HomeMy WebLinkAbout31. 15-405AUGUST 25, 2015 15-405 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE ACCEPTING PERMANENT EASEMENTS FOR
RIVERWALK PURPOSES / MORGAN DISTRICT BOATWORKS
TO OREGON STREET
INITIATED BY: COMMUNITY DEVELOPMENT
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS the city desires to construct riverwalk improvements along the south
shore of the Fox River in the Morgan District Redevelopment Area (formerly known as
Jeld-Wen property); and
WHEREAS the City has reached an agreement with the owners wherein the
owners will grant permanent easements across the river frontage of the Morgan District
for said riverwalk improvements from Oregon Street west to Boatworks property.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to accept
permanent easements from The Morgan District LLC for riverwalk improvements, per
the attached, in substantially the same form as attached hereto, any changes in the
execution copy being deemed approved by their respective signatures, and to carry out
all actions necessary to implement the City’s obligations under the easements, and to
execute any and all documents necessary for purposes of same.
O
OJHKOJH
TO: Honorable Mayor and members of the Common Council
FROM: Allen Davis, Community Development Director
DATE: August 20, 2015
SUBJECT: Accept Riverwalk Easement from the Morgan District LLC for
Riverwalk Riverwalk Improvements, west of Oregon Street (on the
former Jeld-Wen Property)
BACKGROUND
The owners of the Morgan District (former Jeld-Wen property) have been
discussing alternative development plans for the site. The new owners support
the extension of the riverwalk and are granting the land necessary for an
extension of the riverwalk on the west side of Oregon Street. The City has
submitted riverwalk grant applications for the former Jeld-Wen site that depend
on the City having control of the property. This easement meets that
requirement.
ANALYSIS
The City received donations of the Southshore for the area east of Oregon Street
and on the north shore riverwalk through the City Center property and then the
Hotel property prior to constructing the riverwalk. WisDNR grants for riverwalk
construction require the City to control the property, either in ownership of the
land or with an easement. The Morgan District developers have determined that
they would like to retain the riparian rights for possible boat docks along this
section of river. The granting of the perpetual easement is the appropriate
alternative to build the public riverwaik and later have the developers build the
private docks in this section of riverfront.
The WisDNR grants require that the City retain a permanent easement for the
riverwalk. Since WisDNR may grant the City additional funding for the riverwalk
project, the owner's grant of the easement meets that requirement.
The covenants related to the easement are the same as the north shore
donations except for one item. On the north shore, City Center and the Best
Western Hotel maintain the landscaping due to their desire to provide a higher
level of landscaping and landscape maintenance. In the Morgan District
covenant, the City will maintain the landscaping, just as the City maintains the
landscaping in the Marion Road and Steiger Park areas. The balance of the
easement is consistent with the other riverwalk segment donations and
consistent with the Rivervvalk Plan.
FISCAL IMPACT
The City would not be spending any money to acquire the easement at this time.
The City will be responsible for construction and maintenance of the riverwalk
which will be contained in the City's Capital Improvement Program.
RECOMMENDATION
The City Council accepts the easement for the Rivervvalk.
Approved,
����L��,�.�s.�—
City Manager
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Perina�aent Ease�ne�it Ag��eernerlt
Title
THIS INDENTURE, made thi� day of ^ 2015,
by THE MORGAN DISTRICT, LLC, a Wisconsin L' ' ed Liability
Company, Grantor, and CITY OF OSHKOSH, a municipal corporation,
located in Winnebago County, Wisconsin, Grantee,
WHEREAS, Graotor is the owner of certain rea] property borderin� along
the south shore of the Fox River, located in the City of Oshkosh, W'vmebago
County, Wisconsin; and
4VHEREAS, Grantor and Gran[ee desire to conshvc[ a public riverwalk
alon� the Fox River, within the City of Oshkosh; and '
WHEREAS, Grantor desires to convey to Grantee and Grantee desires to
accept an easemeni across a portion of Grantor's properry for the purposes
described below. �
WITNESSETH:
and Return
City Attorney's Office
Oshlcush, WI 54903-ll
9090001D000
90900010100
Parcel Identificatia� Number (PIN)
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valvable consideration paid by the Grantee, the
receipf of which is hereby acknowledged, the Grantor, its successors aadassi�s, doeshereby 5 ve and �antunto the Grantee,
its successors and assi�vs, and Grantee accep[s, an easement over, under, and lhrough the land hereu�after described on the
terms and conditions set forth herein. �
I. EASEMENT PROPERTY: The easement �-anted hereui shall be over, under and [hrou�h certain tracts of land owned
by Grantor and situated in the City of Oshkosh, Winnebago Counry, Wisconsin, ("Easement Property") described as
follows:
See Attached Exhibit "A"
2. PLJRPOSE; The purpose and ase by Grantee of the EasementProperiy shall be for use by Grantee as part ofits rivenvallc
system, coosisting of a seawall, wallcway, raffing, lighting standards, bollards, benches, hash receptacles, si,gnage and
landscaping ("Riverwallc"), including, the ri�hts to construct, preserve andmaintain the EasementProperty as a riverwa(k
for use bypedestrians, and bicycle haffic for the benefit of Grantee and fl�e general publia The uses by tne pubiic may
also include city spo¢sored a� city permitted special events such as art wallcs, wallc/runs and other similar events. The
uses permitted by tt�is para,graph are referred to in fliis A�•eemenl as "Easement Uses".
