The URL can be used to link to this page

Home My WebLink AboutKoechell/1332220000 CITY OF OSHKOSH LEGALDEPARTMENT 215 CHURCH AVENIJE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5115 FAX(920) 236-5106 LETTER OF TRANSMITTAL To: Douglas J. Koecheli Date: March 26, 2015 2835 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 Quantity Descri tion 1 Cop of Recorded Easement These are being transmitted as indicated below: ❑ For Approval � For Your Use ❑ As Requested ❑ For Review� Comment Remarks: cc: City Clerk (original) Public Works, Engineering (copy) City Attorney (copy) - if�i iii�ii�i ii i ii i i �ii t � 2 � 5 � � � � ' � Easement '":�1�v"'v` �.��3�� Document Number pocument Title REG�STER'� C}�FI(:E WIi�tNEE�A€�U COLiNl'Y, WI FtECQRDE� {D4V THIS INDENTURE,made this�day of �rjv,�� ,2012, 03 j 23/2015 J:�2 AM by DOUGLAS J. KOECHELL, Grantor, and CITY OF OSHKOSH, a municipa corporation,located in Winnebago afILIE P�1G�L County,Wisconsin,Grantee, R�6T5TER OF DEEDS WITNESSETH: RECCDRDING FEE 30.t10 IN CONSIDERATION of the sum of One Dollar($1.00)and other good �AGES: � Recordin Area and valuable consideration paid by the Grantee,the receipt of which is hereby Name and 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 Of�ce� f�Q BpX I I30' under,and through the land hereinafter described. Oshkosh,WI 54903-1130 i, pt,rRppcF; �r'he pu�osP ar_d��sP by Grar_tee of th.e Easement 91332220000 Property described in this document shall be for use by Grantee as part of its storm water management system. Specifically,Grantee parcel Identification Number (P11v) 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: West Seven and One-Half(7.5)feet of Lot One Hundred Three(103)in THIRD ADDITION TO FOX CHASE,in the Thirteenth Ward,City of Oshkosh,Winnebago County,Wisconsin. Street Address: 2835 Fox Tail Lane,Oshkosh,Wisconsin 3. MAP: A map reflecting the location of the Easement Property is attached as Exhibit A and fully incorparated in this document. 4. ACCESS RIGHTS: Grantee shall 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 PrO�,+aTtv?S Y3?'t Cf 1tS StQ?':ri�'V�te:TT13.^.1ae:l:eril Sy3teT'_:. T�iP ,�7r3ritPe l:lte?:C1S t0��2Ce aTl�::�?erbro,and etnl'n?�yatPr 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 stortn water management facilities,grade and seed the balance of the Easement Property that has been damaged by Grantee. After the initial construction of the storm water drainage facilities and the initial grading and seeding,Grantee shall be responsible for repairing the surface of the Easement Property which is damaged by Grantee's use of th Easement Property,or after Grantee's subsequent repair and/or maintenance of its facilities. Grantee shall be responsible for removing blockages within the underground storm water pipe after being notified of such circumstance. eptember 11, 2012 1 11� . - 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 permission 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 G,zntee thzt t:�,ey 1:ave snff cient competence and mns±gi�>e adequate ass�.:rances that ar.y�=.�ork 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. 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 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. 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. 11. EXISTING EASEMENTS: One or mare 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 are 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 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 acquire any rights to enforce or benefit from or through this Agreement. 15. MLTNICIPAL 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 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. September 11, 2012 2 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: Douglas J.Koechell 2835 Fox Tail Lane Oshkosh,WI 54904 FOR THE GRANTEE: City of Oshkosh c/o Director of Public Works F.O.Box 1 i30 Oshkosh,WI 54903-1130 1 S. 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 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. �Ntttllt►1/ry�� DOUGL S J� ECH LL t� ;,��0�.�-R BR�N�i,��, :��'�' p'�Y : = � ,,.� ?= = G �= STATE OF WISCONSIN ) � �'8�� >ss. %,,,',y� \yG,•`� WINNEBAGO COUNTY ) �ii�H�a'pF„d'�� Personally came before me this�day of w•htZ ,2012,the above named Douglas J.Koechell,to me known to be such person who executed the foregoing inst d a edged the same,for the purpose herein contained. f Notary Public,Winnebago Cou ty,Wisconsin My Commission expires: �U ot0(� CITY OF OSHKOSH BY� /L� �� _ �Mar c A.Rohloff,Ci�y Manag � By: -- ,�'� � � � � �� Pamela R.Ubrig,City Cler " STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) S Personally came before me this�day of Ct �� , 201�, the above named Mark A. Rohloff and Pamela R. Ubrig of the City of Oshkosh,to me known to be such p rsons who executed the foregoing instrument and acknowledged the same,for the purpose herein contained. � ` ' C� �-��i- Notary Publi ,Wi ebago County,Wisconsin My Commission expires: � - /� " � � __ AP OVED AS TO RM: ynn . Lorenson, ' y ttorney September 11, 2012 4 • ' , 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. �� (print name of mortga e) � / / �r By: �v (signature) (title) �U=��l f��r� � �r��es� CU��r�l..� (print name) (print title) �0� STATE OF WISCONSIN ) )ss. �lrC.. COUNTY ) Personally came before m this �r�� day of QG7U__ '�i+� ,2012,the above named W� 1I�.a.rnS �hQr_� (signator)of �-f� i'1 IL ,�$'[� (mortgagee),to me known to be such persons who executed the foregoing instrument and acknowledged the same,for the purpose herein contained. G��,�7��—�� t�'\ Notary Public,V��County,Wisconsin My Commission expired: /?��f� .��`�,��tK�►T�1 s+� `��A .�.,,,.... ..,,�/�r� � �� N��Ry'•: �u�� ••• This instrument drafred by: o��ti °'�L�Cj �• Attorney David J.Praska �si��y.,. � ,�''�� Oshkosh,WI 54903-1130 �/�OjC�'";��O�'�� ♦ �r''��t�l,�te�G�� September 11, 2012 5 .' 2aso 2a4o 2esa PRO►OSED STORM FOX TAIL LN EEWERlDRA1NAGE # EASBMEHT � �r% � � 7.5' d � ............................................................. W E � v► 2855 2835 5 � ,oa• .o � o LOT 103 ; OF 3RD ADDITION o TO FOX CHASE (1i N SUBDIVISION Q (NE�/4 8 SE�/�SECTION�29�T.'SB.N,R.�B.E} y� W a t� a F � � `° x N O N \ n � of � m ' CITY OF OSHKOSH ! ENGINEERING Dri/TSTON FILE rrAME: D�WN: STORM SEWER / DRAINAGE EASEMENT � 283s PDX TA[L 5tocm Eascmrnt 9.<-ao�� 2 8 3 5 FOX TAIL LANE j GRAPHIC o 2o ao � SCALE:{IN FEET'J �--� I INCH=40 FEBT �xhibit