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Easement Tx:4220440
1723509
D ocument Number Document Title REGISTER'S orria
tib INNEBAGO COUNTY, WI
RECORDED ON
09121/2016 3:23 PM
THIS INDENTURE ("Easement Agreement"), made this 7th day of June, CHRISTOPHER LA SON
2016 ("Effective Date"), by WISCONSIN PUBLIC SERVICE DEPUTY REGISTER OF DEEDS
CORPORATION, a Wisconsin Corporation, Grantor, and CITY OF
OSHKOSH a municipal corporation, located in Winnebago County, Wisconsin, RecordingAIRCORDING, FEE 30.00
Grantee: DA
Name anal Return Address
IN CONSIDERATION of the sum of One Dollar($1.00)and other good and City Attorney's Office
valuable consideration paid by the Grantee,the receipt of which is hereby P.O.Box 1130
acknowledged,the Grantor does hereby give and grant unto the Grantee,its Oshkosh,W1 54903-1130
successors and assigns,and Grantee accepts,an Easement(defined below)over,
under, and through the Grantor's Property as hereinafter described. 91519603000
1. PURPOSE: The purpose and use by Grantee of tile Easement
Property(defined below)and described in this Easement Agreement shall be for stone water
management as well as access by Grantee to an adjoining casement also located on Grantor's Property
described below in paragraph 6 that is utilized as part of Grantee's public storm water management
system.
2, GRANTOR'S PROPERTY:Grantor's Property,within which the Easement Property is located,is
within the City of Oshkosh,Wisconsin,and 11101-C particularly described as:
That pat-(of the South East 1/4 of the NORTH WEST 1/4 and of the North East 1/4
of the SOUTH WEST 1/4, all of Section One(1)Township Eighteen(18)North, of
Range Sixteen(16)East, in the Fifteenth Ward, City of Oshkosh, Winnebago
C01.111ty, Wisconsin, being more particularly described as ("Grantor's Property"):
Commencing at the North Quarter corner of said Section; thence south Zero (0)
degrees Two(2)minutes Thirty-Seven(37) seconds east, along the East line of the
North West 1/4 of said Section, Two Thousand Six Hundred Thirty-seven and Ten
Hundredths (2637.10)feet,to an iron pipe at the center of said Section; thence south
Eighty-nine(89)degrees Twenty-five(25)minutes Nineteen (19)seconds west,
along the South line of the North West 1/4 of said Section, Sixty-six(66)feet; thence
north Zero(0)degrees Eight(8) minutes Six (6)seconds west, Fifty-six Hundredths
(0.56)feet to an iron pipe, the place of beginning;thence SOLIfil Zero(0)degrees
Eight(8)minutes Six(6)seconds cast, Five Hundred Fifty-four and Sixty-one
Hundredths(554.61) feet to an iron pipe;thence South Eighty-nine(89)degrees
Twenty-five(25)minutes Nineteen(19) seconds west, One Thousand Two Hundred
Twenty-two and Six Hundredths(1222.06)feet,to an iron pipe oil tile East line of
North Main Street; thence north Zero(0) degrees Four(4) minutes Nine (9)seconds
west, along the East title of said Street,Five Hundred Fifty-three and Severity- four
Hundredths(553,74) feet, to an iron pipe; thence north Zero (0)degrees Zero(0)
minutes Thirty-nine(39) seconds west, along the East line of said Street, Two
Hundred Ninety-six and Twenty-six Hundredths (296.26) feet,to an iron pipe;thence
north Eighty-nine(89) degrees Twenty-fivc(25) minutes Nineteen (19) seconds east,
One Thousand Two-Hundred Twenty-one and Twenty-six Hundredths(1221.26)
feet, to an it-oil pipe;thence South Zero(0)degrees Two (2)minutes Thirty-seven
(37)seconds east, Two Hundred Ninety-five and Thirty-nine Hundredths(295.39)
feet, to the place of beginning.
