HomeMy WebLinkAboutWPS Universal StreetCITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1�30, OSHKOSH, WI 54903-�130
PHONE: (920) 236-51 � 5 FAX (920) 236-5106
To: Wisconsin Public Service
700 N. Adams Street
Green Bay, WI 54301
Attn: Dane Allen
Please find: � Attached
❑ Copy of Letter
❑ Meeting Notes
❑ Specifications
LETTER OF TRANSMITTAL
� Agreement
❑ Photos
❑ Estimates
Date: June 30, 2015
Pro�ect: N/A
From: Carol Marchant, Admin. Assistant
Re: Easement
❑ Under Separate Cover
❑ Amendment
❑ Mylars
❑ Diskette
❑ Report
❑ Change Order
❑ Zip Disk
❑ Agenda
❑ Plans
❑ Other
Quantit Description
1 Cop of Recorded Easement on Universal Street in the Cit of Oshkosh
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)
Documeu[ Vumber
Non-Exclusive Easement
Ducument Ti[le
THIS INDENTURE, made this ���ay of �UY1 Qi , 2015,
by CITY OF OSHKOSH, Grantor, and WISCO�YSIN PUBWC SERVI
CORPORATION, a Wisconsin Corporation, Grantee:
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good
and valuable consideratio� paid by the Grantee, the receipt of which is hereby
acic�owledged, the Grantor does hereby give and grant unto the Grantee, its
successors and assigns, and Grantee accepts, a non-exclusive Easemen[ over, under,
and through the Grantor's Property as hereinafter described.
EASEMENT PURPOSE: The purpose of this non-exclusive Easemen2
is to allow Grantee to provide the undergroand transmission of gas and
electric services across Grantor's property connecting Gran[ee's
facilities in the righhof-way with a priva[e property.
i� �i iii ii ii i iii ii iiiii
8 2 2 2 4 6 0
Tx:4158396
1690190
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
O6/19/2015 8:51 AM
7UL2E PAGEL
REGISTER OF DEEDS
RECORDING FEE 3Q.00
PAGES:7
Area
.V'ame aod Rehru Address
City Attorney's O�ce
P.O. Box 1130
Oshkosh, WI54903-1130
G�� ��
91327070000
Parcel ldeotifica[ion Nomber (PIK)
2. GRANTOR'S PROPERTY: Gran[or's Property that will be subject to this Easement, Parcel Number
9132707000Q is a small, unbuildable, parcel between the Universal Street right-of-way and private property.
Grantor's Property is primarily used for various utility purposes, and includes those operated by Grantor as
well as other utilities. The legal description of Gra�tor's Property is attached as Exhibi[ A and is
incorporated into this Easement.
EASEMENT PROPERTY: A non-exclusive Easement within the Property is granted by Grantor, and
accepted by Grantee, over, under, and through certain land situated i� the City of Oshkosh, Wi�nebago
County, Wisconsin, (`Easement Proper[y") and described as follows:
Part of the Northeast Quarter of [he NoRhwest Quarter (NE 1/4-N W 1/4)
of Section 33, Township 18 North, Range 16 East, more particularly described
as follows:
A 12 foot wide easement strip, the center liae aj which is describes as follows:
Comme�ci�g at the center of Sectio� 18;
The�ce N 00°19'S0" W, 1771$ feet coincideat with the North-Sou[h center line
of Section 33;
Thence S 89°40' 10" W, 158.8 feet to the Point ojBeginning;
Thence S 88°35'3T' W, 46.2 fee[ to the Point ojTermination on the Easterly
right of way line of Universal St.
4. EASEMENT MAP: A location map of the Easement Property is attached as E�ibit B and is fully inwrporated in
this document.
5. NON-EXCLUSIVITY: Grantee's use ofthe Easement Property will be non-exclusive. Other above and undergrouni
utilities wrrently exist in some or all of the Easement Property. The surface of Grantor's Property includes a storm
water drainage swale. Grantor may install additional utilities or public facilities i�, over, or across, or allow other
public utilities to locate within, the Easement Property provided the new installations do not create a dangerous
circumstance or materially interfere with Grantee's facilities existing at the time of the proposed installatio�s.
