HomeMy WebLinkAboutCumberland Court Housing & Oshkosh I1I
III
8284974
Tx:4205851
Easement 17 .5396
Document Number Document Title REGISTER'S OFFICE
WINNE13AGO COUNTY, WI
THIS INDENTURE,made this .95day of Vy\OA 2016, RECORDED ON
by CITY OF OSHKOSH, a municipal corporation, locatet in Winnebago County, 06/15[20 i6 8,58AM
Wisconsin, Grantor, and CUMBERLAND COURT HOUSING COMMISSIONI
CHRISTOPHER LARSON
INC.,a Wisconsin nonstock corporation,Grantee,
WITNESSETH: DEPUTY REGIS ER ®F DEED
IN CONSIDERATION of the sum of One Dollar($1.00)and other good RECORDING FEE 30.00
P
and valuable consideration paid by the Grantee,the receipt of which is hereby Recording Area AGE': 6
acknowledged,the Grantor,its successors and assigns,does hereby give and grant Name and Return Address
unto the Grantee,its successors and assigns,and Grantee accepts,an Easement over, City Attorney's Office
under,and through the land hereinafter described. PO Box 1130
Oshkosh,W154903-1130
1. PURPOSE: The purpose and use by Grantee of the Easement Property
described in this document shall be for a storm seNver easement. 91311840100 & 91313680000
Parcel Identification Number (PIN)
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")as identified in Exhibit A and more specifically described as follows:
A part of Lot Two(2)of Certified Survey Map No. 1181 as recorded in Volume 1,Page 1181
of Winnebago County Certified Survey Maps as Document No.600747 and being located in
the Northeast Quarter(NE%4)of the Northeast Quarter(NE 1/4)of Section Twenty-Eight(28),
Town Eighteen(18)North;Range Sixteen(16)East,City of Oshkosh,Winnebago County,
Wisconsin,containing 180 square feet of land and being described by:
Commencing at the North Quarter Corner of said Section 28;thence N890-30'-48"E 1072.27
feet along the North line of the NE%4 of said Section 28;thence S00°-29'-12"E 330.27 feet to
the Northwest Corner of Lot 172 of the First Addition to Westhaven Subdivision Plat;thence
N89"-05'-28"E 108.27 feet(Recorded as S901-00'-00"E 108.28 feet)along the north line of
said Lot 172;thence N89°-30'-43"E 329.37 feet to a point on the West line of said Certified
Survey Map No. 1181;thence SOO°-19'-45"W(Recorded as SO P-20'-12"W and
S00°-44'-51"W)748.44 feet along the West line of said Certified Survey Map No. 1181 to the
point of beginning;thence S89°-40'-15"E 12.00 feet;thence SOV-19'45"W 15.00 feet;
thence N89°-40'-15"W 12.00 feet to a point on the West Line of said Certified Survey Map
No. 1181;thence NO0°-19'-45"E(Recorded as SO1°-20'-12"W and S00°-44'-51"W)
15.00 feet along said West line to the point of beginning.Being subject to any and all '
easements and restrictions of record.
The Easement Property contains approximately 180 square feet.
Parcel Number;91311840100
3. ACCESS RIGHTS: Grantee shall have the right to access and use the Easement Property for underground storm
water drainage,from Grantee's property located in the City of Oshkosli,Wisconsin,and more particularly described
in Exhibit B,attached hereto(`Benefitted Property").
4. CONSTRUCTION/MAINTENANCE: Grantee shall obtain a work in the Public Right-of-Way permit prior to
commencing any activity with the easement.After initial construct io►>tinstallation,and after any future disturbance of
the surface caused by Grantee's use of the Easement Property,Grantee shall grade and properly restore the Easement
Property surface with Seed Mixture 40 in accordance with Section 630 of the State Specifications,Type A fertilizer,
and urban erosion mat after utility construction. Grantee is responsible for the Easement Property surface until
sufficient vegetative cover has been established.The Department of Public Works will thereafter resume surface
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May 13, 2016
maintenance responsibilities after the surface vegetation has been properly established.
5. INTERFERENCE WITH EASEMENT: The Grantee,its agents or assigns,shall not place,pile,or move snow or ice
on the Easement Property.Prohibited structures or improvements include,but are not limited to,temporary or
permanent building structures,driveways,parking areas,sheds,change in elevations,vegetation except grass,as
specified,or landscaping. Grantee shall be expected to promptly remove any unauthorized materials or objects it is
directly,or inadvertently responsible for locating in the Easement Property. Grantor may remove unauthorized
materials or objects on the Easement Property at Grantee's expense,if Grantee fails to remove these materials or
objects.
