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Home My WebLink AboutLaabs/0610580100 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: Lester& Barbara Laabs Date: March 26, 2015 1324 Bismarck Avenue Pro�ect: N/A Oshkosh, WI 54902 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 Description 1 Co of Recorded Easement �-- L—A r' f+2 These are being transmitted as indicated below: ❑ For Approval � For Your Use ❑ As Requested ❑ For Review 8� Comment Remarks: cc: City Clerk (original) Public Works, Engineering (copy) City Attorney (copy) i �i iii�iiii ii�i��iii'�� , n �^ C% l, (�f ,�} I) i� �J . . T, ;, ��,.r;n�., ,{.; ;1 t��:t.�_; . . �.�� Easem ent • �e�zs��°� �� DocumentNumber pocumentTitle WINP{EI�AGfl C{�11N-iY� WI fdEC�RDEQ O1�! fl3J23/zo15 9:�2 ,�t++► THIS INDENTURE,made this�day of��!'�`p ,rj�r` ,2012, )(aLIE 1>E�iGEL by LESTER W. LAABS and BARBARA L. LAABS, collectively, Grantor, an ��,�i�TE R O F D E E f�� CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin,Grantee, R�CORDIfVG F�� 3�7.i1� WITNESSETH: PAGES: 6 Recordin Area IN CONSIDERATION of the sum of One Dollar($1.00)and other good Name and Return Address .� 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 City Attorney's Office unto the Grantee,its successors and assigns,and Grantee accepts,an easement over, Oshkosh,VVI 54903-1130 under,and through the land hereinafter described. 1. PURPOSE: The purpose and use by Grantee of the Easement 90610580100 Property described in this document shall be for use by Grantee as Parcel Identification Number (r�N) part of its storm water management system. 2. 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"), identified in Exhibit A,and described as follows: The East 15 feet of the North 10 feet of Lot 1 of Block Seven of the Third Addition of Vanderpools Subdivision, Section 22,T.18.N,R.16.E.,City of Oshkosh,Winnebago County, Wisconsin. 3. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property for,and related to, Grantee's storm water management system. 4. USE FOR STORM WATER MANAGEMENT SYSTEM: The Grantee will use the easement for a storm sewer and storm sewer catch basin. Grantee shall have the right to fully use the Easement Property for these purposes as part of its storm water management system. The Grantee shall have the right to access,survey,lay,construct,use,operate, maintain,repair,replace,relocate,and/or remove storm water sewers and/or storm water drainage facilities. 5. MAINTENANCE: Grantee shall be responsible for maintaining all storm water drainage facilities on and within th Easement Property,including the maintenance,repair,and replacement of all storm water facilities located over, under,and through the Easement Property. The Grantee responsibilities include grading and seeding the Easement Property,repairs of erosion,and regrading when necessary. The Grantee's maintenance of the Easement Property, and the associated storm water facilities,shall be at the Grantee's sole discretion at for the purpose of ensuring that the storm water facilities associated with the Easement Property function within the City of Oshkosh's overall storm water management plan(s). The Grantor shall not have any right of entry to perform any repair or maintenance associated with the Easement Property that they believe are necessary,except to remedy any issue associated with paragraph number 6,below,or remove debris before the City has the ability to do so,or except with the express permission of the Grantee. Grantor shall be responsible for maintaining any surface of the Easement Property. Grantor's responsibilities do not include repairs which are the result of the Grantee's use of the Easement Property. 6. INTERFERENCE WITH EASEMENT: Grantor,their heirs,agents,or assigns,shall not interfere in any way with the Grantee's use of the easement,or install or construct any structures or improvements,landscaping or otherwise, within the easement. Grantor shall not place,pile,or move snow or ice on the Easement Property. Prohibited new 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 promptly remove any objects,materials,or structures which impede the Grantee's use of the Easement Property ar limits the 1 August 22, 2012 lJ� ,, , capacity of the Grantee's storm water drainage system. If Grantor fails to remove these materials or objects,Grantee shall remove them at Grantor's expense. The Grantor shall take reasonable steps to prevent third parties from interfering in any way with the Grantee's use of this easement. 7. