HomeMy WebLinkAboutWisconsin Public Service/0700590000/0701190000 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: Wisconsin Public Service Date: March 25, 2014
3300 N. Main Street Project: N/A
Oshkosh, WI 54901 From: Carol Marchant, Admin. Assistant
Re: Easement
Attn: Scott Hanson
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter ® Agreement ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantity Description
1 Copy of Recorded 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, Engineering (copy)
City Attorney (copy)
Ii IllIIiI 11111 U
8 1 4 5 5 8 7
•
Tx:41 03444
Easement X659996
REGISTER'S OFFICE
Document Number Document Title WINNEBAGO COUNTY, WI
THIS INDENTURE,made this /� hday of M4rth ,2014, RECORDED ON
by CITY OF OSHKOSH.,215 Church Avenue,Oshkosh,Wisconsin 54901, 03/21/2014 09:111 AM
a municipal corporation, Grantor, and WISCONSIN PUBLIC SERVICE
CORPORATION, 700 North Adams, Green Bay, Wisconsin 54301 a Wisconsin JULIE PAGEL
Corporation, Grantee, REGISTER OF DEEDS
WITNESSETH:
RECORDING FEE 30.00
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
acknowledged,the Grantor,its successors and assigns,does hereby give and grant
unto the Grantee,its successors and assigns,and Grantee accepts,two easements City Attorney's Office
over,under,and through the land hereinafter described. Oshkosh,WI 54903-1130
1. PURPOSE: A limited,nonexclusive easement to construct,repair, 90700590000
maintain,utilize and/or remove approved guy wires,guy poles and
anchors for Grantee's nearby utility poles. 90701190000
Parcel Identification Number (PIN)
2. EASEMENT PROPERTY: The Easement Property is within two(2)City-owned tracts of land situated
within in the City of Oshkosh. Both tracks are used as public parking lots. The easements are more
particularly described as:
a. Easement A: A part of City parcel number 07-0059-00-00,which is currently used as a public parking
lot. The specific description of Easement A is as follows:
Part of Lot 49, Block 43 of Leach's Map of 1894, 7th Ward, being part of the Southwest Quarter of
the Northwest(SW14-NW1/4)of Section 24, Township 18 North, Range 16 East, City of Oshkosh,
Winnebago County, Wisconsin, more particularly described as follows:
A 6 foot wide easement strip,the center line of which is described as follows:
Commencing at the Southwest corner of the above described Lot 49, being the intersection of the
Northerly right of way line of Church Ave with the Easterly right of way line of Division St.;
Thence North, 9 feet coincident Easterly right of way line of Division with to the Point of Beginning;
Thence East, 20 feet perpendicular to the Easterly right of way line of Division St to the Point of
Termination. See the attached Exhibit"A"
b. Easement B: A part of City parcel number07-0119-00-00,which is currently used as a public parking
lot. The specific description of Easement B is as follows:
Part of Lot 3, Block "D", W W Wright's 46 Addition and part of Lot 18, Block 44, Palmer's Map, 7`h
Ward, being part of the Southwest Quarter of the Northwest(SW14-NW1/4)of Section 24, Township
18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, more particularly described
as follows:
A 6 foot wide easement strip,the center line of which is described as follows:
Commencing at the Northwest Corner of the above described Lot 18 at the intersection of the Easterly
right of way line of Division St with the Southerly right of way line of Church Ave; Thence
Southwesterly, 16 feet coincident with the Easterly right of way line of Division St to the Point of
Beginning;
Thence Southeasterly, 20 feet parallel with the Southerly right of way line of Church Ave to the
Point of Termination. See the attached Exhibit`B':
March 7, 2014 1
0 lti
•
3. MAP: A map reflecting the location of the Easement Property A is attached as Exhibit A,and a map reflecting the
location of Easement Property B is attached as Exhibit B,with both Exhibits fully incorporated in this document.
