HomeMy WebLinkAboutWallace & Audrey Wagner & Oshkosh II
Easement 8 Tx$4205848 9
Document Number Document rifle
1715395
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
THIS INDENTURE,made this t day of MALI ,2016, RECORDED gra
by WALLACE W. WAGNER and AUDRGY R.WAGNER,collectively,Grantor, 06/15/2016 8`54 AM
and CITY OF OSHKOSH,a municipal corporation, located in Wirtnebago County, CHRISTOPHER LARSON
Wisconsin,Grantee, DEPUTY REGISTER OF DEEDS
WITNESSETH:
RECORDING FEE 30.00
IN CONSIDERATION of the sum of One Dollar($1.00)and other good Recording Area "
and valuable consideration paid by the Grantee the receipt of which is hereby
Nume and Return Adtress
City Attorney's Office
acknowledged,the Grantor, its successors and assigns,does hereby give and grant PO Box 1130
unto the Grantee, its successors and assigns,and Grantee accepts,an easement over,,J Oshkosh,Wf 54903-1130
under,and through the land hereinafter described. c. "-c (;-
1. PURPOSE; The purpose and use by Grantee of the Easement 91608510000
Property described in this document shall be for use by Grantee for 91608520000
the installation and use of traffic control poles,signals,wiring,and Pal•cel ldcttliiientlon Number (PIN)
appurtenances,as well as tho installation and use of public sidewalk as necessary to utilize any traffic control
features that may be located on the traffic control poles.
2, CONSIDERATION: The parties agree that a material consideration for this Agreement is the Grantor will
be providing Grantee with the full benefit of use of the Easement Property as described herein in return for
the Grantee's initial installation,at Grantee's cost,of new traffic signals and conduit within the Easement
Property,and new sidewalk in the right-of-way adjacent to the Easement Property at Grantee's initial cost.
The size, location, and construction, including the timing of construction,shall be.at the sole discretion of
the Grantee. Both parties agree that after the initial installation of the adjacent sidewalk,all filtu e
maintenance,repair,and replacement of the sidewalk shall be the financial responsibility of the Grantor,its
successors and assigns pursuant to all relevant codes,rules,and statutes pertaining to sidewalks within the
City of Oshkosh.
3. EASEMENT PROPERTY: The property subject to this Easement Agreement granted herein shall be over,
under,and through certain tracts of land situated in the City of Oshkosh, Wllmebago County,Wisconsin,
(`Easement Property")as identified in Exhibit A,attached,and more specifically described as follows:
Part of two(2)parcels of land being part of the SE 114 of the NW 1/d of Section 15,
T18N,R16.E, 16111 Ward,City of Oshkosh, Winnebago County,Wisconsin, and
being described as follows:
The southerly 5.0 feet of the westerly 25.0 feet of Lot 6 Block 100 Leach's Map
and the southerly 5.0 feet of the easterly 42.0 feet of Lot 7 Block 100 Sturtevants
Subdivision.
Easement is approximately 295.0 square feet in area.
Part of Two(2)Parcels on the north side of Oshkosh Avenue at North
Westfield Street, both are currently undeveloped and without street addresses
4. CONSTRUCTION ACCESS: The Grantee shall have the right to temporarily access and use a uniform strip of
property five(5)feet in width within Grantor's parcels#091608510000 and#91608520000,directly adjacent to the
Easement Property for initial construction and future maintenance and repair purposes. The Grantee shall have the
right to use this property only for construction and maintenance purposes,and only for periods reasonably necessary
to complete each construction and/or maintenance project. Constnretiori and maintenance access shall include the
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initial construction, as well as subsequent maintenance,repair,and replacement completed by, or at the direction of,
Grantee, Grantor is not prohibited fi•om installing landscaping,fencing, or structures in property surrounding the
Easement Property that are otherwise allowed by City Code. Grantee shall be responsible for grading and seeding
this construction/maintenance easement area, if necessary,upon completion of the construction or maintenance
activity,
5. USE AS EASEMENT FOR PUBLIC PURPOSES: The Grantee shall have the right to access,survey,lay,construct,
use,operate,maintain,repair,replace,relocate,and/or remove traffic poles and signals,concrete bases and conduit
for the traffic control poles and-signals,as well as any new,additional,and/or fliture objects, including sidewalks for
access to the pole,which may be appropriate for signage or traffic control purposes within the Easement Property.
