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HomeMy WebLinkAbout08. 16-407AUGUST 10, 2016 16-407 RESOLUTION (CARRIED 6-0LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: APPROVE PRIVATE WATER MAIN AGREEMENT WITH MENARDS & WESTOWNE SHOPPES, LLC FOR GOODWILL DEVELOPMENT INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, Menards and Westowne Shoppes, LLC have developed their property located along Westowne Avenue with a private water main that services their properties; and WHEREAS, Menards and Westowne Shoppes, LLC have requested an agreement with the City to allow the property to be subdivided and to allow extension of water service through this private water main to the subdivided property. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to execute and deliver an Agreement with Menard, Inc., and Westowne Shoppes, LLC, for a Private Water Main in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. City a� Oshkosh MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Steven M. Gohde, Assistant Director of Public Works DATE: August 4, 2016 RE: Approve Private Water Main Agreement with Menards & Westowne Shoppes, LLC for Goodwill Development BACKGROUND Westowne Shoppes LLC (Westowne) and Menard, Inc. ( Menard) previously developed their properties with a private water main that services both of their properties. Westowne wishes to sell a portion of their property to Goodwill Industries of North Central Wisconsin, Inc. (Goodwill). Goodwill desires to connect to this private water main, not the public water main within Westowne Avenue. In order for Goodwill to connect to the private water main, clarification and formalization of the easements, responsibilities, and agreements among the parties, including the City, were required. ANALYSIS The agreement allows Goodwill to connect to the private water main and ensures the City stays compliant with Public Service Commission requirements. FISCAL IMPACT There is no fiscal impact to the City. RECOMMENDATIONS I recommend the Common Council approve this private water main agreement. Approved: ���7`�P Jr �����Z✓Ki Mark A. Rohloff City Manager SMG /tlt 1:\ Engineering \Tracy Taylor\ Memos to Mayor & Common Council \ 2016 \ Private W tr Mn Agreement-8- Page 1 of 1 4- 16.do" PRIVATE WATER MAIN AGREEMENT This Private Water Main Agreement ( "Agreement "), executed as of , 2016, is entered into by and among MENARD,INC., a Wisconsin corporation ( "Menard "), WESTOWNE SHOPPES LLC, a Wisconsin limited liability company ( "Westowne "), and, for the limited purposes described below, the CITY OF OSHKOSH (the "City "). RECITALS A. Menard is the sole owner of certain real estate located in the City of Oshkosh, Winnebago County, Wisconsin, which real estate is more particularly described on the attached Exhibit A ( "Menard Parcel "). B. Westowne is the sole owner of certain real estate located in the City of Oshkosh, Winnebago County, Wisconsin, which real estate is more particularly described on the attached Exhibit A ( "Westowne Parcel "). C. Westowne has subdivided the Westowne Parcel into two (2) new parcels by recording a new Certified Survey Map, a copy of which is attached hereto as Exhibit B (the new parcels are referred to in this Agreement as "Lot 1" and "Lot 2 ", individually, a "Lot", and collectively, the "Lots "). The legal descriptions of Lot 1 and Lot 2 are attached as Exhibit A. D. Westowne desires to sell Lot 2 to Goodwill Industries of North Central Wisconsin, Inc. ( "Goodwill "). The sale to Goodwill requires clarification and formalization of the easements, responsibilities, and agreements among the parties with regard to a private water main which is identified on Exhibit C. E. The City is a regulatory body within which the aforementioned three (3) parcels identified on Exhibit A are located and is the body operating the water utility to which the private water main identified in this Agreement is connected. The City is part of this agreement solely for purposes of addressing issues surrounding the private water main as described below. The City's inclusion in this Agreement is limited and is not intended to operate as an approval of any other term of this Agreement, or as a modification of any Statute with which the City must comply or enforce, or any City ordinance, regulation, or administrative standard or approval. AGREEMENT NOW, THEREFORE, Menard and Westowne agree as follows: 1. Menard hereby grants to the Owner of Lot 1 a non - exclusive easement for the