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Home My WebLink About1390 Maricopa Dr/601 Oregon St BCITY 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: 1390 Maricopa Drive, LLC 601 Oregon Street, Ste. B Oshkosh, WI 54902 Attn: Dennis Schwab Please find: � Attached ❑ Copy of Letter � Agreement ❑ Meeting Notes ❑ Photos ❑ Specifications ❑ Estimates Date: June 11, 2015 Pro ect: N/A From: Carol Marchant, Admin. Assistant Re: Easement ❑ Under Separate Cover ❑ Amendment ❑ Report ❑ Agenda ❑ Mylars ❑ Change Order ❑ Plans ❑ Diskette ❑ Zip Disk ❑ Other Quantit Description 1 Cop of Recorded Easement at 1390/1394 Maricopa Drive 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) � Easement Titlt THIS INDENTURE, made this ZL'"�day of�, 2015, by 1390 MARICOPA DRIVE, LLC, Grantor, and CIT OF OSHKOSH, municipal corporation, located in Winnebago Counry, Wisconsin, Grantee, WITNESSETH: (N CONSIDERATION of the sum of Four Thousand Nine Hundred Fifty and NO/100 Doilars ($4,950.00) and other good and valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor, i1s successars and assigns, does hereby give and grant unro the Grantee, its successors and assigns, and Grantee accepts, an easement over, under, and tivough the land hereinafter described. 2. I I III II!�III�II Ii l IIIII g 2 2 0 3 3 9 Tx:4156811 1689290 REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 06/OS/2015 12:37 PM ]ULIE PAGEL REGISTER OF DEEDS RECORDING FEE 30.00 PAGES: 7 City Attorney's Oftce P.O. Boz 1130 Oshkosh.�VI5S903-ll PURPOSE: The purpose and use by Grantee of the Easement 91314920000 Property described in this dowment shal] be for use by Grantee as Parrel TdendOca�fon Numbrr (r� part of its storn� water management sysfem. The Gran[ee has ncquired property adjoinuig the Easement Property's northem boundary for the pmpose of constructing a stonn water detention basia The Easement Property is necessary to allow the Grantee to install an appropriately sized, underground, storm water pipe with associated surface level maiilioles thnt will conncct the stonn �vater detention basin with ihe existing public stonn water drainage system and will allow the proper functioning of the overall srorm water system. PROPERTY: The property subjecl to this easement granted herein shall be over, under, a�id through certAin tracts of Innd situated in the Ciry of Oshkosh, Winnebago County, Wisconsin, ('Easement Properry"), identified in E.chibit A, and described as follows: A Pan of Tract l, Certified Survey Map No. 129, l3`� Ward, City of Oshkosh, and more particularly described as the West 25 feet of Tract I of Certified Survey Map tJO. t29, l3ih Ward, City of Oshkosh, W innebago County, Wisconsin. Street Address: 1390/1394 Maricopa Drive ParcellD Number:91314920000 � °'"�— ACCESS RIGHTS: The Easement Property and Grantor's larger overall property is used for multifamily residential purposes. The Easement Property muy curtently contain vegetation including grass, shrabs, and trees, as well as asphalt aad/or concrete surfaces used for drive aisles, resident parking, and dumpster storage. Graatee shall have the complele right to access and use the Easement Property for all purposes related to Grantee's stoan water managemen system. Grantor shall be allowed to continue existing surfaces uses, provided Grantor ensures ihat at all t'unes there exists a minimum unobstructed width of bvelve (12) feet throughoat the easement area mi pavement that will ahvays aliow Grantee's vehicles and equipment to access the fi�ll length of the Easement Property. The ertire unobstructed Easement Property shall be made availPb(e to Grantee for routine or otiier maintenance or repairs upon 48 hours advanced notice. Grantee shall be allowed a fully unobstructed Easement Property in emergency situations without prior notice. 