HomeMy WebLinkAboutJackson Square Apartments/1519591300 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: Jackson Square Apartments, L.P. Date: March 31, 2015
c/o Lutheran Social Services Pro�ect: N/A
647 W. Virginia St., Ste. 200 From: Carol Marchant, Admin. Assistant
Milwaukee, WI 53204 Re: Easement
Attn: Chief Program Officer
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 Storm Water Utilit 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)
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Document Numbcr pocument Title REGYSTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
; b3j19/2D15 9:05 AM
' aULIE �AGEL
, THIS INDENTURE,made this � � day of � ,2015, REGISTER OF DEEDS
by the CITY 4F OSHKOSH,a tnunicipal corporation,located in Winnebag
County, Wisconsin, Grantor, and JACKS�N SQUARE APARTMENTS RECORDING FEE 30.Q0
' L.P.,a Wisconsin Limited Pai-tnershig,Grantee, PAGES: 9
Recordin�Aren
, IN CONSIDERATION of the sum of One Doltar($1.00)and other good yRn�e and Return Address ���
and vah�able consideration paid by the Grantee,the receipt of which is City Attorney's Otrce
r.o.�oX i�so
hereby acknowledged,the Grantor, its successoc•s and assigns,does hereby Os1►tcos��,NI 54903-1130
, give and grant unto the Grantee, its successoc's and assigns, and Gc•antee
accepts,a temporary,non-eYClusive private storm water utility easement pI80203
under and tlirough the land hereinafter described. 915145913d0
Parcel Icientifecation Number (PIN}
1. PURPOSE; Tiie Easement Property described in this
document sliali be for storm water draivage purposes benefitting Grantee's parcel adjoining the
norther�i boundary of the Easement Property. Grantee's adjoining parcel is Parce(Number
9]S I 9591300, located in fhe City of Osl�kosh,Wimiebago County,and more particularly described
, in the aftached Exhibit A(Grantee's Property). Specifically,Grantee�vill be installing an
underground stoi-�n water pipe under tl�e Easement Property. The Easement Property is located on
and over a larger Grantor parcel,and moce particularly identified as Town of Oshkosh parcet
' number 0180203,and more particuiarly described in the attached Exhibit B(Grantor's Property).
Grantor's Property will be fuf�ther devaloped for public utilities, including public stoiYn water
' drainage faciiities such as a wet or dry basin,underground piping, inlets,and retated facitities. This
' Easement is being granted at this time to allow a more e�pedited development of Grantee's
Properiy. However,the Basement and Easement Property in its current form is temporary because
some or all of Granfee's facilities therein wilt need to be relocated�vl�en Grantor develops public
utilities on Grantoc's Property thi•ough its construction or installation of public storm water
managemez�t facilities. Grantor agrees to negotiate in good faith�vith Grantee to allow Grantee the
opportt�nity to relocate its private storm water drainage facilities. Relocation of Grantee's private
facilities s2iall be at Grantee's sole espense, Grantee's initial facilities as installed will be
connected to nearby,underground public storm water facilities. It is anticipated that a majority of
' Gt�antee's private facilities�vill�ieed to be reIocated to allow Grantee's installation of an apron end
wall and dischar�e into the antici�ated ptiblic storm water basin to be constructed by Grantor.
2. EASEMENT PROPERTY: The 20 foot wide stonn tivater utility easement granted herein stiall be
over,under,and through Gz�antor's Property sihiated in the Town of Oslikosh,Winnebago County,
Wisconsin, and more particularly described as follows(Easement Property):
Ease�rrent Property Legal description attached as E.rhrbit C
3. MAP: A Fnap reflecting the location of the Easement Property is attached as Exhibit D and fi�lly
incoiporated in this document.
4. ACCESS RIGHTS: Grantee,and any subsequent owner of Grantee's Property shall liave the right to
access and use the Easement Properly for Grantee's private storm water management system,subjeet to the
terms of this Easement and Grantor's fuhu•e consfruction of storm�vater drainage facilities. Grantee shalt
March 3, 201 S 1
� uotify Grantor no less tl�an five(5)business days prior to pe�•forming any�vork oii the Easement Pc•operty,
e.ccept in the case of emergency, in�vl�ich case Grantee�vii1 not be required to provide notice to Grantor
� prior to perfonning the required work, but�vill pcovide notice to the Grantor wifhin hvo business days of
any work being performed. Grantee,or any person or entity acting on its behalf,shall obtain a right-of-way
' permit before performing atty�vork on the Basement Property.