installation, use and maintenance of water main lateral in the location shown on the attached Exhibit C. The Owner of Lot 1 shall be responsible for the costs and expenses to install and connect its water lateral to the private water main identified on the attached Exhibit C ( "Private Main ") located on the Menard Parcel, the costs to repair and restore the affected area on the Menard Parcel, and for all future repair and maintenance expenses associated with its lateral. The Owner of 1 hereby agrees to provide to Menard plans for the installation, maintenance, or repair of the water lines located on the Menard Parcel prior to any such work. Menard shall have the right to approve the plans, such approval rights not to be unreasonably withheld. Any exercise of rights under this paragraph shall not cause a disruption or weakening of water service to the Menards store located on the Menard Parcel. During any such exercise of rights, the use of the access drive located on Lot 1 and the Menard Parcel (the "Access Drive ") shall not be material and adversely affected and the water lateral shall be installed by boring underneath the Access Drive and there shall be no open cutting of the Access Drive. Any shut off of water service to the Menard Parcel caused by the installation of the water lateral or maintenance of the Private Main shall occur outside of the normal business hours of the Menards store situated on the Menard Parcel unless prior consent is given in writing by Menard in its sole discretion. Menard shall be responsible for maintaining, repairing, and replacing the Private Main. The costs and expenses incurred in maintaining, repairing, and replacing the Private Main shall be referred to as the "Private Main Expenses ". Menard shall be responsible for fifty percent (50 %) of all Private Main Expenses; the Owner of Lot 1 shall be responsible for twenty -five percent (25 %) of all Private Main Expenses; and the Owner of Lot 2 shall be responsible for twenty -five percent (25 %) of all Private Main Expenses. The Owners of Lots 1 and 2 shall be solely responsible for the costs of installing, maintaining, repairing, and replacing the private water lines, laterals, and meters which serve only each Owner's respective Lot. Within twenty (20) days of being provided with a copy of a paid invoice, the Owner of Lot 1 and the Owner of Lot 2 each agree to reimburse Menard for its share of the Private Main Expenses. Any sum, including interest of twelve percent (12 %) per annum or the maximum rate permitted by law and any collection costs incurred by Menard, not so reimbursed by the defaulting owner shall constitute a lien against such owner's Lot. 2. As required by the City of Oshkosh, Wisconsin statutes, the Public Service Commission of Wisconsin, and all other laws applicable to the City's water utility: (a) Although the Private Main system contains complexities not found with the many private water service lines found in the City, the City will treat the Private Main in the same or similar manner as it treats private service lines leaving public water mains. More specifically, the City will remain responsible only for the public water main and service up to and through the first valve located adjacent to the public main but within the public right -of -way and the owner of the private service, in this case Menard, Westowne or their respective successors, are ultimately responsible for the Private Main after it leaves the first valve. The City is not a party to, nor has an interest in, any agreement that Menard, Westowne or their respective successors in interest, enter into with others for matters including maintenance, repairs, and replacement of the Private Main, or payments for water services provided; (b) Menard, Westowne and Goodwill have installed, or will install valves serving each of the three (3) separate parcels described and depicted on Exhibits A and B. Menard, Westowne and Goodwill, and their respective successors in interest, agree to maintain such valves in service in the future, in the manner required by applicable law. Installation, maintenance and replacement of such valves and any disruption caused by such installation work, is not the City's responsibility and are at the risk, expense and discretion of Menard, Westowne and Goodwill. It is the City's expectation that all private water main issues will be addressed and resolved by the property owners, and the City is not bound by the internal agreements of the property