6. 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 assignee who demonstrates to the
Grantee sufficient competence and gives adequate assurances that any work to be performed in or around the
easement shall be conducted in a skillful maimer,and that the Grantor's interest in the easement premises shall be
protected to the same extent as if the Grantee was itself performing the construction and maintenance.
7. 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,Grantor may immediately remove or repair the storm sewer and
the connection to the existing yard drain,at Grantee's cost,when it believes that the condition of the storm sewer
materially interferes with the lawful use of the Easement Property and/or poses a danger or hazard to the public.
8. TERM: This Easement is being granted to Grantee in perpetuity,except that the Easement shall be released by the
terms of this Easement Agreement without further notice if Grantee fails to use the Easement for twelve(12)
consecutive months. 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.
9. 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 to be a waiver of any breach of
any other terms or conditions of this Agreement.
10. 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 shalt be valid and enforceable to the fullest extent permitted by law.
1 t. 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 through this Agreement.
12. 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 immunities are intended to be preserved by the Grantor and incorporated into this
agreement by the municipality and its agents,offices,and employees. Such limitations and immunities shall apply to
any dispute related to this agreement,even if the statutory and/or common law limitation is based upon a tort.
13. 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.
14. NOTICES: Any notices required by this Easement shall be in writing and delivered via certified mail,retuni 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 regarding the Easement
Property.
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May 13, 2016
FOR THE GRANTEE:
Cumberland Court Housing Commission,Inc.
c/o Oshkosh Housing Authority,Susan Van Houwelingen
P,O,Box 397
Oshkosh,WI 54903-0397
FOR THE GRANTOR:
City of Oshkosh
c/o Director of Public Works
P.O.Box 1130
Oshkosh,Wl 54903-1130
15, 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 easement 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 easement or use of this easement property
by third parties is granted.
SIGNATURE PAGE(S)FOLLOW
DRAFTED BY:
Attorney David I Praska
Assistant City Attorney
Oshkosh,Wisconsin
3
May 13, 2016
IN WITNESS WHEREOF,said Grantee has hereunto set their hand and sea]the day and year first above written.
GRANTEE
CUMBERLAND COURT HOUSING COMMISSION,INC.
By:Locia�
Susan Van Houwelingen,Authorized Officer
STATE OF WISCONSIN }
)ss.
WINNEBAGO COUNTY )
�
Personally came before me this ' w day of._mp _,2016,the above named Susan Van 4owNe4ingeir,lo me
known to be such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained.
- . CJS
Notary Public,State of Wisconsin
My Commission expires: 09—a4-ZLO\V r,o t t
P,UNO,ty;•
�01ARY
GRANTOR
CITY OF OSHKOSH �'�''`•• • ,•`O •
B �,T�.OF W�S.�'•
By:
tlait ��..
Ma, A.Rohloff,City Man er
Pamela R.Ubrig,City Cler
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY }
Personally came before me this day of ,2016,the above named Mark A.Roliloff and Pamela R.
Ubrig of the City of Oshkosh,to me known to be such persons who executed the foregoing instrument and acknowledged the
same,for the purpose herein contained.
' �..0
Notary Public, State ofVisconsi
My Commission expires: `4
API OVED S TO F M:
Gy:n R.Lorenson,Gi Attorney
4
May 13, 2016
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1 1,
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EXHIBIT MlAJ..
1 A par(of Lot 2,Cartinod Sunny Mals No. I t8 befog locatcd In tiro Notihoas(Q01111 of1110 N❑lthaasl Quarter,80101IT"nly12181tt
I (28),Townslflp Algh(con(18)North,Range SIx(ccn(16)tTA51,City of Oshkosh,Wlnnobago County,WIsconslit,
ttf(4Cd1L1ES R84'-30'-i9,;E 2b90 80' 1184MP.
