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Home My WebLink AboutTemporary Easement/UWO 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: U.W. Oshkosh Date: January 6, 2014 800 Algoma Blvd. Project: N/A Oshkosh, WI 54901-3551 From: Carol Marchant, Admin. Assistant Re: Temporary Easement Attn: Vice Chancellor for Adm. Services Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Recorded Temporary Easement at 662 West Third Avenue 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) lIthUhlIllIffi 8 1 3 3 9 3 8 lx:4094467 1655558 Temporary Easement REGISTER'S OFFICE Document Number Document Title WINNEBAGO COUNTY, WI RECORDED ON THIS INDENTURE,made this day of December,2013,by the BOARD OF 01/02/2014 09:19 AM REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM,a Wisconsin body JULIE PAGE! corporate pursuant to s.36.07(1),Wis.Stats.,Grantor,and the CITY OF OSHKOSH, REGISTER OF DEEDS a municipal corporation,located in Winnebago County,Wisconsin,Grantee, RECORDING FEE 30.00 WITNESSETH: IN CONSIDERATION of the sum of One Dollar($1.00)and other good Recording Area and valuable consideration paid by the Grantee,the receipt of which is hereby Name and Return Address a �•. �,Q J acknowledged,the Grantor,its successors and assigns,does hereby give and grant City Attorney's Office N` 'u�`� unto the Grantee,its successors and assigns,and Grantee accepts,an easement over, Oshkosh,WI 54903-1130 under,and through the land hereinafter described. 90602990100 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 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: 662 West Third Avenue,Oshkosh,Wisconsin 3. MAP: A map reflecting the location of the Easement Property is attached as Exhibit B and fully incorporated in this document. 4. ACCESS RIGHTS: Grantee shall have the limited right to access and use the Easement Property for Grantee's construction of a storm water management system. Grantee intends to construct an underground storm sewer pipe and ancillary facilities within the Easement Property. 5. 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 gravel surface that has been damaged by Grantee. After the initiau construction and restoration,Grantee shall be responsible for repairing the surface of the Easement Property which is damaged by Grantee's use,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. 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. 6. 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. Grantee may add to,or change,Vegetation in the Easement Property with written permission,and such permission shall not be unreasonably lb ecember 18, 2013 Page 1 of 3 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. 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 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. 8. 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 construction of a storm water management facility within the Easement Property. 9. TERM: This easement is being granted for public purposes and uses. This easement will expire and terminate without further notice in twelve(12)months of the date last signed below or upon the completion of the land exchange between the Grantor and Grantee involving the Easement Property currently owned by the Grantor,and the Grantee's property located at 637 West Third Avenue. 10. 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. 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 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. LIABILITY: Nothing in this Agreement is intended as a waiver of the either party's right or opportunity to rely upon the municipal limitations and immunities contained within Wisconsin law. 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 either party 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. 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: FOR THE GRANTEE: University of Wisconsin-Oshkosh City of Oshkosh c/o Vice Chancellor for Administrative Services do Director of Public Works 800 Algoma Blvd. P.O.Box 1130 Oshkosh,WI 54901-3551 Oshkosh,WI 54903-1130 December 18, 2013 Page 2 of 3 17. 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. IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal the day and year first above written. BOARD OF REG ♦ TS OF H UNIVERSITY OF WISCONSIN SYSTEM By: • Ste ildeck,Interim Vice Presi ent for Finance STATE OF WISCONSIN )ss. DANE COUNTY ) Personally came before me this 18th day of December,2013,the above named Steven Wildeck,to me known to be such person and to me known to be the Vice President for Finance for the University of Wisconsin System who executed the foregoing instrument and acknowledged the same,for the purpose s-rein contained. Matthew J. Lind Notary Public, State of Wisconsin My Commission is permanent. ••••••, CITY OF OSHKOSH ,t*I`rW J• 040' •By: 4--- "�1 ocP►RY rk A.Rohloff, • an:ger + G Z: PuB • }y • Pamela R.Ubrig,City Cle • '' .... ''• �'.4T f ••OF W�`'... STATE OF WISCONSIN ) .•**•••• )ss. WINNEBAGO COUNTY ) Personally came before me this Q'''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 who executed the foregoing instrument and acknowledged the same,for the purpose herein contained. eet/C� � )Q Notary Public,Winnebago County,Wisconsin My Commission expires: ( jyt. 1,2.1 2,Q/(•, _ A L/ akigkLAie Ly '.Lorenson, • ••Vtorney This instrument drafted by: Attorney David J.Praska Oshkosh,WI 54903-1130 and Attorney Matthew J.Lind Madison,WI 53706 December 18, 2013 Page 3 of 3 Exhibit A October 2, 2013 Parcel 06-0299-0100 662 West 3rd Avenue Temporary Storm Sewer Easement Description Part of Lot 1 of Certified Survey Map 4365 also being part of Lot 6 of the Map of the Southwest 1/4 of Section 23,Township 18 North, Range 16 East of Leach's Map of 1894, City of Oshkosh,Winnebago County, Wisconsin: Commencing at the South 1/4 Corner of said Section 23; Thence North 01°02'11" West 1855.72 feet along the East line of the Southwest 1/4 of Section 23 to the Easterly extension of the North line of West Third Avenue;Thence North 83°09'58"West 370.36 feet along said extension and along the North line of West Third Avenue;Thence North 82°47'23" West 140.74 feet along the North line of West Third Avenue to the East line of Lot 1 of Certified Survey Map 4365 also being the East line of Lot 6 of the Map of the Southwest 1/4 of Section 23-18-16 of Leach's Map of 1894;Thence North 00°37'38" West 313.91 feet along said East line of Lot 1 to the Northeast corner of Lot 1;Thence North 81°52'14" West 31.16 feet along the North line of Lot 1 to the Point of Beginning; Thence continuing North 81°52'14" West 55.16 feet along said North line of Lot 1;Thence South 71°10'49" West 103.98 feet to a point on the West line of said Lot 1;Thence South 01°09'57" East 26.24 feet along said West line of Lot 1;Thence North 71°10'49" East 161.11 feet to the Point of Beginning; said described easement containing 3,313 Square Feet, (0.0761 Acres), more or less. I:\Engineering\13-08 PW Field Ops Fac\dwg\662 W 3rd Ave Easement description.docx - EASEMENT AREA PROPOSED STORM 3,313 SQ. FT. SEWER SS N N81°52`14nw °-'-------- S/ <.�'51' 31.18` Li �39is; g"6 F: sl tAl A"°� ti N slv; N '1011 4 POINT OF BEGINNING co r- EDGE OF ASPHALT \ _ APPROX. EXTENDED NORTH EDGE OF _ EXISTING BUILDINGS c1 M MAP OF SW 1/4 PARCEL e OF SEC. 23 06-0299-0100 T 18 N R1 6 E OF LEACH'S 662 W.3RD AVE, M ° MAP OF 1894 0 LOT 1 o CSM 4365 .= N was � '— M u_ N OZ WO Z J W 2 / N82°47`23°W WEST THIRD AV 140.741 EN _ N83°0915814/ W O ut (50' R� 37o.3s� N e- !` TV 6 G v-tr7 P T r o z I:\Engineering\13-08 PW Field Ops Fac\dwg\662 W 3rd Ave storm sewer easement.dwg CITY OF OSHKOSH ENGINEERING DIVISION UW- Oshkosh Property WARD DRAWN 662 West 3rd Avenue u 6TH 11-5-2013 Temporary Storm SECTION 23-18-16 CORNER GRAPHIC 0 25 50 SCALE:(IN FEET) -INCH 50 Sewer Easement x,�;1j i-i— .B