3. USEOFEASEMENTPROPERTY: Granteeshallhavethenon-escLusiverighttoaccessandusetheEasementProperfy
in the maoner authorized by this Agreement. Grantor, Grantor's tenants and their respec[ive employees, agents,
contractors, guests aod invitees shall also have the right to use the Easement Property subject to the terms of this
A�eement.
4. RIGIITS AND OBLIGATIONS OF GRANTEE. Grantee shaf] have the right to access and use the EasementProperty
for Grantee's Riverwalk system. The rights and corresponding oUligations coavej�ed by this Easemen[ aze as follows:
a. To estabtish within the Easement Area improvements necessary for the Easement Uses. The parties to. this
agreemeot recogaize the importance ofpreserving desu�able views of the area. When exercisingthe ridhts conveyed
by this Easement, Grantee shall take into consideration the goal of preserving desuable scenic views and sha11
consult with the Grantor rzgarding the plans for improvements and landscaping, ,
b. To lay out, mark, construct, maintain or relocate facilities oecessary forthe Easement Uses within theEasement azea..
The initial construction ofthe Rivenvalk sball conform in all material respects withthe plans as submitted with the
Chapter 30 permit for this portipn of the riverwalk project dated Apri12015. Grantee shall consulf with Grantor upon
completion of 90% plans, to include landscapting plans, and regarding any substanfial chaztges to be made to the
improvements within the Easement area.
a To make minor [opographical changes to the property within the Easement area forthe necessity and convenieuce of
locating and constructing improvements for the Easement Uses.
d. To establish and maintain appropriate signage within the Easement area marking the trail and providing direcrions or
other appropriate information in connection with improvements for the Easement Uses. Grantee shall consult with
Grantor regarding signage to be erected within the Easement Area,
e. To enter upon the Easement area for all reasonable and necessary wnsh-ucrion, maintenance, and repair of the
improvements located within the Easement area and re]ated landscaping. .
f. To manage vegetation within the Easement areathrough selective plantin� and/orremoval oftrees, shrubs, �{asses or
other plant species in order to maintain and enhance the Easement azea.
g. To maintain the Easemeut area in a good, clean and sanitary conditiou, free from waste or litter and any condition
that is offensive to the public health, safety or welfare or that constitutes a uuisance.
Grantor hereby names Grantee's chief executive officer as its Power of Attoiney, as provided in [he Uniform Power of
Attomey for Finances and Properiy Act, Chapter 244 of the Wisconsin Statutes, for the express limited purpose of
completing and executing any documents nacessary for the application for funding, including grants; and completiou of
and application for permits for the initial conshvction or maintenance of the rivewallc project u�thin [his Easement.
- 5. RIGHTS RETAINED BY GRANTOR: Except for those rights expressly conveyed to Grantee hereunder, Gtantor
reserves to itself, successors, Lransferees and assi,�s all rights arising out of or related to the ownership or leasing ofthe
Easement Properiy, including without limitation, the right to engage in, or permit or invite others to engage in, all uses of
the Easemeut Properiy that are not expressly prohibited herein and .tha[ are not inconsistent with the terms of this
Agreement, including without limitation, the following enumerated rights: � -
a. The right to request that persons ]eave the Easement Property for actions that constitute disorderly conduct under
state law or city ordinance or a violation of the Grantee's noise ordinance. The Grantee reserves its rights.to bring
enforcement actions a�ainst unruly persons where appropriate. �
b. Grantor shail have the right to install, maintain, repair and replace docks within or adjacent to ihe Easement
Property; provided that, if [he docks are within or attach to Grantee's Easemeni or Riverwailc ia any manner [hat the
plans and specifications for the docks are subuiitted to Grantee for approval, wl�ich approval shall not be
unreasonably withl�eld or deIayed. Grantor is responsible for a11 costs related to tbe coostruction, maintenance, repair
and replacement of any docks installed by Grantor.
a Grantor sball have the right to instail, repair, maintain andreplace such utilities as may be reasonably necessary for
Grantor's use of its property and any improvements constructed by Grantor pursuant to this Ad eement. _
d. Grantor shall have the right to use the Easement Property for the maintenance, repairand replacement of its property
and icnprovements adjacent to the Easement Property; provided that Grautor uses the Easement Properry in a
reasonable manner and is responsible for any damage to the improvements conshvcted by Granteeresulting from the
activities of Grantor or Grantor's employees, agents and conhactors. Grantor shall provide at ]east five (5) business
days notice to Grantee including the scope of the proposed project, types and weights ofequipment proposed to be
used, area to be used, tune limits anticipated for completion of wa'k, and measures to be taken to minuaize
� 'vrterference with Granfee's and the publids use of the Easement Property. Graotor shall not use any equipment in
excess of Grantee's specified �veight limits. Grantor shall cooperate with Grantee to lmut interference with Grantee's
and the publids use of the Easement Properfy.