owners. The City shall at all times be allowed to take any lawful action as may be allowed by the Public Service Commission or by any other lawful authority, regardless of whether or not such authority is the subject of City policy at the time this Agreement is executed. The City's consent to this Agreement is not intended to alter or restrict any of its lawful authority. In the event that Menard, Westowne, and Goodwill, and their respective successors in interest, do not (in violation of this Agreement) maintain such valves in service in the manner required hereby, the City may be required under certain circumstances to use the valve associated and located on the Private Main, located within the public right -of -way and attached to the beginning of the Private Main, to turn off water to all users of the Private Main. (c) In accordance with the Declaration of Reciprocal Easements and Restrictive Covenants, recorded with the Winnebago County Register of Deeds on August 29, 2000, as Document No. 1104564, (the "2000 REA "), and with Public Service Commission rules and other applicable laws, rules, and ordinances, the City retains the right to enter the properties on which the Private Main is located, or which are served by the Private Main, for purposes of reading meters, inspecting for leaks, or any other lawful purpose; (d) The City shall not perform any maintenance or repairs on any part of the Private Main. In the event that the City becomes aware of a leak or other problem with the system requiring an interruption of service for some or all of the Private Main, to prevent further unmetered waste and allow repairs, the City will notify the affected owner or owners, or their successor, of the problem and provide an opportunity to isolate the problem within the time permitted by the Public Service Commission code ( "PSC Code ") or other applicable law. The failure or inability to isolate the problem within the City's applicable time period will require the City to interrupt service for all users of the Private Main through use of the valve in the right -of- way. The foregoing notwithstanding, in all cases in which a dangerous condition exists, the City may close the valve in the right -of -way immediately and without notice. All parties agree to make good faith efforts to resolve issues without interruptions of service. In the event water service to the Menard Parcel, or either Lot 1 or Lot 2 is interrupted due to the failure of the Owner of the Menard Parcel, Lot 1 or 2 to so isolate the problem within the time permitted by the PSC Code, the Owner responsible for such interruption hereby agrees to reimburse the Owner of the other parcels for any and all damages to the Owner of the other parcels caused by such interruption. (e) Each Owner agrees that each parcel shall be separately metered in compliance with any applicable ordinances, regulations, or statutes, and each water user shall be separately responsible for payment to the City of any amounts due as a result of each individual parcel's water use. The preceding sentence is intended to apply only to the Property Owners. Failure to timely pay all water bills when due may result in the placement of the unpaid amounts as a lien against the property on the tax bill of the property on which the water meter is located. The City reserves the right to change its enforcement policy in the future to allow disconnection for nonpayment to the extent allowed by the Public Service Commission. In all cases the City may take any action allowed by the Public Service Commission or any other lawful action, regardless of whether or not such authority is the subject of City policy at the time this Agreement is executed. The City's consent to this Agreement is not intended to alter or restrict any of its lawful authority. Such disconnections of service would occur at the valve adjacent to the public water main in the public right -of -way and therefore would affect all users of the private main. In the event water service to the Menard Parcel or to Lot 1 or Lot 2 is interrupted due to the failure of the Owner of the Menard Parcel, Lot 1 or 2 to timely pay its respective water bill, the Owner responsible for such interruption hereby agrees to reimburse the Owner of the other parcels for any and all damages to the Owner of the other parcels caused by such interruption. (f) Each Owner served by the Private Main agrees to indemnify and hold the City of Oshkosh harmless with respect to the