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Home My WebLink AboutThe Rivers II/Cross Access EasementI : ' Document Number CROSS ACCESS EASEMENT Document Title � SE f� This Easement is made this�� day of'� 2015, by the City of Oshkosh, a Wisconsin Municipal Corporation (City) and River Front Senior Apartments, LLC, a Wisconsin Limited Liability Company. This Easement is being executed by the City of Oshkosh and River Front Senior Apartments, LLC, as the current Property owners of the respective properties, for the purposes of ensuring the completion and maintenance of approved redevelopment plans, continuing orderly development of the redeveloped areas, and protecting public investment in City Property after conveyance to private ownership. I I III I Ili I' IIIIII IIII 8 2 4 2 5 8 1 Tx:4173067 ifi98639 l2EGISTER'S OFFICE VIlINidEBAGO COUNTY, WI RECORDED ON 1�!/05(2015 9:18 AM 7ULIE PAGE! RE�ISTER OF DEEDS F�E��?RDING FEE 30.tJi? Recording Area PAGES: � Name and Return Address City Attorney's Office P O Box 1130 Oshkosh WI 54903-1130 3. Each party offers, and the other accepts, a cross access 90102220000 Easement over and across their respective properties identified 90102300000 in this Agreement according to the terms described in this parce� [dentifcat�on Number (P��) Easement Agreement. 4. The terms of this Easement are a�reed upon in consideration of the mutual covenants, agreements, and reservations contained herein, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged by both parties. 5. This Easement should be read and interpreted as a whole. Paragraphs identified as Covenants or Easements incorporate terms from other paragraphs. Recitals are included in and made part of the terms of this Easement. 6. The City is the owner of the following real property (City Property): Lot 2 of Certified Survey Map 6408, which was recorded with the Winnebago County Register of Deeds as Document Number 1520619 on October 5, 2009. 7. River Front Senior Apartments, LLC is the owner of the following real property (The Rivers): Jzrly 8, 2015 Lot One (1) of CERTIFIED SURVEY MAP NO. 6408 filed in Volume 1 of Certified Survey Maps on Page 6408 as Document No. 1520619; being part of Lots 1 and 2 of CSM 5879 in the South 1/2 ofthe North East 1/4 and the North 1/2 of the South East 1/4 of Section 23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin. Commonly known as 475 Marion Road Both the City Property and The Rivers are part of a former industrial and commercial area within the City of Oshkosh that is and has been the subject of redevelopment by the City of Oshkosh Redevelopment Authority and the City of Oshkosh. The City Property is intended to be further divided and developed into three (3) separate parcels/developments. One section of the City Property is currently being developed as a multifamily apartment building, but remains under construction and has not yet been divided from the whole of the City Property. The second section of the overall City Property that will be developed adjoins The Rivers and is the subject of this cross-access easement (Phase II). This cross-access easement shall apply to only that portion of the City Property referenced as Phase I I and described as follows: [metes and bounds legal description] � 10. Upon further division of the City Property through a future Certified Survey May, this cross access Easement will apply to the description/location of Phase II as identified in the future CSM and shall supersede the property identified in the legal description in paragraph number 8, above. 1 1. The City's approval of the Phase II development included a requirement its outdoor parking lot be connected to The Rivers' parking lot to assist with access to/from public streets, and with proper vehicular circulation through both developments. Those using The Rivers property and the Phase II portion of the City Property shall have full access to the other property's ingress/egess, driveways and drive aisles which will provide a common benefit to both. 12. The terms, conditions, and Covenants identified in this Easement shall attach to The Rivers property and to the Phase II portion of the City Property as described in this Easement, and in the future Certified Survey Map which will identify the final boundaries of the Phase II area of the City Property. Each of the Properties subject to this Easement will receive benefits and burdens from the terms of this Easement. 