HomeMy WebLinkAboutMorgan District/0900010000/0900010100Dacument Number
Pe���ncc�zent Ecaser�ze�zt Ag�^ee�aaer't
(Morgan District -BoatWorks Property to Inlet)
Document Tit{e
THIS TNAENTURE, made thi� day of � , 2fl15,
by THE MORGAN DISTRIC�', LLC, a Wisconsin Lim' ed Liability
Company, Grantor, and CITY OF OSHI�OSA, a municipal corporation,
located in Winneba�o Gounry, Wisconsin, Grantee,
WIIEREAS, Grantor is the owner of certain reaI property borderin� aIon�
the south shore of the Fox River, located in the City of Oshkash, Wvinebago
County, Wisconsin; ar�d
WHEREAS, Grantor and Grantee desire to construct a pu6lic riverwallc
aIong the Fox River, within the City of Oshkosh; and '
��VF�EREAS, Grantor desires fo convey to Grantee and Grantee desires to
accept an easement across a portion of Grantor's property for the purposes
described below.
WI'TNESSETH:
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11�1111111HII
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Tx:4169656
1696940
R�GTSTER'S OFFICE
WINAIEBAGO COUPITY, WI
FtECORDED ON
{}�/111�oi5 iZ:49 PM
�ULIE PAGE!
REGISTER OF DEEDS
{���CfRDING FEE 3(l.(30
pAfs`�5: d
Recording Area
, - -i..erw.�
Name and Retarn Address
� �V � ���U
�..���s'; , .}'
City tlttorn y's��ffiee f G I�o,{.
Oshkosh, WI 54903-I130
90900010000
90900010100
Parcel identi�catia� �tumber (PIN)
IN CONSIDERATION of ihe suxn of One Doltar ($1, �0) and other good and valuable consideration paid by the Grantee, the
receipt of which is hereby acknowiedged, the Ga'antor, its successors and assi�s, does hereby give and Urantunto the Grantee,
its successors and assigns, and Grrazitee accepts, an easement over, under, and throu�h the Iand hereuiafter described on the
terms and conditions set forth herein.
I. EASEMENT PROPERTY: The easement �-anted hereu� shall be over, .under and thr�ugh certain tracts of land owned
by Grantor and situated in the City of Oshlcosh, Winnebaga County, Wisconsin, ("Easement Property"} descrihed as
fallows:
See Attached Exhibit "A"
2. PLTRPOSE; The purpose and use by Grantee of the Easement P�•operty shall be for use by Grantee as part of its riverrvallc
system, consisting of a seawall, walkway, raiiing, lighting standards, bollards, benches, trash receptactes, sib age and
landscapzcig ("Riverwallc"), incIuding, the rights to construct, preserve and maintain the Easement Property as a riverwalk
for use by pedestrians, and bicycle Eraffic for the benefit of Grantee and the general public. The uses by the public may
also incIude city sponsored ar city pernaitted special events such as art wallcs, wallc/runs and other similar events. The
uses permitted by this paragraph are referred to in this Agreement as "Easement Uses".
3. USE OF BASEMENT PROPERTY: Grantee shall have the non-eYClusive right to access and use the Easement ProperYy
in the manner authorized by this Agreement. Grantor, Grantor's tenants and their respective employees, agents,
conEractors, guests and invitees shall also have the right to use Yhe Easement Properiy subject to the terms of this
A�eement.
4. RrGI-iTS AND OBLIGATIONS �F GRANTEE. Grantee sha[] have the right to access and use the Easament Properiy
for Grantee's Riverwalk system. The rights and corresponding abligations conveyed 6y this Easement are as follows:
a. To estabiish within the Easernent Area improvements necessary for the Easement Uses. The partzes to. this
a� eement recogr�ize the iznportance of presecving desu�able views of the area. When exercising the ri;hts conveyed
by this Easement, Grantee shall take into consideration the goal of preserving desirable scenic views and shall
consult with the Grantor regarc�ing the plans for improvements and landscaping,
b. To tay out, mark, consiruct, maintain or relocate facilities necessary for the Easement Uses within the Easement area.
