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Home My WebLink AboutEasement/FVTC/0608020000CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-51'15 FAX (920) 236-5106 LETTER OF TRANSMITTAL 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 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) Document \umber Easement Dacument THIS WDENTURE,madethis Z9 dayof �/'' �075, by FOX VALLEY TECHNICAL COLLEGE, Grantor,�FOSHI a municipal corporatioq located in Wi�nebago County, Wisconsin, Grantee, WITTIESSETH: W CONSIDERATION of the sum of One Dollar ($I.00) and other good and valuable co�sideration paid by the Grantee, the receipt of which is hereby acknowledged, [he Gran[or, its successors and assiens, does hereby give and grant unto [he Grantee, its successors and assigns, and Grantee aceepts, an easement over under, and throu�h the land hereinafter described. 2. i i i i i�i iiii i��ii!i i iii �' 3;� � 8 9 'i:4i;4187 1693843 REGISTER'S OFFICE WLNNEBAGO COUNTY, WI RECORDED ON 08/03J2015 9:08 AM ]ULIE PAGEL REGISTER OF OEEDS RECORDING FEE 30.00 PAGES: 5 Return Address City Attorney's Office P.O. Boz 1130 PURPOSE: The purpose of this Easement and the use by Grantee of the Easement Property described in this document shall be for the 90608020000 �� a" management of Grantee's public storm water system. pa��i �deoc�r�a��oo ��mbe� (p�rv) EASEMENT PROPERTY: The property subject to [his easement granted herein shall be over, under, and I [hrough certain tracts of la�d situated in the Ciry of Oshkosh, Winnebago County, Wisconsin, (`Easement Property"), identified in Eachibit A, and described as follows: A Permanent Easement over that part of Grantor's land contained within the followinb described strip of land: A strip of land, 30 feet in width, being a part of the NE 1/4 of the SW 1/4, and part of Government Lot 2, all in Sectio� 23, Township 18 North, Range 16 East, CiTy of Oshkosh, Winnebago County, Wisconsi�, the centerline of said 30-foot wide strip being described as: Commencing at the Ce�ter of said Section 23; thence S00°-l9'-57"E, along the east line of the SW 1/4 of said Section 23, 162.00 feet; thence 539°-40'-03"W, 172.09 feet [o a poi�t on the northerly ri'hUOf-way li�e of Witzel Avenue and the Poin[ of Beginning of this easement ce�terline; thence N36°-20'-40°E, 288.73 feet; thence N53°-23'-33"E, 74.35 feet, more or less, to the bulkhead line of the Fox River and the end of this easement ce�terline. It is intended that the width of said easement shall extend from the �ortherly ri�ht-of-way line of Witzel Avenue to the Normal High Water line of the Fox River. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property for, and related to, Grantee's public storm water management system. 4. USE FOR STORM WATER MANAGEMENT SYSTEM: The Grantee will ase the easement for an underground storm sewer pipe and appurtenances. Some of the appurtenances, such as manholes, may be located on the surface. Grantee shall have the right to fulty use the Easement Property far these purposes as part of its storm water mana�ement system. The Graotee 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 drai�age facilities. 5. MAINTENANCE: Grantee shall be responsible for maintaining all storm water drainage facilities on and within Ih Easement Property, includin� the maintenance, repair, and replacement of all srorm water facilities located over, under, and throueh Ihe Easement Property. The Grantee responsibilities include gradin_ and seeding the Easement Property after the initial wnstruction, and after any subsequent repairs. Grantor shall be responsible for all subsequent surface leve] maintenance and repairs. The Grantee's maintenance of its storm water facilities shall be at 3Q 201� S the Grantee's sole discretion at for the purpose of ensurin� that the storm water facilities associated with the Easement Property operate for their intended purpose. Grantor's maintenance responsibilities do not include repairs which are the result of the Grantee's use of the Easemen[ Property. 