13. The Cross Access Easement described in this document is non-exclusive and perpetual for the purposes of circulation within the subject properties, and the ingress and egress between the properties and adjacent public streets. 14. Maintenance Common Access Facilities a. Each owner of property subject to this Easement agrees with, authorizes, consents to, and agrees to be responsible for the costs of the maintenance, repair, and replacement of improvements within the areas of common access within their respective properties. The areas of common access for all applicable properties are the driveways and drive aisles within the outdoor parking lots of each Property. b. Each owner's responsibilities may require, at various times and without limitation, the costs of inspections, surveying, engineering, acquiring permits, legal consultations, recording fees, costs for the construction, reconstruction, and repairs, including any paving, re-striping, and removal of snow/ice and debris when necessary. c. Maintenance is to be interpreted broadly to include all work necessary to ensure that the improvements within all areas of common access remain in a good, clean, safe, and serviceable condition at all times, and includes the prompt removal of snow and ice. d. The owners of each property are expected to cooperate with each other regarding the improvements and facilities in the area of common access within their property in the maintenance, repair, replacement, and snow/ice and debris removal. Each property owner authorizes and grants to the other property owner the right to enter the areas of common access and take all necessary steps to ensure that any work necessary is completed in a timely, efficient, and reasonable manner. The costs of such action shall be the responsibility of the property owner failing to perform its required common functions. The entrance and performance of work on another's property must be related to a purpose related to this Easement, and shall not materially interrupt the use of the property unless no other reasonable alternative exists. Reasonable notice shall be provided prior to undertaking action subject to this Easement. In the event a property owner fails or refuses to act within a reasonable time, the remaining properiy owner(s) may also seek any available legal remedy to enforce the terms of this Easement. e. Property owners shall make available all paperwork relating to maintenance, repair, replacement, snow/ice removal, and other work performed that is the subject of an invoice as allowed by this Easement. Those requesting copies shall be responsible for reasonable costs of copying. Ju[y g, 201 S 2 f. Snow and ice shall be removed from the cross access Easement areas in a timely and reasonable manner. Snow and ice may be removed to areas within the property provided the property owner consents, the snow storage does not interfere with the use of the cross access easement area, and the storage does not violate any state or local rules. If snow storage areas are not available, then the snow shall be removed from the Property. 15. Each property owner is responsible for any damage to the cross access easement areas caused by the negligent or willful acts of such property owner or others exercising the easement rights granted to such owner, including without limitation, damage caused by persons or vehicles using these areas of common interest. All such damage shall be promptly repaired by the responsible property owner without charge to the other property owners. 