HomeMy WebLinkAbout18. 14-52
JANUARY 28, 2014 14-52 RESOLUTION
(CARRIED___6-1P____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: ACCEPT LAND DONATION FROM THE MORGAN DISTRICT LLC
FOR RIVERWALK IMPROVEMENTS, EAST SIDE OF OREGON
STREET ON FORMER JELD-WEN PROPERTY
INITIATED BY: THE MORGAN DISTRICT LLC
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, The Morgan District LLC, a/k/a Six Rivers Investments LLC, have
generously offered to donate to the City the riverfront portion of the property formerly
known as Jeld-Wen on the east side of Oregon Street on West 6th Avenue for park
purposes that will allow the City to construct a public riverwalk/pedestrian trail along the
parcel east of and adjacent to the Oregon Street bridge; and
WHEREAS, the City of Oshkosh expresses its utmost gratitude and appreciation
to The Morgan District LLC for its generous donation.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the City hereby accepts said conveyance of land for riverwalk purposes
and the proper City officials are hereby authorized and directed to execute any and all
documents necessary for purposes of same.
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ON THE WAIER
TO: Honorable Mayor and members of the Common Council
FROM: Allen Davis, Community Development Director
DATE: January 23, 2014
SUBJECT: Accept Donation from the Morgan District LLC for Riverwalk
Riverwalk Improvements, east of the Oregon Street (on the former
Jeld -Wen Property)
BACKGROUND
The new owners of the Morgan District (former Jeld -Wen property) have been
discussing the alternative development plans for the site. The new owners
support the extension of the riverwalk and are donating the land necessary for
the extension of the riverwalk on the east side of Oregon Street. The City has
submitted riverwalk grant applications for the former Jeld -Wen site that depend
on the City owning the property. This donation meets that requirement.
ANALYSIS
The City received donations of the north shore riverwalk through the City Center
property and then the Hotel property prior to constructing the riverwalk. WisDNR
grants require the City to control the property, either in ownership of the land or
with an easement. It appears the Morgan District developers have reached the
same conclusion as the north shore owners, that land donation is the best
alternative for this section of riverFront.
The WisDNR requires that the City own the property for the riverwalk or acquire
an easement for the riverwalk. Since WisDNR is prepared to grant the City
$953,000 for this section of the riverwalk project, their donation meets that
requirement. Riverwalk design and permitting could then occur in 2014 -2015
with construction of the riverwalk in 2015. A City match of about $1.2 million will
be required in the 2015 City CIP. The City match would be financed through TID
#20.
The covenants related to the donation are the same as the north shore donations
except for one item. One the north shore, City Center and the BestWestern
Hotel maintain the landscaping due to their desire to provide a higher level of
landscaping and landscape maintenance. In the Morgan District covenant, the
City will maintain the landscaping, just as the City maintains the landscaping in
the Marion Road area.
FISCAL IMPACT
The City would not be spending any money on the donation. The City will be
responsible for construction and maintenance of the riverwalk which will be
contained in the 2015 CIP. The donation is consistent with the other riverwalk
segment donations and consistent with the Riverwalk Plan.
RECOMMENDATION
The City Council accepts the donation for the Riverwalk.
Approved,
City Manager
REAL PROPERTY DONATION FORM
DONOR INFORMATION
Name: The Morgan District LLC Attn: Grant Schwab
Address: 601 Oregon Street, Suite _B_Oshkosh, WI 5490.2
Phone: 920 - 233 -4184
Email: Schwaba (ED FirstWeber.com
hereby gives to the City of Oshkosh (description of property including address
and type of property i.e. residential, vacant land, land with structures ...). Vacant
land along the south side of the Fox_Riv_er,_east of -the Oregon Street bridge — the
legal description and map is attached.
for the purpose of construction and maintenance of a public riverwalk including a
new seawall, hard - surface path, lighting, benches, and landscaping .
This Donation subject to the following restrictions /conditions (if any): An
aqreement similar to the northside of the river at City Center and the Best
Western Hotel. City would construct and maintain seawall, riverwalk, benches
and lighting. City would install and maintain landscaping.
Will the City be required to expend funds or otherwise participate in the donation
or gift? If so, please identify the City's anticipated participation: The City will
design and construct the riverwalk with funding from TID #20 and state and
federal grants. The City Parks Dept. budget would-be used for maintenance.
Will a Donor Recognition Object be requested as part of this gift/donation? If so,
please include a description of the proposed object.
Donor is aware of the following conditions related to the property: (Please list
any conditions affecting the property including but not limited to, the conditions
which may affect the value of the property, zoning or other restrictions upon the
use of the _property, and environmental conditions affecting the property.)