' S. USE FOR STORM WAT�R MANAGEMENT SYSTEM: Grantee shall have the non-exclusive right to
use tlie Easerr�ent Property as part of its private storm water management system. The Grantee is allo�ved to
install,maintain, repair,and replace a private stoem water drainage pipe underground in a manner that does
not damage,disriipt, interfere,or affect the surface use of the Easeinent Property. Tlie Grantee shall have
the right to access,szirvey, lay,construct,i�se,operate,maintain, repair,replace, relocate,and/or remove the
' underground storm wafer drainage facilities. Grantee shalt not store materials,supplies,equipment,or
; other items on Grantoi•'s Propariy. No materials fi�om Grantee's Property may be placed on Grautor's
Property. All backfil(materia(used on the Easement Property must be either purchased from a reputable
source oi•be from the Easement Property. Gi•antee's private facilities are subject to relocation at Grantee's
eYpense prior to or during such time as the Grantor begins constructing public storm�vater drainage
facilities or other utilities on tlie Grantor's Pc•operty, including the Easement Property,wliich will reqiiire
tlie relocation of Grantee's facilities. Grantor shall have the sole discretion to instal!any appropriate public
facilities on the Easement Pr�perty. Grantee shall be solety responsible for all costs reqtiired to relocate or
. otherwise incorporate its private facilities into Gc•antor's public storm water facilities. Grantor agrees to
timely t�egotiate in good faith a ne�v or amended easement based upon the relocation of Grantee's facilities.
Grantee agrees to release this Easen�ent in whole or in pait based upan its relocated facilities and upon
appropriate terms of a ne�v or aanended easement agreement.
6. MAINTENANCE: Grantee shall be responsible for maintaiuing its private storm�vater drainage facilities
incorporated i�xto the Easement Property, including the maintenance, repair,and replacement of atl storm
�vater faciiities located under and through the Easement Property. In the event that ttie surface of the
Easement Property is damaged during the initial instaliatian, damaged duriug subsequent maintenance or
repairs,or damaged from any event related to Grantee's storm water facilities,tlten the Grantee shall return
the surface to a level sucface and place top soil,seed,and erosion matting witliin five(5}days of dish�rbing
tl�e ground or, if the repairs cannot be reasonably made within the time specified,Grantee slia(l be
permitted to request an extension in writing to Grantor,which Grantor agrees to consider in good faith and
�vithin reasolzabie time. Gra�rtee must install all erosion control measures required by Grantor. Grantor is
responsibte for rotttine maintenance of the natural surface of the Easement Property.
7. INTERFEftENCE WITH EASEMENT: Grantor may use the Easement Property, or allo�v its use 6y other
parties, provided such use does not interfere�vith G�•antee's use of the Easement Froperty. Except for
emergency circumstances,the Grantor shalI notify Grantee before the Easentent Property is used for ne�v
purposes.
8. USE OF EASEMENT BY OTHERS: The Grantor agrees that tl�e Grantee�nay temporarily assign the
cor�struct'ron and maintenance rigl�ts identified l�erein to any contractor, third party,or other person.
Assignees must demonstrate to the Grantee that they have sufficient competence and must give adequate
assarances that any work to be performed in or around tlie easement shall be conducted in a skillful manner.
Assignees mzist also protect the Grantor's interest in tl�e easement premises ta the same e.ctent as if the
Grantee was itse(f performing the construction or maintenance.
9. DEFAULT: If either Grantor ar Grantee reasonabfy believes that the terms of this Easement have been
breaclled,then�vritten notification of the alleged breach sl�all be delivered to the other party. Any party in
breach shaf(have siYty(60)days to cure any achial breach or, if the breach cannot reasonably be cured
witt�in the b0-day period,take appropriate steps to materially comply�vith the�arty's obligation to cure.
Not�vithstanding the foregoing, in the case of any interference with the permitted use of the Easement
Property causing, or threatening to immediately cause the backing up of storin water or other drainage that
ti�reatens to cause harm to the Easement Property or Grantor's property,Grantor may take immediate action
Mar•ch 3, 2015 2
• to�ermit the fi�ee ffow of storm water or other drainage through the drainage pipe in the Easement Property.