Grantor is allowed ro use of the Easement Property, without limitations, for landscaping, storm sewer, sanitary sewer
water distributioq electrical, and other similaz facilities necessary public purposes.
6. EASEMENT RIGHTS/L[MITATIONS: Granror gra�ts, and Gra�tee accepts, a nomexclusive Easement over,
under, and throu�h the Easement Property. The rights and limitations of this Easement are as follows:
2.i, 201.i
��
a. The Easemen[ Property may be used for Grantee's facilities related to its transmission of gas, electricity, li�ht,
heat, power, signals, communication, and/or other similar purposes that are now, or may hereafrer be, part of
Grantee's business, and that serve the adjoining priva[e proper[y. Grantee's use of the Easeme�[ Property is not
intended to facilities and uses exceeding those necessary to serve the adjoining private property.
b. During periods when the Gran[ee will be performing construction, repairs, replacemen[s, or any other activiry
involving digging or use of large equipment, the Grantor grants, and the Grantee accepts, a temporary, limited
license ro use a ten (10) foot strip of equal width that is within the Grantor's Property along both the north and
south boundaries of the Easement Property for temporary purposes allowing the movement and storage of
equipment during the identified activity. The temporary, limited license shall only be used for eq�ipment and
materials that apply to activities within the Easement Properry. This license shall no[ become effective until the
projec[ begins, and will end upo� completion of the project. The area subject to this license may not be entered
and used for any purpose by Grantee prior to the commencement of the project within the Easement Proper[y,
nor may it be entered and used for any purpose after the completion of the project within the Easement Property.
The areas subject to this license shall be fully restored by Grantee through grading, filling (if necessary),
seeding and installa[ion of erosio� matting so that it will retum [o condition prior to the license taking effect.
c. Grantee shall have the rigltt to install underground pipes, transmission lines, and related facilities within the
Easement Property. All uses must remain safely below the grade as determined by Grantor. Grantee shall only
use fill material removed from the Easement Property, or off site material specifically approved by Grantor.
d. Except for emergency situations, Grantee shall provide Grantor with ten (10) days adva�ce notifica[ion of its
intended construction, maintenance, a�d/or repa'vs to occur within the Easement Proper[y. Such notification
shall include a brief description of Grantee's intended use or actions. In the event of an emergency, Grantee
may proceed as necessary, but must notify Grantor as soon as practicable of the disturbance of the Easement
Property surface. I[ is expected by Grantor that Grantee will always make good faith notifica[ions of any other
utility affected by the Grantee's use of the Easement Proper[y.
The Easement Property is or will be crossed by a storm water drainage swale. Grantee's actions shall �ot result
in any blockage or impede to the design and functioning of the storm water drainage swale. In emergency
situations, when required by the wea[her, Grantee must, as soon as practicable, accommodate water flowing
through the swale through diversion or other method acceptable to Grantor.
Except as otherwise described in this Easement Ageement or as otherwise necessary to maintain the safe
provisio� of utility services, the surface of Grantee's Easeme�t shall be subject to and subservien[ [o Grantor's
development and use of its surcounding property, including uses such as s[orm water facilities, landscaping,
storm sewer, sanitary sewer, water distribution, electrical, and other similar facilities. Grantor shall not place
any buildings or structures on the Easement Property. Grantor shall not be responsible for Grantee's costs of
any additions, subhactions, repairs, or relocations required based upon the Grantor's current or future use of the
Easement Property, or Ihe use of the larger Grantor's Property.
MAINTENANCE: Except as otherwise described in this Agreement, Grantor and Grantee shall be responsible, at
their own expense, for inspection, maintenance, repairs, and replacements of their respective facilities under, over,
and on [he Easement Property.
a. In general terms, Grantor is responsible for routine maintenance and repair of its property, including the surface
of the Easement Property and any of its facilities below the surface. Examples of routine surface maintenance
include care of grass, trees, shrubs, and other vegetation, and mai�tenance of its utilities and public facilities.
b. Grantee is responsible for routine maintenance and repairs of its utilities and facilities, whether above ground or
underground. Grantee is responsible for al] damages sustained by the Grantor or others caused by Grantee's use
of the Easement Property. Grantee's responsibilities related to the surface include remrning the surface area to a
condition that is the same or similar to its condition prior to any maintenance, repairs, or other work related to
Grantee's use of the Easement Property.
c. Grantee shall be responsible for the cost of repairing or replacing any dama�e to the Grantor's facilities,
includin� without limitation la�dscaping, storm water drainage features and facilities, electrical, sanitary sewer,
or any other Grantor faciliry, which is damaged or altered by Grantee's use of the Easement Proper[y.