16. Each property owner shall secure and at all times maintain a policy of public liability insurance with an aggregate policy limit of not less than one million and no/100 dollars ($1,000,000.00) providing primary liability coverage for the owner's portion of the areas of common interest and the owner's use of the areas of common interest. 17. Each Lot owner shall exercise the rights granted in this Easement in a reasonable manner and avoid any unnecessary interference with the use of the Areas of Common Access by the other property owners, or tenants, customers, or other guests or invitees of other property owners. The owner of each property shall be obligated to take such actions as may be reasonable necessary to prevent the parking of vehicles or the placement of other temporary or permanent obstructions in the areas of common access. 18. No property owner shall cause or permit the construction or installation of any structures or improvement that would have a material adverse effect on the use of the areas of common access. 19. This Easement may require amendment(s) and modification(s) based upon the City-approved future development of the properties, and/ar the change in local, state, or federal laws. All property owners agree to sign all amendments necessary to carryout the approved plans and/or changes in local, state, or federal laws. This Easement may also be modified or amended for reasons not involving the future development of the any property upon the written consent of all property owners and the City of Oshkosh and the amendments prompt recording with the Winnebago County Register of Deeds. 20. The terms, conditions, and covenants of his Easement, shall be perpetual in term and shall run with the land and be binding upon and inure to the benefit of the owners of The Rivers and the Rivers Phase II portion of the City Property, and their respective successars, transferees and assigns. 21. This Easement shall be interpreted according to Wisconsin Law. Venue of any dispute regarding this Easement shall be Winnebago County, Wisconsin or in a federal court district serving Winnebago County, Wisconsin. SIGNATURE PAGE FOLLOWS This instrument drafted by: Attorney David J. Praska Oshkosh, WI 54903-1130 Jtrly 8, 201 S This Easement is being executed on the day and year first written above. CITY OF OSHKOSH Owner of the City Property gy; � . _ Ma •k A. Rohloff, City Man ger . , , By: �-_ ;� - �-J �� Pamela R. Ubrig, City Cl � The signature of Mark A. Rohloff authenticated this ay of 2015. � The signature of Pamela R. Ubrig authenticated t'�°Yday of , 2015. RIVERFRONT SENIOR APARTMENTS, LLC Owner of The Rivers By: Andrew J. Dumke, Managing Member j 1�" The signature of Andrew J. Dumke authenticated is /� day of �..�ei' , 2015. � July 8, 2015 ... o � �� a: �g �� 3�aF�_-----_ — ^CZlroh 3.Yi�L ctK � 4r—• �� W$ � _ . � � � � � � �� I �\� � � � � c� �� I s�„ QZZY � I �� o f i �� °� � � � � > �� ' � ,) I � e�� I ' � �� 1 � W N�� ; �� ,/_ � �� i i-- o z �^ I � �w� i U � �� i / �� p�� I � / � �� /.� �a t / . � � 0 � 1 / '' �f ❑ � / / q t� , , � � p- �o �� ,/ �� a� RI � � � � �' � �� / �� . )¢�� _ .�_=---�,.�_ I '°''v -- ft � �` k R'�f. � rY • rr I �� 1 /' � ry � 8� � f/�i ,� o��, _ � � 4F� M ,�r/ ' �� . �/ r _ / / S ' 'Y� ,Y � �- - t �'°��`�' -- - / �, .l ��' ` �Ip�<'�b�. �, , --- _ � t. 4 f \ �;� \ �� r 14 I `P �f�� g � t�� I �� t ' � �� `� � � 'hvn a[ �wn) aa-ecot a.vz�cu ,�+ ,/ 'w�� b� � t �� N �� S�� c � �. . <Db �� . � �� ri �6i �� —� ��i _,S9rit M.vz�LloH—� R-o—�"�i91 R �k' 1�nls xoe�pYt` �q — 3,1f,K1oC y — — comt �� _�_g r� RG� ""zr°_0.mr �� °� - ' � � � �ti--�- � `�tittttStutllf�� o \� � J, �� `' " •. 7 �l �f ^� � •• � � O % '\:��',,��OI •�?r _J . .OC CL��N��I,�' •%U =�� •'Q -` :21•. ��'j 'r '••, �,.+•'•• Q- • �ir • t, t�` rf�� f(�� 1 i ti�t�t� � a � a �� . ,��e e � s= y & �� on � ��a �� a B g ��z �� d;�s , ULL� h��N � � � W� � 30 ��s�' 6� ��E�E�� :.Ea {j � g_�S ��7W3°�a�a�� i. �i�Il•�xx � �� `' �. g � � �$ ��$� €� �� c� � � � � q �� qy{ � 3i � �� N 1/�i .O o�a�� w ��'�� i � ' � �� . r �. sz�a� x � � �'�xxu�aa�o }co�H�r��y�r RECORbED OH .�* /��/2?1Q9 SIr28Ali �.�y� • J{1L �E `P' "GEL �� - � � � (� kEGI5TER OF DEEDS � � �E�dRDING FEE 17.00 '�RdHSFER FEE � UF' PAGES , Q 6 \�� . 