6. NEITHER PARTY TO CONSTRUCT OTHER STRUCTURES WITHIN THE EASEMENT' PROPERTY/SNOW
. REMOVAL: Neither party shall cause or permit any sfructures to be placed in the Easement Property, except for the
improvements authorized by this A�eement This restriction shal] not be interpreted to prevent temporary shuctures
placed for approved speciaL events. Neither party shall not cause or permit snow or other materials [o be placed in the
Easement Properiy.
7. FUTLIRE MAINTENANCE OF EASEMENT PROPERTY: Grantee shall mau�tain landscaping within the Easement
Property. �
8. LIMITATIONONUSEOFEASEMENT: Exceptformotorizedorbatterypropelledpersonalassistivemobilitydevices,
public access on, over or across the Easement Property is Iimited to access by foot or othernon-motorizedmeans. Use of
motor vehicles witliin the Easement Property is prohibited, except for motorvehicles used by the Grantee or by Grantee's
agents for purposes of conshvction or maintenance of the improvements within the Easement Property, maintenance of
ihe Easement PropeiTy, or for emergency access. Graotox or Grantor's employees, agents, and conffactors shall also have
the right to operate motorized vehicles within the Easement Property for the purpose of the maintenance and repair as
provided in pazagraph 5. d, aboye..
9. FEES. No fees shalt be charged for the use of the easement by the general public. No assessments or cbarges shall be
made a�ains[ Grantor or Grantor's properiy for the construction or maintenance of the Easement Property or
improvemen[s. �
10. NO LIASILITY: It is acknowledged that Wis. Stats, §595.52 is applicable to ihis Easement and the rights gtanted
hereunder, and neither Grantor nor Grantee shall have any liability to [hird parties in connection with this Basement or the
use of the Easement Property.
1 I. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee maytemporarity assigithe construction and
maintenauce rights idenrified herein to any confractor, third party, or other person. Assi�nees must demonstra[e to the
Grantee that they have sufficient competence and must give adequate asswances that any work to be performed in or
around the easemen[ shall be conducted in a skillful manner. Assignees must also protect the Grantor's interest in the
easement premises to the same extent as if the Grantee was itself performing the consiruction or maintenance. Grantee
shall, upon request of Grantor, requ've any confractors performing work pursuant to flus para�aph to provide Grantor
with written documentarion of acceptable liability and workers compensarion insurance covera�e.
12. DEFAiJLT: If either Grantor or Grantee reasonably believes thabthe terms of this Easement have been breached, then
written notification of Ihe alleged breach shall be delivered to the other party. My party in breach shall have sixty (60)
days to cure any actual breach; provided, however, that if the breach cannoi be reasonably cured within a thirty (30) day
period, [he pariy shall not be deemed to be in default as long as the pady commences the cure within the thirty (30) day
period and dili�en[ly pm'sues the cure to its completion. However, Grantee may immediately remove any object or
materiaL wluch it reasonably believes materially interferes with the use of Easement Properiy.
13. TERM: This easement is being b anted in perpetuity for pu6lic purposes and uses, both current and futm�e, without
regazd to the Grantee's use ofthe easement at any paiticular time. All rights, title audpdvile,�es herein�'anted, including
benefits and burdens, shall run t�rith the land and shatl be binding upon and inure to the benefit of the Grantor and
Grantee, their respective heirs, executors, administrators, successors, assigos, and Iegal representatives.
14. REVERTER. In the event the use of the Riverwallc is permanently discontinued for any reason, Grantee shalI execute
any documents requu�ed at that time to release tlils easement and have all rights revert to Grantor at no cost to Grantor.
I5. EXISTINGEASEMENTS: One or more recorded easements may eacist which relate to or affect the EasementProperty.
This easement is subject to all exis[ing easements and resfrictions of record up to aad includinn the date any such
easements are released through a document recorded with die Winnebago County Register of Deeds.
16. WANER: No delay or omission by any pariy to this ao eement in exercising any right or.power arising out 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 otUer party shall not be conshued to be a waiver of a�y breaclt of any
other terms or co�dirions of this Agreement �
17. INVALIDITY: If any teim or condi[ion of this Ageement, or the application of this A�eement to any person or
cucumstaQCe, shall be invalid or unenforceable, the remainder of this Agreement, or the application of Ihe term or
condition to persons or cucumstances other than those to which it is held invalid or unenforceable, shall not be affected
thereby, and each tean a�d eondition ;hall be valid and enforceable to the fullest ea�tent permitted by law.