repair, maintenance and operation of the Private Main, and shall fully indemnify the City for all claims and costs related to the Private Main. In no circumstance shall the City be responsible for any damages related to the Private Main. The damages as to which the City shall be harmless include personal or property damage, costs or damage related to leakage or water service provided, loss of business, or any related damage; (g) 1n the event of a leak in the Private Main, or in the event of any modification of any statute City ordinance, regulation, or administrative standard or approval with which the City must comply or which the City must enforce, the City may require the installation, at the expense of Menard (divided as described in Section 2 of this Agreement), of a master meter, meter pit and other associated materials and equipment where the Private Main meets the public main. Such requirements shall be imposed only where permitted or required by rules of the Public Service Commission or other applicable law, and in a manner substantially similar to application of such laws or ordinances to other similarly- situated properties. Additional valves and meters may be installed to address the verification of usage, the functionality or flexibility of the Private Main system if Menard, Westowne, Goodwill or their respective successors in interest wish to install such facilities; (h) The terms of this Agreement are not meant to limit, alter, or modify the City's ability to operate its water utility as allowed or required by City rules, statutes, Public Service Commission rules, the City Utility Rate File, or any other applicable laws; (i) The City makes no interpretations, concessions, agreements, or waivers of any other issue or term of this Agreement except as explicitly stated in this agreement. 3. Terms Run with the Land. The terms and conditions of this Agreement shall run with the land and shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective successors and assigns. 4. No Dedication to the Public. Nothing in this Agreement shall be deemed to be a gift or dedication of any portion of the properties described herein to the general public or for any public purpose whatsoever. 5. Amendment and Vacation. This Agreement may not be amended or vacated except by written document executed and acknowledged by the parties hereto, or their successors in interest, and duly recorded in the office of the Winnebago County Register of Deeds. 6. Waiver. Each and every covenant and agreement contained herein shall be for any and all purposes hereof construed as separate and independent and the breach of any covenant by any party shall not release or discharge them from their obligations hereunder. No delay or omission by either party to exercise its rights accruing upon any noncompliance or failure of performance by the other shall impair any such right or be construed to be a waiver thereof. A waiver by any party hereto of any of the covenants, conditions or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach or of any other covenants, conditions or agreements contained herein. 7. Severability. If any term, provision, covenant or agreement contained herein or the application thereof to any person, entity or circumstance shall be held to be invalid, illegal or unenforceable, the validity of the remaining terms, provisions, covenants or agreements or the application of such term, provision, covenant or agreement to persons, entities or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby. 8. Binding Effect. ffect. This Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns. Notwithstanding the foregoing, each party shall be responsible only for the obligations, indemnities, duties, liabilities and responsibilities set forth in this Agreement that accrue during the period of time during which such parry holds fee simple title to the property described herein or portion thereof. Upon conveyance thereof, the party making such conveyance shall be relieved from the obligations, duties, indemnities and responsibilities hereunder arising from and after the date of such conveyance, or as to the portion conveyed, and the successor owner shall become obligated hereunder for all matters arising from and after the date of conveyance. 