HomeMy WebLinkAboutMorgan District/0900010000/0900010100 8/18/2015Permanent Easefnent Agreement .
(Morgan District -- Inlet to Oregon Street)
Document Number
TF�IS INDLNTURE, made this ���day of�" 'r , 2015;
by THE MORGAN DISTRICT, LLC, a Wisconsin imited Liability
Company, Grantor, and CITY OF OSHKOSH, a municipal corporation
located in Winnebago County, Wisconsin, Grantee,
W HEREAS, Grantor is the owner of certain reaI property bordering
along the south shore of the Fox River, located in the City of Oshkosh,
Winnebago County, Wisconsin; and
WHEREAS, Grantor and Grantee desire to construct a public riverwalk
along the Fox River, within the City of Oshkosh; and
i ' III IIIII!III11111
I I � I I i I I� I I I I I
�2s�„s
Tx:4169656
169fi939
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
09/11/2015 12:49 PM
)ULIE PAGE!
RE6TSTER OF DEEDS
REC�RDING FEE 30.00
�AG�S: S
Recordin Area
Name and Return Address f"' �' �" +�
--2iti(i' i1 c:�.
City Attorney's Office t�0 �i� � ��
Oshkosh, WI 54903-1130
WHEREAS, Grantor desires to convey to Grantee and Grantee desires 90900010000
to accept an easement across a portion of Grantor's propet`ty for the 9090001010�
Parcel Identification Number (PIN)
purposes described below.
WI'fNESSETH:
IN CONSIDERATION of the sum of One Dollar ($1.00} and other good and vaIuable consideration paid by the
Grantee, the receipt of which is hereby acknowledged, tl�e Grantor, its successors and assigns, does hereby give and
grant unto the Grantee, its successors and assigns, and Grantee accepEs, an easement over, under, and through the
land hereinafter described on the tenns and conditions set forth herein.
1. EASEMENT PROPERTY: The easement granted herein shall be over, under and throi�gh certain h�acts of
land owned by Grantor and situated in the City of Oshkosh, Winnebago Coanty, Wisconsin, ("Easennent
Property") described as follows:
See Attached Eshibit "A"
2. FURPOSE: "1'he purpose and use by Grantee of the Easement Property shall be for use by Grantee as part of its
riverwalk system, consisting oF a seawall, walkway, railing, lighting standards, bollards, benches, trash
receptac(es, sigEiage and landscaping ("Riverwalk"}, including, the rights to eonstruet, preserve and maintain
the Easement Property as a riverwalk for use by pedestrians, and bicycle h�affic for the benefit of Grantee and
the general public. The uses by the public may also include city sponsored or city peimitted special events
such as art walks, walk/runs and other similai• events. The uses permitted by this paragraph are referred to in
this Agreement as "Easement Uses".
3. USE OF EASEMENT PROPERTY: Grantee shall have the non-exclusive right to access and use the
Easement Property in the manner authorized by this Agreement. Grantor, Grantoi's tenants and their
respective employees, agents, contractors, guests and invitees shall also have the right to use the Easement
Property subject to the terms of this Agreennent.
4. RIGHTS AND OBLIGA'fIONS OF GRANTEE. Grantee shall have the right to access and use the Easement
Property for Grantee's Riverwalk system. The rights and corresponding obligations conveyed by this
Easement are as %llows:
� �U
a. To establish within the Easement Area improvements necessary for the Easement Uses. The parties to this
agreement recagnize the importatice of preserving desirable views ofthe area. When exercising the rights
conveyed by this Easement, Grantee shall take into consideration the goal of preserving desirable scenic
views and shall consulY with the Grantor regarding the plans for improvements and landscaping.
6. To lay out, mark, construct, maintain or relocate facilities necessary for the Easement Uses within the
Easement area. The initial construction of the Riverwalk sha(I conform in all material t•espects with the
plans as submitted with the Chapter 30 permit far this portion of the riverwalk project dated April
2015.Grantee shall consult with Grantor upon completion of 90% plans, to include landscapting plans, and
regarding any substantial changes to be made to the improvements within the Easement area.
c. To make minor topographical changes to the property within the Easement area for the necessity and
convenience of locating and constructing improvements for the Easement Uses.
d. To establish and maintain appropriate signage within the Easement area marking the trait and providing
directions or other appropriate information in connection with improvements for the Easerrient Uses.
