HomeMy WebLinkAboutLois Luebke Marital Trust CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920)236-5115 FAX(920) 236-5106
LETTER OF TRANSMITTAL
To: Reff, Baivier, Berminingham & Lim SC Date: December 16, 2013
P.O. Box 1190 Project: N/A
Oshkosh, WI 54903-1190 From: David Praska
Re: Easement
Attn: Russell Reff Lois M. Luebke Marital Trust
Please find: ® Attached El Under Separate Cover
❑ Copy of Letter ❑ Contracts ® Agreement ❑ Report ❑ Agenda
El Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantity Description
1 Fully executed copy: Lois M. Luebke Marital Trust Easement
These are being transmitted as indicated below:
❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment
Remarks:
cc: City Clerk (original)
Public Works (copy)
City Attorney (copy)
III 11111111111 111111
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Tx:4092613
Easement 1654343
REGISTER'S OFFICE
Document Number Document Title WINNEBAGO COUNTY, WI
RECORDED ON
THIS INDENTURE,made this Cl day of December,2013,by 12/11/2013 08:47 AM
Lois M.Luebke as Trustee of the Lois M.Luebke Marital Trust,Grantor,and the
City of Oshkosh,a municipal corporation,located in Winnebago County,Wisconsin, JULIE PAGEL
Grantee, REGISTER OF DEEDS
WITNESSETH: RECORDING FEE 30.00
Recording Area
IN CONSIDERATION of the sum of Twenty Seven Thousand Twenty Five Name and Return Address
and NO/100 Dollars($27,025.00)and other good and valuable consideration paid Ci-(6 'i
by the Grantee,the receipt of which is hereby acknowledged,the Grantor,its City Attorney's Office JJ
successors and assigns,does hereby give and grant unto the Grantee,its successors Oshkosh,WI 54903-1130
and assigns,and Grantee accepts,an easement over,under,and through the land
hereinafter described.
0180207000
1. PURPOSE: The purpose and use by Grantee of the Easement Parcel Identification Number (PIN)
Property described in this document shall be for use by Grantee as part of its storm water management
system. Specifically,Grantee will be installing an underground storm water sewer pipe and related facilities
on and under the Easement Property.
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")and
described as follows:
Easement Property Legal Description attached as Exhibit A
Street Address: 2562 Jackson Street,Oshkosh, Wisconsin
3. MAP: A map reflecting the general location of the Easement Property is attached as Exhibit B and fully incorporated
in this document.
4. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property for Grantee's
storm water management system;provided,however,that any storm water management facilities,except manholes,
shall be underground.
5. USE FOR STORM WATER MANAGEMENT SYSTEM: Grantee intends to construct an underground storm sewer
pipe and ancillary facilities within the Easement Property,and Grantee shall further have the right to fully use the
Easement Property as part of its storm water management system;provided,however,that any storm water
management facilities,except manholes,shall be underground. The Grantee shall have the right to access,survey,
lay,construct,use,operate,maintain,repair,replace,relocate,and/or remove storm water sewers and storm water
manholes.
6. MAINTENANCE:
a. Grantee shall be responsible for maintaining its facilities incorporated into the Easement Property, including the
maintenance,repair,and replacement of such facilities. The Grantee shall,after the initial construction of the
storm water management facilities restore the surface that has been damaged by Grantee. After the initial
construction and restoration,Grantee shall be responsible for repairing the surface of the Easement Property
which is damaged by Grantee's use of the easement,or by Grantee's repair and/or maintenance of its facilities
within the Easement Property. Grantee shall be responsible for removing blockages within the storm water pipe
after being notified of such circumstance.
December 2, 2013
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b. Grantor shall be responsible for all ongoing maintenance and repairs of the Easement Property which are not
caused by Grantee's storm water drainage facilities including,but not limited to,grading, addition of necessary
gravel or related substances,snow and ice removal,and vegetation maintenance. Grantor shall be responsible
for keeping the surface of the Easement Property clear of debris. Grantor shall notify Grantee and receive
Grantee's approval prior to removing more than twelve(12)inches of any gravel,or top or subsoil on the
Easement Property.
7. INTERFERENCE WITH EASEMENT: Grantor shall be prohibited from constructing or installing new structures or
improvements in the Easement Property which include,but are not limited to,temporary or permanent building
structures,driveway expansions,parking areas,trees,substantial landscaping,or fences. However,new or improved
driveway expansions,parking areas,trees,substantial landscaping,and/or fences may be allowed in some
circumstances with written permission from the City Board of Public Works,and such permission shall not be
unreasonably withheld. Grantor may add to,or change,Vegetation in the Easement Property with written permission
from the City Board of Public Works,and such permission shall not be unreasonably withheld. Grantor shall be
responsible for the costs of removing and replacing any improvement that interferes with the Grantee's maintenance,
repair,replacement,or use of the Easement Property. Grantor shall be responsible for the costs of removing
unauthorized interferences with the Easement Property.
