk. The general public shall have complete access to the Easement Property on locations where
there is a sidewalk or as pedestrians are otherwise generally allowed within public rights of way.
6. USE AS EASEMENT FOR PUBLIC PURPOSES: Grantee and the public shall have the right to fully use the
Easement Property as a sidewalk for public purposes. The Grantee shall have the right to access,survey,lay,
construct,use,operate,maintain,repair,replace,relocate,and/or remove sidewalks and related public facilities that
may be necessary for the operation of a public sidewalk. Sidewalk decisions shall be at the discretion of the Grantee.
The public shall have the right to use any sidewalks on the Easement Property in a manner consistent with use of
other sidewalks within the City by the public.
7. CONSTRUCTION/MAINTENANCE: Grantor shall be responsible for all aspects of maintenance,repair,and
replacement of the sidewalk and any terrace area between the sidewalk and street. Maintenance includes structural
conditions of the sidewalk as well as snow,ice,and debris removal.
8. INTERFERENCE WITH EASEMENT: 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 vegetation
associated with the Easement Property,or install or construct any structures or improvements within the easement.
Grantor shall not place,pile,or move snow or ice onto the Easement Property.Prohibited structures or improvements
include,but are not limited to,temporary or permanent building structures,driveways,parking areas,sheds,change in
elevations,vegetation except grass, landscaping or fences. Grantor shall be expected to promptly remove any
materials or objects on the sidewalk or otherwise interfering with the use of the easement. If Grantor fails to remove
these materials or objects,Grantee shall remove them at Grantor's expense.
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 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.
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
thirty(30)days to cure any actual breach. However,Grantee may immediately remove or repair the sidewalk or
terrace,at Grantor's cost,when it believes that the condition of the sidewalk and/or terrace materially interferes with
the lawful use of the Easement Property and/or poses a danger or hazard to the public.
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11. 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.
12. 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.
13. 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.
14. 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.
15. 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 Grantor and incorporated into this
agreement by the municipality and its agents,offices,and employees. Such limitations and immunities shall apply to
any dispute related to this agreement,even if the statutory and/or common law limitation is based upon a tort.
16. 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.
17. 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
do Legal Department
1626 Oak Street
LaCrosse, WI 54603
FOR THE GRANTEE:
City of Oshkosh
do Director of Public Works
P.O.Box 1130
Oshkosh,WI 54903-1130
18. 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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3
4 IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written.
CONVENIENCE ST I RE ; STMENTS, Limited Partnership
11:44,, Al .....1" ..
Silit
Michael J. • ius,Pre.ident of
Convenience Store . estments,Inc.,
General P. 1 er
STATE OF WISCONSIN )
)ss.
LA CROSSE COUNTY )
Personally came before me this 1UJt day of October,2013.the above named Michael J.Ancius,to me known to be such j
person who executed the foregoing instrument and acknowled d the s e,,fforr the purpose herein contained.
Notary Public,La La rosse�ounty,Wisconsin ��.%%"""`uh%%%%
My Commission expires: 4-�8 3=APRY... V6t 14
° KATIE '° •
CITY OF OSHKOSH 3 A i KIUG
By: /�^— /i 4t4'1 ,�h+FpF'w,sscO 10Z.
'
Mark A.Rohloff,City Manager
tt» pm%
By: S • ° eic•-._Q
.-"' . _. i -ty 4Jerk
• ;
ete.4 /,
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
4haek-3
Personally came before me this i.r day of October,2013,the above named Mark A.Rohloff and Ptinteia-Rrbiarig 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.
r
Notary Public,Winnebago County,Wisconsin
My Commission expires: 1/1 4rP./
Ali OVED AS TO ORM:
'......1-. Lorensok, '- •ttorney
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
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