HomeMy WebLinkAboutKaren Mantei/0900620000 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: Karen Mantei Date: September 23, 2014
3428 W. Alamo Avenue Pro�ect: N/A
Littleton, CO 80123-2802 From: Carol Marchant, Admin. Assistant
Re: Easement
Attn:
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 Cop of Recorded Easement A reement
These are being transmitted as indicated below:
❑ For Approval � For Your Use ❑ As Requested ❑ For Review&Comment
Remarks:
cc: City Clerk (copy, original lost in mail after recording this document)
Public Works, Engineering (copy)
City Attorney (copy)
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- Easement $ Tx?4123699 4
1671319
Document Vumber pocument Title
REGISTER'S OFFICE
THIS INDENTURE,made this Z.�dday of ,2014, WINNEBAGO COUNTY, WI
by KAREN L. MAIYTEI, Grantor, and CITY OF OSHKOSH, a municipa RECORDED ON
corporation, located in Winnebago County, Wisconsin,Grantee, 09/05/2014 10:27 AM
WITNESSETH:
JULIE PAGEL
IN CONS[DERATION ofthe sum ofOne Dollar($t.00)and othergood REGISTER OF DEEDS
and valuable consideration paid by the Grantee,the receipt of which is hereby
acknowledged,the Grantor,its successors and assigns,does hereby give and grant Recordin are�ECORDING FEE 30.00
unto the Grantee, its successors and assiens,and Grantee accepts,an easement over, Name and Return Addres
under,and through the land hereinafter described. �,�Q
City Attorney's Office
1. PURPOSE: The purpose and use by Grantee of the Easement Property Oshkosh,WI 54903-1130
described in this document shall be for use by Grantee as a sidewalk
easement for public facilities and public access.
09-0062-0000
2. CONSIDERATION: The parties agree that a material portion of the Parcel IdentiGcation Number �r[`��
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 ofthe Grantor,its successors and assigns pursuant to all relevant codes,rules,and
statutes pertaining 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, Winnebago County, Wisconsin, (`Easement
Property")as identified in E�ibit A,attached,and more specifically described as follows:
Part of the NE '/4 of the NE '/a of Section 26,T18N,R16E, Lot 1,Block 53 of original 3`d Ward,
9`�'Ward,City of Oshkosh, Winnebago County, Wisconsin,and bein'described as follows:
That part of Lot 1 northwest of a line described by: Beginnin� 12.5 feet easterly of the northwest
corner of said Lot 1 and terminating 9.5 feet southerly of the northwest corner of said Lot 1,
bounded on the north by W. 9`�Avenue and on the west by Minnesota Street.
Said Easement contains approximately 59.4 square feet.
Street Address:257 West 9`�Avenue, Oshkosh
4. CONSTRUCTION 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#09-0062-0000,directly adjacent to the Easement Property for
construction and maintenance purposes. The Grantee shall have the right to use this property 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
subseGuent maintenance,repair,and replacement completed by,or at the direction of,Grantee. Grantor is not
prohibited from installing landscaping,fencing,or structures that are otherwise allowed by City Code. Grantee shall
be responsible for grading and seedin�this construction/maintenance easement, if necessary, upon completion of the
construction or maintenance activiry.
5. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property for Grantee's us
as a public right of way. The general public shall have access to the Easement Property on locations where there is a
sidewalk or as otherwise is generally allowed on public rights of way.
1
ay 20, 201=�
�r�
i •
, 6. USE AS EASEMENT FOR PUBL[C PURPOSES: Grantee shall have the right to fully use the Easement Property as
a ri;ht of way for public purposes. The Grantee shall have the ri�ht 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 utilities and utility structures within the Easement Property. Grantee shall be responsible for
maintaining above ground public utilities and public utility 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 utility 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. [NTERFERENCE W[TH 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 include,but are not limited to,temporary or pertnanent 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 locating 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�ees 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 gives 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.
]0. DEFAULT: [f 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 actual 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 danger or hazard to the public.