The assessed or appraised value of the property is: Not determined
-(An - appraisal of -the property may be requested prior . to consideration—and
acceptance of the proposed donation /gift.)
All right; title and interest in the above stated property will be given, donated and
transferred to the City of Oshkosh, its successors and assigns forever and
without limiting conditions, except as may be specifically stated herein. It is
understood and agreed that. I /we as Donor s) retain no right, title or interest in the
donated property.
I /we as Donor(s) of the property have provided all. relevant information to the City
of Oshkosh regarding the condition and value of the property.
Donor(s) hereby agrees to execute such documents as shall be necessary to
formally transfer the property upon acceptance ofthis gift/donation by the City of
Oshkosh.
To the -best of our knowledge this gift/donation is free and clear. of all
encumbrances and restrictions.
The City of Oshkosh will make reasonable efforts to accommodate the intended
purpose of the donation but reserves the right to utilize, relocate and /or dispose
of any item as the City of Oshkosh may deem fit.
This agreement shall not take effect until the. Common Council for the City of
Oshkosh has specifically accepted this donation.
t Sc ab, Manager Date
Donor Date
Recommended:
Department Head Date
Accepted:
City Manager -Date
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SECTION 23, T18N, R16E
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LEGEND
PROPERTY BOUNDARY
--- .� LAND DONATION UNE
RIGHT -DF" -WAY LINE
-- - — — SECTION LINE
SUBDINSION LOT LINE
— — — — VACATED RIGHT -OF-WAY LINE
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a 558 North Main Street
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SOUTH SHORE RIVER WALK
LAND DONATION EXHIBIT
PART OF LOTS 1, 2,.3, 4, .6, 6, & 7
BLOCK 1, ORIGINAL THIRD WARD
OSHKOSH, WISCONSIN
Drawn:
RAO 01/06/2014
Checked:
TAP 01/06/2014
Approved;
PFT 01/06/2014
HUMBER
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F_ Land Den;_0 n Descd•-,ptloa u
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Parlor Lots 1, 2. 3, 4, 6, 6, 8 7 of Block 1 In the plat of the Orfglnel7hlyd Ward, per Leach's Map of 1894. City of Oshkosh,
Winnebago County. Vle:wnsln, bounded and described as follows;
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Commencing at the southwest corner of Block 3 of She plat of the Original Third Ward, that also being the WM80tlan of the north
rlghl -eFway of West Slkth Avenue and the east right- of-way of Oregon Street thence 1,101'0640"W. 446.82 feet along the west
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Tme of sold Block 3, the wort lure or Lot 1 In Block 1 of the plat of the Original Third Word, and the east tighlof-way.of Oregon
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SUeel to the Point of Beglnnfng; thence N01'06'40 -N, 129.34 feet along the weal fine of sold LoIA and the east right -of vay of
Oregon Street to the northwest comer of said Lot 1 and a point on the southwesterly bulkhead fine (U.S.. Harbor Rne) of the Fox
River as established by a General Ordloance of the City cif Oshkosh per Document No. 278204 of Winnebago County Records;
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_.thence S86'68'1 8'E. 244.06 foal along the northery line of sold Block t and 0e southwesterly bulkhead One (U.S. Harborrne) of
the Fox River, [hence con8ruing along the northerly Me of sold Block 1 and the southwaslaKy bulldread 6ne (U.S. Harbor Una) of -
the Fox River S65'33'48'E, 91.75 feel to the northeast comerof the west half (W112) of Loll of safd Block 1- thence
301'00'17 -E, 33.22 feel along the Tine
SOUTHEAST CORNER
east of the west half (W112) of said Lot 7; 9teace N65'3T48W, 100.35 feel; Memo
N86'66'f8'W, 206.14 feel; thence SOV0840E, -97.10 real; thence S8B'6323'W, 30.00 feet to the Aolnt of seginnrng.
