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Home My WebLink AboutWaukau Creek. LLCCITY 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 Please �nd: � Attached ❑ Copy of Letter � Agreement ❑ Meeting Notes ❑ Phatos ❑ Specifications ❑ Estimates ❑ Under Separate Cover ❑ Amendment ❑ Mylars ❑ Diskette ❑ Report ❑ Change Order ❑ Zip Disk ❑ Agenda ❑ Plans ❑ Other These are being transmitted as indicated below: ❑ For Approval � For Your Use Remarks: cc: City Clerk (original) Public Works, Engineering (copy) City Attorney (copy) ❑ As Requested ❑ For Review 8 Comment �� Easement Documen[ Number THIS INDENTURE, made this � day of 20I5, by WAUKAU CREEK, LLC, Grantor, and CITY OF SHKOSH, a mu corporation, located in Winnebago Counry, Wisconsin, Grantee, WITNESSETH: IN CONSIDERATION of the sum of Three Thousand Two Hundred and NO/100 Dollars ($3,200.00) and other good and valuable wnsideration paid by the Gran[ee, the receipt of which is hereby ack�owledged, the Grantor, its successors and assigns, does hereby �ive and grant unto the Gran[ee, its successors and assigns, and Grantee accepts, an easement over, under, and through the land hereinafter described. � ��li��i��!��i��l�i��i� 8 2 Z C 3 3 S Tx:4156811 1689289 REGISTER'S OFFLCE WINNEBAGO COUNTY, WI RECORDED ON D6/08/2015 12:37 PM 7ULIE PAGEL REGISTER OF DEEDS RECORDING FEE 30,00 PAGES: 4 Rehrn AdUress City Attorney's Office P.O. Box ll30 130 (;-�°� Q•� PURPOSE: The purpose and use by Grantee of the Easement 91314950000 Property described in [his document shall be for use by Grantee as parcel Ideuti�cation Vumber �pi�� part of its storm waier management system. The Graniee has acquired property adjoining the Easement Property's northern bo�ndary for the purpose of constructing a storm water detention basin. The Easement Property is necessary to allow the Grantee to install an appropriately sized, underground, siorm wa[er pipe with associated surface level manholes that will connect the storm water detention basin with the existing public storm water drainage system and will allow the proper functio�ing of [he overall storm water system. 2. PROPERTY: 'Ihe property subject to this easement granted herein shall be over, under, and through certain tracts of IAnd situa[ed in the Ciry of Oshkosh, Winneba�o County, Wisconsin, (`Easement Property"), identified in Exhibit A, and described as follows: � A par[ of Lot 287, First Addition to Westhave� Subdivision, 13`h Ward, City of Oshkosh, and more particulady described as the East 15 feet of Lot 287, First Addition to Westhaven Subdivisio�, 13`� Ward, Ciry of Oshkosh, Winnebago Counry, Wisconsin. Street Address: 1382/1388 Maricopa Drive ParcellD Number:91314950000 ACCESS RIGHTS: The Easement Property and Grantor's lar�er overall property is used for multifamily residential purposes. The Easement Property may currently contain vegetation including grass, shrubs, and trees, as well as asphalt and/or coucrete surfaces used for drive aisles, resident pazkin�, and dumpster storage. Grantee shall have the complete right to access and use the Easement Property for all purposes related to Grantee's storm water managemen' system. Grantor shall be allowed to continue existin� surfaces uses. The en[ire unobstructed Easement Property shall be made available to Grantee for routine or o[her maintenance or repairs upon 48 hours advanced notice. Gra�tee sha11 be allowed a fully unobstructed Easemen[ Property in emergency situations without prior notice. 4. USE FOR STORM WATER MANAGEMENT SYSTEM: The Grantee will use the easement for an underground storm sewer and associa[ed surface level manholes. Grantee shall have the right to fully use the Easement Proper[y for these purposes as part of its storm water management system. The Gran[ee 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: Grantor shall be responsible for normal and routine maintenance and repair of the surface of the Easement Properry. Grantee shall be responsible for maintaining all storm water drainage facilities on and within thi Easement Property, i�cluding the maintenance, repair, and replacement of all storm water facilities located over, under, and through the Easeme�t Property. The Grantee responsibilities include grading and seeding areas of vegetation, and a ading and repairing existing asphalUconcrete surfaces, repairs of erosion, and regrading when any April8, 2015 �� of these damages result from Grantee's use of the Easement Proper[y. The Grantee's maintenance of its storm water facilities shall be at its sole discretion. 6. INTERFERENCE WITH EASEMENT: Gran[or, their heirs, agents, or assi�ns, shall not interfere in any way wi[h [he Grantee's use of the easement, or install or construct any new structures or improvemenis, landscaping or otherwise, withi� the Easement Property. Existing uses of the Easement Property surface will continue to be allowed provided the access as described in this Agreement is made available. Existing trees, strubs, and other vegetatio� may be removed from the Easeme�t Property as necessary at the discre[ion of Grantee, but subject to compensation agreed upon by the parties. 