The determination of traffic controls,signage,and sidewalks that may be necessary for this intersection shall be at the
discretion of the Grantee. The location of Grantee's facilities may be over,under,or through the Easement Property.
b, CONSTRUCTION/MAINTENANCE: Grantee shall be responsible for constructing,maintaining,repairing,and
replacing all underground utilities and utility structures within the Easement Property,and for the initial construction
of any public sidewalk areas within the Easement Property. Grantee shall be responsible for maintaining above
ground public utilities and public utility structures within the Easement Property. Grantor shall be responsible for all
aspects of maintenance,repair,and replacement of the sidewalk in and adjoining the Easement Property and that will
be installed or replaced by the City as part of the project in which traffic signals will be installed in the Easement
Property. The Grantee responsibilities include grading and seeding the Easement Property upon the initial
installation of its facilities, and thereafter upon any maintenance,repair,or replacement of any other utility and/or
tit!Iity stntcttire over,under,and through the easement property, Grantor maybe assessed costs of construction
and/or maintenance on the Easement Property as otherwise allowed or required by the Municipal Code.
7. INTERFERENCE WITH EASEMENT: The Grantor,its agents or assigns,shall not interfere in any way with the
Grantee's use of the Easement Property,and in particular shall not alter the slope,elevation,or vegetation associated
with tine Easement Property, or install or construct any strictures or improvements within the easement. 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, landscaping or fences. Grantor shall be expected
to promptly remove any materials or objects it is directly,or inadvertently responsible for locating in the Easement
Property and interfering with tine Easement or,if Grantor fails to remove these materials or objects,Grantee shall
remove them at Grantor's expense. Grantee's written consent will be,required before any additional Easement or use
of this Easement Property by third parties is granted.
8. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the construction
and maintenance rights identified lnercin to any contractor,third party,or other assignee who demonstrates to the
Grantee sufficient competence and gives adequate assurances that any work to be perfornned in or around the
easement shall be conducted in it skillful manner,and that the Grantor's interest in the easement premises shall be
protected to tine same extent as if the Grantee was itself performing the construction and maintenance.
9. DEFAULT: If either Grantor or Grantee reasonably believes that the terms of this Easement have been breached,
then tvrittcn 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 taken any actions it believes is
necessary to remedy any situation that materially interferes with the lawfid use of the Easement Property and/or poses
a danger or hazard to the public,
10. TERM: This Easement is being granted in-perpetuity for public purposes arndl uses,both current and future,without
regard to the Grantee's use of the Easement Property 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 ant[inure to the benefit of
the Grantor and Grantee, their respective heirs,executors,administrators,successors,assigns,and legal
representatives.
11, 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
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12. 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 tenni 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 through this Agreement.
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 immnutilt ies 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 dannage limits, caps and immunities are untended to be preserved by the Grantor and incorporated into thin
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 lane limitation is based upon a tort.
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,Wisconsin,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 Agreement shall be in writing and delivered via certified mail,return receipt
requested,as follows. Changes to these addresses shall be in writing. Inaddition to formal notification, both parties
agree to take reasonable measures to keep the other party informed of issues or questions regarding the Easement
Property.
FOR THE GRANTOR:
Wallace W. Wagner
Audrey R. Wagner
2260 N.Haven Court
Oshkosh, WI 54904-9337
FOR THE GRANTEE;
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh,WI 54903-1130
17. AUTHORITY: The Grantee affinns 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 easennent 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,
SIGNATURE PAGE(S)FOLLOW
DRATTED BY:
Attorney David J. Praska
Assistant City Attorney
Oshkosh, Wisconsin
3
April 11, 2016
IN WITNESS WHEREOF,said Grantor has hereunto set their hand and seal the day and year first above written.