4. USE FOR STORM WATER MANAGEMENT SYSTEM: The Grantee will use tlie easement for an underground storm sewer and associated surface level manholes. Grantee shalt have the right to fully use the Easement Property for these purposes as part of its stonn water management system. The Grantee shall have the right ro access, survey, lay, conshttet, use, opera[e, mAintain, repair, replace, relocate, and/or remove storm weter sewers and/or storm warer drainage facilities. May 5, 2015 � 5. MAINTENANCE: Grantor shall be responsible for nomial and routine maintenance and repair of the surface of the Easement Properry. Granree shall be responsible fonnaintaining all s[orm water drainage facilities on and within the Easement Property, including tlie maintenance, repair, and replacement of all srorm water facilities located over, under, and through the Easement Property. The Grantee responsibilities include grading and seeding areas of vegetation, and grading and repairing existing asphalticoncrete surfaces, repairs of erosion, and regrading when any of these damages result from Grantee's use of the Easement Property. Granree will instalf a concrete pad at lhe nortli end of the Easement for Grantor's dumpster pad, but after 'vismllation the Grantee will have no ongoing maintenance obligations except for damage caused by Granree's use of the Easement, The Grantee's maintenance of its storm water facilities sliall be at its sole discretion. 6. 1N"fERFERENCE WITH EASEMENT: Grantor, their Iteirs, flgents, or assigns, shall not interfere in any wny with the Grantee's use of the easement, or install or construct any new structures or improvements, landscaping or othenvise, within the Easement Property. Esisting uses of the Easement Property surface will continue to be allo�ved provided the access as described in this Agreement is made available. Trees, shrubs, and other vegetation may be removed from the Easement Property as necessary, at the sole discretion of Grantee, without further compensation. Grantor shall not place, pile, or move snow or ice on the Easement Property. Prohibited new strucmres or improvements Liclude, but are not limited to, temporary or pennanent building structures, parku�g areas, sheds, change in elevations, vegetation except grass, landscaping or fences unless othenvise approved in writing by the Board of Public Works. Grantor shall promptly remove any objects, materials, or structures which impede the Grantee's access and/or use of the Easement Properly, or limits the capacity of the Grantee's srom� water drainage system. If Grflntor fails to remove these materials or objects, Grantee shall remove the+n at Granror's expense. The Grantor shall take reasonabte steps to prevent third parties &om interfering in any way with the Grantee's use of this easement. USE OF EASEMENT BY OTHERS: The Grantor agrees that tlie Grantee may temporariEy assign the access rights identified hereL� to any contracior, ti�ird pnrty, or other assignee that tivill be performing �vork on the Easement Property �vhich would othernise be nllowed for Grantee itself to undertake. Grantee shall tlke reasonable steps to ensure that the other puty retains sufficient competence and gives adequate assurances that any ivork to be performed in or around the easement shall be conducted in a skillful manner, and that the Grnnror's interest in the easement premises shal! be protected to the sume extent as if the Grantee was itself performing Nie construction and maintenance. 8. DEFA[ILT: If either Graotor or C,rantee reasonably believes that the terms of this Easement h�ve 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 nnmediately remove any object or material �vhich it believes materially interferes with the design of a storm water management Cacility within tlte Easement Property. 9. TERM: ?his easement is being granted in perpeh�iry for public purposes and uses, both cuaent and fiimre, 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 sha(] be binding upon and inure [o the benefit of the Grantor and Grantee, their respective heirs, executors, adminishators, 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. 1 L WAIVER: No delay or omission by any party to this agreemen[ in exercisu�g any right or po�ver arising out of any default under any of the terms or wndi[ions of this Agreemenf 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 coostmed to be a waiver of arty breach of any other terms or conditions of this Agreement. l2. 