The initial construction ofthe R.iverwalk shall conform in ali material respacts with the plans as submitted with the
Chaptei• 30 permit for this portic>n of the riverwalk project dated Apri120 ] S.Grantee shalt consuli with Grantor upon
completion of 90% plans, to include landscapting plans, and re�arding any substantial c�anges to be made to the
innprovements within the Easement area.
G
c. To make minar topographical changes to the property within the Easement area for the necessity and convenience of
tocating and constructing improvements for the Easement Uses.
d. `I'o establish and maintain appropriate signage within the Easement area marking the trail and providing directions or
ather appropriate information in connection with improven�ents for the Easement Uses. Granfee shail consult with
Grantor regarding sib age to be erected within the Basement Area,
e. To enter upon Yhe Easement area for alf reasonable and necessary construction, maintenance, and repair of the
improvenaeztts located within tbe Easement area and related landscaping.
f. To manage vegetation wiihin the Basement area throu�h selective pJanting and/or removal of trees, shrubs, grasses or
other plant species in order to maintain and enhance the Easement area.
g. To maintain the Easement area in a good, clean and sanitary condifion, free from waste or litter and any condition
that is offensive to the public heaIth, safety or welfare or that constitutes a nuisance.
Grantor hereby names Grantee's chief executive ofiicer as its Power of Atto�ney, as provided in the Uniform Power of
Attorney for Finances and Property Act, Cl�apter 244 of the Wisconsin Statutes, for the express iimited purpose of
completing and executin� any documents n�cessary for the application for funding, including grat�ts; and completian of
and application for pez-�nits for the initiai construction or maintenance of the rivewalk project within this Basement.
RIGHTS RETAINED BY GRANTOR: Except for those rights expressly conveyed to Grantee hereunder, Graator
reserves to itself, svccessors, transferees and assigns all rights arising out of or related to the ownership or Ieasing of the
Easement Property, including without limitation, the ribht to engage in, or peimit or invite others to engage in, all uses of
the Easement Property that are not expressly prohibiied herein and that are not inconsistent with the terms of this
A�'eement, inctuding, without limitation, t}ie follo�ving enumerated rights;
a. The right to request that persons leave the Easetneni Property for actions that constitute disorderly conduct ttnder
state law or city ordinaace or a vioiation of the Grantee's noise ordinance. The Grantee reserves its rights, to bring
enforcement actions against unruIy persons where appropriate.
b. Grantor shail have the righi to instail, maintain, repair and replace docks within or adjacent to the BasemenE
Property; provided that, if the docks are within or attach to Grantee's Easement ar Riverwaik in any manner that the
plans and specifications for the docks are submitted to Grantee for approval, which approval shall not be
unreasonabiy witht�eld or delayed. Grantor is responsible for aIt costs related Ya the consh�uction, maintenance, repa�r
and replacement of any docks instaIled by Grantor.
c. Grantor shall have the right to install, repair, maintain and replace such utilities as may be reasonably necessary for
Grantor's use of its property and any improvements constructed by Gran£or pursuant to this Ab eement.
d. Grantor shall have the right to use the Easement Property for the maintenance, repair and replacement of its pi•operty
and improvements adjacent to tha Easement Property; provided that Grantor uses the Easement Property in a
reasonabie manner and is responsibie for any damage fo tfte improvements construcEed by Grantee resulting from the
activities of Grantor or Grantor's employees, a;ents anti contractors. Grantor shall provide at least five (5) business
days notice to Grantea including ehe scope of fhe pr�posed groject, types and weights of equipment proposed to be
used, area to be used, time limits anticipated for completion of work, and measures to be taken to minimize
niterference �vith Grantee's and the public's use of the Easement Property. Grantor shall not use any equipment in
excess of Grantee's specif ed weight limits. Ga-antor shali cooperate with Grantee to lztnit inferference wifh Grantee's
and the public's use of fihe Easement Property.