SECTION 23, N L
FOUND. . MA G NAIL
Sold land donalion area contalolna 13,030 square feel or 0.299 acres, more or less. -
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Convriaht Q 2013. -AECOM
SOUTH SHORE RIVER WALK
LAND DONATION EXHIBIT
PART OF LOTS 1, 2,.3, 4, .6, 6, & 7
BLOCK 1, ORIGINAL THIRD WARD
OSHKOSH, WISCONSIN
Drawn:
RAO 01/06/2014
Checked:
TAP 01/06/2014
Approved;
PFT 01/06/2014
HUMBER
60289093
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COVENANTS AND RESTRICTIONS
By acceptance of this Deed, Grantee agrees that the Property shall be subject to each of the
following covenants and restrictions which shall run with title to the Property and shall be binding
upon and inure to the benefit of Grantor and Grantee and their respective transferees, successors and
assigns:
1. Use of the Property. The Property shall be used solely by Grantee as part of its
Riverwalk system consisting of a sea wall, walkway, docks, piers, gangways, pedestrian bridges,
railings, lighting standards, bollards, benches, trash receptacles, signage and landscaping
( "Riverwalk "), including the right to construct, preserve and maintain the Riverwalk for use by
pedestrians, bicycle traffic and physical access to the shore for boat and/or canoe/kayak or similar tie
ups for the benefit of Grantee and the general public. The uses by the general public may also
include City sponsored or City permitted special events such as art walks, walks /runs and other
similar events that do not have a substantial adverse effect on the adjacent commercial property
owned by Grantor currently and known as The Morgan District or its occupants.
2. Construction of Riverwalk. Grantee shall construct the Riverwalk as funding
permits. Grantee shall make commercially reasonable efforts to schedule, sequence and complete all
construction in a manner that does not unreasonably interfere with the use, occupancy or enjoyment
of The Morgan District. All contractors performing services in connection with the construction,
maintenance or repair of the Riverwalk shall have sufficient competence and shall provide adequate
assurances that any work to be performed in or around the Property will be performed in a good and
workmanlike manner. When work to be performed requires the use of Grantor's property, Grantee
shall require any contractors performing such work to maintain and provide Grantor with written
documentation of acceptable liability and worker's compensation insurance coverage.
3. Conformity with Plans and Specifications. The initial construction of the Riverwalk
shall conform in all material respects with the plans and specifications typical of the City's
Riverwalk constructed to date. The concept of this segment is shown on attached Exhibit A.
4. Landscaping, Grantee shall install the initial landscaping included in the plans and
specifications approved by the parties. Grantee shall maintain all of the landscaping installed by
Grantee. If Grantee fails to maintain the landscaping, Grantor may do so and may invoice Grantee
for all necessary and reasonable costs incurred by Grantor and may assess such costs as a special
charge as provided under Wisconsin Statutes; provided, however, that Grantor shall not exercise
Grantor's rights under this paragraph without first giving Grantee written notice and allowing
Grantee not less than ten (10) business days to correct such failure.
5. Additional Structures. Neither Grantor, nor Grantee shall cause or permit any
structure to be placed -in the Property, except for those authorized under these covenants and
restrictions. This restriction shall not be interpreted to prevent temporary structures placed for
approved special events.
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6. Maintenance by Grantee. Grantee shall be required to maintain the Riverwalk in a
good; clean and - sanitary condition, free from waste or litter and other conditions that are offensive to
the public health, safety or welfare, or would have a substantial adverse effect on The Morgan
District. If Grantee fails to maintain the Riverwalk as required by this paragraph, Grantor m_ ay do so
and may invoice Grantee for all necessary and reasonable costs incurred by Grantor; provided,
however, that Grantor shall not exercise Grantor's rights under this paragraph without first giving
Grantee written-notice and allowing Grantee not less than ten (10) business days to correct such
failure. Grantor recognizes that Grantee is a municipal entity and that there may be public bidding or
other requirements which must be complied with which may take more than ten (10) business days to
complete, Grantor shall not take any action under this paragraph if Grantee has notified Grantor
within the ten (10) business days if its intention to correct and has begun the process to initiate the
corrective action needed and diligently pursues the corrective action until its completion.
7. Continued Use. Nothing in these Covenants and Restrictions is intended to imply
that Grantor and Grantor's owners, employees, agents, tenants, guests and invitees shall not have the
same access and use the Property and the Riverwalk as the general public.
8. No Fees or Assessments. No assessments or charges shall be made against Grantor
or Grantor's property for the construction or maintenance of the Property, except for the failure to
maintain the landscaping as provided in Paragraph 4.
9. Use of Docks and Mooring Spaces. All docks and mooring spaces constructed as
part of the Riverwalk shall be open to the general public and shall be subject to ordinances, rules and
regulations as may be approved by the City Council, provided however, that the maximum time
period for which docking or mooring is permitted shall not exceed twenty -four (24) consecutive
hours.
10. Preservation of Scenic Views. Grantee recognizes the importance of preserving the
desirable scenic views from The Morgan District. Grantee shall give consideration to preserving
these desirable scenic views and shall consult with Grantor regarding the plans for any improvements
or landscaping not included in the original plans and specifications that may adversely affect these
views.
