HomeMy WebLinkAboutSchuler/0614401100n
CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920) 236-5115 FAX (920) 236-5106
LETTER OF TRANSMITiAL
To: Kirk & Amy Schuler
349 Windingbrook Drive
Oshkosh, WI 54904
Attn:
Please find:
❑ Copy of Letter
❑ Meeting Notes
❑ Specifications
� Attached
� Agreement
❑ Photos
❑ Estimates
Date: September 29, 2015
Pro'ect: N/A
From: Carol Marchant, Admin. Assistant
Re: Easement
❑ Under Separate Cover
❑ Amendment ❑ Report ❑ Agenda
❑ Mylars ❑ Change Order ❑ Plans
❑ Diskette ❑ Zip Disk ❑ Other
Quantit Description
1 Cop of Recorded Easement at 349 Windin brook Drive
These are being transmitted as indicated below:
❑ For Approval � For Your Use ❑ As Requested ❑ For Review & Comment
Remarks:
cc: City Clerk (original)
Pubfic Works, Engineering (copy)
City Attorney (copy)
Midwest Loan Services (copy)
�
Documeol Number
Easement
Document Title
�
THIS INDENTURE, made this � day of � , 2015,
by KIRK A. SCHULER and AMY E. SCHULER, collectively, Grantor, and
OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisc
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 assigns, and Grantee accepts, an easement over,
under, and through the land hereinafter described.
1. PLTRPOSE: The purpose and use by Grantee of the Easement Properiy
described in this document shall be for use by Grantee as part of its
storm water management system.
I I III I III) II I) III III
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Tx:4171203
1fi97697
I2EGISTER'S OFFICE
i(UIh[NEBAGO COUNTY, WI
RECORDED ON
09/23(2015 9:31 AM
)ULIE PAGEL
REGTSTER OF DEEDS
REC{�RDING FEE 3�.00
PAC:iE�: 6
RecordinQ Area
Name and Return Address
City Attorney's Office
P.O. Box 1130
Oshkosh, WI54903-1130
90614401100
Parcel Identification Number (PI1V)
2. EASEMENT PROPERTY: The property subject to this easement granted herein shall be over, under, and
through certain tracts of land situated in the City of Oshkosh, Winnebago County, Wisconsin, (`Easement
Property"), identified in Exhibit A, and described as follows:
The West 10 feet of the South 15 feet of Lot 11 in Sawyer Creek Subdivision, in the Sixteenth
Ward, in the City of Oshkosh, Winneba�o County, Wisconsin.
3. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property for, and related
to, Grantee's storm water management system.
4. USE FOR STORM WATER MANAGEMENT SYSTEM: The Grantee will use the easement for a storm sewer and
storm sewer catch basin. Grantee shall have the right to fully use the Easement Property for these purposes as part of
its storm water mana�ement system. The Grantee shall have the ri�ht to access, survey, lay, construct, use, operate,
maintain, repair, replace, relocate, and/or remove storm water sewers and/or storm water drainage facilities.
5. MAINTENANCE: Grantee shall be responsible for maintaining all storm water drainage facilities on and within ti
Easement Property, including the maintenance, repair, and replacement of all storm water facilities located over,
under, and through the Easement Property. The Grantee responsibilities include grading and seeding the Easement
Property, repairs of erosion, and regradin� when necessary. The Grantee's maintenance of the Easement Property,
and the associated storm water facilities, shali be at the Grantee's sole discretion at for the purpose of ensuring that
the storr.: water f cilities ass:,ciated witr, the Easement Prope�� functior. w:thin the City of Osr,l:osh's ove:ull sto;m.
water mana�ement plan(s). The Grantor shall not have any ri�ht of entry to perform any repairs or maintenance
associated with the Easement Praperty that they believe are necessary, except to remedy any issue associated with
paragraph number 6, below, or remove debris before the City has the ability to do so, or except with the express
permission of the Grantee. Grantor shall be responsible for maintaining any surface of the Easement Property.
Grantor's responsibilities do not include repairs which are the result of the Grantee's use of the Easement Property.
INTERFERENCE WITH EASEMENT: Grantor, their heirs, agents, or assib s, shall not interfere in any way with
the Grantee's use of the easement, or install or construct any structures or improvements, landscaping or otherwise,
within the easement. Grantor shall not place, pile, or move snow or ice on the Easement Property. Prohibited new
siructures or improvements include, but are not lunited to, temporary or permanent buildin� structures, driveways,
parkin� areas, sheds, change in elevations, vegetation except grass, landscapin� or fences. Grantor shall promptly
remove any objects, materials, or structures which impede the Grantee's use of the Easement Property or limits the
capacity of the Grantee's storm water drainage system. If Grantor fails to remove these materials or obj ects, Grantee
shall remove them at Grantor's expense. The Grantor shall take reasonable steps to prevent third parties from
interfering in any way with the Grantee's use of this easement.
'une 30, 201 S
�.
7. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the access rights
identified herein to any contractor, third party, or other assignee that will be performing work on the Easement
Property which would otherwise be allowed for Grantee itself to undertake. Grantee shall take reasonable steps to
ensure that the other party sufficient competence and gives adequate assurances that any work to be performed in or
around the easement shall be conducted in a skillful manner, and that the Grantor's interest in the easement premises
shall be protected to the same extent as if the Grantee was itself performin� the construction and 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
thirty (30) days to cure any actual breach. However, Grantee may immediately remove any object or material which
it believes materially interferes with the design of a storm water management facility within the Easement Property.
9. TERM: This easement is being �-anted in perpetuity for public purposes and uses, both current and future, without
regard to the Grantee's use of the easement at any particular time. 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 legal representatives.
10. EXISTING EASEMENTS: The Grantor and Grantee are not aware of any recorded easements which relate to or
affect the Easement Property.
11. WAIVER: No delay or omission by any party to this agreement in exercising any ri�ht 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 Ab eement.
17_. INVALIDITY: If any term or condition of this A;reement, or the application of this A�eement to any person or
circumstance, shall be invalid or unenforceable, the remainder of this A�eement, 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 shali 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 Grantar or Grantee that other parties shall acquire any rights, to enforce or
benefit from, throu�h this Ab eement.
14. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the municipality's right or
opportunity to rely upon the municipai limitations and immunities contained within Wisconsin law. Municipal
immunities and limitations include, but are not Iimited 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 municipality and its agents, officers, and
employees.
15. GOVERNING LAW: This A�reement shall be construed and enforced in accerdance 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 Winneba�o 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
agree to take reasonable measures to keep the other party informed of issues or questions re�arding the Easement
Property.
FOR THE GRANTOR:
Kirk A. Schuler
Amy E. Schuler
349 Windingbrook Drive
Oshkosh, WI 54904
�
June 30, 201 S
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O. Box ll30
Oshkosh, WI 54903-1130
17. AUTHORITY: The Grantee affirms that all necessary boards and elected officials have approved the acceptance of
this Easement, and that the undersib ed have the authority to sign this agreement on behalf of the Grantee. Grantor
aff`u-ms that it has the authority without limitation to enter into this easement agreement. The undersigned assert and
affirm that they have they have the autharity 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
is granted to third parties.
SIGNATURE PAGES FOLLOW
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903-ll30
3
June 30, 201 S
IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written.
HIRK A. SCHU ER
:; �
Kirk . Schuler
AM E. SCHULER
Amy E. c ler
STATE OF WISCONSIN
WINNEBAGO COUNTY
)
) ss.
)
Personally came before me this /°� ��day of �� �Y , 2015, the above named Eric A. Schuler and Amy E. Schuler,
to me known to be such persons who executed the forego' g instrument and acknowledged the same, for the purpose herein
contained. `
No ary Public, State of Wisconsin
My Commission expires: S^� S' / y
CITY OF OSHKOSH
By: li�--- /F` �—�
s�
' M r� A. Rohloff, City Manab
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,_,_ ., ; __
By: ' � ,
Pamela R. Ubri�, City Clerk �
STATE OF WISCONSIN
WINNEBAGO COUNTY
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Personally came before me this �� day of .S�p.�-�-. , 2015, the above named Mark A. Rohloff and Pamela R.
Ubri� of the City of Ost�kosh, to me known to be such persons who executed the foregoing instrument and acknowledged the
same, for the purpose herein contained. f
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Not ry Publi , State of Wisconsin
My Commission espires: � �� -�
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Jz�ne 30, 2015
CONSENT OF MORTGAGEE
The undersib ed, being the holder of a mort�age against the property identified and described as "Easement Property" in this
easement agreement, consent to the �rant of the easement set forth above and a�ree that its interest in the Easement Property shall
be subject to this easement.
STATE OF [,,T� �rnn�i n )
) ss.
Winnebap�o COUNTY )
Personally came before me this 11 th day of
(signator) ofVerve, a Credit Union f/k,
the fore�oin� instrument and acknowledged the sa:
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June 30, 201 S
Verve, aCreditUnion f/k/a
�t-.�a�n�F�x��tsre.riitttnion
(print name of mortgagee)
BY� �j �� � �, n �� �
(signature (tit
Dale 0'Keefe Mt�e Loan Mgr
(print name) (print title)
2015, the above named Dale 0' Keefe
�'np g-agee), to me known to be such persons who executed
�s�erein contained.
ary Public, State of W �I SLv�'1 �' l�'
Commission expires: v'I/ 2'��"�,� (p
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CITY OF OSHKOSH
ENGINEERING DIVISION
FILE NAME: DRAWN:
349 WINDINGBROOK
Storm Eas�mt 4-24'2015
GRAPHIC o 2o ao
SCALE: (IN FEET)
1 INC:H = 4� FF.FT
LOT 'i 1 OF
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(!�!W j'4 � NE �/a SECTI9N 27,
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353
STORM SEWER / DRAINAGE EASEIVIENT
349 VJINDINGBROOK DR
Exhibit