1NVALIDITY: If any term or condition of this Agreement, or the application of tUis Agreemen[ ro any person or cu•cumstance, shatl be invalid or unenforceable, the remainder of this Agreement, or the application of the term or condition ro persons or circumstances other than those to �vhich it is held invalid or unenforceable, shall not be affected thereby, and eacfi term and condition shall be valid and enforceable to the fullest extent permitted by lnw. 13. NO THIRD PARTY B6NEFICIARY: The tenns of this Agreement are for the benefit of the hvo pnrties identified, and it is not the intention of either the Grantor or Graatee that other parties shall acquire any rights, to enforce or benefit frotn, through this Agreement. May 5, Z015 1A. MUNICIPAL I,IABIL[TY: Nothing in this Agreement is uitended as a waiver of the municipnlity's right or opportunity to rely upon the municipal limitations and immunities contained within Wiswnsin law. Municipal immunities and limitations include, but nre not limited to, Sections 345.05, 893.80, and 893.83, Wisconsin Statutes. Such damage limits, caps and inmiwiities are intended to be preserved and are incorporared into this agreement and shall govern all disputes, contrac[ual or othenvise, as they apply to the municipatity and its agents, ofTicers, and employees. l5. GOVERNING LAW: This Agreement shall be construed and enforced in accordance wiih the laws oFthe State of Wisconsin. Venue for any action regarding this Agreement shall be the Winnebago County, Wisconsin, Circuit Court or, if a federel court action, then the appropriate district and/or branch within which Winnebago County is located. l6. NOTICES: Any notices required by this Easement shall be in writing and delivered via certified mail, return receipt requested, as follows. Changes ro these addresses shall be in writing. In addition �o formal notification, both parties agree to take reasonable measures to keep the other party infonned oF issues or questions regard'u�g the Easement Property. FOR TE� GRANTOR: 1390 Maricopa Drive, LLC Attn: De�mis Schwab 60 L Oregon Street, Ste. B Oshkosh, WI54902 FOR THE GRANTEE: City of Oslilcosh do Director of Public Works P.O. Bor 1130 Oshkosh, WI54903-1130 17. AUTHORITY: The Grflntee affirms tha[ all necessary boards and elected oflicials have approved the acceptance of this Easement, and Ihat the undersigned have the authority ro sign this agreement on behalf of the Grnntee. Grantor affirms thnt it has the autlioriry without limitation to enter into this easeroent agreement. The undersigned assert end affirni that they l�ave they have the auHiority without (imi[ation to enter inro this easement agreement on behalf of the Grantoc Grnntee's written consent will be required before any additional easement or use of this easeinent property is granted to third parties. SIGNATURF, PAG�S FOLLOW This instrument drafted by: Attorney David J. Praska Oshkosh, WI 54903-1130 May 5, 201 S IN W ITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written. 1390 MA1 OPA DRIVE, LLC By: ' � -T'�----�� Dennis E. Schwab, Member STATE OF WISCONSIN ) ) ss. W[NNEBACO COUNTY ) Personally came before me this � a� day of a' , 2015, Nie above nemed Dennis E. Schwab, to me kno�m to be sucli person who executed the foregoing instrument an o� e�ed t g same, fo the purpose herein wntained. �C� ,i Nota Public, State of Wisc sin Gynn A. Clouq �1 My Commission expires: %/ - / / - / '% V CITY OF OSHKOSH ay: � c A. RohlofF City an er � gy: — ! � Pamela R. Ubrig, City Clerk STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) t � Personal ly came before me this �� day of ._.t fi i9�' , 2015, the above named Mark A. Rohloff and Pamela R. Ubrig of the City of Oshkosh, to me known to be such persons who execut d the foregoing instrument and acknowledged tlie same, for the purpose herein contained. � ' i / �I ii1"i �1�, - -(i�2fi^.K, Notary Pu�f Wisconsin My Commission expires: �'-/�- / % AP VED A O FO . i �� . Lorenson, ity amey ��lay S, 201 S CONSENT OF MORTGAGEE The undersigned, being the holder of a mortgage againstthe property identified and described as"EasementProperty" in this easement agreement, consent to the grant ofthe enseme�t set forth above and agree that its interest in the Easement Property shall be subject to this easement. ��;za,s�r',rs�-C�r�r��F-l��i�on N�klp '7 (print name of mortgagee) '��,Li Acrer�'i r v n' On BY' �. . - `. — — u t' (signature) (title) � � i ,�h.. i�, i ) li,�l �� (print name) (print title) STATE OF I.�_�_S ��S i (J ) ss. �'. vW�e�r.i„ ��OUNTY ) PersonallX came before me this�1day of_ -��-�� 2015, ihe above named j tin _�, �� (sig��alor) of U�.�� s.cros �; �;54— C r uQ: ! 1J r� i'o r� (mortgagea), to me known to 6e such persons who executed the foregaing inshument and acknowledged the same, for the rpose herein co t� tined. �-2 Notary Public, �County, /,��;s is,+s%.� My Commissi n expires: t��,.,�� s f-� n� � iLlay S, 2015 ��; i � z , C� � . f �� DV o � d . 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