6. NEITHER PARTY TO CONSTRUCT OTHER STRUCTURE5 WITHIN THE EASEMENT PROPERTY/SN�W
REMOVAL: Neither party shall cause or pertnit any sixuctures to be placed in the Easement Property, except for the
improvements authorized by this A�eement. This restriction shall not be interpreted to prevent tempoi�ary structures
placed for approved special events. Neither party shall not cause or perrr�it snow or other materials to be placed in the
Easement Property.
7. FUT(JR� MAINTENANCE QF EASBMENT PROPBRTY; Grantee shall mauitain ]andscaping within the Easernent
Property.
LIMITATION ON USE OF EASEMENT: Except for motorized or battery propelied personaE assisEive mobility devices,
public access ott, over or across the Easement Property is lunited to access by foot or other non-motorized means. Use of
motor vehicles witIvn the Easetnent Property is prohibited, except for motor vehicles used by the Grantee or by Grantee's
agents for purposes of conshvction or maintenance of the 'vnpro�ements within the Easement Property, maintenance of
the Easement Property, or for emergency access. Grantor or Grantor's enaployees, agents, and contractors shall aiso have
the right to operate motorized vehic3es within the Easement Property for #he puz-pose of the maintenance and repair as
provided in para�raph 5. d, aboye..
9. FEES. No fees shall be charged for the use of the easement by the general public. No assessments or cbarges shall be
made a�ainst Gc•antor or Grantor's property for the conshuction or maintenance of the Easement Property or
improvements.
10. NO LIABILITY: Tt is acEcnowledged that Wis. Stats. §595.52 is applicab�e to this Easement and the rights granted
hereunder, and neither Grantar nor Grantee shall 6ave any liability to thirdparties in connection with this Easement or the
use of the Easement Property.
11. USE OF EASEMENT BY OTHERS: The GranYor agrees that the Grantee may temporarily assign the construction and
maintenance rights identified herein to any contractor, third party, or other person. Assib ees must demonstrate to the
Grantee that they have sufficient campetence and must give adequaie assurances that any work to be performed in or
around the easement 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 construction or maintenance. Grantee
shall, upon request of Grantor, require any contractors parforming worlc pursuant to ttus para�aph to provide Grantor
with written documentation of acceptable liability and workers compensation insurance covera�e.
12. DEFATJLT: If either Grantor or Grantee reasonably believes thatthe terms of this Easement have been breached, then
written notification of the alleged breach shalI be delivered to the other party, Any pai�ty iu� breach shall have sixty (60)
days to cure any actual breach; pravided, however, that if Ehe breach caunoi be reasonably cured within a thirty (3 0) day
period, the party shali not be deemed to be in default as long as the parry commences the cure within the thirty (30} day
period and diligently pw�sues the cure to its completion. However, Grantee may immediately remove any object or
material �vhich it ��easonably believes materially interferes with #he use of Easement Property.
13. TERM: "1'his easement is being b anted in perpetuity for public purposes and uses, both current and fuhu•e, without
regard to the Grantee's use of the easement at any particular time. AlI rights, title and privile�es flerein �anted, including
benefits and burdens, shall run with the land and shall be binding upon and inare to the benefit of the Grantor and
Grantee, their respective heirs, executors, administratars, successors, assigns, and tegal representatives.
14. REVERTER. Fn the event the vse of the Riverwallc is permanently discontznued for any reason, Grantee sha31 execute
any documeuts requu•ed at thaE time to release this easement and have all rights revert to Grantor at no cost to Grantor.
15. EXISTING EASEMENTS: One or rnore t'ecorded easements may ea�ist wf7ich reIate to or affect the Easement Property.
This easement is subject to all existing easemenYs and restrictions af record up to and including the daYe any such
easements are released through a document recorded with the Winnebago County Register of Deeds.
16. WANBR: No delay or omission by any party to this aa eement in exercisins any right or.power arising out of any
default under any of the terms or conditions of this Agreement shalt be conshued as a r�raiver of the right or power. A
waiver by a pariy of any of the obligations of the other party shall not be construed to be a waiver of any breacii of any
other terms or conditions of this Agreement.