18. AGREEMENT NOT TO BE CONSTRUED AGAINST ANY PARTY. This Ageement is the product of negotiaTion
between the parties hereto and no term, covenan[ or provision herein or the failure to include a term, covenant or
provision shall be construed against any party hereto soLely on the basis that one party or the other drafted t1usA,�eement
or any term, covenant or condition contained herein.
19. NO THIRD PARTY BENEFICIARY: The terms of this Aa eement are for the benefit of the two parties identified, and
it is not the intention of either the Gran[or or Grautee that other parties shall acquire any ii�lits to enforce or benefit from
ttu'ough [his A�reement. �
20. MiJNICIPAL LIABILITY: Nothiug in this Ap eement is intended as a waivex ofthe municipality's right or opportuni?y
to rely upon the municipaL limitations and immunities contained within Wisconsin law. Municipal 'unmunities and
limitations include, but are not limited tq Sections 345.05, 893.80, and 89i.83, Wisconsin Statutes. Such damage limits,
caps and immunities are intended to be preserved and are incorporated into this a,�'eement and shall govein all disputes,
con[ractual or otlierwise, as tliey apply to the municipality and its a�ents, of5cers, and employees. �
21. GOVERNING LAW: This A�reement shall be construed and enforced in accordance with the taws of the State of
Wisconsin. Venue for any ac6onregardin� this Ageement shall be the Winnebago CounTy, Wisconsm, C'v�cuit Court or,
if a federal court action, then the appropriate district and/orbranch wiihin which Winnebago Counry is located.
22. AUTHORITY: The Grantee affirms thaf all necessary boards and elected officials have approvedthe acceptance offlus
Easement, and that the undersigned have the autl�oriry to si� this ageement on behalf of the Grantee. Grantor affums
that it has the authority H�ithout limitation [o enter into this Easement A�eement. The undersigned assert and affirm that
they have they have the authority without limitation to enter into this Easement A,�'eement on behalf of the Grantor.
23. ADDITIONAL EASEMENTS OVER PROPERTY OR ASSIGNMENT.. Grantee's written consent will be required
before any additional easement or use of this Easement PropetTy by third parties is �anted. Except as permitted under
fhe teims of this Easement, Grantee shall not assid this easemeut to a private party.
SIGNATURE PAGES FOLLOW
IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above writtenn
T R A� IS � , LLC
B:
\\ /
Gr t , ana�ing Member
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally cazne before me this�`� day of .i �'�_, 2015, the above named Grant Schwab, of The Morgan
Dishict, LLC, to me known to be such person who e�x�j cuted the fnoregoin� inshvment and aclaiowledged the same, for [he
purposa herein confained. .�I�/ / %�J /
au c�- �,c-�-��r!
Not Public, Winnebago Coun Wisconsin
My Commission expires: % / — / / ' � � �
CPPY OF OSHKOSH
By:
Mark A. Rohloff; City Nfanager
By:
Pamela R. LJbrig, Ciry Clerlc
STATE OF WISCONSIN )
� SS.
1�lINNEBAGO COUNTY )
Personally came befm�e me ttus day of , 2015, the above named Mad< A. RoWoff and Pamela R
Ubrig of the City of Oshkosh, fo me known to be such persons who executed the foregoing instrument and aclmowled�ed the
same, for the purpose herein con[ained. .
Notary Public, Winnebago Counry, Wisconsin
My Commission expires:
APPROVED AS TO FORM:
Lynn A. Lorenson, Ciry Attomey
CONSENT OF MORTGAG�E
The tmdersig¢ed, bei� theliolder of a mod�age against the property identificd and desaibed as "Tasement Properl}" ut t6is
easement a�eement, consent [o tlic �raut of fhe easement set fortL aUove and agree that its interest in the FasementProperry sLall
be subjectto d�is ensement.
�l'.. k C{�J�RI� V��,��
(pry�Tmeofmortgaaee) _
BY: �� �c�� � +�
—� (s gn2turc) (tltle)
��n 1���1 i!.?.
(priut name) T(pri�t litle)
STATE OP WISCONSIN )
) ss.
WIt�T'EBAGO COi ,NTY )
Personally came before me tlus �,2 dayof_ y� l� , 20[5, the above oamed �o1�n ���
(sign�tor)of Utrvt q GeJi� u... v� (mortgagee),toiueknowutobeanchpersons�vhoexecuted
t(�e foregoing inshvment �nd ackrioti�4edged tHe seroe, fo ;the pwposa herein confained.
16�isconsin
F ��OT�'`S'l'�� My Commission expires;
�� � •
� tA�UG ,�
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Thfs inshumwf drnfled by: �
Attomcy L)mn A Lorcnson
Oshkosh,tY7 54903-Ii30
EXHIBIT A
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Permm�e�tt L'ase»�ent Agreement .
