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Home My WebLink AboutAlamosa Properties, LLC/0102000000 • r ' I II) II�IIIIIIIIII( I 1�� 8 1 7 7 3 6 � Tx:�12�7C4 Errsenienl Y 67 3 Z o 0 R��TER°� OFFICE DocuntentYumber Uocun�entTitic WYI�[NEBAGO Ci}UNTYr WI RECORDED ON TH[SEASEMENT("Agreement"),madethisc��dayof C� D�/30J2014 3:36 PM 2fl14� .IULIE PAGEL by the CITY OF OSHKOSH ("City") and CITY OF OSHKOSH REGISTER OF DEEDS REDEVELOPM�NT AUTHORITY., 215 Church Avenue, Oshkosh, Wisconsi 54901, a municipal corporation, Collectively,. Gra�itor, and ALAMOS RECQRDING FEE 30.00 ', (WISCONSII�PROPERTI�S,LLC,a Wisconsin limited liability company, G391 PAGES: 7 ' Sprint Parkway,Overland Park,Kansas 66251, Grantee, Recordin .�1ren WFTNESSETH: n'ame aud Reiurn�lddress City Aftorney's Officc IN CONSIDERATION of the sum of One Doilar($1.00)and other goad Oshkosl�,�VI 54903-1130 and valuabte consideration paid by the Grantee,the receipt of�vhich is hereby acknowledged,the Grantor,its successors and assigns,does hereby give and grant 9010200�a00 unto the Grantee,its successars and assigns,and Grantee accepts,a non-e:cclusive Parcet IdenfiTic�tion Piumber �Pi�� easement over,under,and throttgh tlie land hereinafter described. 1. PURPOSE: A non-exclusive easetnent to construct,repair,�nodify,supplement,maintain,operate ancUor remove underground facilities for tha transmission of signals used i��the provision of communication,video and/oc information services and/or any other services or uses for which sucli facilities may be used. Tlie easement is intended to be used for Grantee's business,and specifically its telecommimication business doing business as"Sprint." 2. EASEMENT PROPERTY: The Easeinent Property is tivithin a City-o�vned tract of land described as Lot 4 of Certified Survey Map#6553,�vhich was recorded with the Winneblgo County Register of Deeds as bocument Number i 57779b on August 5,2011,�vith the property sit��ated�vith[n in the City of Oshkosh witt�tt►e intention that it�vill be devefoped for commercial use in the future. The Easement Property is more particul�rly described as: Easement Property legal desc�•iptiojt nttnched as Exhibit f1 3. MAP: A map refiecti��g the Iocation of the Easement Property is attached as Exltibit B and fi�lly incorporated in this document. 4. &ASEMENT: The Grantor gr�ttts,and the Grantee accepts,a non-exciusive easement over,under,and through the Easernent Property to consti�uct,repair,modify,supplement,maintain,operaEe and/or remove undergrouud facilities tlilt are used for the transmission of signals for commt�nication,video and/or information services and/or aity atlier services or uses that are part of the Grantee's cunent business operations. a. Grantee's facilities tivithu�tlie Easement Propetty shall be unclerground unless othenvise explicitly allowed by Grantor. b. Gra�itor may begin,or continue,using the Elsement Property in any manner necess�iy to clrry out its muiiicipal functions after provid'u�g Grantee notice oFsuch use,and allow��g a reasonable opportunity to have a meaningful discussion regarding municipal uses. Any future use by Grantor that is incompatible with or adversely impacted by,Grantee's use�vill rec�uire tl�e Grantee ta relocate its facilities,at Gr�ntee's expense. c. Grantor may allotiv other persons or entities to use the Easement Property for public utility purposes d. Grantee understands that u�the event the Grantor extends River�vay Drive southerly to connect�vith Marion Road,then Grantor m1y,at its sole discretion,require Grantee to relocate its facilities in a timely manner at Grantee's sole expense. Grantor wil]not ba responsible for any costs for such relocation. In the event of any relocation,all Grantee's old facitities must be removed in their entirety. In the event Grantor allo�vs Grantees eptember S, 201� 1 MC�sqGoeS Y • facilities to remain in