05�,1�Us J--� � ��ll�it Y �F� � CERTIFIED SURVEY MAP 1dL OF LoF 1 AND LOT 2 OF CEKRFlED SUfNEY IlAP NUAIBF3t 5879. BEING ti PNif oF 71-lE SoUTF( 1/2 OF THE NORiNFJS( 1/4 kND P�ffi oF 7NE NORTH i/2 OF THE SO[!i]IEASi i/f OF SEC710N 23, TOWNSM? 18 NORTH, RN3GE t6 EAS(, F1RS7 WAfip, CjfY OF OSHKOSH, WINNEHAGO COUHTY, WISCANSfN. SURVEYORS CERTIFICATE � � `�i � 0 1 A�coM i035 Kep!erDri•ie Greao eay,1'A 54311 920.SbB.197B Wn•x-aecotn.com tcy�ip4tOim7 6t .LCxt I, Craig D. Hannen, regisEered lond auneyoq hereby certify. 7nat in (ull compliance wittt the ptovislons of ChopEer 236, asctSon 236,34 of Fhe Wisconsln Stotutee, lhe Land Subdivision Ordinonoe ot Winnebago County, and the City of Oshkosh, and under the direetion of the Red�valopmcn�k Authority of the City o( Oshkosh, ownef of sald Iand, 1 have aurveyed, dlvided ond mopped lhe foliowing fond being ofl of Lo( 1 and Lot 2.ot CerFified Survey Map Number 5879. Being a port of fhe Souih 7J2 of fhe korihaast lJ4 and part of the North 1�2 0! the Sovthcosll//. of Seciion 23� To�nahip 18 NorEFy - Ronga T5 Eosf, Fr�t H'ard, City of Oshkosh, Winnebago County. Wiecon�ln, more (ully described ai tollows; Commencing ok the Eost }� comer oF said Sectiop 23� thenee 501'17'26`E along ihe eost line of the Northeosf 1�4 of aaid �ection, 4D3.23 (eeF; thence 586'42�3��W, 64.52 feet to�a point on Ihe we�t righf—of—woy of Jacksoq Slreet and ihe coe4crly line o( Lot i o( C�riitied Surv�y idop Number 5879; thal alno bcing ifie Polnf of Beglnning; fhence olon9 soid right—of—way and the eosteriy Iine o( said loE 1 SOt'2�'37`E, 231.05 feet; thence ofong ihe eosterly line of saiE Lot 1 SBB'35'23'19, 30.00 feef; lhepce continuing olong the easfetiy Ilna of sald Lok 1 SOS'06�42'V, 89,04 feei fo }he souEheost comef o( �oid Lol 1; lhente along Lhe soulhetiy lino of �afd Lof f N65'43'26iy, 656.90 feet: thence N62'10'26'W, 816,83 (eet along lhe eoutherly fine o( sold Lot 1 and the aoufheffy Ilne o! Lot 2 0( Certified Survey,Map Num6ef 5879 to Ehe sovthwe�lerly come� of so�d Lot 2: ihence olong lhe weste�fy line of �oid Lol Z N3T05'00'E, 214.73 .fceE lo Q paint on tho aoutheriy righf—of—woy of Marion Rood ond the northwest corner of sald Lot 2; thenca ofong soid aouEherly riqhl—of—woy S65'46'22'E, 8B6.59 frek thencn eontlnUing a�ong said southe�ly right—of—vray S65"54�10'E, 135.02 leet; thence continutnq along eald noutherly right—o(—k•ey N85'20'29'E, 60.73 (eeF; ih�nce conflnuing olong sold southcriy right—o(—way N88'33'48'�, 194-29 feeE; thenca eontlnu{ng olang �ald souih�rfy right—of—woy 5{,s9 fcet on a curvn to the right having a fadiva of 35.00 feet, vehose ehorE beon 546'25'2i"E� 49.51 feeti 4o a poini on the westeriy, righl^of—way of �ackaon StCeef and tho Point of Beginning. , Soid parcel eantelna 370,65fi squo�e fe�t of 8.509 acres morc of Ie99. Sald parcel ia su6Ject to easements oF reeord. ThaE tha aurt�ey o; sald land vras done undsr my direct �upeh�ieion and the rnop hereon Is a true and occurole represcnlaGon of the ezterio! 6eundari�s ond the divislon 4hereaf. � ``»�1111Y1/!/�! ,�?'�`.�` 9f�/°% o`�'a�`S��Ns��.�'': a C D. HNiSEN 5-2940 ` ''CRASr3• rc�CSrv+m w+o sum�'oR. ' D. — s�e�t zo, 2D09 �,�.: HANSEt1 .� � m�s {s ut oRic��ut surrva� S-2840 _ pOCVAIENf fF THE PAO�cSSI0N+1 � %, APPI-EiON t' ` 5FIJ_ f5 16tPRUtTID IN RED M� � � '•, WI �` SIGNID IN BLUE '�i�`-QN'••••q�"',.•�0�,`" ��ry, Q SUR`��,�� J1�lilittt �h I �+I� �-�� CERTIFIED SURVEY MAP ALL, OF L07 1 hND LOr 2 Op CERTI'rTEO SURVEY F�?P NU�IBER 5879, B�NC ,( p/JZj Of THE SOUTH 1/2 OF jHE NORTHEISi 7/4 Ml0 PAR7 OF THE KORTH 1/2 OF INE SOUTNFJST 1/4 OF SEC710N 23, TOWNSHIP f8 NOKiH, R/,kGE 16 EST, FlRS? WAR�, C(TY OF oSHKOSH, W1HNE9AC0 CAUMY, X75CONSIht. I✓UNICIPAL OWNER�S CERTIFfCATE � Le �J AECOM 1035 Kepla� �m�n Gree� Bay, VJ( Sd31S 920.