Grantee shall consult with Grantor regarding signage to be erected within the Easement Area.
e. To enter upon the Easement area for ail reasonable and necessary construction, maintenance, and repair of
the improvements located within the Easerrtent area and related landscaping.
£ To manage vegetation within the Easement area through selecfive plantu�g and/or removal oftrees, shn�hs,
grasses or other ptant species in order to maintain and enhance the Easement area.
g. To maintain the Easement area in a good, clean and sanitary condition, free from waste or litter and any
condition that is offensive to the public health, safety or welfare or that constitutes a nuisance.
Grantor hec•eby names Grantee's chief executive officer as its Power of Attorncy, as provided in the Uniform
Power of Attorney for Finances and Property Act, Chapter 244 of the Wisc�nsin Statutes, for the expeess
limited purpose of completing and executiug any documents necessaiy for the application for funding,
incfuding grants; and completion ofar►d application for permits for the initiat construction or maintenance of
the rivewalk project within this Easement.
RIUHTS RETAINED BY GRANTOR: Except for those rights expressly conveyed to Grantee hereunder,
Grantor reserves to itself, successors, transferees and assigns all rights arising out of or related to the owneiship
or leasing of the Easement Property, including without limitation, the right to engage in, or permit or inviie
others to engage in, all uses of the Easement Property that are not expressly prohibited herein and that are not
inconsistent with the terms ofthis Agreement, including, without limitation, the following enumerated rights:
a. T'he right to request that pea•sons leave the Easetnen# Property for actions that constitute disorderIy 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 against unruly persons where appropriate.
b. Grantor shall have the right to install, maintain, repair and replace docks within or adjacent to the
Easement Property; provided that, if the docks are within or attach to Grantee's Easement or Riverwalk in
any manner that the plans and specifications for the docks are submitted to Grantee for approval, which
approval shail not be unreasonably withheld or delayed. Grantor is responsible for all costs related to the
construction, maintenance, repair and replacement of any docks installed by Grantor.
c. Grantor shall have the right to install, repair, maintain and replace such utilities as may be reasonably
necessaiy for Grantor's use of its propei•ty and any improvements constrt�cted by G��antor pursuant to this
Agreement.
d. Grantor shall have the right to use the Easement Property for the maintenance, repair and replacement of
its property and improvements adjacent to flie Easement Properiy; provided that Grantor uses the Easement
Property in a reasonable manner and is responsibie for any damage to the improvements consh�ucted by
Grantee resulting from the activities of Grantor or Grantor's employees, agents and contractors. Grantor
shali pro�ide at least five (5) business days notice to Grantee inctuding the scope ofthe proposed project,
2
types and weights of equipment proposed to be tised, area to be used, time limits anticipated for
completion of work, and measures to be taken to minimize interference with Grantee's and the public's use
ofthe Easement Property. Grantor shall not use any equipment in excess of Grantee's speciiied weight
limits. Grantor shatl cooperate with Grantee to limit interference with Grantee's and the public's use of the
Easement Property.
NEITHER PARTY TO CONSTRUCT OTHER STRUCTURES WITHIN THE EASEMENT
PROPERTY/SNOW REMOVAL: Neither party shall cause or permit any structures to be placed in the
Easement Property, except for the improvements authorized by this Agreement. This restriction shall not be
inteipreted to prevent temporary structures placed for approved special events. Neither party shall not cause or
permit snow or other materials to be placed in the Easement Property.
7. FU`I'URE MAINTENANCE OF EASEMENT PROPERTY: Grantee shati maintain landscaping witl�in the
Easement Property.
LIMITATION ON USE OF EASEMENT: Except for motorized or battery propelled personal assistive
mobility devices, public access on, over or across the Easement Property is iimited to access by foot or other
non-motorized means. Use of motor vehicles within the Easement Property is prohibited, except for motor
vehicles used by the Grantee or by Grantee's agents for purposes of construction or maintenance of the
improvements within the Easement Property, maintenance of the Easement Property, or for emergency access.