(Morgan DisKict — Inlet to Oregon Street)
T'fi1S INDENTURE, made this � day of �i -1 201
by THE MORGAN DTS'PRICT, LLC, a Wisconsin ioiited Liability
Company, Grantor, anA CITY OP OSHI{OSH, a municipal co�yorati�
located iu Wimiebago Connry, Wisconsin, Grantee,
WHERF.AS, Gratitor is the o�mer of ceRain real property bordering
nlong the south shore of ttie Pox River, located in the City of Oshkosh,
Wim�ebugo County, Wisconsin; and
Cily Attarney's Office
WHEREAS, Grantor a��d Grantee desire to construct a public riverwalk os��kos�� W[ 54903-11
nlong the Fox River, witlun the City o40shkosii; and
WHEREAS, Graotor desires to convey to C3rantee flnd Grautee desires 9090aoiawo
9090a010100
to aceept an easement ncross a portion of Grantor's propeity for the parcel Idrntification Nnmber (PIN)
purposes described Uelow.
WITNESSBTH:
IN CONSLDERATIQN oftlie snui of One Uollar ($ I.00) and other gooA and valuable cousideration plid by Ihe
Grantee, the receipt uf �vhich is liexeby acknowledged, tlie Grantm•, its successors and assigns, Joes hereUy give nnd
grant unm the Grantea, its successois m�d assigns, and Grantee accepts, an easement over, under, and through the
land hercinafter described on i(ie tcrms aud conditions set forth lierein.
1. EASEMENT PROPERTY: The easement granted hcrein shali 6e over, under and ihrough ceitain h'acts of
land owned by Graoror and situated in thc City of Oshkosl�, Wi�u�ebago County, Wisca�sin, ("Easemeut
PropetTy") described as follotivs:
See Aftached Ex6ibit "A"
2. PLJRPOSE: The purpose aiid use by Giantee of the Easement Propei'ty shall be fox use by Grantee as pait of its
riverwalk system, consisting of a seawnll, walkway, railing, lig6ting standards, Uollm'ds, benches, U'ash
receptacles, signoge and landscnping ("Riverwalk"}, inctuding, the rights to constrnct, preserve and mainfain
Ihe 8asement Property as a riverwnik for usc by pedeshians, and hicycle traffic fm� the Uet�efit of Grantee and
the general publia The tises by tUe puUtic may also include city spousored or city permitted special events
such as a�t walks, Walklruns and other similarevents. The uses pennitted Uy this parflgraph are referred to in
this Agrecment as "Easement Uses".
3. USE Or EASEi�fENT �ROPERTY: Grantee shall have tlte non-esclusiVe riglri to nccess and use the
Easement Propeity in the manner autltorized by this Agreement. Graator, Grautor's tenants and their
respective empioyees, agents, contracto�s, guests and invitees s(�all also have the right to use ffie Easement
Property subject fo SVie terms of this rlgreement.
4, RIGHTS AND OBLIGA"PIONS OP GRAN'PEE. Grantce shall hnve ihe right to access and use theEnsement
Properry• for Grantee's Riverwalk system. The righis and correspondLig obligntions conveyeA by this
Basement are ns foliows:
a. To cstablish within the Easement Area improvements necessaty for the Easemeut Uses. The pa�ties to this
agreemen[recognizeli�eimportanceofpreservingdes'uableviewsoCthearea. Wtienezercisuiglheriglits
conveyed by ihis Basement, Grantee shall take into consideration llte goal ofpreserving desirflble sccuic
views and shal! consult tivitlt TUe Grantor regarding the plans for improvements and lai�dscaping.
b. To lay out, mark, consVUCt, maintein or relocAte facilities necessary for the �aseinent Uses witliin ilte
Easement aie�. Thc initial conshvction of the Riverwalk shall conform in all matcrial tespects with the
plat�s as submitted wi�h the Chapter 30 pennit for this portion of the riverwalk project dated April
201 S.Grantee shall consu It �vith Grantor upon coropletion of 90% pinns, to include landscapting plans, and
regarding any subst�ntial changes to be madc to tlie improvemeuts withii� the Easement area.
a To make n�inor topograpliical changes to the propeiTy wid�in the Easement area for the ttecessity and
convenience of loeating and constructing impro4ements for the Easement Uses.
d. To establish and maiutain appropriate signage within the Easement arca marking tlic trail and providing
directions or other appropriate information in coimection tvith improvements for the Easement Uses.
Grantee shall coi�sult with Gcai�tor regarding sig��age to be erected within tl�e Easement Area.
e. To enter upon the Ezsement nren for all reasonnble and necessary construction, maintennnce, nnd repairof
the improvemeNs ]ocated within the Easement area and related landscaping.
f. TomanagevegetationwithiniheEasementareathroughsclectiveplantuigand/orieuiovalofhees,shmbs,
grasses or other planf species in order io maintain and enhance the Ensement erea.
g. To mai��t�in the Easement area in a good, clean and sauitaiy condition, ftee from waste or litter and any
condition that is offensive Eo the public health, safety or welfare or that coustih�tes a nuisauce.