6. INTERFERENCE WITH EASEMENT: Grantor, their heirs, agents, or assigns, shall nor interfere in any way with the Grantee's use of the easement, or install or construct any structures or improvements, landscaping or otherwise, within the easement. Grantor shall not place, pile, or move snow or ice on to the Easement Property. Prohibited new structures or improvements include, but are not limited to, temporary or permanent building structures, driveways, parkin� areas, sheds, change in elevations, vegetation except �rass, landscaping or fences. Grantor shall promptly remove any objects, materials, or structures which impede the Grantee's ase of the Easement Property or Iimits the capaciry of the Grantee's storm water drainage system. If Grantor fails to remove these materials or objec[s, Grantee shall remove them at Grantor's expense. The Grantor shall take reasonable steps to prevent third parties from interfering in a�y way with [he Grantee's use of this easement. USE OF EASEMENT BY OTHERS: The Gran[or agrees that the Grantee may temporarily assign the access rights identified herein to any contractor, third party, or other assignee that will be performing work on the Easement Property which would o[herwise be allowed for Grantee itself to undertake. Grantee shall [ake reasonable steps to ensure that the other party sufficient competence and gives adequa[e assurances tha[ any work to be performed in or around the easement shall be conducted in a skillful manner, and that the Grantor's interest in the easemea[ premises shall be pro[ected to the same extent as if the Grantee was itself performing the wnstructio� a�d maintenance. 8. DEFAULT: If either Grantor or Gran[ee reasonably believes that the terms of this Easement have been breached, [hen written notification of the alleged breach shall be delivered to the other party. Any parry in breach shall have thirty (30) days to cure any actual breach or, if the breach can�ot reasonably be cured within the 30-day period, take appropriate steps to materially comply with the parry's obligation to cure. Notwithstanding the foregoin�, the Grantee is en[itled to ensure the continuous proper functioning of its municipal storm water management system without waiting thir[y (30) days. Gran[ee may use its discretion to evaluate any necessary maintenance and/or repairs, or any interference with a permitted use, of the Easemen[ Property, and may take any immedia[e reasonable action wi[hout notice to ensure the proper fu�ctionine of Gra�tee's municipal storm water management system. All wsts a�d expenses inwrred under such emergency circumstances due to Grantor's breach or ne�ligence shall be reimbursed by Grantor to Grantee within thir[y (30) days of receipt of a bill for the same TERM: This easement is being granted in perpetuity for public purposes and uses, both curren[ and future, wi[hout regard to [he Grantee's use of the easement at any paRicalar time. All righ[s, tide and privileges herein gra�ted, includin� benefits and burdens, shall run with the land and shall be binding upon and i�ure to the benefit of the Grantor and Gran[ee, their respective heirs, executors, administrators, successors, assigns, and legal representa[ives. 10. EXISTING EASEMENTS: The Grantor and Grantee are aware of other recorded easements which relate to or affect [he Easement Property, and this Easement will be subject to these existing Easements. 1 L WANER: No delay or omission by any parry to this a�eemen[ in exercisin� any right or power arisi�g out of any defaul[ under any of the terms or conditions of this Agreement shall be conshued 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. 12. INVALIDITY: If any term or condition of this Agreemen[, 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 [he 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 conditioo shall be valid and enforceable to the fullest exte�t permitted by law. 13. NO TH[RD PARTY BENEFICIARY: The terms of this A�reement aze for the benefit of the two parties identified, a�d it is not the inten[ion of either the Grantor or Grantee that other parties shall acquire any righ[s, to enforce or benefit from, through this Agreement. 14. MUNICIPAL LIA6ILITY: Nothing in this A�reement is intended as a waiver of the municipality's ri�ht or opportuniry to rely apoo the municipal limitations and immanities contained within Wisconsin law. Municipal immunities and limitations include, but are not limited tq Sections 345.05, 893.SQ and 893.83, Wisconsin Statutes. Such damage limi[s, caps and immunities are intended to be preserved and are incorporated into this a'reement and 2 June 30, 201� shall govern all disputes, contractual or otherwise, as they apply ro the municipality and its agents, officers, and employees. 