Grantor or Urantor's employees, agen#s, and cont��actois shali also have the right to operate motorized vehicles
within the Easement Property for the purpose of the maintenanca and repair as pi•ovided in paragraph 5. d.
above.
9. FEES. No fees shall be charged for the use of the easement by the general public. , No assessments or charges
shall be made against Grantor or Grantor's property for the constri�ction or maintenance of the Easement
Property or improvements.
10. NO LIABILITY: It is acknowledged that Wis. Stats. §895.52 is applicabte to this Easement and the rights
granted hereunder, and neither Grantor nor Grantee shalI have any liability to thu•d parties in connection with
ihis Easement or the use of the Easement Property.
11. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Graratee may temporarily assign the
consh�uction aud maintenance rights identifted herein to any eontractor, third party, or other person. Assignees
must demonstrate to the Grantee that they have sufficient competence and must give adequate assurances that
any work to be performed in or around the ease�nent shall be condl�cted in a skillful manner. Assignees must
also pi•otect the Grairtor's interest in the easement premises to the same e,�ctent as if the Gi•antee was itself
performing the construction ar maintenance. Grantee shall, upon request of Grantor, require any contractors
performing work pursuant to this paragraph to provide Grantor with written documentation of acceptable
liability and workers compensation insurance coverage.
12. DBFAULT: If either Grantor or Grantee reasonably believes that the tenns of this Easement have been
breached, then written notification of the alleged breach shall be delivered io the other paiTy. Any party in
breach shall have sixty (60) days to cure any actual breacl�; provided, however, that if the breach cannot be
reasonably cured within a thirty (30) day period, the party shafl not be deemed to be in default as long as the
party commences the cure within the thirty (30) day period and diligently pursues the cure to its completion.
However, Gra�ltee may iminediately remove any object or material which it reasonabfy believes materially
interferes with the use of Easement Property.
13. TERM: This easement is being granted in perpetuity for public purposes and uses, both current and fuhire,
without regard to the Grantee's use of the easement at any particutar time. Alt rights, title and privileges herein
granted, including benefits and burdens, shall run with the land and shall be binding upon and inure to the
benefit of the Grantor and Grantee, their cespective heirs, executors, administrators, successors, assigns, and
tegal representatives.
14. REVERTER. In the event the use of the Riverwalk is permanently discontinued for any reason, Grantee shall
execute any documents required at that time to reiease this easement and have all rights revert to Grantor at no
cost to Grantor.
I 5. EXISTING EASEMENTS: One or more recorded easements �nay exist which relate to or affect the Easement
Property. This easement is subject to ali existing easements and restrictions of record up to and including the
date any such easements ai•e released through a document recorded with the Winnebago County Register of
Deeds.
16. WAIVER: No delay or omission by any parly to this agreement in exercisang any right or power arising out of
any default under any of#he terms or conditions ofthis Agreeinent shall be construed as a waive�• of the rigl�t 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 tenns or conditions of this Agreement.
17. INVALIDITY: If any term or condition ofthis Agreement, ar the application ofthis Agreement to any person
or circumstance, shall be invalid or unenforceable, the remainder of this Agreement, or the application of the
tei•m or condition to persons or circumstances other than those to which it is held invalid or unenforceable,
shall not be affected thereby, and each te�•m and condition shall be valid and enforceabla to the fiillest extent
permitted by law.
l 8. AGREEMENT NOT TO BE CONSTRUED AGAlNST ANY PARTY. This Agreement is the producr of
negotiation between the pai�ties hereto and no te�7n, covenant or provision herein ar the failure to include a
teim, covenant or provision shall be construed against aiiy party hereto sotely on the basis that one party or the
othei• drafted this Agreement or any term, covenant or condition contained herein.
19. NO THIRD PARTY BENEFICIARY: The terms of this Agreeinent are for the benefit of the two parties
identffied, and it is not the intention of either tl�e Grantor or Grantee that other parties shall acquiz•e any rights
to enforce or benefit fc�om through this Agreement.
2�. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the municipality's right or
opportunity to rely upon the municipal limitations and immunities contained within Wisconsin law. Municipal
immunities and lin�itations include, but are not limited to, Sections 345.05, 893.80, and 893.83, Wisconsin
Statutes. Such damage limits, caps and immunities are intended to be preserved and are incorporated into this
agreement and shall govern all disputes, contractual or otherwise, as they apply to the municipaiity and its
agents, officers, and employees.
21. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the
State of Wisconsin. Venue for any action regarding this Agraement shall be the Winnebago County,
Wisconsin, Circuit Court or, if a federal caurt action, then the appropriate district and/or branch within which
Winnebago County is located.
22. AUTHORITY: The Grantee af�cros that all necessary Uoards and elected officials have approved the
acceptance of this Easetnent, and that the undersigned have the authority to sign this agreement on behalf of
the Grantee. Grantor affirms that it has the authority without limitation to enter into this Easement Agreement.
The undei�signed assert and affinn that they have they have the authority without limitation to enter into this
Easement Agreement on behalf of the Grantor.
4
23. ADDITIONAI., EASEMENTS 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 gi•anted. Except as
permitted under the terms of this Easement, Grantee shall not assign this easement to a private party.
written.
TH1
By:
IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above
STATE OP WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally cartte before me this � day of , 2015, the above narrted Grant Schwab, of The
Morgan District, LLC., to me known to be such person executed the foregoing instrument and acknowledged the
same, for the purpose herein contained.
• �_�;
Nota Pubtic, Winnebago Co�� , Wj'�consi�j
My Commission expires: �� � �/ / /
CTTY OF OSHKOSH
BY: �71� lC •��—
` _---I1q . A. Rohloff, �ity- ana er
B� ,� � i ,� .
Pamela R. Uhrig, City Cler
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNT'Y )
Personally came before me this �✓%th day of zrr ,�;z �, 2015, the above named Mark A. Rohloff and
Pamela R. Ubrig ofthe City of Oshkosh, to me known to be such persons who executed the foregoing instrument and
acknowledged the same, for fihe purpose herein contained. �,
.� �'L,C / ��l 7 � �.,
Notary Public, inneba�o County, Wisconsin
My Commission expires: 7- /,� - �' �
,..!•i�� • •7T
1 �� ,
.L �l I.���� . ��,
� � l� ' •
5
CONSBNT OP MORTGAGEE
`Z'he undersigned, being tha liolder of a tnoi�Egage against the property identified aud described ns "Easement
Propei�ty" in this easement agreemenf, consent to tiie grai�t af the easenie��t set forth above and agi�ee that its interest in
the Easement P�'operty sltall be subject to this easemenf,
►
� �".t:.� e. �.i� � 1�>'G�i �-� �,,� v1 i� �'�
(print natne of ntoi�tgagee}
By: ��, (�c �� �� �
�! (signature) (tit18)
� g
'���✓� �i7 � � �� �('-Q �f,��i'G��h �+-
(p��iatt nnme) (print title}
STAT'E OF tiVISCONSIN )
) ss,
WINNEBAGO COUNTY )
Personally came before me this 1g � day of � �s�' , 2015, the above named
, 5'O�r l��l� (signnto�)of Vtr�� � c�CrcJ.l- Vn�on _(moirtgagee},to
me luzowu to be such persons tivho exccutcd the foreg '�g inshument aud a led d the same, for tfie purpose
herei�i contained. �,.w+MN��+,
r��,��$IMO/y s
grr V�� ARY Nota�y Public, Winnc ou Visco►�siii
_ � . ?�� � � My Comti�ission expires: Oc } 2 ( 2 0 � $