, All costs and espenses incurred under sach emergency circumstances due to Grantee's negligence sl�all be
' reimb�irsed by Grantee to Grantor within sisty(60)days of receipt of a bill for the same.
' 10. TERM: This Easement in the locafion and form described in this Agreement is temporary, a�td is subject to
' alteration due to Grantoi's installatioti of public storm se�ver facilities on and around the Easement
Property. Atl rights,title and privileges herein granted, including benefits and burdens,shail run wittY the
land and shall be bindicag upon and inure to the benefit of the Grantor ai�d Grantee,their respective heirs,
' e:cecutors,adtninistrators,successors, assigns,and (egal representatives,with respect to the Easement
Property and Grantee's Property adjoining the Easement Property's north boundary.
; 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 shatl be construed as a�vaiver of the
right or po�ver. A waiver by a party of any of the obligations of the other pariy shall not be construed to be
' a�vaiver of any breach of any ott�er terms or conditions of this Agreement.
: 12. INVALIDITY: If any te�m or co�tdition of this Agreement,or the application of this Agreement to any
person or circumstance,shalt be invalid or unenfo�•ceable,the remainder of this Agreement,or the
application of the term or condition to pecsons or circumstances other than those to whicli it is heid invalid
' or unenforceaUle,shall not be affected thereby, and each term and cortdition shatl be valid and enforceable
to the fiillest eYtent permitted by law.
13, NO THIRD PARTY BENEFICIARY: The terms of this Agreement are for the benefit of the nvo parties
identified, and it is not the intenfion of either the Grantor or Grantee that other pat�ties shall acquire any
rights to enforce or benefit from through this Agreement.
14. MLTNICIPAL LIABILITY: Nothing in this Agreemer�t is intei;ded as a waiver of the anunicipality's rigEit
or opportunity to rely upon or use the municipal limitations and immunities contained within Wisconsin
law, Municipal itnmunities and limitatioi2s include, but are not titnited to, Sections 345.05, 893.80,and
893.83,Wisconsin Stahrtes. Such damage limits, caps and immunities are intended to be preserved and
' applied, and are incorporated into this agreement and shall govern all disputes regardless of tlie underlying
' theory for relief, whether contrachzal or otheewise, as they relate to the municipality and its agents,officers,
and employees.
; 15. FORCE MAJEURE: Neitller Grantor nor Grantee shall be in default under this Agreement if its failure to
perform is ca��sed by any of the follo�ving events: act of God; fire; flood;severe storm;po«er outages;
material shortages or unavailability or other delay i�i undertaking their responsibilities identified in this
Agreement that do not result from the parties failure to maintain their propeifiy or facitities. In orcier to
claim relief under this Section,the other party must be notified in writing of ti�e eYistence of tlie event
relied upon and the e:cpected cessation or tennination of that event. For the duration of any valid Force
Majeure event as defined by this Section,the affected party's performance shall be escused. However,the
affected pa►�ty is sti(I required to take appropriate means to minimize or remove the event causing Force
Majeure and, within the shoi�test possible time,attetnpt to resi�ine performance of the obligation affected by
the event of Force Majeure.
16. GOVERNING LAW: Tlfis Agreement shall be construed and enforced in accardance with the laws of the
State of Wisconsin. Venue for any action regarding this Agreement shall be tiie Winnebago County,
WISCOI151I1,Ciccuit Court or,if a federal court action,then the appropriate district a�td/or branch within
which Winnebago County is located.
17, NOTICES: Any notices reqt�ired by this Easement s1�at1 be in�vriting a�id delivered via certified mail,
reh�rn 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.
Nl�erch 3, .2015 3
. FOR THE GRANTOR:
City of Oshkosh
c/o Direcfor of Public Works
P.O.Bo:c 1130
Oshkosh,WI 54903-1130
FOR THE GRANTEE:
' Jackson SQuare Apa�tments, L.P.
: c/o Lutheran Social Seivices of Wisconsin
and Upper Micliigan,Inc.
Attn:Ctiief Program Officer
647 W.Virginia St., Ste. 200
' Milwaukee,WI 532Q4
18. AUTHORITY: The Grantor affrms tliat all necessary boards and eiected officials have approved the
acceptance of this Easement,ai�d that t(�e undersigned have fhe authority to sign tEiis agc•eement on belyalf of
the Granto�•. Grantee affinns that it lias tlie autliority�vitl2out limitation to enter into this easament
agreement. The undersigned assert and affnn that they have they have the authority witliout limitation to
enter into tliis easement agreement on behalf of the Grantor and Grantee.