4. EASEMENT: The Grantor grants,and the Grantee accepts,a limited,non-exclusive easement over,under,and
through the Easement Property to construct,repair,and maintain guy wires,and guy poles and anchors. Grantor and
the public may continue using the Easement Property to the extent that such use does not materially interfere with
Grantees allowed use of the Easement Property. This easement is limited and as such does not allow other business
uses of the Easement Property. Grantee shall not use the Easement Properties for any purpose except for those uses
specifically identified in this Agreement. Grantee shall not place or install anything on the Easement Property
without Grantor's permission.
5. PUBLIC PARKING LOT: Both Easement Properties are located within City-owned tracts of land used by Grantor as
public parking lots. As a result,the Easement Property and Grantee's guy wires,guy poles and anchors therein are
located in an area of significant pedestrian and vehicular traffic. Grantee knowingly chooses to place its guy wires
and guy poles and anchors within the Easement Property described in this Agreement,accept the risks related to this
location,and agree that it is responsible for taking sufficient precautions to protect its property and facilities. Grantor
makes no representations regarding the suitability for Grantee's facilities at this location,and assumes no additional
responsibilities or liabilities to Grantee for issues or damages which affect Grantee's facilities,except for Grantor's
willful or negligent actions.
a. Grantee may access the Easement Property through the Grantor's public parking lot. Except for emergencies,
Grantee shall not block or obstruct parking stalls,drive aisles,or ingress/egress to/from the public parking lot
without prior approval of the Grantor. In emergency situations,Grantee shall notify Grantor as soon as
practicable of any disruption in functioning of the Grantor's parking lot and thereafter shall work in good faith
with the Grantee to minimize impacts upon the usage of the Grantor's facilities. In non-emergency situations,
Grantee shall provide a minimum of thirty(30)calendar days advance notice of any work within the Easement
Property that is reasonably expected to impact the Grantor's facilities. Parking spaces and any other area of the
parking lot which are necessary to provide space to undertake maintenance and repairs must be reserved in
advance through the Grantor's parking utility. Such permission must be obtained prior to any disruption if a
non-emergency,and as soon as practicable after the commencement of an emergency.
b. Approved,temporary closures of some or all of the public parking lot shall not exceed fourteen(14)consecutive
days.
6. MAINTENANCE:
a. Grantee shall grade,seed,and otherwise return the surface of the Easement Property to a condition the same or
better than that prior to any work Grantee performs at the Easement Property,above-ground facilities excepted.
b. Grantee shall be responsible for maintaining its approved guy wires,and guy poles and anchors,incorporated
into the Easement Property,including the maintenance,repair,and replacement of all of its facilities and
equipment located over,under,and through the Easement Property. The Grantee shall,after the initial
installation,be fully responsible for grading and restoring the surface of the Easement Property to the same or
better condition than it was at the time of installation. After the initial installation of the allowed material,
Grantee shall be fully responsible for repairing the surface of the Easement Property,grass,vegetation,trees,
and landscaping,or nearby parking lot which is damaged by Grantee's use of the Easement Property,or after
Grantee's repair and/or maintenance of its facilities,to the same or better condition than at the time of the repair
or maintenance commenced.
c. Grantee's ability to perform maintenance on the facilities installed on the easement areas above affecting
Grantor's property is governed solely by this document and is not governed by any rights or authority granted to
Grantee specifically or public utilities generally by statute,administrative code,or by common law. Grantor
agrees to discuss in good faith any requests to trim or remove trees,shrubs,fencing,or other features,but the
ultimate decision regarding such issues shall be at the Grantor's discretion.Grantee's pre-existing facilities not
located on the easement areas described above shall not be governed by this document.
d. Grantor shall be responsible for all normal and routine maintenance and repairs of the Easement Property,
including,but not limited to,normal park and parking lot maintenance,upgrades, and vegetation maintenance,
March 7, 2014 2
•
the extend of which all depends upon the anticipated seasonal use of the park and parking lot.