15. GOV ERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the State of Wisconsin. Venue for any action re�arding this Agreemeut shalL be the Winnebago County, Wisconsin, Circuit Court or, if a federal court actioq then the appropriate district and/or branch within which Winnebago County is located. 16. NOTICES: Any notices reqaired 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. [n 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: Fox ValleyTechnical College c/o V.P. Administrative Services 1825 Bluemoand Drive Appleton, WI 54912 FOR THE GRANTEE: City of Oshkosh c/o Director of Public Works P.O. Box 1130 Oshkosh, WI54903-1130 17. AUTHORITY: The Grantee affirms that all necessary boards and elected officials have approved the acceptance of this Easemeny and that the undersigoed have the authoriTy to sign this agreement o� behalf of the Grantee. Grantor affirms that it has the authority without limitation to en[er in[o this easement a�reement. The undersigned assert and affirm that t6ey have they have the authoriry without limitation to enter into this easemen[ ageement on behalf of Ihe Grantoc Gra�tee's written consent will be required before any additional easement or use of this easement property is granted to third parties. SIGNATURE PAGES FOLLOW This instrument drafred bv: Attomey David J. Praska Oshkosh, WI 54903-1130 June 3Q 201� IN W ITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day and year first above written. FOX VALLEY TECHNICAL COLLEGE By: � � t ��„-r.-�—, J� McEwe�, V.P. Administrative Services STATE OF WISCONSIN ) ) ss. OUTAGAMIE COUNTY ) Personally came before me this ��of person who executed the foregoina instrument and Notary Public, S My Commission CITY OF OSHKOSH ey: � G � --"� <A. Rohloff, Crty e � By: \ `i�`CS�� Pamela R. Ubrig City Clerk STATE OF WISCONSIN WINNEBAGO COUNTY ) ) ss. ) 15, tl�e above uuuii�� \\�N1�� pQw�d'be, �y ... q7.� '. P10rq?V . ��'��_ �,'•, NuBLIG �•. %9�F ''• ........: �5 %,, �F uiier.0 ., Personally came before me [his ��day of �.L� �_, 2015, the above named Mark A. Rohloff and Pamela R. Ubrig of the City of Oshkosh, to me laiown to be such pers� executed Yhe foregoing i�strument and acknowledged the same, for the purpose herein wntained. . � f r� r��z � � uriiuL ,�l -�,�-/ �7 Notary Public, S�of Wisconsin � My Commission expires: APP V ED AS TO ORM: c � iyi . Lorenson, �ty Attomey June 3Q 201.i . EASEMENT EXHIBIT PART OF THE NE 1/4 OF THE SW 1/4, AND PART OF GOVERNMENT LOT 2, ALL IN SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST. CIN OF OSHKOSH, WINNEBAGO COUNN, WISCONSIN LEGAL DESCRIPTION A strip of land, 30 feet in width, 6eing a part of the NE 7/4 of the SW t/4, and pari of Government lot 2, all in Section 23, Township 18 Norih, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, the centerline of soid 30—foot wide strip being descrlbed as: Commencing at the Center of said Section 23; thence S00'-19'-57"E, oiong the east line of the SW 1/4 oi said Sect�on 23, 162.00 feet; thence 589'-40'-03"W, 172.09 feet to a point an ihe northerly right—of—way line of Witzel Avenue and the Point of Beginning of' this easement centertine; thence N36'-20'-40"E, 288.73 feet; thence N53'-23'-33"E, 74.35 feet, more or less, to the bulkhead line of the Fox River and the end of this easement centerline. ' ! KENNEfH R.._°' , WOLF �� 54421 SHE80YGA�1, ;�ic � '�. WISCONSlM r' �" \ -�°�i?N \ N� \ �O I {j w z�� J 4\ vFRCEL l0. 4j 9060801U�00 � 9p� JI .,\ ( !�\ r �ti � �i1% i%�2o/S 0 covr. �or z 0 � �'� �i --- �. tn�1 PERMANENT EASEMENT LIMIT5�3 \ y �i • O .��j � �b PARCEL l0. � �y — — — - — 906090Z0000 \ ,� \ f � � 5. LINE, GOV'L �OT 2, SEC. 2� _�0 /'/ _ S89'23'36"E, 2618.57� \ N. LINE, SW 1/4, SEC. 23 �, N '-� N88'S5'S3"W, 2603.55' ,p? ely' : �\�� - - — - ' '� i O ,��• t w Oa \ \"�� NE 1/4_SW 1/4 �z'��WryO e`"�. /��ino raG ,�, � o \\ \ ��.� \9k( �"�='S� �p e� v,,,�� rj �1� y /-�� . \ � \Hf `�?� O � \ � i� �3� 10 /_. \ �� \ � 2 �V1 �� ` F � �. _J �W � `. \ � c.o.a. .. — .. - � GOV'T_LOk 3 � 589'a0'03"W � Q� � � / 172.09' i �� \ /. N�f � \ // Ulp� / � W p � N n / \ YIrv 1 / � \ \� W ' � /'_ �' ' � • \ \ \ � N '.\ / . / � � Wlm ' \ /� / � � � � / / � � � � JIN I \'\../ � '� /� .\ �i��'.\ '\ WI I � � N � / �'v� � � � � � �'� �` +(� "� i � � : \ NORTH IS REFERENCED 70 THE � �� . I� I �\ YlINNEBAGO COUNtt COORO�NATE \ � ' SYSTEM, NA083-97 ' -��. i O ( \ _ 0' S0' 100' 200' ��\ 1 I O � � � ' AECOM SCALE 1"=100' � \ — SHEE7 1 OF 1 MAY, 2015 I � aaaa.Mrvo. smM.� 1 Iblt