Grantor hereby namcs Grentee's chicf exwutive officer as its Power ofAttomcy, as provided in the Unifo�m
Power of Attorney for Pinances and Pmperty Act, Cl�apter 244 of the Wisconsin Stntutes, fa• tlie express
limited purpose of completuig �nd executiug nny documents necessary for the application for funding,
including grTnts; and completion ofand application for permits forthe initial construction ormainten�ucc of
�he rivewalk project �vithin tl�is Easement.
S. RIGH1'S RETAINED BY GRANTOR; Except far those rights expressiy eonveycd fo Grantee liereunder,
Grantor reserves to ifself, suecessa's, G�ansferees aud nssigns all riglits arising oirt ofa� related to the owue�ship
or leasing of the Easement Propeity, including without Iimifation, the right to engage in, or perniit or invite
olhers to engage in, all uses of the Easetnent Property lhat are not expressly prohibited herein and that are not
inconsistent with theterms oftl�is Agreemeiu, including, without limitation, the followingeuumerated rights:
n. The riglit to rec�uest that persons leave the Easement Yroperty for Actions ihal consfihrte disorderly eonduct
understatelaworcityordina��ceoraviolationoftlieGrantee's�wisea�dinence. TheGranteereservesits
rights to bring enforcement actious ngainst umvly persons wl�ere appropriate.
b. Grantor shall have tl�e right to iustall, maintTin, repair and replace docks within or adjacent lo lLe
Easement PropeiTy; pe�ovided that, if the docks nre within or attach to Grantee's Easemeni or River�valk in
atty manner that the plans Tnd specifications for the docks are submitted to Grantee Por approv�l, tivl�icli
approval sliall n�t be unreasouably wi[hheld or delayed. Grantor is responsible for all costs relnted ro the
construction, mai��tenance, repair and replacement of any docks instnlled by Grantor.
c. Granfor shall have the right to install, repair, maintain and replace such utilities as may ba reasonably
necessaiy fm Grantor's use of its property and any unprovemen(s constrncted by Gr�nforpursuant to tUis
Agreement.
d. Grantor sh�ll have the right to use the Easement Property for the tnaiutetiance, repair and replacement of
its proper[y and improvaments adjacm�t to the Fasentent PropetTy; provided that Grantor uses the Easemen[
Property in n rensonable manner and is responsible for any damflge to Nie improveme��ts conshucted by
Gr�ntee resulting from the aetivities of Granror or Grantm's employees, agents and contractors. Grantor
shall provideat (eastfive (5} business days notice to Grantee includiug the scope ofthe proposed project,
types and weights of equipment proposed to be used, area fo be used, time limits enticipated for
completion ofwork, and measures to be taken to mioimizc uiterference with Grantee's and the public's use
of Uie Easement Piroperty. Grantor shall not use auy equipment in excess of Grantee's specified weiglrt
limits. Granror sUall cooperate witti Grantee to limit interference with Grantee's aud the publids use oPthe
Easement Property.
6. NEITHER PARTY TO CONS'[RUCT OTHER STRUCTURES WITHIN THE EASEMENT
PROPERTYlSNOW REMOVAL: Neither party shall cause or permit auy shtichires to be placeci in tlie
Easement Property, cxcept for the nnprovemenis authorized by this Agreement. This restriction shall not Ue
inteipreted to preveut temporaiy struehires pinced for approved special events. Neither party shall not cause or
peimit sno�v or other materials to be placed in the Ensement Property.
7. PUTiJRL+ MAINTENA�ICE OF EASEMENT PROPERTY: Grantee shall maintain landscapuig wifhu� the
ETSement PropeRy.
8. LINII7'ATIOD! ON USE OF' LiASEMENT: Except for motorizeA or Uattery propelled personal assistive
moUility devices, public access on, over or across the Ensement Property is limited to access by foot or other
non-motorized means. Use of motor vehicles within the Easement Propc�iy is prohibited, except for motor
vehicles used bp the Grantee or by Grantee's agcnts For pwposes of cousfrucfiou a' maintenatice of tl�e
imptovements �vithiu t0e Easement Property, mainlenauce of the Easement Prope�ty, or for eme[gency flccess.
Cirantor or Grantor's employces, agents, aud contrac[as shal I also have the right to operata mororized vehicles
within ihe &�sement Property for tlie purpose of the maintenance and repair as provided in paragraph 5. d.
above.
9. FEIS. No fees sLall 6e charged for the use ofthe easement by llie general publie., No assessments or cltarges
shall be made against Grantor or Granior's propcity for the construcfion or maiutenauce of the Easement
Property or improvements.
10. NO LiABILITY: It is acla�o�vledged that Wis. Stats. §895.52 is applicab(e to this Easemeut nnd the riglits
gremted herem�der, a��d neither Grantor nur Grantee sl�nll have nny liability to thud pai4ies in connectiou with
this Eesement or tlie use of the Easement Propeily.
