HomeMy WebLinkAboutWarranty/Six Rivers Investments, LLCto RDA/030010000 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: Morgan District LLC Date: June 5, 2014
601 Oregon Street Project: Riverwalk
Oshkosh, WI 54902 From: Carol Marchant, Admin. Assistant
Re: Warranty Deed & Covenants and
Attn: Restrictions
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter ® Warranty Deed ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
LI Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ® Other
Quantity Description
1 Copy of the Warranty Deed, Covenants and Restrictions for Riverwalk
These are being transmitted as indicated below:
❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment
Remarks:
cc: City Clerk (original)
Community Development (copy)
City Attorney (copy)
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Warranty Deed Tx:411 20009
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Document Number Document Title
REGISTER'S OFFICE
THE MORGAN DISTRICT, LLC f/k/a SIX RIVERS WINNEBAGO COUNTY, WI
INVESTMENTS LLC, A Wisconsin Corporation, Grantor, conveys RECORDED ON
and warrants to REDEVELOPMENT AUTHORITY OF THE CITY 05/30/2014 10:52 AM
OF OSHKOSH,A Wisconsin municipality, located in Winnebago JULIE PAGEL
County, Wisconsin, Grantee, the following described real estate in REGISTER OF DEEDS
Winnebago County, State of Wisconsin, subject to the Covenants and
Restrictions attached hereto: RECORDING FEE 30.00
2G
Part of Lots One (1), Two (2), Three (3), Four(4), Five (5), Six (6), and Recording Area PAGES: 7
Name and Return Address
Seven (7), Block One (1), in the plat of the Original Third Ward,per
Leach's Map of 1894, in the City of Oshkosh, Winnebago County, City Attorney's Office
Wisconsin, bounded and described as follows: Oshkosh,WI 54902-1130
Part of
Commencing at the Southwest corner of Block Three (3) of the plat of 903-0001-0000
the Original Third Ward, that also being the intersection of the North Parcel Identification Number
right-of-way of West Sixth Avenue and the East right-of-way of Oregon (PIN)
Street; thence North 01 deg. 06 min. 40 sec. West, 446.82 feet along the West line of said Block 3, the
West line of Lot One (1) in Block One(1) of the plat of the Original Third Ward, and the East right-of-
way of Oregon Street to the point of beginning; thence North 01 deg. 06 min. 40 sec. West, 129.34 feet
along the West line of said Lot 1 and the East right-of-way of Oregon Street to the Northwest corner of
said Lot 1 and a point on the Southwesterly bulkhead line (U.S. Harbor line) of the Fox River as
established by a General Ordinance of the City of Oshkosh per Doc. No. 276204 of Winnebago County
Records; thence South 86 deg. 58 min. 18 sec. East, 244.06 feet along the Northerly line of said Block 1
and the Southwesterly bulkhead line (U.S. Harbor line) of the Fox River; thence continuing along the
Northerly line of said Block 1 and the Southwesterly bulkhead line(U.S. Harbor line) of the Fox River
South 65 deg. 33 min. 48 sec. East, 91.75 feet to the Northeast corner of the West One-half(W %2) of Lot
Seven (7) of said Block 1; thence South 01 deg. 00 min. 17 sec. East, 33.22 feet along the East line of the
W %2 of said Lot 7; thence North 65 deg. 33 min. 48 sec. West, 100.35 feet; thence North 86 deg. 58 min.
18 sec. West, 206.14 feet; thence south 01 deg. 06 min. 40 sec. East, 97.10 feet; thence South 88 deg. 53
min. 20 sec. West, 30.00 feet to the point of beginning.
This is not homestead property.
Exception to warranties: Zoning provisions, easements, and other restrictions of record.
Dated this 22nd day of May, 2014.
THE Oit Ai ISTRICTJ LC
A "40y
Cr.', 'chwab, Manager
STATE OF WISCONSIN)
)SS.
WINNEBAGO COUNTY)
Signature of Grant Schwab,Manager of The Morgan P istrict,LLC,is authenticated this 22 11d day of May,2014.
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a '. Notary Public,Winnebago Co.,WI
` My Commission q - L-/b
. ..This instrument drafteaby: •..,. . •'
Attorney Lynn A. Lorensop f ' ,
Oshkosh,WI 54901-1130 `0 R ; 4 , t` -
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.
1
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 may 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 propelled 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.
2
13. Stormwater, Watermain, Sanitary Sewer and Pipes. 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 further 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 constructed 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. Invalidity. 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.
3
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 from 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.
By E4Y.�I�
• �chw.•
CITY OF OSHKOSH
Mark A.Rohloff, City Manager
Pamela R.Ubrig,City C erk
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