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Home My WebLink AboutPeace Lutheran Church/0900170000 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: Peace Lutheran Church Date: September 23, 2014 240 West 9 Avenue Pro�ect: N/A Oshkosh, WI54902 From: Carol Marchant, Admin. Assistant Re: Easement Attn: Jessica Felker 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 Quantit Descri tion 1 Co of Recorded Easement A reement These are being transmitted as indicated below: ❑ For Approval � For Your Use ❑ As Requested ❑ For Review 8�Comment Remarks: cc: City Clerk (copy, original lost in mail after recording this document) Public Works, Engineering (copy) City Attorney (copy) � � �� ii�ii�iiiaiii��iiiiiiiiiii iiiii Easement 8 ��g��5 Document Number pocument Title REGISTER'S OFFICE THIS INDENTURE,made this��day of ( ,2014, WINNEBAGO COUNTY, WI by PEACE LUTHERAN CHURCH,a religious corpo ation,Grantor,and CITY RECORDED ON OF OSHKOSH,a municipal corporation, located in Winnebago County,Wisconsin, 09/05/2014 10:27 AM Grantee, WITNESSETH: JULIE PAGEL REGISTER OF DEEDS IN CONSIDERATION of the sum of One Dollar($1.00)and other good and valuable consideration paid by the Grantee,the receipt of which is hereby RECORDING FEE 30.00 acknowledged,the Grantor, its successors and assigns,does hereby give and grant RecordinQ Area ��„_ � Name and Return Address unto the Grantee, its successors and assigns,and Grantee accepts,an easement over, �tA,r�sZ under, and through the land hereinafter described. City Attorney's Office Oshkosh,WI54903-1130 1. PURPOSE: The purpose and use by Grantee of the Easement Property described in this document shall be for use by Grantee as a sidewalk easement for public facilities and public access. 09-0047-0000 Parcel Identification�lumber (PIV) 2. CONSIDERAT[ON: The parties agree that a material portion of the consideration for this agreement is the Grantor providing Grantee with the full benefit of use of the easement property as described herein in return for the Grantee's initial installation,at Grantee's cost, of a public sidewalk with a curb within the easement property. The size, location,and construction, including the time of construction,shall be at the sole discretion of the Grantee. Both parties agree that upon the initial installation of the sidewalk,all future maintenance,repair,and replacement of the sidewalk shall be the financial responsibiliry of the Grantor, its successors and assigns pursuant to all relevant codes, ruies,and statutes pertainin�to sidewalks within the City of Oshkosh. 3. EASEMENT 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, W innebago Counry, Wisconsin,(`Easement Property")as identified in E�chibit A, attached,and more specifically described as follows: Part of the SE '/4 of the SE '/4 of Section 23,T 18N, Rl 6E, Lot 13, Block 52 of original 3`d Ward, 9`h Ward,City of Oshkosh, Winnebago County, Wisconsin,and being described as follows: That part of Lot 13 south�vest of a line described by: Beginning 12.5 feet easterly of the southwest corner of said Lot 13 and terminating 9S feet northerly of the southwest corner of said Lot 13, bounded on the south by W. 9'h Avenue and on the west by Minnesota Street. Said Easement contains approsimately�9.4 square feet. Street Address: 240/250 West 9`�'Avenue, Oshkosh 4. CONSTRUCT[ON ACCESS: The Grantee shall have the right to temporarily access and use a uniform strip of property five(5)feet in width within Grantor's parcel#09-0047-0000,directly adjacent to the Easement Property for construction and maintenance purposes. The Grantee shall have the right to use this properry only for construction and maintenance purposes,and only for periods reasonably necessary to complete each construction and/or maintenance project. Construction and maintenance access shall include the initial construction,as well as subsequent maintenance,repair, and replacement completed by,or at the direction of,Grantee. Grantor is not prohibited from installing landscaping,fencin�,or structures that are otherwise allowed by City Code. Grantee shall be responsible for grading and seeding this construction/maintenance easement, if necessary, upon completion of the construction or maintenance activity. 