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Home My WebLink AboutWalker/1331990000 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: Paul & Kristin Walker Date: March 26, 2015 2855 Fox Tail Lane Pro'ect: N/A Oshkosh, WI 54904 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 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) � '' � l � III�II�HIII''I'.�II��I IIIII ' u � ��. �� .� `� 5 � Easement 'F::��''r`�'� �� DocumentNumber pocumentTitle ��I��-�� WINiVEBAGt7 COU6VTY, WI �b�,�- ,Zol�, ��o��D a� THIS INDENTURE,made this 3c�y�day of �C- 03/�3 jZ�i� 9:0� AM by PAUL R. WALKER and KRISTIN K. WALKER, collectively, Grantor, an CITY OF OSHKOSH,a municipal corporation,located in Winnebago 7ULIE PAGEL County,Wisconsin,Grantee, REGTSTER OF DEE�S WITNESSETH: RECt7RDING FEE 3fl.{�0 IN CONSIDERATION of the sum of One Dollar($1.00)and other good PAGES: 6 Recordin Area and valuable consideration paid by the Grantee,the receipt of which is hereby Name ana Return Address acknowledged,the Grantor,its successors and assigns,does hereby give and grant unto the Grantee,its successors and assigns,and Grantee accepts,an easement over, City Attorney's Office��p�j( j��d under,and through the land hereinafter described. Oshkosh,WI 54903-1130 1. PURPOSE: The purpose and use by Grantee of the Easement 91331990000 Property described in this document shall be for use by Grantee as parcel Identification Number (PIN) part of its storm water management system. Specificaily,Grantee will install an underground storm water pipe and may install a storm water catch basin or related facilities on and under the Easement Property. 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")and described as follows: East Seven and One-Half(7.5)feet of Lot Eighty(80)in SECOND ADDITION TO FOX CHASE,in the Thirteenth Ward,City of Oshkosb,Winnebago County,Wisconsin. Street Address: 2855 Fox Tail Lane,Oshkosh,Wisconsin 3. MAP: A map reflecting the location of the Easement Property is attached as Exhibit A and fully incorporated in this document. 4. ACCESS RIGHTS: Grantee shali have the complete right to access and use the Easement Property for Grantee's storm water management system. 5. USE FOR STORM WATER MANAGEMENT SYSTEM: Grantee shall have the right to fully use the Easement Property as part of its storm water management system. The Grantee intends to place an underground storm water pipe along with a storm water catch basin and ancillary facilities within the Easement Property. The specific storm water facilities within the Easement Property may change as the needs of the Grantee's storm water management system change. 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. 6. MAINTENANCE: a. Grantee shall be responsible for maintaining its storm water drainage facilities incorporated into the Easement Property,including the maintenance,repair,and replacement of all storm water facilities located over,under, and through the Easement Property. The Grantee shall,after the initial construction of the storm water management facilities,grade and seed the balance of the Easement Property that has been damaged by Grantee. After the uutial construction of the storm water drainage facilities and the initial grading and seeding,Grantee shall be responsible for repairing the surface of the Easement Properiy which is damaged by Grantee's use of th Easement Property,or after Grantee's subsequent repair and/or maintenance of its facilities. Grantee shail be responsible for removing biockages within the underground storm water pipe after being notified of such circumstance. eptember 11, 2012 1 l� .� . � b. Grantor shall be responsible for all ongoing maintenance and repairs of the Easement Property which are not - caused by Grantee's storm water drainage facilities including,but not limited to,snow and ice removal,lawn mowing and vegetation maintenance. Grantor shall be responsible for keeping the surface of the Easement Property clear of debris. Grantor shall be responsible for keeping the storm sewer inlet grate free from debris and snow. Grantor shall notify Grantee and receive Grantee's approval prior to removing any top or subsoil on the Easement Property. 7. INTERFERENCE WITH EASEMENT: Grantor shall be prohibited from constructing or installing new structures or improvements in the Easement Property which include,but are not limited to,temporary or permanent building structures,driveway expansions,parking areas,trees,substantial landscaping,or fences. Grantor may add to,or change,vegetation in the Easement Property with written permission from the City Board of Public Works,and such pernussion shall not be unreasonably withheld. Grantor shall be responsible for the costs of removing and replacing any improvement that interferes with the Grantee's maintenance,repair,replacement,or use of the Easement Property. Grantor shall be responsible for the costs of removing unauthorized interferences with the Easement Property. 8. 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 person. Assignees must demonstrate to the Grantee that they have sufficient competence and must give adequate assurances that any work to be performed in or around the easement shall be conducted in a skillful manner. Assignees must also protect the Grantor's interest in the easement premises to the same extent as if the Grantee was itself performing the construction or maintenance. 