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HomeMy WebLinkAboutClarity Care/1304910000 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: Clarity Care, Inc. Date: September 23, 2014 424 Washington Avenue Pro�ect: N/A Oshkosh, WI 54901-5044 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 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) i .. I IIIIIIillilllllllllllllllllll � . Easement 8 j��j 2�gg 16 1 71 Z Document Number pocument Title REGISTER'S OFFICE THIS INDENTURE,made this �day of f(,(n� ,201a, �NINNEBAGO COUNTY, WI by CLARITY CARE, WC, Grantor, and CITY OF OSHKOSH, a municipal RECORDED ON corporation, located in Winnebago County, Wisconsin, Grantee, 09/05/2014 10:27 AM WITNESSETH: JULIE PAGEL IN CONSIDERATION of the sum of One Dollar($1.00)and other good 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 RECORDING FEE 30.00 unto the Grantee, its successors and assigns,and Grantee accepts, an easement over, �ame and Return Ad ress under,and through the land hereinafrer described. CLtGv�_ 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 an easement for public facilities related to a pedestrian cross walk, including crosswalk flashers and a base for a pole. 13-0491-0000 Parccl Identification Number (P1N) 2. CONSIDERATION: The parties agree that a material portion of the consideration for this a;reement is the Grantor providing Grantee with the full benefit of use of the easement property as described herein in retum for the Grantee's initial installation,at Grantee's cost,of public facilities related to a pedestrian cross walk within the easement property. The size, location,and construction, including the time of construction,of the facilities includin�flashing lights,pole(s),and base(s)for any pole,shall be at the sole discretion of the Grantee. Grantee shall be responsible for future maintenance,repair,and replacement ofthe public facilities within the Easement Property to ensure continued safety of the cross walk and those using the cross walk. 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 Exhibit A,attached,and more specifically described as follows: Part of the SE '/4 of the NW '/<of Section 26,Tl8N, R16E,vacated Leach Avenue, U�'Ward,City of Oshkosh,Winnebago Counry, Wisconsin,and being described as follows: The north 5.0 feet of the east 7.0 feet of vacated Leach Avenue. Said Easement contains approximately 35.0 square feet. Street Address: 731 West South Park Avenue,Oshkosh 4. CONSTRUCTION ACCESS: The Grantee shall have the right to temporarily access and use a unifortn strip of property five(5)feet in width within Grantor's parcel#13-0491-0000,on all sides 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 subsequent 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 seeding this construction/maintenance easement, if necessary,upon completion of the construction or maintenance activity. �. 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 ri�hts of way. 1 � 1�lay 20, 201=1 i G_5 6. USE AS EASEMENT FOR PUBLIC PURPOSES: Grantee shall have the right to fuliy use the Easement Property for public facilities in support of public purposes. The Grantee shall have the right to access,survey, lay,construct, ' use,operate, maintain,repair,repiace,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 the Easement Property in a manner consistent with its intended use. 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 under?round 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 Easement Property that does not include public facilities, including grass or other vegetation. The Grantee responsibilities include grading and seeding the Easement Property upon the initial installation of public facilities,and thereafter upon any maintenance,repair,or replacement of any other utility and/or utility structure over,under,and through the easement property. 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 include,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 promptfy remove any materials or objects it is directly,or inadveRently 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 agrees 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. l0. DEFAULT: If either Grantor or Grantee reasonably believes that the terms of this Easement have been breached, then written notification of the alle�ed 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. 11. TERM: This easement is being 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�-anted, 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,assi�ns,and legal representatives. 12. WA[VER: 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 shal l 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 A�eement. 13. NVALID[TY: [f 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 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 through this A�reement. 2 May 20, 201=1 i 1�. MiJNICIPAL 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 dama�e 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 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 shalf be in writing and delivered via certified maii,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: Clarity Care, Inc. 424 Washington Avenue Oshkosh,WI 54901-5044 FOR THE GRANTEE: Citv of Oshkosh c/o Director of Public Works P.O. Box 1130 Oshl:osh,WI 54903-]130 18. AUTHORITY: The Grantee affirms that all necessary boards and elected officials have approved the acceptance of this Easement, and that the undersi�ned 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 undersi�ed 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. S[GNATURE PAGE(S)FOLLOW DRAFTED BY: Attorney David J.Praska Assistant City Attorney Oshkosh, Wisconsin 3 May 20, 2014 i. . IN WITNESS WHEREOF,said Grantor has hereunto set their hand and seal the day and year first above written. � GRANTOR CLAR[TY CARE,IN By: Barb Salemi,CFO STATE OF WISCONSIN ) )ss. WTNNEBAGO COUNTY ) Personally came before me this Z� day of��,2014,the above named Barb Salemi to me known to be such person who executed the fore�oing instrument and a owle�ge�e s�e,for the purpose herein contained. f Notary Public, State of Wisconsin My Commission expires: � •1 r7' ��] ERIN M DAMLE Notary Public � State o! Wiscons�n GRANTEE -.... -�- , . CITY OF OSHKOSH By: �%�--- A. Rohloff,Cit�Man � BY. -- Pamela R.Ubrig,City Clerk STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally came before me this�S� day of /y'`'�j�/� 2014, the above named Mark A. Rohloffand Pamela R. Ubrig of the City of Oshl:osh,to me known to be such perso s who executed the fore�oing instrument and acknowled�ed the same, for the purpose herein contained. � „ / Nota Public, innebago County, Wisconsin _ - My Commission expires: �--/���`"� - A OVED AS T FORM: ' - A. Lorenso , ' Attorney 4 May 20, 2014 � . . � SE 1 /4 OF NW 1 /4 SEC . 26 , T18N R 1 6E T t ''i � . ? ._--- A U � 7 �' �� � P Y �N � O� ; s U � 7 ` � ll > 7 = PROPOSED CROSSWALK � ? FLASHER & POLE � BASE EASEMENT 7'� � n ; � ?25 � ° I � ?3� , � I � 4� ' � � � � I �� ' ' � 28 � ' > I � 29 � �_ Q , I I . = I � � t � 30 Q � � � I 31 � —� � t � � I LEACH , K��EMMER ° � 8c SIMP � ON ' S , I � � � � , ...... .... ............�....... .... .... ...... ............... ... �.. ........... � � SUBD . � � � > , , , - - - �_ - - _ - - - � - - - CITY OF OSHKOSH ENGINEERINGDIVISION CROSSWALK FLASHER & �3iwsLmrNAM��t D<x�wN: POLE BASE EASEMENT G��� o �5 30 731 West South Park Avenue SCALE: (IN FEET) 1�NCH-30 FEET � � „ ,.