March 25, 201 �
2
d. Grantee shall hold harmless and fully indemnify Grantor for damage to the facilities owned, operated, or used by
third-parties to the extent caused by Grantee and/or resulting from Grantee's use of the Easement Property.
8. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the aceess and
maintena�ce rights identified herein to any co�tractor, third party, or other person. Assignees must demo�strate to the
Grantee that they have sufficient wmpetence and must give adequate assurances that any work to be performed in or
around the Easement shall be conducted in a skillful ma�ner. Assignees must also protect the Grantor's interest in the
Easement Property to the same extent as if the Grantee was itself performing the construction or maintenance.
Gra�tee a�d Gran[or are responsible to the other for damages caused by their respective employees, agents, a�d
contractors.
9. DEFAULT: Except for emergency ciroumstances, if either Gra�tor or Grantee reasonably believes that the terms of
this Easemen[ 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. In emergency circumstances, Grantee may
immediately take all necessary actions to protect the safety and functioning of its facilities within the Easemen[
Property.
10. TERM: This Easement shall be perpetual, shall run with the land, and shall provide benefits and burdens upon the
parties' successors and assi�ns. This document shall be recorded wi[h the Winnebago Counry Register of Deeds at
Gran[ee's expe�se.
11. EXISTING EASEMENTS: As described in this document, [he Easement Property is or will be subject to other
easements and uses by Grantor and by third-parties.
12. WANER: No delay or omission by a�y party to this Easement in exercising any right or authoriry related to a term
or condition of this Easement shall be co�strued as a waiver of that right or a�thoriry. However, the �otice and
opportunity to cure provisions in paraa aph 12, above, shall remain a prerequisite to making a claim of default against
the other par[y.
13. INVALIDITY: If a�y term or condition of this Easemen[ shall be held invalid or unenforceable by a court of
compe[e�t jurisdiction, then the remainder of this Easement shall continue to be valid and enforceable [o the fullest
extent permitted by law.
14. NO THIRD PARTY BENEFICIARY: The terms of this Easement are for Yhe benefit of the two parties identified,
and it is not the intentio� of either the Grantor or Grantee that other perso�s or parties shall acquire any rights to
enforce or benefit from [hrough this Easement.
I5. MUNICIPAL L[ABILITY: Grantor incorporates into this agreement and relies upon its municipal limitations and
immunities wntained within Wisco�sin law. GrantoPs municipal immunities and limitatio�s incorporated indude,
b�t are not limi[ed to, Sec[ions 345.05, 893.8Q a�d 893.83, Wisconsin Sta[utes. Except for actual physical damage to
Grantee's facilities in the Easement Property, the aforementioned damage limits, caps and immunities shall be used to
govem all disputes, contractual or otherwise, as they apply to the municipality and its agents, officers, and employees.
16. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the S[ate of
Wisconsia Venue for any action regarding this Agreement shall be the Wi�nebago County, Wiswnsiq Circuit Court
or, if a federal court action, then the appropriate district and/or branch within which Winnebago Counry is located.
17. NOTICES: Any notices required by this Easement shall be in writing and delivered via certified mail, retum receipt
requested, as follows. Cha�ges to these addresses shall be in writing. In additio� to formal �otifica[ion, bo[h parties
agree to take reasonable measures to keep the other pat[y informed of issues or questions regarding the Easement
Property.