9. Notices. Any notice, request or other communication required or permitted herein shall be in writing and shall be deemed to be given upon personal delivery or upon being deposited with a nationally recognized overnight courier service or in the United States Mail by certified, registered, or regular mail, return receipt requested, postage prepaid. Such notice, request or other communication shall be addressed as follows: MENARD, INC. 5101 Menard Dr. Eau Claire, WI 54703 Attn: Properties Division CITY OF OSHKOSH c/o Director of Public Works P.O. Box 1130 Oshkosh, WI 54903 -1130 WESTOWNE SHOPPES LLC 631 South Hickory Street Fond du Lac, WI 54935 Attn: Jeff Kowalik Upon the sale of Lot 2 to Goodwill: GOODWILL INDUSTRIES OF NORTH CENTRAL WISCONSIN, INC. 1800 Appleton Road Menasha WI 54952 -3729 Attn: Jacqueline K. Draws, Senior Vice President - Operations 10. No Merger. The parties intend that the interests of this Agreement and the fee ownership of the parcels not merge, even though the interests of Lot 1 and Lot 2 are presently owned by Westowne. 11. Indemnification. The parties hereto each indemnify and save the other harmless from any and all liability, damage, expense, cause of action, suit, claim, or judgment arising out of the failure by any party to timely pay any amounts owed to the City for the use of the Private Main, or failure by any party to maintain its respective portion of the Private Main as required by this Agreement. The City is not a "party" as that term is used in this paragraph. 12. Approvals and Disruption. Menard reserves the right to approve any engineering, civil, or construction plans to allow for connection to the Private Main, prior to any such connection. At no point shall any such connection or connection related construction activities cause disruption or weakening of water service to the Menards store located on the Menard Lot during the Menards store's normal business hours, or damage or disruption of access to the access drive located on the Menard Parcel unless prior consent is given in writing by Menard, in its sole discretion 13. Insurance and Construction Liens. The parties hereby acknowledge that all terms, including the lien release and insurance requirements, contained in the Declaration of Reciprocal Easements and Restrictive Covenants recorded in Winnebago County Register's Office as Document No. 1104564, as subsequently amended, remain in full force and effect and each party remains subject to the requirements contained therein. The City is not a "party" as that term is used in this paragraph. 14. Restoration. The Owners of Lots 1 and 2 hereby agree that in the event of any damage to the Menard Parcel resulting from each Owner's exercise of rights under this Agreement, the damaging Owner shall restore the affected areas of the Menard Parcel to substantially the same condition as existed prior to such exercise of rights. IN WITNESS WHEREOF, the parties have duly caused their authorized representatives to execute and deliver this Easement Agreement effective as of the day, month, and year set forth below. [signature pages to follow] MENARD, INC. By:_ Name: Title: STATE OF WISCONSIN ) ) SS COUNTY ) Personally came before me, this day of ' 2016, the above named, , to me known to be the person who executed the foregoing instrument and acknowledged the same on behalf of Menard, Inc. Notary Public , Wisconsin My commission expires: WESTOWNE SHOPPES LLC BL N ,s � ., ' % KZZU. Title: STATE OF WISCONSIN ) ) SS COUNTY ) Personally came before me, this a lday of , 2016, the above named, J t Yt _ kWk ;'jI k , to me known to be person who executed the foregoing instrumerk acknowledged the same on behalf of Westowne Shoppes LLC. �L r , Notary Public - '��1d a, IA(" , Wisconsin My commission expires: B i!� GOODWILL INDUSTRIES OF NORTH CENTRAL WISCONSIN, INC. By: t� Nam : Ja eline K. Draws Title: error Vice President - Operations STATE OF WISCONSIN ) ) SS COUNTY ) Personally came before me, this 3-7 day of :1U LUj , 2016, the above named Jacqueline K. Draws, Senior Vice President - Operations, to me known to be the person who executed the foregoing instrument and acknowledged the same on behalf of Goodwill Industries of North Central Wisconsin, Inc. Notary Public t4 A 1=�)A(;1-4 (-k j , Wisconsin. My commission expires: Lp - ( - (9 THE CITY OF OSHKOSH By: Name: Mark A. Rohloff Title: City Manager By:_ Name Title: Pamela R. Ubrig City Clerk STATE OF WISCONSIN ) ) SS WINNEBAGO COUNTY ) Personally came before me, this day of , 2016, the above named, Mark A. Rohloff and Pamela R. Ubrig of the City of Oshkosh, to me known to be the person who executed the foregoing instrument and acknowledged the same on behalf of The