11.. Use of Motorized Vehicles. Except for motorized or battery propeIIed personal
assistive mobility devices, public access on, over or across the Property is limited to access by foot or
other non- motorized means. Use of motor vehicles within the Property is prohibited, except 'for
motor vehicles used by the . Grantee or by Grantee's agents -for purposes of construction or
maintenance of the improvements within the Property, maintenance of' the Property, or for
emergency access. Grantor or Grantor's employees, agents, and contractors may operate motorized
vehicles within the Property for the purpose of the maintenance, repair and replacement of
landscaping pursuant to paragraph 4 of these Covenants and Restrictions.
12. -- Prevention of Disorderly Conduct. Grantee'shall work with Grantor to address issues
that constitute disorderly conduct under State law or City ordinance or a violation of Grantee's noise
ordinance,
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13. Stormwater, Watermain, Sanitary Sewer. and Pines. Grantor shall have the right to
maintain, repair and any existing utilities.within -the Property. ..Grantor may install additional utilities
in or upon the Property with the prior written consent of Grantee. Grantor shall obtain all necessary
permits for any. such work according to applicable state and municipal codes. Grantor shall obtain a
permit from Grantee similar to form and substance to. that issued for construction in a right -of -way
permit to perform the proposed work. The permit shall be of a type that may be issued
administratively without fiirther approval. Grantor shall use the Property in a reasonable manner and
is responsible for restoration of the property in good and workmanlike manner with .like materials
and is responsible for any damage to the property or improvements consti-acted by Grantee resulting
from the activities of Grantor or Grantor's employees, agents and contractors. Grantor shall provide
the information necessary for.the issuance of the permit to Grantee at least ten (10) business days
prior to the date the proposed work is to begin. The information to be provided shall include the
scope of the proposed project, types and weights of equipment proposed to be used, area to be used,
anticipated time period for completion of work, and measures to be taken to minimize interference
with the use of the Property by Grantee and the public. Grantor shall not use any equipment that
exceeds Grantee's specified weight limit. Grantor shall cooperate with Grantee to limit interference
with the use of the Property by Grantee and the public.
14. Existing Easements. One or more recorded easements may exist which relate to or
affect the Property. The conveyance of the Property 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.
15. Default. If either Grantor or Grantee reasonably believes that these covenants and
restrictions 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; provided,
however, that if the breach cannot be reasonably cured within a thirty (60) day period, the party shall
not be deemed to be in default as long as the party commences the cure within the thirty (60) day
period and diligently pursues the cure to is completion. However, Grantee may immediately remove
any object or material which it reasonably believes materially interferes with the use of the Property.
In the event the default is not cured as required by this paragraph, the party that is not in default shall
have the right to pursue all remedies available under these covenants and restrictions and applicable
law.
16. Waiver. No delay or omission by either in exercising any right or power arising out
of any default under the terms of these covenants and restrictions shall be construed as a waiver of
the right or power. A waiver by either party of any violation of the other party shall not be construed
to be a waiver of any other violation of any of the covenants or restrictions.
17. Invalidi1y. If any of these covenants or restrictions, or the application of these
covenants or restrictions to any person or circumstances shall be deemed invalid or unenforceable by
a court of competent jurisdiction, the remainder of these covenants and restrictions or the application
of these covenants and restrictions to persons or circumstances other than those to which it is held .
invalid or unenforceable, shall not be affected thereby, and each covenant and restriction shall be
valid and enforceable to the fullest extent permitted by law.
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18. Reverter: In the event the use of the Riverwalk is permanently discontinued for any
reason; Grantor shall -have the right to require -Grantee to. remove any -or all - of the improvements
constructed by Grantee and to have title to the Property revert to Grantor at no cost to Grantor.
19. No Third Party Beneficiary. The covenant is intended to run with the land and to
survive any subsequent divestiture of title by Grantor or any successor in title. The terms contained
herein are solely for the benefit of Grantor and Grantee, and it is not the intention of either Grantor or
Grantee that other parties shall acquire any rights to enforce or benefit froth through these Covenants
and Restrictions except successors in title.
20. Municipal Liability. Nothing in this Agreement is intended as a waiver of the City of
Oshkosh 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, Section 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.
21, Governing Law. These covenants and restrictions shall be construed and enforced in
accordance with the laws of the State of Wisconsin. Venue for any action regarding these covenants
and restrictions 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.
The undersigned parties hereby acknowledge and agree that the foregoing covenants
and restrictions have been incorporated in and are a part of the deed between the parties to
which they are attached.
A - rM
CITY OF OSHKOSH
By:
Mark A. Rohloff, City Manager
By:
Pamela R. Ubrig, City Clerk
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