7. INTERFERENCE WITH EASEMENT: Grantor shall not construct or cause to be constructed temporary or
permanent buildings or trees on the Easement Property without permission from the Grantee,and such permission
shall not be unreasonably withheld. Additional fences,shrubs or similar vegetation,may be installed in the Easement
Property upon the written notification to the Grantee.
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 premises 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.
10. TERM: This easement will expire upon Grantee's failure to actively use the Easement Properties for the purposes of
guy wires,and guy poles and anchors,for any twelve(12)consecutive months upon notice from Grantor to Grantee
which identifies such not-use. 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: Neither party is aware of other or competing easements on or in the Easement Property.
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 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 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 the municipality and its agents,officers,and
employees.
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.
March 7, 2014 3
FOR THE GRANTOR:
Wisconsin Public Service Corporation
c/o Real Estate Department
700 N.Adams
Green Bay,WI
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Transportation
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.
19. SUCCESSORS AND ASSIGNS: The covenants herein contained shall bind the parties hereto and
their respective heirs, executors, administrators, successors, and assigns.
SIGNATURE PAGE FOLLOWS
March 7, 2014 4
IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hands and seals the day and year first
above written.
WIS CONSIN PUB ,,I RVICE CORPORATION
By
Print name print title
STATE OF WISCONSIN )
)ss.
BROWN COUNTY
Personally came before me this I I d l day of M 4.0 h ,2014,the above named JOI'.-J L` I
of Wisconsin Public Service Corporation, to me known to be such person who executed the foregoing instrument and
acknowledged the same,for the purpose herein contained.
C,4v w►C1 - 11Jtl�Ao.R�
Notary Public, Brown County,Wisconsin
My Commission expires: "� /S /tc
CITY OF OSHKOSH
By: _ . (
Iv1.� -A.Rohloff,City• . ..-r
By: L, L _ /` - ..
Pamela R.Ubrig,City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this / " day of InCrG ) ,2014,the above named Mark A. Rohloff and Pamela R.
Ubrig of the City of Oshkosh,to me known to be such pe ons who executed the foregoing instrument arid acknowledged the
same,for the purpose herein contained.
Notary Public,'Winne ago County,Wisconsin
My Commission expires: oZ- /) / 1
AP'iOVED AS TO FO P :
• n A.Lorenson, • • torney
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
March 7, 2014 5
EXHIBIT ..A NOT TO SCALE
..
F;
3 FOR REFERENCE ONLY
# tea
t.
d
k
. x ter!^
a 1
, ,t,'-'.....
y
f 6
{F
n g '
NORTH
0
/J J�,o2c.G` t t� , b7ac�S91) 0 ;.It
???
1 �
� 3 3
i, Ii.. .,,„ , yr ,p.,;...7,,,-7.,"-i"v.76....-'-'n-'-"-.,-,''') t
„ �� ewe
•
i
r'''-... ANCHOR
'"'= EASEMENT r
v.
; 9.
. ---- -
,^
.
. ,0
NOT TO SCALE
,,f,' ,ti .,,;:;:','' ''-,,,,,. .'S,* . ',-,,,,.,.&.,,.., ''?'-'47.z.,,,--, $. '3, ' - '
ii.r)701/ 0009:. it,t.,`'4' EASEN/lE __"4: ., ,, .
. ,,,,, ,,..,,,,,„ .,4i1,. . . .,,t 1.,61.: 7f,.. .. , ,
' '4'''''' '''''.. ' '''' " '4,,..-f. , .._ ....,,_;.,.....'„-',111'''' ''''Ii''5'41 ' '...,-;1:,.-''',7'--- ..-'"''''''''v'-'-''':
NORTH
J.
r.
0' ,ii- . 5 :5'1' 'ifi .
,4,s.,,,,„ .,,„„,, .„,_,,,,,,,,TZ,14%,,,,..MOMIV,F50 . i, g i