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Home My WebLink About(PIN) 90600060000 ' Tx94 40213 2 Easement 1680434 REGISTER'S OFFICE DocumeutNumber DoeumeutTitle WINNEBAGO COUNTY, WI RECORDED ON 2015 01/30/2015 8.52 AM 'PIIS INDENTURE,made this 9�� day of Sckhuckr 20*5- by the CITY OF OSHKOSH,215 Church Avenue, Oshkosh, Wisconsin 54901, a 7ULIE PAGEL mtinicipal corporation, Grantor, and WISCONSIN BELL, INC., d/b/a AT&T REGISTER OF DEEDS Wisconsin, 722 North Broadway, Milwaukee, Wisconsin 53202, a Wisconsi Corporation, Grantee, RECORDING FEE 30.00 PAGES: 6 WITNESSETH: Reeordin Area Name and Return Address 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 City Attorney's Office acknowledged,the Grantor,its successors and assigns,does hereby give and grant Oshkosh,WI 54903-1130 unto khe Grantee,its successors and assigns,and Grantee accepts,a non-exclusive easement over,under,and through the land hereinafter described, 90600060000 1. PURPOSE: A non-exclusive easement to construct,repair,modify, Pa reel Identi(icallon Number (PIN) supplement,maintain,operate and/or remove underground facilities for the transmission of signals used in the provision of communication,video and/or information services and/or any other services or uses for which such facilities may be used. 2. EASEMENT PROPERTY: The Easement Property is within a City-owned tract of land described as parts of Lot 19,Block 93,vacated Third Street,and Lots 7& 19,Block 94,in the Plat of the Original Third Ward of the City of Oshkosh,now in the Sixth Ward,located in the NW'/4 of the SE 1/4 of Section 23,Township 18 North Range 16 East,City of Oshkosh,Winnebago County,Wisconsin, The Easement Property is more particularly described as: Easement Property legal description attached as E'xhibltA 3. MAP: A map reflecting the location of the Easement Property is attached as Exhibit B 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 underground 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. a. Grantee's utilities and facilities within the Easement Property shalt be underground unless otherwise explicitly allowed by Grantor and at Grantor's discretion, b. Grantor may begin,or continue,using the Easement Property in any manner it deems necessary or appropriate t 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. c. Grantor may grant additional non-exclusive casements allowing other persons or entities to use the Eascinent Property for public utility purposes to the extent that such additional uses are compatible with Grantee's usc(s) of the Easement 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. 5. MAINTENANCE; a, Grantee shall grade,seed,and otherwise return thesurface of the Easement Property to a condition that is the same of better than that prior to any work Grantee perforans on the..Fmetnent-Propeq-at its owrt expense. E October,31, 2014 1 s ; JUN 10 1()(() �€ 3,3 t ' b. Grantee shall be responsible for maintaining its facilities within the Easement Property,including maintenance, repair,replacement,or removal when appropriate. The Grantee shall,after the initial construction and installation of its facilities,be fully responsible for grading and'restoring the surface of the Easement Property to the same or better condition than it was before the installation. Grantee shall be flrlly responsible for repairing the Easement Property to the extent that it is altered or damaged by Grantee's use of tile,Easement Property. Repairs to the Easement Property 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 withiii this Agreement shall beat 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 digging 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 Agreement, 6. INTERFERENCE WITH EASEMENT: Except as otherwise noted in this Agreement 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. 7. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the construction and maintenance rights identified herein to any contractor,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 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 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. 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 legal 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,or encumbrances related to the Easement Property. Each party is responsible for the current condition of the Easement Property and the title of the Easement Property. ]I. WAIVER: No delay or omission by any party 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 io be a waiver of any breach of any other terms or conditions of this Agreement. 