' [SIGNATURE PAGE FOLLOWS]
This instrument drafted by:
Attorney David J.Praska
Oshkosl�,WI 54903-1130
March 3, 201 S 4
• IN WIT'NESS WHEREOF,said Grantor and Grantee have hereunto set tlieir hand and seal the day and year
�first above written.
JACKSON SQUARE APARTMENTS,L.P.
By: LSS Jackson Square,LLC, A Wisconsin Limited Liability Company,Its General Partner
By: Lutheran Social Services of Wisconsin
' and Uppe ichi Inc., t ember
' By: �
' , Ronald A. Hauser,Chief Program Officer
' STATE OF WISCONSIN ) .
. )ss.
MTLWAUKEE COUNTY )
Personal ly came before me this � Z day of ,20I 5,the above named Ronatd A,Hauser,to
me known to be such pec•son�vlio eYecuted the foregoing i sti�ument an ackno edged the same, for tlte purpose
herein contained. '
: Y�
, JOt1�P.Ye�ttZ Not ty P blic, Stat Wisconsin
Notary PubliC M Co nission :�e r�t�l Gc�tt�
State of Wisconsin
; CITY OF OSHKOSH
By: � gy: ���U�lL��� ���
Mar A.Rohlo�', City Manager Pamela R. Ubri�,City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO CDUNTY }
Personaily came before me this t�' day of ���4.,�tQ,�� ,2015,the above named Mark A.Ro!�laffand
Pamela R.Ubrig of the City of Oshkosh,to me kno�vn t e such ersons who executed tlie foreg�ing instru�nent and
acknowledged tl�e same, for tlie purpose herein contait��, � �
( ^..n�
�
Notary Public, S ate of Wisconsin .t
My Commission.�,�i�es: �7 ���°�!+./i��lt�i i
�� _
�ROV S T FORM: � )
. Q,�1L_�
n A. Lorenso ity Attorney
Ma,�ch 3, 201 S 5
' EXHIBIT A
' GRANTEE'S PROPERTY
PART OF THE SOUTH 1/2 OF THE N4RTH 1/2 OF THE SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND PART OF THE NORTH 1I2 OF
' THE SOUTH 1/2 OF THE SOUTH �/2 4F THE SOUTHWEST 1/4 OF THE
, NORTHWEST 1/4, ALL OF SECTION 12, TOWNSHiP 18 NORTH, RANGE 16 EAST,
, CITY OF OSHKOSH, WINNEGABO COUNTY, WISCONSfN, AND MORE
PARTICULARLY DESCRIBED AS FOLL�WS:
: COMMENCING AT THE WEST 1/4 CORNER OF SECTfON 12, TOWNSHIP 18
', NORTH, RANGE 16 EAST; THENCE N 01°13'05" W ALONG THE WEST I.INE OF
' THE NORTHWEST 1/4 OF SAID SECTlON 12, 165.25 FEET TO THE POINT OF
BEGfNNING; THENCE N 01°13'Q5" W ALONG THE WEST LINE OF THE
NORTHWEST 1/4 O� SAID SECTION 12, 164.96 FEET; THENCE N 89°07'31" E,
350.OQ FEET; THENCE N 01°13'05" W, 165.27 �EET; THENCE N 89°09'S2" E, 300.52
FEET; THENCE S 00°55'39" E, 330.28 FEET; THENCE S $9°�8'55" W, 648.85 FEET
TO THE POINT OF BEGINNING.