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 Property 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. However, Grantee may immediately remove any object or material which it
believes materially interferes with the operation of a storm water management facility within the Easement Property.
10. TERM: This easement is being granted in perpetuity for public purposes and uses. The easement shall only be
considered abandoned or vacated upon the official action taken by the City. 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.
11. EXISTING EASEMENTS: One or more recorded easements may exist which relate to or affect the Easement
Property. This easement is subject to all existing easements and restrictions of record up to and including the date
any such easements are released through a document recorded with the Winnebago County Register of Deeds.
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 teens 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 from 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 lunitations 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
December 2, 2013
employees. Subject to the foregoing limitations and immunities,Grantee hereby agrees to indemnify and hold
Grantor harmless from any and all liability for injury to or death of persons or for loss or damage to property,
including all costs and expenses incidental thereto,arising from the negligent or intentional acts or omissions of
Grantee or its employees,contractors,inspectors,permitees,guests and invitees in connection with the easement
rights granted hereunder.
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:
Lois Luebke Marital Trust
870 Honey Creek Road
Oshkosh,WI 54901
FOR THE GRANTEE:
City of Oshkosh
c/o 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
December 2, 2013
IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
LOIS M. LUEBKE MARITAL TRUST
By: '
Lois M. Luebke, Trustee
STATE OF W iSCONSIN )
)ss.
VW'INNEBAGO COUNTY )
Personally came before me this (D day of December,2013,the above named Lois M.Luebke,to me known to be such
person and who executed the foregoing instrument a • : knowledged the same,for the purpose herein contained.
Notary P •lic,State of Wisconsin
My Commission expires: :i�'!•' ///e9/(e;'
CITY OF OSHKOSH
By:
A.Rohloff, City Ma e
Pamela R. Ubrig,City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this day of December,2013,the above named Mark A.Rohloff and Pamela R.Ubrig of
the City of Oshkosh,to me known to be such persons executed the forego;instrument and acknowledged the same,for the
purpose herein contained.
i
Notary Publ inn ago funty, Wisconsin
My Commission expires: —c39 I Li
AP'CkS VED A TO FRM:
:..11A 41 .mac_. ;AY
Lorenson, ttorney
This instniment drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
December 2, 2013
LEGAL DESCRIPTION 30 FOOT EASEMENT ON PORTION OF 2562 JACKSON
STREET:
BEING PART OF THE SOUTHWEST Y4 OF THE NORTHWEST 'A OF SECTION 12,
TOWNSHIP 18 NORTH, RANGE 16 EAST,TOWN OF OSHKOSH,WINNEBAGO COUNTY,
WISCONSIN,BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST
'A CORNER OF SECTION 12; THENCE N89°08'03"E,40.00 FEET ALONG THE SOUTH LINE
OF THE NORTHWEST 'A OF SECTION 12 TO A POINT ON THE EAST RIGHT OF WAY
LINE OF JACKSON STREET(S.T.H. "76");THENCEN01°11'04"W, 165.28 FEET ALONG
SAID EAST RIGHT OF WAY LINE TO THE SOUTH LINE OF LANDS DESCRIBED IN
DOCUMENT NUMBER 1015453; THENCE N89°08'50"E, 608.79 FEET ALONG SAID SOUTH
LINE TO THE EAST LINE OF SAID DESCRIBED LANDS; THENCE N00°55'46"W, 330.23
FEET ALONG SAID EAST LINE TO A NORTH LINE OF SAID DESCRIBED LANDS;
THENCE S89°09'17"W,260.26 FEET ALONG SAID NORTH LINE; THENCE N01°11'04"W,
300.33 FEET TO THE POINT OF BEGINNING; THENCE S89°09'57"W, 350.00 FEET TO THE
EAST RIGHT OF WAY LINE OF JACKSON STREET(S.T.H. "76"); THENCE NO1°11'04"W,
30.00 FEET ALONG SAID EAST RIGHT OF WAY LINE TO THE SOUTH LINE OF
CERTIFIED SURVEY MAP NUMBER 2673;THENCE N89°09'57"E, 350.00 FEET ALONG
SAID SOUTH LINE; THENCE S01°11'04"E, 30.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 10,500 SQUARE FEET(0.2410 ACRES) OF LAND MORE OR
LESS. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
City of Oshkosh
Libbey-Nicolet Area Stormwater Detention Basin Project
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