17. INVALIDITY: If any teim or condition of this Agreement, or the application of this Agreement to any person or
circumstance, shal] be invalid or unenforceable, the remainder of this Agreetnent, or the application of tl�e term or
eondition to persans or cucumstances other tl�an those to which it is held invalid or unenforceable, shall not be affected
thereby, aad each term and condition shall be valid abd enforceable to the fullest extent permitted by law.
18. AGREEMENT NOT TO BE CONSTRL3ED AGAINST ANY PARTY. This Agreement is the product of negotiation
between the parties hereto and no term, covenant or provision herein or the failure to include a term, covenant or
provision shall be consirued against any party hereto soiely on the basis that one party or the other drafted this A�eement
or any term, covenant or condition conYained herein.
19. NO THIRD PARTY BENEFICIARY: The terms of this Ab eement are for the benefit of the two parties identified, and
it is not the intention of either tbe Crrantor ar Grantee that o#her patties shall acquire any rigiits to enforce or benefiY from
throngh this Agreement.
20. MUNICIPAL LTABILITY: Nothing in this An eement is intended as a waiver of the municipality's right or opporhu�►ity
to rely upon the municipal limitations and immuniYies contained within Wisconsin law. Municipat immunities and
limitations include, but are not limited to, Sections 345.05, 893.80, and 8R3.83, Wisconsin Statutes. Such damage limifs,
caps and 'unmunities ara inteaded to be preserved and are incorporated into this agreement and shall �ovei� all disputes,
contractual or otl7erwise, as tliey appIy to the municipality and its agents, officers, and employees.
21. GOVERNING LAW: This A�c'eement shali be construed and enforced in accordance with the laws of the State of
Wisconsin. Venue for any action regai•ding this Agreement shall be l-he Winnebago County, Wisconsin, Cu•cuit Court or,
if a federal court action, then the appropriate district and/or branch wi#hin which Winnebago County is located.
22. AUTHORITY: The Grantee affu�ms that aIl necessary boards and elected o�cials have approved the acceptance ofthis
�asement, and that the undersigned have the authority to sign this agreement on behalf of the Grantee. Grantor affirms
that it has the aathority ��ithout limitation to enter into this Easement A�eezztent. The undersigned assert and affirm that
they have they have the authority without limitation to enter into #his Easement Agreement on behalf of the Grantor.
23. ADDITIONAL EASBMENTS OVER PROPERTY OR ASSIGNMENT. Grantee's written consent will be required
before any additional easement or use of this Easement Property by third parties is granted. Except as perniitted under
the terms of this Easement, Grantee shalI not assib this easement to a private party.
SIGNATLIRE PAGES FOLLOW
4
IN WTTNESS WHEREOF, said Grantor has hereunta set their hand and seal the day and year first abo��e wt•itten:
T R A IS , LLC
B �
Gr t , ana�ing Member
S'Z'ATE OF WISCONSIN )
) ss,
WII�iIVEBAGO COUNTY )
Personally came before me this�'� day of �i1__ ��_ __, 2015, the above named Grant Schwab, of The Morgan
Dist��ict, �,LC., to me known to be such pei•son who ex cuted the faregoins ittstn�nent and aciuio��vledged the same, for the
purpose herein contained. /% �j
l../� �iC �v
Not Public, Winnebago Cou , Wisconsiri
My Commission expires: � / - / % - / '�
CITY �OF 05H�OSFI
By:
� Ma ' . Rohloff', City Ivfanag '
$y: � � �L(� �/�
Pamela R. rig, City Cle Ic
STATB OF WISCONSIN }
) ss.
WTNNEBAGO COLTNTY }
Personally came bafore me this�% �� day of J-1 L9�; !� � r, 2015, the above named Marlc A. Rohloff and pameta R.