TAX KEY NO. 9 519591300
1332029_1
Exhibit �
� • TOWN OF OSNKOSH PARCEL: 0180203
' Lega1 Description
�,���,�D�SC�'"d'�OI�t ���J'�'�'1 P'A]E��E�.: •. _____.� —
' BEING PA RT OF THE SOU'ITTVVEST %�OF THE NORTHWEST'/4 OF SECTION l2,
TOVJNSI�P 18 NORTH, RANGE 16 EAST,TOWN OF OSHI�OSH,WTNNEBAGO COUNTY,
WISCONSIlrT,BOUNDED AND DESCRIBED AS FOLLOW S: COMMENCIIdG AT THE WEST
'/4 CORNER OF SECTION 12;THENCE S89°08'fl3"W,40A0 FEET.ALONG TI�SOUTH LINE
' OF THE NORTHWEST '/4 OF SECTION 12 TO A FOINT ON THE EAST RIGHT OF WAY
' LINE OF JACICSON STREET(S.T.H."76")AND THE POIN'T OF BEGINNING;THENCE
NO1°11'04"W, 1b5.28 FEET A.LONG SAID EAST RIGHT OF WAY LINE TO THE SOUTH
LINE OF LANDS DESCRIB�D IN DOCUMENT NUMBER 1015453;THENCE N89°08'S0"E,
i235.98 FEET ALONG SA.ID SOUTH L1NE AND ITS EASTERLY EXTENSTON TO THE
WEST RTGHT OF WA'Y�.INE OF MAIN STREET;THENCE S00°55'46"E, 165.�0 FEET
ALONG S.AID WEST RIGHT�F VJAY LINE TO THE SOUTH LINE OF Tf3E NORTHWEST '/4
OF SECTION 12;THENCE S89°08'03"W, 1235.24 FEET ALONG SAID SOUTH LINE TO THE
EAST RIGHT OF WAY LINE 4F JACKSON STREET(S.T.H."76"}AND THE PDINT OF
BEGINNING. SAID 1'ARCEL GONTAINS 204,047 SQUARE FEET(4.b843 ACRES)OF LAND
MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
hibit �
�x �
EASEMENT DESCRIPTION FOR PARCEL NUMBER 15-1959-I300
A PARCEL�F LAND IOCATED IN THE SOUTHWEST'/<OF THE NORTHWEST'/a OF SECTIOld 12,TOWNSHIP
18 NORTH, RANGE 16 EAST, FIFTEEN7H WARD,CITYOF OSHKOSH,WINNE8AG0 COUNTY, WISCONSIN,
BOUNDED ANI3 DESCRIBED AS FOLLOWS:
BEGlNNING ATTM E WEST'/<CORNER OF SAID S�CTION 12,TOWNSHIP 18 NORTN, RANGE 1b EA57;
' THENCE NORTH 89°08'07" EAST, 100.00 FEET ALONG TWE SOUTH LINE OF THE NORTNWEST'/,OF SAID
SECTION 12,TO THE POINT OF BEGINNING;THENCE NORTH 01°13'04"WEST, 165.24 FEET TO A POINT
ON THE NOR7H LINE OF LANDS DESCRIBED 11V DOCUMENT NUMBER 1323593,WINNEBAGO COUNTY
' REGISTER OF DEEDS;THENCE N�RTN 89°08'S5" EAST,20.00 FEET ALONG SAID NORTH LINE;THENCE
SOUTH 01°33'04" EAST, 165.23 FEETTO A POINT ON THE SOUTH LINE OF THE NORTHWEST'/e OF SAID
SECTION 12;THENCE SOUTH 89°08'07 WEST, 20,00 FEE7 ALONG SAID SOUTM IINE TO 7HE POWT OF
BEGINNING. SAID AREA CONTAINS 3,305 SQUARE FEET OR 0.0759 ACRES. MORE OR LESS.
° � �
E�h r bit �
� EA,SEMENT EXHIBiT
, Nw coRNEa LOCATED [N THE SOUTHWE57 1/4 OF THE NORTH�YFST U4
SEC.l2-l8-1b OF SECi'ION 12,TOWNSHIP 18 NOATH,RANGE[6 EAST,
! CITY OF OSHKOSH, WI�INEBAGO COUNTY,�YI5CONSIN.
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� ALt1,�t1�it1�11 ASOiV.�OUtYD I �� L�,
� CVMPUTEq EASEbiENT CORNL•Et i� ��, " "•.• '' ���
�i,�� 8UC�4�`��
Civi1 Engirteering THI51N5PRU�S�NT tiYAS DE�IE'TED BY DONALD DUZA
lcnd Surveying ATYD DRAIYN DY IIONALD BUZA
landscape Archlfecture
Donuld J,BUio,RlS I12338 �ixLD f300K PACB •-
5�o9vtnuyoMe,s�tieo �. SHEET � O� � SHEETS
slevensPOnt.�+ns�ee� JOQp L4.Q39
'Polnl �9e lnnin 715.3�1.9999�Ph)713.9f�.9?21�iv�
Exhiblt �