GRANTOR
WALLACE W. W N AUDREY R. WAGNER
Wallace W. Wagner Audrey . uglier
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY }
Personally carne before the this�day of AZ' ,2016 the above named Wallace W.Wagner,to ine known to
be such person who executed the foregoing instrt ent act ackn e e t sa e, for the purpose herein`okm0dtrrr�`��
�a D%y �.
Notary Public,State o sconsin ♦,`y ,++++•s++aej++.+� ��i
My Commission expires: �� u .aQl "� N� -
ID ;A 0
�.,-•rah ~ �,ti�-�- =
� d�
STATE OF WISCONSIN 'C�;,am`
�y ,
WINNEBAGO COUNTY )ss. ,���i��NS1+N•• *,•
Personally came before me this day of� ,2016,the above named Audrey R. Wagner,to me known to
be such person wlra executed the foregoing ins(nunent and c to"ie sante,for the purpose herein contained.
Notary Public,State of Wisconsin `'��1{IIiNII��I
My Commission expires:_�6 1 ���► DE
GRANTEE
CITY OF OSHKOSH I
•�
op
/*fie hoc �yaR
{ ► A.Ro rloff,City i s lager °�®iarrNn�gwto
By: _....
Pamela R, Ubrig,City Cl rk
STATE OF WISCONSIN }
)ss'
WINNEBAGO COUNTY )
Personally came before me tlris. day of LA�_ 2016,the above named Mark A.Robloff 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.
Notary Public,State of Wisconsin
My Commission expires: 1
AP P"'
AS TO RM:
�L rt A Lorensoh,_C�i Attorney
4 �`
Apill 11, 2016
CONSENT OF MORTGAGEE
The undersigned,being the holder of a mortgage against the property identified and described as"Easement Property"and
construction easement in this easement agreement,consent to tine grant of tine easement set forth above and agree that its interest
in the Easement Property sliall be subject to this easement.
(priait name of mortgagee)
By:
(signature) (title)
(print narrre) (print title)
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before ane this. ___day of ,201 G,the above named
(signator)of (mortgagee), to me known to be such persons who executed
the foregoing instrument and acknowledged the same,for the purpose herein contained,
Notary Public,State of Wisconsin
My Commission expires:
This instrument dratfied by:
Momey David I Nash
Oshkosh,Wt 54903.1130
S
ApHl11, 2016
PARCEL 16-0851-0000
O `'� ��� WALLACE W. &
�a� AUDREY R. WAGNER �P G'� o
9646 OSHKOSH AVE. O 3p,
\ PROPOSED TRAFFIC
SIGNALISASE(POLE AND ,
PARCEL 16.0852-0000 CONDUIT EASEMENT
WALLACE W, &
AUDREY. R, WAGNER ` 6
s
� goo ��o '°-
5 OG PROPOSED SIDEWALK,
{ TRAFFIC SIGNAL/BASE/POLE
cr +�
o, �` AND CONDUIT EASEMENT
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CJ's} �
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IS r G 96
•D, ��O2
PROPOSED SIDEWALK, f�
TRAFFIC SIGNALIBASEIPOLE i y
AND CONDUIT` EASEMENT � PARCEL 16.08$0-0000
ELIZABETH B, DAVIS
CHILDREN'S HOME
1260 N. WESTFIELD ST,
tp
PARG EL6-1 80.0000 $�
¢�P TIMOTHY &
BRIGETTE SMITH
1705 OSHKOSH AVE.
••fir 'a
CITY Off` OSHKOSH
rMOINSBDRINIGDIVISION TRAFFIC SIGNAL/BASE/POLE, SIDEWALK AND
�''��'� `��' �` CONDUIT EASEMENTS
}VesVfr P 6ehkoshA+t a,23,2o1b
1aW1C slan*1 EaStLWIJ
j GRAPHIC 10 North Westfield Street,& Oshkosh Avenue
1 SCALE: (IN FEES') t UNCI w 20 BEET
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