HomeMy WebLinkAboutPaine Art Center & Oshkosh p j Gvlsj Ic.t� jac. V p�t tt'
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8290683
Easement Tx:4210127
1717700
Document Number Document Title
REGIST'ER'S OFFICE
THIS AGREEMENT is entered into this-W day of ,2016 WINNEBAGO COUNTY, WI
by PAINE ART CENTER & GARDENS, INC., a Wisconsin Non-Stock RECORDED ON
Corporation,Grantor,and CITY OF OSHKOSH,a municipal corporation,located in 07/14/2016 9.20 ANI
Winnebago County,Wisconsin, Grantee, Ch1RIST'OPHER LARSON
IN CONSIDERATION of the sum of One Dollar($1.00)and other good DEPUTY REGISTER OF DEEDS
and valuable consideration paid by the Grantee,the receipt of which is hereby RECORDING FEE 30.00
acknowledged,the Grantor,its successors and assigns,does hereby give and grant Recording Area PAGES: 5
unto the Grantee,its successors and assigns, and Grantee accepts,an casement over, Name And Return Address
under,and through the land hereinafter described. City Attorney's Offiee
PO Box 1130
1, PURPOSE: The purpose and use by Grantee of the Easement Property,J Oshkosh,NVI 54903-1130
described in this document shall be for use by Grantee for the
installation and use of traffic control poles,signals,wiring,and 91200100000
appurtenances,as well as the installation and use of public sidewalk.
Pa reel Identification Number (PIN)
2. CONSIDERATION: The parties agree that a material consideration for this Agreement is the Grantor will
be providing Grantee with the frill 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,conduit,and sidewalk within the
Easement Property,and replace 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
future 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,Winnebago County,Wisconsin,
(`Easement Property") as identified in Exhibit A,attached,and more specifically described as follows:
Part of the Southwest 114 of the Northwest 114 of Section 14,Township 18 North,Range 16 East,
Lot 6 of Sawyer&Paine's Replat, 12'h Ward,City of Oshkosh,Winnebago County,Wisconsin
and being described as follows:
That part of said Lot 6 described by: Commencing at the southeast corner of Outlots 21 and 22
of River Mill Subdivision,thence South 8850'54"East,20.12 feet,thence South 88°56'27" East,
39.88 feet to a point on the south line of Lot 6 of Sawyer&Paine's Replat and the cast line of
Arboretum Drive and the north line of Congress Avenue being the point of beginning,thence
continuing along the south line of said Lot 6 and the north line of said Congress Avenue
South 88°56'27"East, 10.5 feet,thence North 01°09'06" East,2.5 feet parallel to the cast line
of said Arboretum Drive, thence North 88°56'27"West,5.0 feet parallel to the north line of said
Congress Avenue and the south line of said Lot 6,thence northwesterly 7.8 feet to a point on the
cast line of said Arboretum Drive,thence South 0109'06"West, 8.0 feet along the cast line of
Arboretum Drive to the point of beginning containing 41.36 square feet,bounded on the south by
Congress Avenue and on the west by Arboretum Drive.
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 parcel number 91200100000,directly adjacent to the Easement
Property for initial construction and future maintenance and repair purposes. The Grantee shalt 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. Construction and maintenance access shall include the initial
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April 20, 2016
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construction,as well as subsequent maintenance,repair,and replacement completed by,or at the direction of,
Grantee. Grantor is not prohibited from 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.
S. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property for Grantee's use
as a public right of way. The general public shall have access to the Easement Property on locations where there is a
sidewalk or as otherwise is generally allowed on public rights of way.
6. USE AS EASEMENT FOR PUBLIC PURPOSES: The Grantee shall have tine 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 future 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 tine
discretion of tine Grantee. The location of Grantee's facilities may be over,under,or through the Easement Property.
7, CONSTRUCTION/MAINTENANCE: Grantee shall be responsible for constructing,maintaining,repairing,and
replacing all underground utilities and utility structures within the Easement Property,and for tine 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
utility structure over,under,and through the easement property. Grantor may be assessed costs of construction
and/or maintenance on tine Easement Property as otherwise allowed or required by the Municipal Code.
8. 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 the Easement Property,or install or construct any structures 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 wilt be required before any additional Easement or use
of this Easement Property by third parties is granted.