5. ACCESS RIGHTS: Grantee shall have the complete rijht to access and use the Easement Property for Grantee's us as a public right of way. The general public shali have access to the Easement Property on locations where there is a 1 ay 20, 2014 �� sidewalk or as otherwise is generally al(owed on public rights of way. 6. USE AS EASEMENT FOR PUBL[C PURPOSES: Grantee shall have the right to fully use the Easement Property as a right of way for public purposes. The Grantee shall have the right to access,survey,lay,construct,use,operate, maintain,repair,replace, relocate,and/or remove sidewalks, signs,and other public utilities that may be necessary for use for a public utiliry. The determination of public utilities that may be necessary shall be at the discretion of the Grantee. The public shall have the right to use any sidewalks on the Easement Property in a manner consistent with use of other sidewalks within the City by the public. The location of sidewalks,signs,and other public utilities may be over,under, or through the Easement Property. 7. CONSTRUCTION/MAINTENANCE: Grantee shall be responsible for maintaining,repairing,and replacing all underground uti(ities and utiliry structures within the Easement Property. Grantee shall be responsible for maintaining above ground public utilities and public utiliry structures,excluding sidewalks. Grantor shall be responsible for all aspects of maintenance,repair,and replacement of the sidewalk and the terrace area between the sidewalk and street. The Grantee responsibilities include grading and seeding the Easement Property upon the initial installation of a sidewalk, and thereafter upon any maintenance,repair,or replacement of any other utiliry and/or utiliry structure over,under,and through the easement property. Grantor may be assessed costs of construction and/or maintenance on the Easement Property as otherwise allowed or required by the Municipal Code. 8. INTERFERENCE WITH EASEMENT: The Grantor, its agents or assigns,shall not interfere in any way with the Grantee's use of the easement, and in particular shall not alter the slope or elevation of the easement,alter the vegetation associated with the Easement Property,or install or construct any structures or improvements within the easement. Grantor shall not place, pile,or move snow or ice on the Easement Property. Prohibited structures or improvements inciude,but are not limited to,temporary or permanent building structures,driveways,parking areas, sheds,change in elevations, vegetation except grass, landscaping or fences. Grantor shall be expected to promptly remove any materials or objects it is directly,or inadvertently responsible for locatin�in the Easement Property and interfering with the easement or, if Grantor fails to remove these materials or objects,Grantee shall remove them at Grantor's expense. 9. USE OF EASEMENT BY OTHERS: The Grantor a�rees that the Grantee may temporarily assign the construction and maintenance rights identified herein to any contractor,third party,or other assignee who demonstrates to the Grantee sufficient competence and�ives adequate assurances that any work to be performed in or around the easement shall be conducted in a skillful manner,and that the Grantor's interest in the easement premises shall be protected to the same extent as if the Grantee was itself performing the construction and maintenance. 10. 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 thirty(30)days to cure any acfual breach. However, Grantee may immediately remove or repair the sidewalk or terrace,at Grantor's cost,when it believes that the condition of the sidewalk and/or terrace materially interferes with the lawful use of the Easement Property and/or poses a dan�er or hazard to the public. 1 1. TERM: This easement is being granted in perpetuity for public purposes and uses,both current and future,without re�ard to the Grantee's use of the easement at any particular time. All rights,title and privileges herein�anted, includin�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. 