s �� G .2s
PU'��'� : 02 �
'•. .% G �`'�
4� ••...•• g a
�'y�qTE OF `�;�a�''•
This instrument draRed by:
Attorncy Ly�m A. Loronson
Oshkosh, Wi 54903-1i30
U
��.mp„1-
�� Y �t�
Ov�i� - �a
4.1
J
Q wwy���
� °.�.�°
U � �p . . , : �
Z�� O O D o
m � ^ � o
'� ? �v>zi°z
�
m O � t`! h f
� ^ N IVNN
z.; �,.�,.;1�
EXHIBIT A
N� 5' f 7'23Yt. 2679.67'
OREGON STREL'T E. LIN�, 5E`t/4, SEC. 23 �
p--�r--- - - - -� ,� -�
� ^ Oz-1 4Z-1 N01'17'Y31Y"'�
7d9,65'
R/W LWE �
�� m
rc� i°^ ZL-1 ^ m m� W`�°
V� p; Na ;-N ZK
u� M -� � �F
��' • � N
M w 1 I u°�i �n
N Q '
y� _ ' J a � W M
WO �O Z� r�
u °zJ o"` o0
N .ZL� U� �:
W
�U y�
� w N
� z
� -� O�
� � h
O W
�
� �
r 'r 2
O � b '�
� J y �
T �
� �
. W
. j $
c- 00
�I � �
�I �
o�� j
. .,
1 J
o � H e O _
�.4 _ E .. Q
o�' N J b y L
Z cQ o o � u o
a�E + ~
�L � - cN��
_ V � N � _
Z= y N N J N h o�
Z mV 'D S "M
p v'�'.� - - ='�z-
� �9i " c w
� �`"- - v�i �a�'-`'c
� U� u _ � G 2 V o u
i s
W
Q ��� � o o.P o�ln'ou�im
� � - � Y uY u y u � � b0
2 0`0� o�tn�-o��4°onh
W � �n` v°�� c
V uyiP �•a��Nn P`
1/1 ON� io NZ'Qy�C���ap'UVQpV
Q p0 � OODM�OiV]Y10�0�`
w a� y°�i i.�C��a333��.ii.i �.i �
9 � �N ��YGMYNDYI���Lri
a ai { L� I� i.4 i i i i � i^ f a
_ -� »'^om$oo°��~o'DG�
t O•• � �, 1 v 1 1 I N 1 I�j ��j QIU
j-'c`o�LuWyo°_L`o[upL' nbobp�. cv
��� �Z� VI �Z ��AZZZSYI ov�i c P
p,e
°pO'���euU°uauu°bu°O g 'c
ta> �� �
n° ouoc°�cY����,���iic�im`
oU
>W �F
Q�
�O
W a N
O 4
^ O t
p� � 3
�
h
�
�
J
� H
� Z
O w
�
O �
aca,i
1 � ; °°
� ,� _ �-��
� i o,' ���
r o ° �) �
�
r � c�
i
�
W3
�w
��
�
I�
� �
O! �
J��
fn � e
U Q�� N
3
�tt��n
o �
Da�yi_
OWZ�O
Oz W Z
KW��� p
i..�rwm �
z
rc�^p7N a
NiV�
N Z
����o �
o_�^ W
Zi'N�N
Z� O
Y �
�
�
Q N oaz
� � ���
z
W m o�N
oZ
� � FQ�
� � a � c=n
a z `��'r
T u1 F vi o
(n � oow
l2J �w0
i-s- Q ° 4 �
O jt] a U V
y a
f � °a
, � o n
a E t j �
�' �� _,
Y�p � '� o
� e
m�•ry S�i
w=� f
6ZN �
!�G w''
AY� v.
0
b
t
W
�
8
F
i
:
8
9
�
J
�
Y
�
EXHIBIT A
EASEMENT DESCRII'TION
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 Oshlcosh, Winnebago County,
Wisconsin, and being more particularly described as:
Commencing at the Southeast corner of said Section 23;
thence NO1°-17'-23"W, along the east line of said SE 1/4 of Section 23, 749.65 feet;
thence S88°-51'-18"W, 27.18 feet to the Southeast corner oiLot 1 0� said Certified Survey Map
No. 5748;
thence NO1°-06'-40"W, along the east line of said Lot l, 447.67 feet to the Poini of Beginning of
this description;
thence S89°-04'-34"W, 30.42 feet;
thence NO1°-04'-47"W, 104.33 feet;
thence N32°-07'-28"W, 9.18 feet;
thenca N83°-19'-04"W, 562.97 �eet;
thence N06°-40'-56"E, 56.67 feet to the U.S. Harbor Line;
tnence S80°-34'-18"E, along said U.S. Harbor Lzne, 595.23 £eet to the east line of Lot 1 af said
Certified Survey Map No. 5748;
thence SO1 °-Ob'-40"E, alang said east lot line, 135.91 feet to the Point of Begii�ning and the end
of this description.
Containing 28,614 square feet, or 0.657 acre.
Description by: Ken Wolf, PLS-1421
July 27, 2015
Projeci No.: 60289095