1 L USE OF EASEMENT BY OTI-IERS: Tlie Gr�uta� agrees that tLe Grnntee may temporaz�ily assign tlte
constructionaudmaintenaucerig(llsidentifiedhereintoanycoidractor,th'vdparty,orotherperson. Assignees
must detnonstrate to the C�rantee that they have sufficien[ competence and must give adequate assurances that
any work to be perfonned in or around the easement shall be condncted iti T skillfid manner. Assignees mt�st
nlso protect fhe Grni�tor's interest in the easement premiscs to the same e:ctent as if the Grantee �vas itself
perfortning the consh uction or maintenance, Grantee s2�all, upon request of Grantor, require any contrnetors
perfom�'vig work pursuant to this parag,aph fo provide Grantor with writtea documenta�ion of accepfnble
liabilily and �vorkers compensntion insurance coverage.
t2. DEFAULT: Tf eitlier Grantor or Grantee reaso��a61y believes tliat tfie tenns oF this Easemeni have beeu
breached, then ivritten notiCtcation of the alleged breach shall be c(elivered to tfie otlier paity. My party in
brcach shall have sixty (60) dnys to cure nny ectual brcach; provided, liowever, that if the breach cnnuot be
rcasonably cured withiu a Ihi�ty (30) day period, tl�e parry sl�nll not be deemed [o be in default as long as ihe
party convueuces the cuie �vithin the thirty (30) dny period aud diligently pursues the cure to iis completion.
However, Gi�ntee mny immediately remove any object or material w�ich it reasonably believes materialty
interferes with the use of ETSement Property.
(3. TERM: This easement is being gran�ed in perpehiity for public puiposes and uses, both current and future,
wi�hout regflrd to the Grantee's use ofthe easement at any paiticulur lime. All rights, title and privileges herein
granted, including beuefits and burdens, shall rmi with the Iand and shall be binding upon and inure to fhe
benefd ofthe Grantor and Granfee, their respective heirs, execurors, adminishators, successors, assigns, and
legfll representatives.
14. REVERTER In [he event the use of the Rivenvalk is permanently discontinued for any reason, Grantee stiall
execute auy documc�ts required at that time to release this easetnenf and have ail righis revert to Grantor at no
cost to Grantor.
15. EXISTING EASEMENTS: One or more recotded easemeNs may exist which relate to or affect the Easement
Property. This easentent is snbject to all ex isting easements and restrictions of record up to and including the
dete any such easemeuts �re released through a document recorded witlt tite Winnebago County Register of
Deeds.
16. WAIVER: Node(ayorontissioubyanypetlytotliisugreementinexercisinganyriglitorpo�verarisingoutof
any default iuider any of the ternis or conditions of this Agreement shal[ be consh'ueA ns a waiver of tlie rigl�t or
power. A waiver by a party of any offhe obligations ofthe other pTrty shnit not be consh'ned fo be a waiverof
any breacli of airy other terms or co�iditions of �his Ag'eement.
17. INVAL[DITY: Ifa�ty term or condifion oft6is Agreement, m• the application of this Agreemeot to airy person
or circumstance, shall be invnlid or unenForceable, the remainder of this Agreement, ot tlte npplication of the
term or condition to persons or circumstances other tl�an those to wl�ich it is lield invalid or tutenforceable,
sliall rtot be aftected thereby, and each term and condition shall be valid and enforce�+ble to the fiillest extent
permitted by law.
18. AGREEMENT NOT TO BE CONSTRUED AGAINST ANY PARTY. This Agreement is the product nf
negotiation beriveen the parties hereto m�d uo tenn, covenant or provisia� herein or the failure to include a
teno, covenant or pro��ision shal I Ue construed agaiust auy paity hereto solely on the basis thnt one pafly or the
other drafted this Agreement or a�ry terni, covenanf or condilion conteined herein.
19. NO 1'IIIRD PARTY BENEFICIARY: The tenns of this Agreement ure fa tlie bm�efit of the two pai1ies
identified, aud it is not the inteution of citherthe Grantor or Grantee thTt other parties shall acquire nny righfs
to enforce ar benefit fiow ttuough this Agreement.
20. MUNICIPAI. LIABILI"PY: t�othing in this Agrcement is uitended as n waiver ofthe municipality's rigiit or
opportonityto rcly upon the mwiicipal limitatious aud immunities contained �i•ithiu Wisconsin law. Municipnl
immunitics aod limitations include, buf are not limited to, Sections 345.05, 893.80, and 893.83, Wisconsin
S�atutes. Such damnge limits, caps and immunities are inteuded to be preserved and are incorporated into this
agreement and shall govent all disputes, contractu�l or othertt�ise, as tftey apply to tfie numicipality nnd its
agents, officers, and employees.