FOR THE GRANTOR:
Ciry of Oshkosh
c/o Director of Public Works
215 Church Avenue
Oshkosh, W[ 54902
March 2�, 201.i
FOR THE GRANTEE:
Wisconsin Public Service Corporation
c/o
700 N. Adams Street
Gree� Bay, WI 54301
18. AUTHOffiTY: The Grantee affirms that all approvals for this Easement necessary acwrding to its corporate
struc[ure have been obtained and have approved the acceptance of this Easement, and that the andersig�ed have the
authority to sign this Easement on behalf oF the Grantee. Grantor affirms that al] necessary boards and elected
officials have approved the acceptance of this Easeme�t, and that the undersia ed have the aathoriry without
limitation to enter into this Easement a�reement. The undersigned assert a�d affirm that they have the aathoriry
without ]imitation to enter into this Easeme�t agreement on behalf of the Grantor and Grantee.
SIGNATURE PAGES FOLLOW
This instrument drafted by:
Attomev David J. Praska
Oshkosh, WI54903-1130
March 2�, 201 �
IN W ITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
GRANTOR: CITY OF O5HKOSH
�
L•�
Rohloft; City Tv(anager
Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
) ss.
WINNEBAGOCOUNTY )
Personally came before me this /4° rh day of �� e , 2015, the above named Mazk A. Rohloff and Faela R.
Ubrig of the City of Oshkosh, to me known to be such persons who ex uted the foregoing instrument and acknowledged *.he
same, for the purpose herein contained. � �/
��L2f, 'Lc° Lx�'�'Z`�-
Notary PubL , State of Wisconsin
My Commission expires �' � �- _ � ��
AC�D AS TO ORM:
1 Lorenson, Attomey
GRANT�E:-W�S O N�IC SERVICE CORPORATION
�.
By: � ' ; f Q�� (yr7
s�gnature � ^A (title)
q.A �L /� l i.Q✓�
(print name)
STATE OF WISCONSIN )
) ss.
OW r COUNTY )
Personally came before me this �� day of JUw , 2015, the above named � G��"�� , to
me known to be such person who execu[ed the foregoing instrument and acknowledged the same, for the purpose herein
contained. �@� ��� �� p �Q 1" I
��' w �Y a"'B'` 0`' V v�i.�. e-C
Notary P ic, State of Wisconsi
My Commission expires: 7�s'i�
March 25, 2015
�
�
Grantor's Propertv
Parcel Description
A part of the N 1/2 of Sec. 33, T18N, R16E, Ward 13, City of Oshkosh, Winnebago
County, Wisconsin, containing 2.933 acres of land and being described by :
Commencing at the N 1/4 corner of said Sec. 33, thence S00°-42'-36" W 40.00 feet to
the South line of CTH "K", West 20th Avenue, thence N89°-15'-18" W 158.01 feet along
the South line of CTH "K", West 20th Avenue, to a point on the Easterly line of a power
transmission line easement recorded in Volume 1051, Page 635 in the Winnebago
County Register of Deeds office, thence S00°-15'-00" W 1531.66 feet along said line to
the true point of beginning, thence continuing S00°'15'-00" 60.00 feet along said line,
thence S89°-22'-29" E 2124.79 feet to a point on the Westerly line of Washburn Street,
thence NEIy 60.58 feet along the arc of a curve to the left and being the Wly line of
Washburn Street, having a radius of 4534.00 feet and a chord of which bears N08°-33'-
25" E 60.58 feet, thence N89°-22'-29" W 2133.54 feet to the true point of beginning.
Exhibit �
Y
EXHIBIT
Part of the Northeas[ Quazter of the Northwest Quarter (NEl/4-NW U4) of Section 33, Township 18 North, Range I6 Eazt City of Oslilcosh, Counry of
Winnebago, Sffite of Wisconsiu
oi.�..�...eow� ... m c..e.nm. or
0 100 200 300 400 •"•"'•"`•""•••°°.°'°""•.°•'„"°,
e...e �oo� �rm Honn or wi.co�.m m.e.
vi.m ea so.m
1 =10�
Prepared By:
For.
Wisconsin Publlc
Service Corparation
]00 Norro Atloms Slreet
Public ervice P�O. BoK 19001
c�ee� eoy, v� sa�a�—sam
ano�.: eoo—aso—uso
Exhibit �