9. DEFAiJLT: 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 sixty(60)days to cure any actual breach. However,Grantee may,without notice or waiting period,remove any object or material which it believes materially interferes with the design of a storm water management facility within the Easement Property. 10. 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. Ail 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. � 11. EXISTING EASEMENTS: One or more recorded easements may exist which relate to or affect the Easement Property. This easement is subject to all existing easements and restrictions of record up to and including the date any such easements aze released through a document recorded with the Winnebago County Register of Deeds. 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 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. 13. INVALIDITY: If any term or condition of this Agreement,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 pernutted 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 acquire any rights to enforce or benefit from or through this Agreement. 15. MLJNICIPAL 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,or to exclude their application to disputes related to this Agreement. Municipal ixxununities 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 govem all disputes,contractual or otherwise,as they apply to the municipality and its agents,officers,and employees. September 11, 2012 2 i 6.' GOVERI�IING 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,retum 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 pariy informed of issues or questions regarding the Easement Property. FOR THE GRANTOR: Paul R.Walker Kristin K.Walker 2855 Fox Tail Lane Oshkosh,WI 54904 FOR THE GRANTEE: City of Oshkosh c/o Director of Public Works P.O.Box 1130 Oshkosh,WI 54903-1130 18. ALTTHORITY: 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 before any additional easement or use of this easement property by third parties is granted. SIGNATURE PAGES FOLLOW September 11, 2012 3 ' IN WITNESS WHEREOF,said Grantor has hereunto set their hand and seal the day and year first above written. � ...� , �_ ,�� ----�_... PA R.WALKER . . KRISTIN K AL R STATE OF WISCONSIN ) )ss. WINNEBAGO COUNI'Y ) Personally came before me this�day of (,' �-'` ,2012,the above named Paul R.Walker,t�i me kn�wn to be such person who executed the foregoing insmunent knowled e e r ,Fpurpose herein contained. `� �.�- No Pu i ,Winnebago Cou ,, ' c ns' My Co ion expires: STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally came before me this�day of 2012,the above named Kristin K.Walker,to me l�own to be such person who executed the foregoing instrument an owle g s ,f the purpose herein contained. Notary P ic,Winnebago Co n ,,Wis o�ns� My Co 'on expires: CITY OF OSHKOSH By: a--- � 1VIar �.Rohloff,Ciry Man� er ' �, 1 ,\ , _ By: � ;� Pamela R.Ubrig,City Cler STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally came before me this__��day of C�(`C'L1 2012,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. � � � ✓��2 � � /�C' Notary Public, inne ago County,Wisconsin My Commission expires: � ( �- I `� AP OVED S T ORM: 'L� . Lorenso , Attorney September 11, 2012 4 SEr'-28-2012 01:58P FROM:SURFACE M�UNT TECH 9209548325 T0: 16097181751 P.3�4 J' . ' CONSENT OF MORTGAGEE • The undersi�ned,being tiie holder of a mortgage against the property identified And described as"Easement Property"in this easement agreement,consent to the grnnt of the easement set forth above and Agree that its interest in the F..ASement Property shal! be subject to this easement , REAL ESTATE MORTGAGE NETWORK (print name of mortgn$ee) By: �/' / ��c" ✓— (si re) (Citle) MARK KELBAUGH, AS T. SECT & VICE PRES. (print nAme) (print titte) NEW JERSEY STATE OF� ) MERCER )Gg• ��CDUN1'Y � ��,,-� .. Personally came before me this dny of Nov 20l 2,the above named____Mark Ke],�augN .. (sisnator)of Real Es tate M�age Ne wo�'rk��(mortg gee),to me own to be such persqtis whg uzecute�3 the foregoing instrument and acknowledged the same,f the purp ;e rei cont ' d. � i�: � .j� / ��s%��li��' �� . otary ub c,��l2 ��4�?� ' . My Co ' sion expired: _ . NAIUi.:r ,., . NOTARY LIC(�F iVE1/U JENSEY NANCY KAMNIK-HOILERAN My CO asion Expires March 23,2016 NOTARY PUBLIC OF NEW JERSEY My Commission Expires March 23,2016 'R�is insuume�il drnRed by: Attorncy Devid S.Pretskn Osltkosh,WI 54903-I13Q MERS ��100288210000786513 RENIN 4�0037368305 Walker September 11, 2012 5 � 2850 285d 2840 FO� �� '" ppOPOQED STOHN � . � 6EWL'R/DRAINAG! rn . EASENIHHT . 3 v ..j c m 7.S E � ..................................�---�•---......------...---......... W � ° 2855 2�� . 5 �o ,oo� o LOT 80 `` OP 2N0 ADDITION �' � TO FOX CHASE N SUBDlVISION � (Nf Ya 8�SE Ya SECTION,Z9,T.'lB.N,R.18.� W z - - a w �a � N r O N r\ \ Of � ' n . � CITY OF OSHKOSH ENGIiVEERING DIVISION FILE NAME: Dr.�wiv: STORM SEWER / I7RAINAGE EASEMENT �easFOxrn¢.amm,e+,��e� 4-��0�� 2855 FOX TAIL LANE I j GRAPHIC . o . 2o ao � SCALE: (IN FEE'f� t t~4o-�� ' EX�liblt