HomeMy WebLinkAboutNorthern Telephone & Data/0103660100_.
Document Number
Ecrsement
Document Title
THIS INDENTURE, made this J day of _� 2015,
by the CITY OF OSHKOSH, ?15 Chnrch Avenue, shkosh, Wisconsin 54901,
municipal corporation, Grantor, and NORTHERN TELEPHONE AND DAT
CORP., 300 North Koeller Street9 Oshkosh, Wisconsin 54903, a Wiscons
Corporation, Grantee,
WITNESSETH:
IN CONSIDERATION of'the sum of One Dollar ($1.00) and other good
and valuable consideration paid by the Grantee, the receipt oF which is hereby
acknowledged, the Grantor, its successors and assigns, does hereby give and grant
unto the Grantee, its successors and assians, and Grantee accepts, a non-exclusive
easement over, under, and through the land hereinafter described.
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i2EGTSTER'S OFFICE
WIHNEBAGO COUNTY, WI
RECORDED ON
fJ9/ 16/Z015 8:47 AM
aULIE PAGEL
REGiSTER OF DEEDS
RECORDING FEE 3Q.Q0
RAG�S: �
RecordinQ Area
Name and Return Address �
City Attorney`s Oftice
P.O. 8ox 1130
Oshkosh, WI 54903-1130
90103660100
PURPOSE: A non-exclusive easement to construct, repair, modify, Parcei rdenr�rcat�oo �vumner (rrN)
supplement, maintain, operate and/or remove underbround facilities for the transmission of signals used in
the provrsion of communication, video and�or information services and/or any other services or uses for
which such facilities may be used. More specifically, the purpose of the Easement is to provide a path for
the Grantee to access the City-owned conduit system under the Fox River. The Grantee's use of the City's
conduit under the Fox River will be pursuant to a separate agreement as may be amended.
EASEMENT PROPERTY: The Easement Property is within a City-owned tract of land across a part of the
5W Y ofthe NE'/4 of Section 23, Township 18, North, Range 16 East, City ofOshkc�sh; W�:u��ebago
County, Wisconsin, with said Easement being more particularly described as:
A strip of land, 10 feet by 120 feet, located in First Ward, City of Oshkosh, per
Leach's Map of 1894, Winnebago County, Wisconsin, and being described as:
Commencing at reference point, as referenced from Recorded CSM #4785 which
is on file with Register of Deeds, Wirulebago County, of beginning Center of
Section 23, thence N. 46°-l6'-27" E. 907.29 feet to point of beginning, thence
N. 41°-19'-12" E. 7.98 feet, thence N. 48°-40'-13" W. 4.45 feet, thence
S. 73°-18'-6" W�. 114.43 feet, thence S. 16°-41'-54" E. 8 feet, thence
N. 73°-18'-6" E. 110.02 feet to point of beginning.
MAP: A map reflecting the location of the Easement Property is attached as E�ibit A and fully incorporated in this
document.
4. EASEMENT: "The Grantor grants, and the Grantee accepts, a non-exclusive easement over, under, and through the
Easement Property to construct, repair, modify, supplement, maintain, operate and/or remove undergound facilities
used for the transmission of signals for communication, video and/or information services and/or any other services
or uses that are part of the Grantee's current business operations.
ly 14, 201 S
a. Grantee's utilities and facilities within the Easement Property shall be underground unless otherwise explicitly
allowed by Grantor and at Grantor's discretion. This prohibition vf surface use does not prevent NTD from
using the surface to mark the location of its facilities upon request of the Grantor, Digger's Hotline, or similar
entity.
b. Grantee shall initially install its facilities through the boring process unless specific approval is obtained from
the Grantor to use a trench method.
c. The Grantee's access boxes for the underground facilities to be installed within the Easement Property shall be
within adjoining public rigl�T-of-way and not within the Easement Property. Grantee shall not use Grantor's
�.