12. INVALIDITY: If any tern 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. October 31, 2014 2 i i 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. Municipal immunities and limitations include,but are not limited to,Sections 345.05,893.80,and 893,83,Wisconsin Statutes, Such damage limits,caps and inununities 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,Wis'conshn,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 agree to take reasonable measures to keep tine other party informed of issues or questions regarding the Easement Property. FOR THE GRANTOR: City of Oshkosh c/o Community Development Director P.O. Box 1130 Oshkosh,WI 54903-1130 FOR THIS GRANTEE: Wisconsin Bell,Inc. e/o Network Right of Way 2005 Pewaukee Rd Waukesha,WI 53188 17. AUTHORITY: The Grantee affirms 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 casement agreement,The undersigned assert and affirm 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 casement or use of this easement property by third parties is granted. SIGNATURE PAGES FOLLOW This instrument dratted by: Attorney David J,Praska Oshkosh,WI 54903-1130 October 31, 2014 3 i 3 IN WITNESS WHEREOF,said Grantor has hereunto set their hand and seat the day and year first above written. CITY OF OSHKOSH ` By; Mar A, off,City Manager By: 51ft ity rkkSTATE OF WIN ) }ss. WINNEBAGO COUNTY } _ Personally came before me this day of _ 1 _._ 20 Y4,the above named Mark A.Rohloff and P#Tela-R-. -UW&of the City of Oshkosh,to me known to be such per ons who executed t c foregoing instrument and acknowledged the same,,for the purpose herein contained, NataryPublic,Wig tebago'tounty,Wisconsin My Commission expires: AP,PIROVED AS TO F . N Lorenson, Attorney WISCONSIN BELL,INC. d/b/a AT&T-Wisconsin �Pre�t&CEO I By: n (print name) (title) STATE OF WISCONSIN ) LjCt(AV1'P}-P-/ )ss. MI1*WJK9&COONTY ) Personally came before me this }it day of JA h 0 h-r 20 ttho above named Ark, i 1-w-) 1.(�• �{4h\- of Wisconsin Bell,Inc.,d/b/a AT&T-Wisconsin,to me known to be such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contaiiCeci, Notary Public,Milwa cee Count,Wiscansin� � (�, � 1 _ My Commission expires: r 1 17 STATE OF WISCONSIN ) )ss. MILWAUKEE COUNTY ) Personally came before me this day f 20 td,the above named,. .-'" 'of Wisconsin Bell,Inc., d/b/a AT&T-Wisconsin,to jne known to be such person wlro execu ed the foregoing-i strument and acknowledged the same,for the purpose lie phi contained. 7 ` Notary Pub lic,i1 14aukee County/Wiiott`sln My ColllmisMon expires: Oetobei-31, 2014 4 EASEMENT EXHIBIT PARTS OF LOT 19, BLOCK 93, VACATED THIRD STREET, AND LOTS 7 & 19, BLOCK 94, ,IN THE PLAT OF THE ORIGINAL THIRD WARD OF THE CITY OF OSHKOSH, NOW IN THE SIXTH WARD, LOCATED IN THE NW 1/4 OF THE SE 1/4 OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN LEGAL DESCRIPTION A strip of land, 10 feet in width, being o part of Lot 19, Block 93, vacated Third Street, and Lots 7 & 19, Block 94, in the Plot of the Original Third Ward of the 'City of Oshkosh, now in the. Sixth Word, located in the NW 1/4 of the SE 1/4 of Section 23, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, being more particularly described as: Commencing of the West 1/4 corner of said Section 23; thence NOO'20'09"W, along the west line of the SE 1/4 of said Section 23, 1373,28 feet to .the. westerly extension of the north right—of—way line of W. 4th Avenue; thence N89'52'02"E, along sold north right--of—woy line, 330.00 feet to the southwest corner of Grantor's property and the Point of Beginning of this description; thence NOO'17'32"W, along the west line of Grantor's property, 311,12 feet to a point on the arc of the curve of the southeasterly line of Lot 2, Certified Survey Mop No. 6574, the radius point of which is locoted northwesterly, 2087,82 feet; thence northeasterly 14.23 feet along the are of said curve of Lot 2, the long chord of which bears N44'22'08"E, 14,23 feet; thence S00'17'32"E, on a line porollel with and 10 feet cost of the west line of Grantor's property, 321.27 feet to the north right—of—woy line of W. 411) Avenue; thence S89'52'02"W, along said north right--of—woy line, 10.00 feet to the Point of Beginning and the end of this description. AE("'0M SSCYYA SS.45`DtCS.,,SSCI SHEET 2 OF 2 k(AY, 2014 Exhibit } CENTER OF SECTION EASEMENT EXHIBIT 23, i.18N., R,16 E, N PARTS OF LOT 19, BLOCK 93, VACATED THIRD STREET, AND LOTS 7 & 19, BLOCK 94, IN THE PLAT OF THE ORIGINAL THIRD WARD OF THE CITY OF OSHKOSH, NOW IN THE SIXTH WARD, LOCATED IN THE NW 1/4 OF THE SE 1/4 OF SECTION 23, TOWNSHIP t8 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, NORTH 15 REFERENCED WINNEBAGO COUNTY, WISCONSIN. � • TO THE WISCONSIN COUNTY COORDINATE SYSTEM, WINNEDAGO COUNTY ZONE. o' r>o' loo' zoo' i SCALE 1'=100' LOT I \ \ \ J \ CSM 5519 LEGEND • 3/4' DIA. REBAR, FOUND X CHISELED 'X', FOUND \ f / LOT 2` SAME OWNERSHIP RIGHT—OF—WAY LINE Cs 5G \4 ! „—PROPERTY PARCEL UNE 1 -- ORIGINAL OR PREVIOUS LOT LINE LOT 2 f,.>><Xy CSM 6109 1 ! EXISTING 10' WIDE i` I �ti UTILITY EASEMENT 16 1e%;j./ LOT 2 CSM 6574 I c?� 4 �I U) j !! E O 0/ 1 �,' �, I zo �� /'S9 .._.._..—..— L = 14.23' VACATED I I ANG 00'23'25" 1 PARCEL �` LC = S44'22'08'W naTo sr. LINE — —�_ __rL4 -------- TAX ------ LOT 2 ! I civ �y TAX I.D. CSAR 2631 i' i I' '� 1 0600060000 1 I 1 s '� s iii 7 li, e s u•:��lo ly If 12 J t f3 iil b I !�'4 !+ = 1� ferry 1 F94 I f5 I f6 , 17 1 f8 I 19 I! - 1 J� "PROPOSED 10' WIDE /so I 21 22 1 23 ' 24 UTILITY EASEMENT , 1i W � J J F 1 I I �co + — N89'52'02"E, .3-30.00- W. 4TH AVE.�sa4's2'azw, ro.DD' lcn 1 Q ARCOM SOUTH 1/4 CORNER, sse K rw v aaQoci+SIM SECTION 23, T.18N., R,i GE. SHEET 1.OF 2 MAY, 2014 Exhibit