12. WAIVER: No delay or omission by any party to this agreement in esercising 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 ri�ht or power. A waiver by a party of any of the ob(igations 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 applicadon of this A�reement to any person or circumstance,shall be invalid or unenforceable,the remainder of this Agreement,or the applieation 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 BENEF[CIARY: The terms of this A�reement are for the benefit of the two parties identified, 2 May 20, 201=� � and it is not the intention of either the Grantor or Grantee that other parties shall acquire any ri�hts to enforce or benefit through this Agreement. 15. MLJNICIPAL L[ABILITY: Nothing in this Agreement is intended as a waiver of the municipality's ri�ht 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 by the Grantor and incorporated into this agreement by the municipality and its agents,offices,and employees. Such limitations and immunities shall apply to any dispute related to this a�reement,even if the statutory and/or common law limitation is based upon a tor[. 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 WinnebaJo County, Wisconsin,Circuit Court or, if a federal court action,then the appropriate district and/or branch within which Winnebago County is located. l7. 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 agee to take reasonable measures to keep the other party informed of issues or questions regarding the Easement Property. FOR THE GRANTOR: Peace Lutheran Church 240 West 9`�'Avenue Oshkosh, WI 54902 FOR THE GRANTEE: City of Oshkosh c/o Director of Public Works P.O. Box 1 130 Oshl:osh, WI54903-1130 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 authoriry to si;n this agreement on behalf of the Grantee. Grantor afFrms that it has the authority without limitation to enter into this easement agreement.The undersigned assert and affirm that they have they have the authoriry without limitation to enter into this easement ageement 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 PAGE(S) FOLLOW DRAFTED BY: Attomey David J. Praska Assistant City Attomey Oshkosh, Wisconsin 3 May 20, 201=1 i IN W[TNESS WHEREOF,said Grantor has hereunto set their hand and seal the day and year first above written. GRANTOR PE EILUTI-�RA C RCH �� BY: i � � Jessica Felker, Property Manager ,� STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally came before me this �� day of ,2014,the above named Jessica Felker,to me known to be such person who executed the foregoing instrument d a�ged the same, for the purpose herein contained. ��p('�Q,��Se., Notary Public, Winnebago C un , Wisconsin My Commission expires: a�u.u,hp ,,�;�`�PC HF��, •+� •'� ' . �'�s, . i v� ��oTA�Q�'•,e�s . s —�— _ • AVB 1.1G .'? s GRANTEE " 9 . .. �y� '� -.,,�,�;••� , S �, �� CITY OF OSHKOSH ,, O � �,, ''��,uuuu��.... By: �—� a A. Rohloff, ity Man . By: Pamela R.-Ubrig,City Clerk STATE OF WISCONS[N ) )ss. WINNEBAGO COUNTY ) Personally came before me this�3 r�day of\��'2014, the above named Mark A. Rohloff and Pame;a R. Ubrig of the Ciry of Oshkosh,to me known to be such persons who executed the foregoing instrument and acknowledged the same, for the purpose herein contained. �� Notary Public, inneba�o County, Wisconsin My Commission expires: �2' /,�'/'`7 AP VED AS TO F . _ . Loren i orney ' . 4 May 20, 2014 �� . � , ,. f . � � Wr �T� �Y�■ , , : SE :1/4 OF SE 1/4 ; � , SEC.; 23, T18N; R16E � � u I 10 � 11 12 y 1 2 3 � � - - a J I i i i . . � ; ORIGINAL RD WARD ; � ORIGINAL 3RD �WARD � _ � _ ..................................... : _ ......................................:.................................... ................................... , ' : ..., ' BLOCK 66 : W ' BLOCK 5Z � � � �: u � _ I 22 I 23 I: 24 Z 13 14 15 � � � �: � Peace Lutherani Church, a � _ I School & Group; Home ^ 240 & 250 W. 9th AVe. � � �� _ �— rn NORTH LINE OF SEC. 23 12.5� PROPOSED SIDEWALK AND �' �� E■ SIDEWALK CURB EASEMENTS 12.5' i� �i � 257 W. � � � I r 9th Ave. I I 3 , � � � - — — - � v I � � � i 10 � 11 12 1 � . 2 I 3 pRIGINAL 31RD WARD ` ORIG�INAL 3RD ``NARD � BLOC I 67 � BLOCK 53� I � � � � NE 1,/4 OF NE� 1/4 � _ - - — — _ _SEC. 26, T18N �R16E _ � CITY 4F OSHKOSH ENGINEERiNG D1VIS10N �ILE NAME: D�wN: SIDEWALK & SIDEWALK CURB EASEMENT 9Ut&AfinnuotaEuemenls ,.9-ZO�, 240/250 & 257 West 9th Avenue � j GRl�H�C p 25 50 � SCALE; (IN FEET) 1 fYCH�50 FEET • • I