� access boxes for any purpose other than a pass through for its wires and/or cables. For example, Grantee shall
not use Grantor's access box to store extra wire, cable, or other materials or property.
d. NTD shall clearly identify and mark all wires or cables that are in or through the City's access boxes so that it is
clearly distinguishable from other wires and/or cables within or around the access boxes. NTD shall respond
when requested to assist the City or others using the City's access box, adjoining Conduit under the River, or
easement, with identifying, marking, or clarifying NTD's wires or cables or general use of the City's access
boxes and related Conduit and easements. The costs of NTD's responsibilities to identify, mark, and/or clarify
shall be the sole responsibility of NTD.
e. The surface of the Easement is parkland, including grass, ]andscaping, and sidewalks. Grantor's surface
parkland shall remain the superiar use of the Easement Property surface.
f. Grantor may begin, or continue, using the Easement Properiy in any manner it deems necessary or appropriate to
carry out its municipal functions. Any use of the Easement Property by the Grantor that is incompatible with
Grantee's use will require the Grantee to relocate its facilities, at Grantee's expense.
g. Grantor may grant additional non-exclusive easements allowing other persons or entities to use the Easement
Property for public utility purposes to the extent that such additional uses are compatible with Grantee's use(s)
of the F.asement Property at the time of the additional proposed use(s). Grantor will notify Grantee of additional
uses of the Easement Property prior to their construction or installation.
MAINTENANCE:
a. Grantee shall grade, seed, and otherwise return the surface of the Easement Property to a condition that is the
same or better than that prior to any work Grantee performs on the Basement Property at its own expense.
b. Grantee shall be responsible for maintaining its facilities within the Easement Property, including maintenance,
repair, replacement, or removal when appropriate. The Grantee shall initially install its facilities via boring, and
in all cases shall be fully responsible for grading and restoring the surface of the Easemerit Property to the same
or better condition than it was before the installation. Grantee shall be fully responsible for repairing the
Easement Property to the extent that it is altered or damaged by Grantee's use of the Easement Property.
Repairs to the Easement Properiy must leave it in the same or better condition than at the time of the repair or
maintenance commenced. All Grantee's responsibilities to act within this Agreement shall be at Grantee's
expense.
c. All work within the Easement Property that is performed by or under the direction of Grantee, or their
employees, agents, or representatives, shall conform to all requirements for the City of Oshkosh right-of-way
permits, including the televising of any storm sewer or sanitary sewer lines that are bored across.
d. Grantor shall be responsible for all normal and routine maintenance and repairs of the surface of the Easement
Property. Grantor shall notify Grantee and receive Grantee's approval prior to di�ging or otherwise removing
soil and other materials to a depth that is more than two (2) feet below the surface elevation as of the date of this
A�reement.
6. IN'I'ERFERENCE W�TH EASEMENT: Except as otherwise noted in this A�reement regarding potential relocations
of facilities or Grantor's allowed use of the Easement Property, Grantor may install or construct fences, shrubs or
similar vegetation in the Easement Property after providing notice to the Grantee within a period that will allow a
meaningful discussion regarding these potential new installations.
USE OF EASEMENT BY O"THERS: The Grantor agrees that the Grantee may temporarily assign the construction
and maintenance rights identified herein to any contractor, third party, or other persone 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 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.
8. DEFAULT: If either Grantor or Grantee reasonably believes that the terms of this Easement have been breached,
then written notification of the alleged breach shall be delivered to the other party. Any party in breach shall have
sixty (60) days to cure any actual breach. However, Grantee may immediately remove any object or material which it
July 1 �, 2015 2
� believes materially interferes with the design of the communications-related facilities.
9. TERM: This easement is being granted in perpetuity for communications purposes and uses, both current and future,
subject to rerouting, termination, or rerouting terms herein. This Easement shall expire and be vacated if at any time
Grantee no longer retains facilities within the Grantor's adjoining conduit system under the Fox River. It shall be
sufficient for Grantor to file a Notice of Easement Vacation with the Winneba�o County Re�ister of Deeds.