Ubrig of the City of Oshkos�t, ta me known to be such persons who executed the foregoing instrument and acknowled�ed the
same, for the purpose herein contained. ��/ r
lit i�1 I��d� €x �.�-\
Notary Fubdic, Winnehago County, Wisconsin
My Coznmission expires: .,2 -/ „2- / `')
AP$1�OVED AS T� FORM:
� �;v �� � ', .
A. Lorens' C ty Attorney
5
CONSENT OF IvIORTGAGEF
"�'l�e uudersigned, being the holdei• of a mort�age against the properiy identified and described as "�sement Propert}�" ut ihis
easeinent a�eement, conseiit to khe grai�t of Fi�e easeme2it set forth aUove and agree that its interest in the Ease�nentProper(y sliall
be subjecY to ttiis easetnent.
�llt���� �c���� U�ti���
(pru�ame of moitgagee) .
By: /�C � �
(s gn�turc) (tltle)
� �n l�� ► V : �.
(priut name) � (print title)
STATE OT' WISCONSIN )
) ss.
WINNEBAGO COiNTY )
Personally came before me ttris �� day of. �u �y , 20 t 5, the above named `$o�nn ���
(sign�tor)of�je��, a GaJ �� u�n.�or (mortgagee}, tomekno►�vtobesuchpersons �vl�oexecuted
the foregoing instrument and acknotvledged ihe sama, for the pwpose herein contained.
�G'�'",,:+—�•.S�MD Notary Pui�lic, W' g unty, Vt�isconsin
' y My Cou�mission expirest �G�' Z� �20 l$
���� �
;► ''�«a, ,� .
����� .
This instrumeat drafled by:
Attorney L)mn A. Lorenson
Oshkosh, VVI 54903-1130
i
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EASEMENT DESCRIPTION
Part of Lot 1 and part of Outlot 1 of Certified Survey Map No. 5748, located in the SE 1/4 of
Section 23, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County,
Wisconsin, and being more particularly described as:
Commencing at the Southeast corner of said Section 23;
thence NOl°-17'-23"W, along the east line of said SE 1/4 of Section 23, 749065 feet;
thence S88°-51'-18"W, 27.1.8 feet to the Southeast corner of Lot 1 of said Certified Survey Map
No. 5748;
thence NO1°-06'-40"W, along the east line of said Lot 1, 583.58 feet to the Northeast corner of
said Lot 1, being a point on the U.S. Harbor line;
thence N80°-34'-18"W, along said north line of Lot l and Outlot 1, 595.23 feet to the Point of
Beginning of this description;
thence S06°-40'-56"W, 56.67 feet;
thence N83°-19'-04"W, 11.47 feet;
thence S66°-54'-08"W, 16.14 feet;
thence S82°-59'-04"W, 24.93 feet;
thence N80°-56'-00"W, 29.23 feet;
thence N67°-59'-55"W, 20.15 feet;
thence N55°-03'-51 "W, 26.84 feet;
thence N80°-59'-19"W, 74.99 feet;
thence S82°-04'-54"W, 139.48 feet;
thence S67°-24'�57"W, 154.19 feet;
thence S23°-20'-07"W, 53.71 feet;
thence S60°-33'-54"W, 44.17 feet;
thence N79°-24'-36"W, 38.13 feet;
thence N25°-00'-13"W, 44.66 feet;
thence N13°-? 0'-51 "E, 197,97 feet;
thence N72°-OS'-29"W, 133.55 feet;
thence N60°-54'-43"W, 115.83 feet;
thence N56°-13'-52"W, 103.44 feet;
thence N33°-46'-08"E, 15.00 feet;
thence N88°-47`-51 "E9 along the north line of said Lot 1, 46.07 feet to the U.S. Harbor Line;
thence S52°-46'-26"E, along said U.S. Harbor Line, 180.34 feet to an angle point in said line;
thence S80°-34'-18"E, along said U.S. Harbor Line, 686.57 feet to the Point of Beginning and the
end of this description.
Containing 72,611 square feet, or 1.667 acre.
Description by: Ken Wolf, PI,S-1421
July 7, 2015
Project No.: 60289095