City of Oshkosh. APPROVED AS TO FORM: Lynn A. Lorenson, City Attorney My commission expires: III] Notary Public , Wisconsin CONSENT OF MORTGAGEE The undersigned Mortgagee, hereby subordinates its mortgage to this Easement Agreement and in an event of a foreclosure, this Easement Agreement shall remain in full force and effect and be binding upon and inure to the benefit of such Mortgagee and subsequent owners or purchasers, whether obtaining their interest by foreclosure, sale or otherwise. First Business j3ank Name: Will Deppiesse Title: Vice President STATE OF WISCONSIN ) SS WINNEBAGO COUNTY ) Personally came before me, this cV day of '2016, the above named Will Deppiesse, Vice President, to me known to be the pe son who executed the foregoing instrament and acknowledged the same on behalf of First Business Bank. This Agreement drafted by and should be returned to: Scott C. Barr McCarty Law LLP 2401 East Enterprise Avenue Appleton WI 54913 it/ 9l -/i<- / % %Notary Public My commission expires: I1 EXHIBIT A LEGAL DESCRIPTION Menard Parcel: Lot One (1) of Certified Survey Map No. 6170 filed in Volume 1 of Certified Survey Maps on Page 6170 as Document No. 1451893; being a part of Lot 4 of Certified Survey Map #4605 and part of Lot 1 Certified Survey Map #3578 located in SW 1/ of the SE 1/ and the NW 1/ of the SE 1/, Section 16, T18N, R16E, City of Oshkosh, Winnebago County, Wisconsin. Westowne Parcel: Lot Two (2) of Certified Survey Map No. 6170 filed in Volume 1 of Certified Survey Maps on Page 6170 as Document No. 1451893; being a part of Lot 4 of Certified Survey Map #4605 and part of Lot 1 Certified Survey Map #3578 located in SW 1/ of the SE % and the NW 1/ of the SE 1/, Section 16, T18N, R16E, City of Oshkosh, Winnebago County, Wisconsin. Now known as: Lot 1 Lot One (1) of Certified Survey Map No. 7099 filed in Volume 1 of Certified Survey Maps on Page 7099as Document No. 1715161; being a part of Lot 2 of Certified Survey Map #6170 located in SW % of the SE 1/ and the NW 1/ of the SE 1/, Section 16, T18N, R16E, City of Oshkosh, Winnebago County, Wisconsin. Lot 2 Lot Two (2) of Certified Survey Map No. 7099 filed in Volume 1 of Certified Survey Maps on Page 7099as Document No. 1715161; being a part of Lot 2 of Certified Survey Map #6170 located in SW 1/ of the SE % and the NW 1/ of the SE 1/, Section 16, T18N, R16E, City of Oshkosh, Winnebago County, Wisconsin. EXHIBIT B CERTIFIED SURVEY MAP NO. 7099 FORM N0, 985 -A P er Stock No. 26273 Certified Survey Map No. 7099 9 - All of Lot 2 of CSM 6170 being part of the Northwest 114 of the Southeast 1 /4, and the Southwest 1/4 of the Southeast 114 of Section 16, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin. e N �1e � ,Op � �1�Na O0 O °' O � n CURVE TABLE Line Radius Chord DlrecBoArc (Recorded As) Length Length Central Angle Ct 1040.00' I N 21.05'08' S 76 °49'52" W 287,41' 15 °50'02" C2 1040.00' ' N 27 °22'44' 58.94' 3 °14'50" C3 1040.00' N 19 °2743' Cam ' 228.4T 12. 35'12" LINE TABLE Line Bearing (Recorded As) Length L1 N 16 °22'11" W I (N16`25'07 'W) 51,43' L2 S 76 °49'52" W (S76 "46'56 -W) 46.18' °�' 00 � 00• \ I I \2L019, 'c (N89 °43'28 "E) J N 89 °46'24" E 279.73' 1 '0 61 Lot 1 Cam ' ress Easement ✓• F 158,818 SF this document) 3.6460 ac (Per � N 85 29'47',E Retention Pond Easement OD 6 Per Doc 1104567 defined 185.19' by this document Ln N �i0I ��O 1 S29'00'09 "E y 108.42' p ° 01 wl r o, N Lot 2 °� � UI to !T .' \ 91,793 SF 3 ch `r iT _ = y� \ `rr3, 2.1073 ac y N/L of the SW 1/4 of °tit � o O �' -- � �q i� the SE 1/4 moo, J U) v ry � w Storm Sewer Easement tai Pkd 2J' (Per this document) S tP Sta'23'02 "E o� oe 24.00' 85 66.18' LEGEND �2 34'02 `N S 8946r23" W Sagg'58" W %" 18" ,00�' 152.02' �^ S 1 °43'27 • x Steel Rebar Q 1.50lbslLF SET r 4. (N89 "E) I cN m c O 3/: Reber Found eZ24'' Lot 1 - ® Chiseled "X" Found CSM 6170 3 U C Masonry (PK) Nail SET a c U Chiseled "X" Set Government Conner South 1/4 Corner . •' ' ` ' Section 16, T18N, R16E o' °o m �� O Recorded As I°o - i`� ° ` (Berntsen Monument) yZ <n L " ~ •` 0 100 200 ' ! /! 