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the access rights identified herein to any contractor,third party,or other assignee that will be performing work on the Easement Property which would otherwise be allowed for Grantee itself to undertake. Grantee shall take reasonable steps to ensure that the other party sufficient competence and gives adequate assurances that any wark 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. 8. 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 actual breach. However,Grantee may immediately remove any object or material which it believes materially interferes with the design of a storm water management facility within the Easement Property. 9. 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 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,administratars,successors,assigns,and legal representatives. 10. EXISTING EASEMENTS: The Grantor and Grantee are not aware of any recorded easements which relate to or affect the Easement Property. 11. 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 Agreement 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. 12. INVALIDITY: If any term or condition of this Agreement,or the application of this Agreement to any person ar 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. 13. 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 from,through this Agreement. 14. 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 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. 15. 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. 16. 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. 2 August 22, 2012 � FOR THE GRANTOR: Lester W.Laab Barbara L. Laab 1324 Bismarck Avenue Oshkosh,WI 54902 FOR THE GRANTEE: City of Oshkosh c/o Director of Public Works P.O.Box 1130 Oshkosh,WI 54903-1130 17. 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 affirms 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 befare any additional easement or use of this easement property is granted to third parties. SIGNATURE PAGES FOLLOW 3 August 22, 2012 � � , IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written. . LESTER W. LAABS ` ��1 Les r W.Laabs BARBARA L. LAABS ,��/�-��d � �� Barbara L. Laabs STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally came before me this �'�� day of t�"••�'��e�2012,the above named Lester W. Laabs and Barbara L. Laabs, to me known to be such persons who executed the fore g instrument and acknowledged the same,for the purpose herein contained. � Notary Public,Winnebago Coun ,Wisconsin ' My Commission expired: ' 7 O� CITY OF USHK�SH By: la--/� <� Nlar .::ohloff,City ag �� By: � �,� �1� � �� . Pamela R.Ubrig,City Clerk - � STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) ��, S Personally came before me this � r� day of /�`Y"C , 201�, the above named Mark A. Rohloff and Pamela R. Ubrig of the City of Oshkosh,to me known to be such persons who executed the foregoing instrument and acknowledged the same,for the purpose herein contained. � � 1 _ � ,f.fi�2'f�L i,-1��1,tiC� Notary Public,Winnebago County,Wisconsin My Commission expired: � �,�` � `� _ APP OVED AS TO ORM: . Lorenson, ty Attorney 4 August 22, 2012 , � CONSENT OF MORTGAGEE The undersigned,being the holder of a mortgage against the property identified and described as"Easement Propert}�'in this ` easement agreement,consent to the grant of the easement set forth above and agree that its interest in the Easement Property shall be subject to this easement. OSHKOSH COMMUNITY CR�DIT UNION (print name of mortgagee) By. � ��(� President (signature) � (title) Diane Schroeder President (print name) (print titlej STATE OF .N ) )ss. �\ � COUNTY ) �� Personall came before e this�day of 2012,the above named (signator)of ' (mortgagee), to me known to be such persons wh executed the foregoing instrumen and acknowledged t same,for the purpose herein contained. � ' _ � ,�,��\\\�\ellifiilpl/////////� , �.,., ��\N�. �T��i�� `�'�'Z:•' '•;ji �� Nota Public, l �County, �y� �rJ�,� �pTAqy•��51� My Commission expired: �—O\-�a0\�" �*'� -.e��- :7�C= — ► : � �'J►: pV B L�G ;g�: . �G��'••......••'Q�� UWIIwqW�,�� ._.� This instrument drafred by: Attorney David J.Praska Oshkosh,WI 54903-1130 5 August 22, 2012 �• . � �, � M M M M 15' �+ ,��7U,� .. 3 ..................... v • c / a� / � PROPOSED STORM � � 8EWER/DR/UNAGE � EASEMENT W � � O • N ti..� Q �:�: LOT 1 OF BLOCK �:�:: � � � SEVEN, THIRD '�, o ADDITION OF a � :: VANDERPOOLS � � � SUBDIVISION a M �.�:(NW Ya�SE�a SECTION,22,... • � T.'I S.N,R.16.E) � 1336 1324 1316 BISMARCK AVE N O N \ m � � 1339 1333 1325 1317 CITY OF OSHKOSH ENGINEERING DIVISION FILE N,�E: Du�wN: STORM SEWER / DRAINAGE EASEMENT 1324SISMARCKStormEasement �_31_zol2 1324 BISMARCK AVENUE I i GRAPHIC o 2o ao � SCALE: (IN FEET) 1 INCH-40 FEET Exhibit �