21. GOVERNING LAW: This Agreement shall be eousVUed and enforced in accordance with the laws of the
State of Wisconsin. Venne for any action regarding �his Agreement shall be the Winnebago County,
Wisconsin, Cironi[ Court or, ifa Pedera( court action, then the appropriate dislxictaud/or branch within which
W imiebago Caunty is located.
22. AU'I'HORIT`Y: The Grantee afHrms that all necessary boards and elected o�cials have approved the
acceptance of this Easement, nnd that the undersigned I�avc tlie anthority to sign this Tgreement on Uelialf of
fheGrautee. Grantoraffirmsthatithastheauthoritywitl�outlimitationtoenteriutothisEasementAgrecmeut.
Tlte unde�igned asse�t and affirn� that they have tltey hnve t(ie attthority tvitliont limitetion to enter into this
Easement Agreemeut on behalf of the Grantor.
23. ADDITIONAL EASEMENTS OVER PROPERTY OR ASS1GN11�NT. Grautee's writteu consent will be
requii�ed 6efore any additional eascmcitt or use of this Easement Property by il�ird paities is granted, Except es
permitted under the tenns of this Easement, Grantee shall not ussig� this easement to e private paity.
IiV \�ITNESS WHEItEOF, said Grantor has hereutHo set liieir hand and sea( the d�y und year fust above
written.
THE MORG A` STRI LC
r�y:
Ciran c naging Member
STA`CE OF WISCONSIiV )
) ss.
WINNEBAGO COUNTY )
Personally came before me ihis L day of� /j���fIS� 2015, the above named Graat Sch�vab, of Tha
Morgan District, LLC., to me I:iiotvn to�ch perso[1 �tihb cxecuted tlie foregoing instrument and aclmowledged the
same, for the purpose herein contained. /
// "� y�'yt/ ,c� �''�E-i,-- <�.i'
Nota Pnbliq Winnebago Cou W)'sconsin7
My Commission expires: ^%� ° � / `/ /
CITY OT OSFIKOSH
t�y:
Mark A. Rohloff, City Manager
I�y:
Pamel� R. Ubrig, City Clerk
S1'A'1'E OF �VISCONSTN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this _ day of , 2015, tl�e above named Mark A. RoUloff and
Pamela R. Ubrig of the Cify of OsUkosh, to me known to 6e such persons who esecuted tho faregoing instrutnent and
acknowledged tlie same, for the putpose herein contained.
NotaryPublic, WinnebagoConnry, Wisconsin
My Caumission expires:
APPROVED AS TO FOAM:
Lynn A. Lorenson, City Atforney
"1'fte undersigned, being the holder of a mortgage against Ihe property identified and described ns "Easement
Propeity" in this easement agreement, consent to the grant ofthe easement set forth above and agee that its interest in
tlie Easemenl Property sltall be subject to Iliis easement.
(print natne ofmoitgagee)
�
(sigiature) (title)
(print name) (print title)
STATE OP tiVISCONSIN )
) ss.
WINNEBAGO COUNTY )
Pe�sonally came before me this day of , 2015, tlie above named
(sigiator) of (moitgagee), to
�ne lu�own to be such perso�s who executed the foregoing inshumeut aud ackuowledged the same, for ihe purpose
herein conteined.
This inshun�ent droRed by:
Atlomey Ly�m A. Lorcnsan
Oshkosh, Wf 54903-1130
Notary Public, Winnebago County, tVisconsin
My Cominission expires:
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EXHI6IT A
�ASED�IENT bESCRII'TION
Part of Lot 1 artd part of Ouflot 1 of Certified Survey Map No. 5748, located in llic SE 1/4 of
Section 23, Township 18 North, Ravge 16 East, City of Oshkosh, Winnebago County,
Wisconsin, and Ueing more particularly described us:
Commencuig at the Southeast corner of said Section 23;
thenceN01°-17'-23"W, along tiie east In�e of said SE 114 of Section23, 749.65 feet;
tlience S88°-51'-18"W, 2718 feet to the Southeast comer of Lot 1 of said Cer[ified Suivey Map
No. 5748;
thence NOl °-O6'-40"GV, along the east line of said Lot 1, 447.67 feet to the Poiut of Begimiutg of
Uvs description;
thence S89°-94'-34"W, 30.42 feet;
theuceNQl°-04'-47"W, 104.33 feef;
tlience I�T32°-07'-28"W, 9.18 feet;
theneeN83°-19'-04°W, 562.97 feet;
thence N06°-�SO'-56"E, 56.67 Feet to the U.S. Harbor Line;
thence S80°-34'-I S"B, along said U.S. FIarbor Line, 595.23 feet to the east line o£ Lot 1 oi said
�Certified Survey Map No. 5748;
thence S01 °-06'-40"E, along said east lot line, 135.91 feet to the Point of Beguuung and the end
of this description.
Containie�g 28,614 square feet, or 0.657 acre.
Description by: Ken Wolf, PLS-14?.1
Ju(y 27, 2015
Project No.: 60289095