SEOr10Yxd '" SfGTI01f28 17 VIM U11411Y rASMV? _
lo�a.27' i te�a.as' Fit rhm AgOtIM TO
�csnrhv[Il 11111 '
ICftitltR;FCFTHE Yliy ,� �t
atur,srarxrtss i A r�r r�"9-al,zx r —
170
(Goo=ao'�oo'E)1 r31,
xbs'.-ox'--xe't: tlsn•� n'..as�tt
j I _.toas�'•(1va.xa` , pl SrAD 10, 7'0WEST gm
1 1011
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1 �11tYtttlTfIIIINUlf111111 taClzz- ` r° I
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CRAIGA. :, }� \ � - -;-••rAl£R£Hr frR
t �Yp /VAeAI£C eUnlI 04 4 403
Prtt rrcu,Er11 I+a 4t1Z47 evict
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lurrrfirut;utt►Y� ,�\,,a
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Cf\ cG
I$r00TWi HgORIM811WL'RHASINFINT \
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A pass of Lilt Two(2)of Certified Survey hap No.1181 as fccofdcd
in Voltinie t,Dago 118 r of Winnebago County Cerifficd Survey Mops 9s
Docstnlent No.600747 and b¢ing located Its 1110 NoHTlcast QWA41'(1411114)
of Ilio Nofarmt Quat ter(N9114)of Section TWAIP 31ght(28),Town
13f'b,ccn (IS) Nollb, R01140 Six(cen (16) 211(,City of Oshkosh, Wlwicb3go
County,YYiseoflsln,co111aln1ug 1 SU ssloare feet oCTand alsd being described by: \ `s �,CASLYENY�rR
4CF va 349553
Comntencing at tiro Nortli Quager Corner of said Semon 28; thrneo N891k-36'-48"111 r
1072,27 feet along the North Ifno of tho KIM of said 5C4flOn 281 Unto 5000•29'•12"0
33027 feel to tiro Northwest Corner of Lot 172 of the Virst Addillolt to Wcsltlnven I 1
Subdivislun Pial;them N891.0'28''11(03,27 feet(Recorded as S901•00,4V Ed 108.28 I ��
feel)along,the itorth lino of said Lot 172;ttlenca N893-30'•43"11 329,37 fee(to it pobU
on Ilse West line of said Cerlilled SOrvoy Map No. till; Iheace SOV-191•¢5"LV
(Recwdctl its S010'40'42"W and 50011•44'-5111Y)748A4 feet along the 1Vcfi It 110 of s �,srvn ldi!65
said CefURcd Surva Mli No. 1181 to the int of be rnnln ;11mco 589°•40'15"11
Y p fxs g g � 1 c•±:r+LQ:.}del
12.00 feet; Ihersta S00°•14'•45"W 15.00 feet; Uttino N891•40-f5r'W 12.00 feet to e
point on tha West Line or sold C&fified Survey Map No. 11811 Iltetsce N009-19,451% i
(Recorded as S0V-20'-(2"W gild S00°•44'-51"W)15.00 feet nlong said West Ihte 101h it -
Z.
point of begpinlng.1141118 subj"i to any Otto all�VaYantents ai d tusttic((ons of refrartl, , W vire UTAitY
-EASEMENT DETAIL- � '�' .c�scrzHr xa
CAMPO t•a%950
PD1r+fT i]F' � svutso E07 i6J
�8T:G1NTtIHG
12.00 .
g $100 i0 F>v,Sy r T 16
L
ctichvirw t
FSpen:toV 6, 17 WIPE U1IL1tY
Sc1,ed�n{e7t'C�� CASER£11 W IVES ADOIiIiFr TSI
VESIk'hVEtJ PIAT f
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GRAPHIC SCALE
1 inoh 100 !!, z o
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O Soso 200 —
-MERIDIAN_ MANI MI J0 DAM rffwx 1-14-16 SURVEYED raze
0I15Ro Mlfordfy of rite
r r CITY Of OSS�,05fI,'MSCGgVn
SURVE Cr C}!£[Wf081f ��X nnoec�c�x ti!-�a,pa �a eaT r�tacHnT nYaue
U8774 Re4(one 1 dlflee 920-993-0881 1 1 05fu(O�t, VA 61463
Mtnolho, KT
64052 Faxl ' 920.275-4031 kS1NAt 8486 a-
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Exhibit B
Legal Description of Benefitted Property
Lots One(1)and (2), Certified Survey Map No. 7069 recorded in the Office of the Register of
Deeds for Winnebago County, Wisconsin on March 31,2015, in Volume I of Certified Survey
Maps, page 7069, as Document No, 1709912, located in the City of Oshkosli, Winnebago
County, Wisconsin,
Parcel Nimber: 91313580000
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