the Basement Property, in�vhole or in part,then Grantee agrees to execute a Utility Release of Rights agreen�ent provided by Grantor. e. The City of Osltkosli�vater tower adjoining ttie Easernent Property may be repaired,replaced,removed,or simply relocated to another locltion. In the event changes are made reIating to the water tower which will � require,at City's discretion,Grantee's easement to be moved,modi6ed,or relocated,such relocations�vill occur � in a timely manner and solely at Grantee's expense. In tf�e event of any relocation,a(I Grantee's oId facilities ' must be removed in their entirety. 5. MAINTENANCE: a. Grantee shall grade,seed,and othenvise return the surface of tlie Ease�nent Property to a condition that is the same or better than that prior to any work Grantee performs at the Easement Property. b. Grantee shall,after the initial consrivction and instaliation of its facilities,be fully responsible for grading and restoring the surface of the Easement Property to the same or better condition than it was before the instaltation. Grantee shall be responsible for maintaining its faciiities iucorporated into the Easement Property,including ' maintenance,repair,replacement,or removal ivhen appropriate, Grantee shall be fiilly responsible for repairing the surface of the Easement Property�vhich is altered or damaged by Grantee's use of the Easement Property,or af�er Grantee's repair ancl/or mainten�nce of its facilities,to the same or better condition than at the ti�ne of the repair or maintenance co�iunenced. c. All work within the Easement Properry that is perfonned by or under the direction of Grantee,or its employees, agents,or representatives,shall conforn�to atl requirements for the City of Oshkosh right-of-way permits, including tl�e televising of any storiit se�ver or sanitary se�ver lines that are bored across. d. Grantor shall be responsible for a![normal and routine maintenlnce and repairs of the surface of the Easement Property. Grantor shall notify Grantee and receive Grantee's approval prior to digging or otherwise removing soil and other materials more than t�vo(2)feet belo�v the surface elevation. 6. INTEItFERENCE WITH EASEMENT: Except as otherwise noted in this Agreement regarding potential relocations of facilities or Grantor's allo�ved use of the E�sement Property,Grantor may install or constnwt fences,shrubs or similar vegetation in the Easement Property after providing notice to Grantee�vithin a period that will allow a meaningful discussion regarding these potentia!new ii�st�lltations. 7. USB OF EASEMENT BY OTH�RS: Grantor agrees that Grantee may temporarily assign the construction and maintenance riglrts identified herein to any contractor,third party,or other person. Assignees must demonstrate to Grantee that they have suf�icient competence and must give adequate assurances that any work to be performed in or around the easernent shall be conducted in a skillful manner. Assignees must also protect Grantor's interest in the easement premises to the sa�ne extent as if Grantee tivas itself pec•forming the construction or maintenance. 8. DEPAULT: If aither Gi�antor or Grantee reasonaUly believes that the terms of this Easement have been breached, then�vritten notification of the alleged breach shall be delivered to tt�e other party. Any party in breach shall have sixty(60}days to cure any actuai breach. However,Grantee may immediately remove 1ny object oz•material whicl�it believes materiatiy interferes with the design of its facilities. 9. TERM: This easeme►tt is beir�g granted in perpetuity for co3nmunications purposes and uses,both current and fiihire. Notwithstanding the foregoing terni,the easement may be changed,attered,moved,or modified according to the terms of this Agreement. All rights,titte and privileges herein gr�nted, including benefits and burdens,shall run with the land and sliall be binding upon and inw�e to the benefit of the Grantor and Grantee,ttieir respective heirs, e:cecutors,adminish•ators,successors,assigns,and legal representatives. 