1 I. TERM: This easement is bein�granted in perpetuity for public purposes and uses,both current and future,without
regard to the Grantee's use of the easement at any particular time. 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.
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 A�eement 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 A�reement,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 TH[RD PARTY BENEFIC[ARY: 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
2
May 20, 201=1 �
� ' benefit throu�h this Agreement.
15. M(1N[C[PAL LIABILITY: Nothing in this A�reement is intended as a waiver of the municipaliry'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 dama�e limits,caps and immunities are intended to be preserved by the Grantor and incorporated inro this
agreement by the municipality and its agents,offices,and employees. Such limitations and 'unmunities sha(1 apply to
any dispute related to this agreement,even if the statutory and/or common law limitation is based upon a tort.
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.
FOR THE GRANTOR:
Karen L. Mantei
3428 W.Alamo Avenue
Littleton,CO 80123-2802
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O.Box 1130
Oshkosh,WI 54903-I 130
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
affirn�s 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.
SIGIYATURE PAGE(S)FOLLOW
DRAFTED BY:
Attomey David J.Praska
Assistant City Attorney
Oshkosh, Wisconsin
,
�
May 20, 2014
I �
, IN WITNESS WHEREOF,said Grantor has hereunto set their hand and seal the day and year first above written.
GRANTOR
KAREN L. NTEI
By: •
Karen L. Mantei �
STATE OF COLORADO )
)ss.
A0.4PA ft�COUNTY )
Personally came before me this�day of Tu� ,20 l4,the above named Karen L.Mantei,to me known to be
such person who executed the foregoing instrument and � owledged the same,for the purpose herein contained.
Notary Public, State of Colorado
My Commission expires:���Zo��.
VYESTOM YtLLl�R
STATE OF COI.ORA00
NN OO��AM�IO�N D�PfREB OQ-0�011
GRANTEE
CITY OF OSHKOSH
By: �--- I�����'I�
A.Rohloff,City "ana� ,
By: /
Pamela R. Ubrig,City Clerk
STATE OF WISCONSIN )
)ss.
W[NNEBAGO COUNTY )
Personally came before me thi��day of f�f Ll ti(il�S 1,20 i4, the above named Mark A. Rohloff and Pamela 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,Winne ago Coun Wisconsin .
My Commission expires: �'�v�'�/ � ;
AP OVED AS T FORM: �
� .
A. Lorens , i Attomey
4
May 20, 201�l
i ,
� , ,.
W. 8TH AVE.
� ,
SE ;1/4 OF SE 1/4
� I . SEC.: 23, T18N: R16E
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v � 10 11 12 � 1 2 3
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`- ORIGINAL RD WARD : O ORIGINAL 3RD :WARD
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_ .......... ................. _ N .................................:..........................._.........> ................................
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� � BLOCK 66 � W BLOCK 52
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n
`__' I 22 ` 23 I; 24 z 13 14 15
s � � � � Peace Lutheran Church,
� � SchQOI 8� Group Home
n � I I: 240 8� 250 W. 9tM Ave.
� � �; �
�_ ____L____ O1
NORTH LINE OF SEC. 23 12. 'rJ�
PROPOSED SIDEWALK AND W■ 9TH AVE.
SIDEWALK CURB EASEMENTS
12.5'
in
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' 257 W. � �
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r I 9th /4ve. I I
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� _ � ^ _
v I I �
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i 10 � 11 12 1 � 2 � 3
pRIGINAL 31RD WARD ORIGINAL 3RD `�NARD
, ' � �
BLOCK} 67 BLOCK 53I
� �
, � NE 1,/4 OF NE� 1/4
_ - _ ' ' _ _SEC. 26, T18N R16E
_ �
CITY OF OSHKOSH �
ENGINEERING DNISION
FILE NAME: DxawN: SIDEWALK & SIDEWALK CURB EASEMENT
�
9[hBsMianpotaEasemmts 4-9-2014 240/250 & 257 West 9th Avenue
j GRAPHIC o ss so
� SCALE: (IN FEET) �—�� ' �
1 INCH�50 FEET
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