1364.13' :1364 12' / N89'3 'W - 331 272gi� y Bearings are referenced to the - - S/L of the SE 1/4 of Section 16- T18N -R16E - ^ assumed to bear N89 "39'31"W ; based on the -_ �'= ' '- _ Survey for: Winnebago County Coordinate System Goodwill Industries • • • • ' "' of North Central Wisconsin, Inc - Davel Engineering & �i_ Environmental, Inc, _ t. = r{ ` 1800 Appleton Road ' ' Menasha, WI 54952 Civil Engirwrs and Land Surveyors -�/ / / % L -ii Z� /� Ho,areuwo a„ Racinesrn i J rtes R. Sehloff�rofessional Land Surveyor No. S -2692 Date Datte:02/2912016 g Menasha, Fax Ph. 991 Fax 920-3 920 330 959 Drafted By: Jlm m Drafted 2/29/20:6 10:52 AM J: \Projects \4395goo \dwg \C7v8 30 \4395CSM.dwg Printed by: Tim Sheet: 1 of =FORM NO. 965 -A ��!'1WIer Stock Mo. 26273 Certified Survey Map No. `--1 O All of Lot 2 of CSM 6170 being part of the Northwest 1/4 of the Southeast 114, and the Southwest 1/4 of the Southeast 1/4 of Section 16, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin. Supplementary Mapping Required by City of Oshkosh in Section 30- 72(D)(2) of City's Municipal Code ® tP o 100 zoo D00� �cl �° c9D o o a D the r16N -R16E 31'W R System LEGEND Catch Basin / Yard Drain — � rc— Underground Fiber Optic A Sanitary Sewer —Sto Sto— Storm Seer '"''--- - Underground Electric —� Underground Gas Line —' T Underground Telephone —w Water Main Q Sanitary MH / Tank / Base Q Storm Manhole Inlet ® Catch Basin / Yard Drain © Water MH / Well A Hydrant WWYOM Light Pole / Signal m Electric Pedestal Qi Telephone Pedestal © CAN Pedestal ® Gas Regulator Loot t CSM 5170 LL C R iD II O (n Dave/ Engineering & e - ' ' ' Environmental, Inc. .�� GvAEngineers end L� j WWYOM rMme lei Rac6u stmel J es R. Sehloff AleneshG, Faixormin Professional Land Surveyor No. S -2692 Date File: 4395CSM.dwg Fb, 920-991-1 866, Fax 920630.9585 Date: 02/29/2016 2/29/2016 10:53 AM J: \Project3\43959oo \dwg \Civil 3D \4395CSM.dwg Prin led by: jam Dra fted of Jim Sheet: 2 of 3 ��F��O,R,�M.. NO. 983 -A YISAE- Stock No. 26273 Certified Survey Map No. `-� O'!:�F�, All of Lot 2 of CSM 6170 being part of the Northwest 1/4 of the Southeast 114, and the Southwest 114 of the Southeast 1/4 of Section 16, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, Surveyor's Certificate I, James R. Sehloff, Professional land surveyor, hereby certify: That in full compliance with the provisions of Chapter 236 of the Wisconsin Statutes and the subdivision regulations of the City of Oshkosh, and under the direction of Westown Shoppes LLC, the property owners of said land, I have surveyed divided and mapped this Certified Survey Map; that such map correctly represents all exterior boundaries and the subdivision of the land surveyed; and that this land is All of Lot 2 of CSM 6170 being part of the Northwest 1/4 of the Southeast 1/4, and the Southwest 1/4 of the Southeast 114 of Section 16, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, containing 250,611 Square Feet (5.7532 Acres) of land , subject to all easements, and restrictions of record. Given under my hand this 25 day of �arr�src. Sehloff, Wisconsin Professional Land Surveyor No. S -2692 Owner's Certificate Westowne Shoppes LLC, a limited liability company duly organized and existing under and by virtue of the Laws of the State of Wisconsin, as the property owner, does hereby certify that we caused the land above described to be surveyed, divided and mapped all as shown and represented on this map. In the presence of: Westown Shoppes LLC 3 —z —� e e Stele of Wisconsin ) W I (i ✓1 ?Gtit' ry )SS County) �q Personally came before me on the day of / I Gt� 20 , the above the property owner(s) to me known to be the persons who executed the foregoing instrument and acknowledge the sa Q No TJ My Commission Expires ry Public, Wisconsin Certificate of Planning Department 04�'ZThis Certified Survey Map has been reviewed by the City of Oshkosh Planning Commission. I n in _ Representative D to I This Certified Survey Map is contained wholly within the property described in the following recorded instruments: the property owners of record: Recording Information: Parcel Number(s): Westown Shoppes LLC Doc # 1128836 91621650400 File: 4395CSM.dwg Date: 08/0512015 8/5/2015 7:54 AM J: \Project: \43959o0\dw9 \C :vtl 3D \4395CSM.dw9 Printed by: jim Dratted By. Jim Sheet: 3 of 3 1715161 REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 06(1312016 9 :06 AM CHRISTOPHER LARSON DEPUTY REGISTER OF DEEDS RECORDING FEE 30.00 PAGES: 4 EXHIBIT C Water Mains/Laterals Sanitary Sewer Lateral Ilill!! Illllfi ° tiz� f ••PO���..0�•P.�O.O iii Falj��� �ppt e 'r9 6a 8 ari . L aslE.➢ is i? = qS I Fit t } .r.a� Ba8Y8 iS p[p' ,SZa C P 'r r { 3�w i 2 . e. ". [� A ZiL F i Q 7��rAL3%CFCW S1 ego if FISHER h ASSOCIATES.LLCi 8.� a €; _ .am +ice M �'� �..oa"c®row�1O06i.o i2 8co F i g �8•� �7���'4� p ¢ a �E f f '� �� �f �� l � s� s� ► {it a p S3 2 g ##'3��a� a 26 ? 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