9. 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 mariner,and that the Grantor's interest in the easement premises shall be
protected to the satne extent as if the Grantee was itself perfornning the construction and maintenance.
10. 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 patty in breach shall have
thirty(30)days to cure any actual breach. However,Grantee may itmnediately taken any actions it believes is
necessary to remedy any situation that materially interferes with the lawful use of the Easement Property and/or poses
a danger or hazard to the public.
11. TERM: This Easement is being granted in perpetuity for public purposes and 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 and inure to the benefit of
the Grantor and Grantee,their respective heirs,executors,administrators,successors,assigns, and legal
representatives.
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Apr-il20, 2016
12. 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.
13. INVALIDI'T'Y: If any terni 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.
14. 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.
15. 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 irmnunities 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.
16. 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 Wimrebago County,Wisconsin,Circuit Court
or,if a federal court action,then the appropriate district and/or branch within which Winnebago County is located.
17. NOTICES: Any notices required by this Agreement shalt 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 the other party informed of issues or questions regarding the Easement
Properly.
FOR THE GRANTOR:
Paine Art Center&Gardens,Inc.
c/o Executive Director
1410 Algoma Boulevard
Oshkosh,WI 54901
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh,WI 54903-1130
18. AUTHORITY: Tire 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.
SIGNATURE PAGE(S)FOLLOW
DRAFTED BY:
Attorney David J.Praska
Assistant City Attorney
Oshkosh,Wisconsin
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April 20, 2016
IN WITNESS WHEREOF,said Grantor has hereunto set their hand and seal the day and year first above written.
GRANTOR
PAIN ART CENT RD�fNC.
SGeref +-mo f iye vtlirec76 r
(print name) (title)
STATE OF WISCONSIN }
)ss'
WINNEBAGO COUNTY )
Personally came before me this 31-L day of004 ,2016 the above named �'V'tv S h{r-e - ,to me
known to be such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained.
Notary Public,State of Wi onsin
My Commission expires: JI o t-j
GRANTEE
CITY OF OSHKOSH
By: Q--
IViA A.Rohloff,City-Mana er
By:
Pamela R.Ubrig,City Cleric
STATE OF WISCONSIN )
)ss.
WTNNEBAGO COUNTY }
Personally came before me this day of , 2016, the above named Mark A. Rohloff and,Painela I .
Ubrig of the City of Oshkosh,to me known to be such" sons to executed the foregoing instrument and acknowledged the
same,for the purpose herein contained.
Notary Publi State opVisc i �-
My Commission expires:
AP OVED AST FORM:
LInf I.Loren on, iiy Attorney
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April 20, 2016
. r .
SW 1/4 OF NW 1/4
SEC. 14
T18N R16E
# Q Q
PARCEL. 120010-0000
RIVER PAINE ART CENTER
MILL. Cj & GARDENS INC
PARCEL 12-0266-0100 't: SUf3D. 1410 ALGOMA BLVD.
E
FOX RIVER
A BREWING CO INC SAWYER & PAINE'S
1501 ARBORETUM DR. REPLAT
C.S.M. LOT.S
#1601
LOT 2 2.5'`' 0 7.81
5.5' :t o Q o 5.01
7.8 a o 2.5'
1
' PROPOSED SIDEWALK, 8.01 10.5`
ACCESS & FACILITIES S 88°56'27" E PROPOSED SIDEWALK,
EASEMENT 39,881 ACCESS & FACILITIES
S 88050'54" E EASEMENT
GQNG���S A,I/E� 20.x2,
12.0'
118-ilt
.(s'
1621
VOSS' REPLAT '
LOT 11
f PROPOSED SIDEWALK,
7T
PARCEL 12-0277-0000
ACCESS & FACILITIESJ & J HOLDINGS
EASEMENT OF WI LCC
1621 CONGRESS AVE
RIVER PLACE
APARTMENTS
BEARINGS REFERENCED TO THE SOUTH LINE OF
CONGRESS AVENUE IN RIVER MILL SUBDIVISION
CITY OF OSHKOSH
R NGINEERING DlVfSION SIDEWALK, PUBLIC ACCESS &
ONNAME: DRAWN: FACILITIES EASEMENTS
CONT
16 I�-p6 congress 2c 4.19.2015
summa E9sementl
GRAPHIC a 25 so CONGRESS & SUMMIT INTERSECTION
SCALE: (IN FEE) t INCA-50 Ff?FT