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 unless otherwise approved in writing by [he Board of Public Works. Grantor shall promptly remove any objects, mate�ials, or structures which impede the Gran[ee's access and/or use of the Easement Property, or limits the capacity of the Grantee's storm water drainage system. If Grantor fails to remove these materials or objects, Grantee shall remove them at Gran[or's expense. The Grantor shall take reasonable steps to prevent [hird parties from interfering in any way with the Gran[ee's use of this easement. 7. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the access righ[s 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 retains sufficient compete�ce and gives adequate assurances that any work to be perfortned in or around the easeme�t 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 ei[her 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 par[y. 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 desia of a storm water management faciliTy within the Easement Property. 9. TERM: This easement is being granted in perpe[uity 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 represe�tatives. 10. EXISTING EASEMENTS: The Grantor and Grantee are not aware of any recorded easements which relate to or affec[ the Easement Proper[y. 11. WANER: No delay or omission by any party to this agreement in exercising any right or power arising ou[ 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. I2. INVALID[TY: If auy term or condition of this Agreement, or the application of this Agreement to any person or ciroumstance, shall be invalid or unenforceable, the remainder of this Agreement, or the applica[ion of the term or condition to persons or ciroumstances other than those to which it is held invalid or unenforceable, shall not be a£fected thereby, and each term and wnditio� shall be valid and enforceable to the fullest extent permitted by law. 13. NO THIRD PARTY BENEFICIARY: The [erms of this Agreement are for the be�efit of the two parties identified, and it is not the intention of either the Grantor or Gra�tee that other parties shall acquire any rights, to enfome or benefit from, through this Agreement. ]4. MiJNICIPAL LIAB[L[TY: Nothing in this Agreeme�t is intended as a waiver of the municipality's right or opportunity to rely upo� the municipal limitations and immunities contained within Wisconsin law. Municipal immu�ities and limitations include, bat are not limited tq Sections 345.05, 893.8Q and 893.83, Wisconsin Statutes. Such dama�e limits, caps and imm��ities are intended to be preserved and are incorporated into this agreement and shall govern all disputes, contractual or otherwise, as they apply to the municipaliry and its a�ents, officers, and employees. 2 April $ 2015 15. GOVERNING LAW: 7his Agreement shall be construed and enforced in accordance with the laws of the State of Wiswnsin. Venue for any action regarding [his Agreement shall be the Winneba�o County, Wisconsin, Circuit Court or, if a federal court action, then the appropria[e district and/or bra�ch within which Winnebago Cou�ty is located. 16. NOTICES: Any �otices required by this Easement shall be i� writing and delivered via certified mail, retum receipt requested, as follows. Cha�ges 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: Waukau Creek, LLC Attn:John B.King P.O. Box 27045 Overland Park, KS 66225-7045 FOR THE GRANTEE: City of Oshkosh c/o Director of Public Works P.O. Box 1130 Oshkosh, WI54903-1130 17. AUTHOR[TY: The Grantee affirms that all necessary boards and elected officials have approved the acceptance of this Easement, and that [he 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 undersig�ed assett and affirm that they have they have Che authority without ]imitation to enter inm this easement agreement on behalf of the Grantor. Grantee's written consent will be required before any additional easement or use of this easement proper[y is gran[ed to third parties. SIGIYATURE PAGES FOLLOW This instrument drafted by: Attorney David J. Praska Oshkosh, WI 54903-1130 April $ 201 � IN W ITNESS WHEREOF, said Grantor has hereun[o set their hand and seal the day a�d year first above written. wautcA c�EK, LLc � By: John . ing Mem er �il STATE OF �(e,c.SaS ) ) ss. T��..� s° n COUNTY ) Personally came before me this �_�_ day of�� ,2015, the above named John��King, to me known to be such person who executed the foregoing instrument and acknoWled d the same, for the purpose herein contained. �I - �l ota�'ry�bliq SY�te of" U _ MICHELLE PREST106E My Commission expires: ( Notsry Pu011c StW �ol K�M�� My Commitaion Fxpires l� 21 t l By: u— �? � Ma . Rohloff, Ciry�i tan ger By � � � � �� Pamela R. Ubri�, City Clerk STATE OF� W[SCONSIN ) ) ss. WINNEBAGOCOUNTY ) Personally came before me this � day of � Ci1'l,F , 2015, the above named Mark A. Rohloff a�d Pamela R. Ubrig of the Ciry of Oshkosh, to me known to be such persons who executed the foregoing instrument and acknowledeed the same, for the purpose herein contained. � �e'i � �� - �7 i� % Z�� _ Notary Public State o� Wisconsin My Commission expires: >Z —[,� `� � __ AP VED AS TO FOFL1 : '\ L Lorenson, Ciry A t mey �� 4 April8, 201.i