<68.1976. vn�W.aecom.am � Cc�.i�l! m1.W 6r. ltn� The Redevetopment Aufhori4y of iha City of Oahkosh, a separatt body publle oroanized and ezl=ting under anE by viriue of fhe Lowa of tha Stote of Wi�constn, aa ownet, doea hereby eerUfy that said Aulhority causnd the land de�c�bed ta 6e r�rreyed, dirided, and mapp�d aa rcpruented on fhts mop, In accordance wilh the provialon� of Chapte�.236 0( lhe V/isconsin Statut�� ond the Land Subdivislon Ordinance of the City o( Oshkosh, In Wlness whefeof, (ha naid Rcdevelopmenf Autf�ofily, haa caused ihtse presenta fo be signeQ by Jackson R. F.uu�ey it� Fxetn�ve Elitectoz - � ane counl�ralgned 6y �S �� . 2�``h doy of S�Pteu�r s� �� k�� , ihte ��20� . I Redovelopment Authonty of the Cify of OshY.oah: Joc e n �Kinnry Exe�D(reeto� l r� Thamas Belier � Choirrnan � m of STATE OF WISCONS4N) .:55 • WIkkE0AG0 COIINII� ' Pctsonolly eame befora me thla �� day e( '�p�s 2009 the o(orementiohed reptraentatives of fhe Redcrelopment AUthorily of the Cfty of Oshkosh, known io me to be ihe pereone who exeouted the forgofng instrumenf on ack owledgcd the eam . ' �- V�I��/"' " . t�ofary`Publfe, '/ My,eommisslon ezpires �/�/�� 1lrinehago County, $tafe o( �econsiq ' • i • . . (:f1Y oF OSHKOSH PLANNING C04AFAISSION ' GERTIFlCATf OF APPROVAL � liile Certifled Survey Jdap of part ol the South 1/2 of the Norfhces} 1/4 ond part of lhe No�h 1/2 of [he Sovfheast l/�F in Section 23, �7ownahlp t8 North, Ronge 16 Eost, First Ylnrd, City o! Dahkosh, �nncbogo Ceunfy, k�lsconsln, le hereby approved. ' �� - �Zy-a� . Clt a nq Cornmieolon Dote Repreecntative . � `,',��1Y11Iif/��I', .1� \�S`"'O'�s,fj}' rri y4 �L 'C�G' r �. / /�'' � 9�� ~ E-1,4N5Et�f ' : "CR/19" 0. 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N � t 4 g v � � �� q�N O�� WS . �W� �z� a�r� � Z � 3 c { � e d z 4 r i � Q ! + . , LEGAL DESCRIPTION The Rivers 1.5 Lot Oshkosh, VJI A parcel of land, being a part of Lot 2 of Winnebago County Certified Survey Map No. 6408, located in the NE 1/4 of the SE 1/4 of Section 23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin, being more particularly described as: Beo nning at the Northwest coin.er of said Lot 2 of Certified Survey Map No. 6408, said point being on the southwesterly right-of-way line of Marion Road; Thence S65°-46'-22"E, along said southwesterly righi-of-way line, 238.54 feet; Thence S24°-13'-36"W, 149.48 feet to the beo nning of a curve to the right, having its radius point bearing northwesterly, 290.00 feet; Thence southwesterly 193.16 feet along the arc of said curve, the long chord of which bears S85°-11'-09"W, 189.61 feet to a point on the northeasterly line of Outlofi 1 of Certified Survey Map No. 5879 and the end o£said curve; Thence N62°-10'-26"W, along said northeasterly line of Outlot 1, 72.91 feet to the southwest comer of said Lot 2 of Certified Survey Map No. 6408; Thence N24°-13'-38"E, along the westerly line of said Lot 2, 236.95 feet to the Point of Beginniug and the end of this description; � Contaisung 51,843 square feet, or 1.190 acres of land. LEGAL I�ESCRIP7CION Outlot Adj acent to The Rivers 1.5 Lot Oshkosh, VJI A parcel of land, being a part of Lot 2 of Winnebago County Certified Survey Map No. 6408, located in the NE 1/4 of the SE 1/4 of Section 23, Township 18 North, Range 16 East, First• Ward, City of Oshkosh, Winnebago County, Wisconsin, being more particularly described as: Commencing at the Northwest corner of said Lot 2 of Certified Survey Map No. 6408, said point being on the southwesterly right-of-way line of Marion Roacl; � � Thence S65°-46'-22"E, along said southwesterly right-of-way line, 238.54 feet to the Point of Be�nning of this description; Thence continuing S65°-46'-22"E, along said southwesterly right-of-way line, 20.00 feet; Thence S24°-13'-36"W, 253.21 feet to the northeasterly line of Outlot 1 of Certified Survey Map No. 5 879; Thence N62°-10'-26"W, along said northeasterly line of Outlot 1, 186.14 feet to the beg-inn;ng of a curve to the left, having its radius point bearing northerly 290.00 feet; Thence northeasterly 193.16 feet along the arc of said curve, the long chord of which bears N85°-l�l'-09"E, 189.61 feet; . Thence N24°-13'-36"E, 149.48 feet to the Point of BeG� ning and the end of tl�is description; Containing 11,519 square feet, or 0.264 acre of land. Descriptions by: Ken Wolf, PLS-1421, AECOM � June 25, 2015 Projecf No. 60432283 �� I �!t � c�5