Notwithstanding the foregoing term, the easement may be changed, altered, moved, or modified according to the
terms of this Agreement. All 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 respective heirs,
executors, administrators, successors, assigns, and legai representatives.
10. EXISTING EASEMENTS: Each party retains sole responsibility to undertake any due diligence it deems necessary
to determine the existence of other liens, easements, ar encumbrances related to the Easement Property. Each party is
responsible for t}ae current condition of the Easement Property and the title of the Easement Property.
1 l. WAIVER No delay or omission by any pariy to this agreement 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 other party shall not be construed to be a waiver of any breach of
any other terms or conditions of this Agreement.
l2. INVALIDITY: If any term or condition of this Agreement, 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 the 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 condition shall be valid and enforceable to the fullest extent permitted by law.
13. NO THIRD PARTY BENEFICIARY: The terms of this Agreement are for the benefit of the two parties identified,
and it is not the intention of either the Grantor or Grantee that other parties shall acquire any rights to enforce or
benefit from through this Agreement.
14. 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. Municipa]
immunities and limitations include, but are not limited to, Sections 345.05, 893.80, and 893.83, Wisconsin Statutes.
Such damage limits, caps and irnmunities are intended to be preserved and are incorporated into this agreement and
shall govern all disputes, contractual or otherwise, as they apply to the municipality and its agents, officers, and
employees.
15. 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 Agreement shall be the Winnebago County, Wisconsin, Circuit Court
or, if a federal court action, then the appropriate district and/or branch within which Winnebago County is located.
16. NOTICES: Any notices required 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. In addition to formal notification, both parties
a�ree to take reasonable measures to keep the other party informed of issues or questions regarding the Easement
Property.
FOR THE GRANTOR:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh, WI 54903�ll30
FOR THE GRANTEE:
Northern Telephone and Data Corp.
c/o William K. Miller
300 North Koeller Street
Oshkosh, WI 54903
�z�ty 1=�, aols 3
r 1"). AUTHORITY: "I'he Grantee affrms that all necessary boards and elected officials have approved the acceptance of
this Easement, 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 undersigned assert and
afftrm that they have they have the authority without limitation to enter into this easement agreement on behalf of the
Grantor. Grantee's written consent will be required before any additional easement or use of this easement property
by third parties is grantede
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903-1130
Jz�ly 14, 2015
SIGNATURE PAGE FOLLOWS
4
� . IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written.
� CITY OF OSHKOSH
sy: �
�
� 1VI'a c A. Rohloff, C—i�-AQan eer
:
Pamela R. Ubrig, City
STATE OF WISCONSIN )
) ss.
WiNNEBAGO COCJr1TY )
Personally came before me this "!-,_ day o�
Ubrig, to me known to be such persons who executed
herein contained. ,
Notary
My Co
APP OVED AS TO F RM:
r ll�--
. Lorenso Cj Attorney
"��15, the above named Mark A. Rohloff and Pamela R.
ing instrument and acknowledged the same, far the purpose
NORTHERN TELEPHONE AND DATA CORP.
.i'.._
By:
William K. Miller , President & CEO �
STATE OF WISCONSIN )
) ss.
MILWAUKEE COUNTY ) �
Personally came before me this day of�
such person who eYecuted the foregoing instrument
0
i�the above named William K. Miller, to me lcnown �Co be
the sy�e, for the purpose herein contained.
Notary publ�c.�State �e1f �`
My Commiss n expires:
���ly 14, 2ols s
�� �
Northe�n Telephone & Da��.
300 N. I�oeller°, Oshkosh, WI 54902
EXNIBIT i
Lf�CATI�N �iAP
� EASEIYIENT AREA
Pepare by: Kevin J. Parris
Projeci Engincer
Ka�itan Engineeririg, Inc.
D ate: 6/17/z015
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