1 d. EXIS'TING EASEMENTS: Each party retains sole responsibility to undertake any due diligence it deems necessary to determine tlie existence of other liens,easements,or encumbrances related to the Easement Property. Each party is responsible for the current condition of the Easement Property and the titIe of the Easement Property. t l. WAIVER: No delay or omission by any party to tl2is Agreement in exercising any riglit or power arising out of any default under any of the terms or conditions oFthis Agreement shali be construed as a waiver oPthe right or po�ver. A �vaiver by a party of any of the obligations of the other party shall not be construed to be a waiver of any breacl�of Septe�rtber S, 2014 2 ' , ,� . any other te��nis or canditions of this Agreement. 12. INVALIDITY: If any term or condition of this Agreemant,or the application of this Agreement to any person or circumstance,shall be invalid or wienforceable,the remainder of this Agreement,or the application of the te►xn or condition to persons or cira�mstances other than those to which it is lieid invalid or unenforceable,shall not be affected thereby,and each tenn and condition shall be valid and enforceable to the fullest extent permitted by law. 13. NO TH1RD PARTY BENEFICIARY: Tlze tenns of this Agreement are for the benefit of the hvo parties identified, and it is not the intentian of either the Grantor or Grintee that other parties shatl acquire auy rights to enforce or benefit from tEirough this Agreement. l4. MUNICIPAT.T.IABILITY: Nothing in this Agreetnent is intended as a waiver of the municipality's right or opportuntty to rely upon the municipal limitations and immunities contained�vithin Wisconsin law. Municipal immunities and limitations inciude,but are not limited to,Sections 345.05,893.80,and 893.83,Wisconsin Statutes. Such damage limits,caps and imtnunities are intended to be preserved aud are incorporated into this agreement and shall govein all disputes,contractual or otherwise,as they apply to tlie municipality and its agents,officers,and employees. 15. GOVE[2NING LAW: This Agreement sl�ali be constiued and enforced in accordar�ce witli the la�vs of the State of Wisconsin. Venue for any action regardi��g this Agreenient shall be the Winnebago County,Wisconsin,Circuit Coui�t or,if a federal court action,then the appropriate district and/or branch within which Wiiinebago County is located. lb. NOTICES: A�iy notices required by tt�is Easement shafl be in writing and delivered via certified inail,return receipt requested,as follo�vs. Changes to these addresses sl�all be in writing. Tn addition to formal notification,both parties agree to take reasonab(e measures to keep the other party informed of issues or questiotts►•egardi�tg tiie Easement Prope��ty. FOR THE GTtANTOR: Gity of Oshkost� Oshkosh Redevelopment Authority c/o Cominunity Develop�nent Director c/o Executive Director P.O. Box 1130 P.O.Box L 13Q Oshkost�,WI 54903-1130 Oshkosh, WI 54903-1 l30 FOR THE GRANT�E: Sprint Property Services Mailstop KSOPHT0101-Z2fi50 6391 Sprint Park�vay Overland Park,Kansas 66251-2650 With copy to: Sprint Lativ Department Mailstop KSOPHTO101-Z2020 b391 Sprint Parkway Overl3nd Park,Kansas 66251-2020 Afh�.:Real Estate Attorney 17. AUTHORITY: Grantee�ffinns that ali necessary boards and electad officials have approved the acceptance of this Agreement,and that the undersig,�ied have the authority to sign this Agreement on behalf of Grantee. Grantor affirms that it has the authority�vithout limitation to enter into this Agreemeitt.The undersigned assert and affirm that they have the authority�vithout limitation to enter into t(iis Agreement on belialf of Grantor. SIGNAT[JRE PAGES FOLLOW This instn�ment drafted by: Attorney David J.Praska Oshkosh,WI 54903-1i30 Septe�rtber S, 2014 3 , IN WITNESS WHEREOF,said Grantor has hereunto set their hand and seat the day and year first above written. CITY OF OSHKOSH By: h--- UZ� IVIar .Rohloff, ity Mana By. ��/ i' l/_ Pamela R.Ubrig,City Clerk . STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) h Personally came before me this�day of�,2014,the above��amed Mark A.Rohloff and Pamela R. Ubrig of the City of Oshlcosh,to me k��own to be such persons who executed the foregoing instrument and acknowledge�i the same, for tha purpose lierein contained. � � Notary pub ic,Witu�ebago Coun ,Wisconsin My Co�mnission expires: ,�—�,�� A ROVED AS T ORM: .Lore so Atto�mey � - / OSHKOSk�E'fl + OPMEl�T AUTHORITY � / -- By: / _____.- Thomas tex�,C a' By: w- H.Allei�Davis,Executive Director STATE�F WISC4NSIN } )ss. WINNEBAGO COUNTY ) Personally caine before me this o�(o�d1y of 20I4,the above named Thomas Belter of ttie City of Oshkosh Redevelopme�it Aathority,to me known to Ue the person w io executed the foregou�g instruittent and acluia�vledged the same,for the purpose herein contained. Notary Pabiic,State of Wisconsin ��p� �tH My Com�nission expires: 3 � �ry P� Svb M YI�OnsM STATE OF WISCONSiN ) ' )ss. WINNEBAGO COUNTY ) Personally came before me this��day of�_,2014,the above named H.Allen Davis t m k oti t b the person who e:cecuted tlie foregoing instrument and a kno�vledged the same,for the purpose l�erein oE�aine . �p.� �-�� ANOREA SMItN Notary Public,State of Wisconsi�i Npq[y pllblk My Commission expires, f�3� � j�_ SUt�M WI�IAl1iN1 , Septembe�•5, 20I4 4 �' � ALAMOSA{WISCUN�IN}PROPERTIES,LLC Y� GC (prin � m �J��/�� (titte) By: , (print name} (title) STA'CE OF C'M� } }ss. CUG�L COUNTY ) Personally came before me this��day of�.�M�-,2014,the above named '�^`�"�C�ri-�- of Alamosa (Wisconsv�) Properties, LLC, to me kno�vn to be such person who executed the foregoing instrument and ackno�vledged the same,for the purpose hereu►contained. . Official Seai Notary Public, te of � '�� Arleth J Carbajat My Coinmission expires: d 3 C��s Notary Public State of Illinois STATE OF ) My Commission Expires 10/31/2015 )ss. COUNTY ) Personally came before me this day of ,2014,the above named of Alamosa (Wisconsin ) Properties, LLC, to me kno�vn to be such person who executed the foregoing instrument and ackno�vledged the same,for the purpose herein contained. Notary Public,State of My Con�mission expires: Septerrtbet•S, 201� 5 . , , � ' r _--�"" • pROPOSED ti5'WIQE UTILITY EASEMENT CENTER�INE DESCRIPTION ACROSS LOT 4 OF CSM�644� A PART OF LOT 4 OF CERTIFIED SURVEY MAP NQ.�6553, RECQRDED AS DQCUMENT N0.1577796(N THE WINNEBAGO COUNTY REG(D7'ER OF DEEDS OFFICE AND ALSO BEING PARI"OFTHE NORTHEASTIJ4 OFOF THE 50UTHEASTI/4ANb PART OFTHE SOUTHEASTt�q.OFTHE NORTHEAST t/4 O�SECTION z3,TOWNSHIP�8 NORTH, RANGE t6 EAST,CITY OF OSHKOSN,W(�NEBAGO COUi�3TY,WISCONSIN AND BEING FURTNER DESCRIBEDAS FOLLOWS: • . COMMENCING ATA FOUND�'�IRON P(PE AT THE SOUTFiWEST CORNER OF 5Af D LOT�}OF CERTIFIED SURVEY MAP NO.6553;TNE�lCE S55°�8't4"E,7.68 FEETALONG THE NORTH LINE OF MARlON ROAD TO TfiE POINT OF BEGINNING�i,THENCE N3o°08'37"E,145.oi FEET;THENCE N35'2$'52"�,b9•$9 FEETTO THE MOS1'WEST LINE OF SAIO LOT 4 OF CERTIrIEb SUftVEY MAP NO.bSS3 ANQ ALSO THE pOINT OF TERMINATION.SAID � CENTERLINE CONTAINS z1q.90 LINEAR FEE7AND IS SUBJECT`f0 ANYAND ALL EA5EMENTS OR�AGREEMENTS, RECORDED OR UNRECORDED. � Exhibit , , ,, , -,%_,, .. .: ... .. .:..... x ._ , _. _ „ . , , .. _.. ,. ,:_ _ _ ; �z T � � , � i ; : n i i ' = (JJ �� W�' � 'i i i � � _ r� "°� B� ;` � ili � ! � _ - . a�_ �o�a� �o "�` Iji ! i � ' _ - �' w � ZSr �'`�ZCGs QS �no � � I � .I = _ O _ � -; ^.� ��t ��oow �� q� � � I - ,' < - ..7 ��' C`� �i �a �� , � I I � ; , s � _ _ w �- ,�^ n J y C .n � I I � �. 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