3. EASEMENT PROPERTY: The specific portion of the Grantor's Property that is subject to this
Easement Agreement is situated in the City ofGslikosh,Winnebago County;Wisconsin,and is
described as follows("EasementPropetUl ,"):
A PARCEL OF LAND BEING PART OF THE NORTHEAST�/4 OF
THE SOUTHWEST 114 OF SECTION 1,TOWNSHIP 18 NORTH,
RANGE 16 EAST,CITY OF OSHKOSH,WINNEBAGO COUNTY,
WISCONSIN,BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SECTION 1;
THENCE N88056'02"E, 1348.63 FEET ALONG THE NORTH
LINE OF THE SOUTHWEST%4 OF SECTION I TO THE EAST
RIGHT-OF-WAY LINE OF NORTH MAIN STREET;THENCE
S00°26'32"E,0.65 FEET ALONG SAID EAST DIGHT-OF-WAY
LINE;THENCE S00"33'16"E, 164.86 FEET ALONG SAID EAST
RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING;
THENCE N88056'29"E,30.00 FEET;THENCE S00033'16"E,
163.66 FEET TO THE NORTH LINE OF A FORTY FOOT
DRAINAGE EASEMENT DESCRIBED IN DOCUMENT NO,
483697;THENCE S88°55'42"W, 30.00 FEET ALONG SAID
NORTH LINE TO THE EAST RIGHT-OF-WAY LINE OF NORTH
MAIN STREET,THENCE N00°33'16"W, 163.67 FEET ALONG
SAID EAST LINE TO THE POINT OF BEGINNING.SAID
DESCRIBED PARCEL CONTAINS 4,910 SQUARE FEET OF
LAND MORE OR LESS. SUBJECT TO ALL EASEMENTS AND
RESTRICTIONS OF RECORD
4. EASEMENT MAP: A location neap of the Easement Property is attached as Exhibit A and is fully
incorporated in this Easement Agreement,
5. EASEMENT: Grantor giants,and Grantee accepts,all easement over,cinder,all([through the Easement
Property("Easencent")for purposes of operating Grantee's storm water management system
("Facilities"). Grantee shall have the complete right to access and use tice Easement Property for all
purposes related to Grantee's Facilities. At the time of the Effective Date,Grantee's intent is that
Grantee's Facilities shall consist of new three(3)foot by six(6)foot concrete box storm sewer within
the Easement Property that will convey storin water runoff within the public storm water management
system. Grantee shall have the right to access and survey and to use,operate,maintain, lay,construct,
repair,replace,relocate,and/or remove the Facilities(")Mork")within the Easement Property. Except for
emergency situations, Grantee shall provide Grantor with tell(1.0)clays' advance notification of its
intended Work to occur within the Easement Property. Such notification shall include a brief
description of Grantee's intended Work. In the event of an emergency,Grantee may procced as
necessary,but must notify Grantor as soon as practicable of the disturbance of the Easement Property
surface.It is expected by Grantor that Grantee will always make good faith notifications to any other
utility affected by the Grantee's use of the Easement Property.
6. ADJOINING EASEMENT:Tice Easement Property's southern boundary connects to a separate storm
water Easement within Grantor's Property which was created though document number 483697
recorded in the Winnebago County Register of Deeds on September 10, 1976,and the related Certified
Survey Map,with the adjoining casement generally described as the South twenty(20)feet and the
West forty(40)feet of the South two hundred twenty-five(225)feet of the Grantor's.Property.
7. WORK: Grantee slcall be responsible for properly and timely performing all Work at Grantee's sole
cost ort tice Facilities within the Easement Property. Grantee shall be responsible for repairing any
2
damage to the surface of the Easement Property caused by Grantee's presence on or use of the
Easement Property. Grantee shall grade and seed grass areas where reasonably appropriate after any
Work.After Grantee has graded and seeded any areas, Grantor shall be responsible for maintaining all
vegetation within the Easement Property. Grantee Nvill replace the:disturbed portion of any paved area
within the Easement Property following any Work, Except for darnage caused by Grantee,Grantor
shall be responsible for the maintenance,repair,resurfacing,or replacement of its hard surface on the
Easement Property. Grantor is responsible for all snow, ice, and debris removal from hard surfaces on
the Easement Property. Grantor shall not artificially place snow on any Facilities at the surface.
8. INTERFERENCE WITH EASEMENT: Grantor shail leave the right to arse the surface of tlne Eascment.
Property for all purposes that do not materially interfere with the Facilities including installing a hard
surface for a driveway and using the surface for ingress and egress at the Grantor's Property. Grantor shall
not install or construct any structures or improvements within the Easement Property that materially
interferes with the Grantee's Facilities, Grantor shall not place,pile,or move snow or ice on the
Easement Property that will interfere with drainage. Grantor shall promptly remove any objects,
materials, or structures which impede Grantee's Facilities on the Easement Property or limit the capacity
of Grantee's Facilities,
9. USE OF EASEMENT BY arHERS: The Grantor agrees that the Grantee may temporarily assign the
access rights identified herein to any contractor, or subcontractor that wil I be performing any Work on
the Easement Property which would otherwise be allowed for Grantee itself to undertake. Grantee shall
take reasonable steps to ensure that any contractor or subcontractor has sufficient competence and
gives adequate assurances that any Work to be performed in or around the Easement Property shall be
conducted in a skillful manner,and that the Grantor's interest in the Easement Property shall be
protected to the same extent as if the Grantee was itself performing 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 party
in breach shall have thirty(30)clays after receipt of written notice to cure any actual breach. In the
event of a default, either party shall have recourse to all remedies available in law and equity. Such
action shall have a venue in Winnebago County, Wisconsin.
11. EXISTING EASEMENTS: This Easement is subject to all existing casements and restrictions of
record tip to and including the date any such easements are released through a document recorded Nvith
the Winnebago County Register of Deeds.
12, TERM: This easement is being granted in perpetuity for the specific purposes and uses described in
Paragraph S. Grantor may request that Grantee release the Easement Agreement if the Facilities are
abandoned by the City for two(2)continuous years,by sending written notice to Grantee. Approval of
the easement release is subject to approval by the Grantee's Common Council but Grantee agrees that
the approval shall not be unreasonably conclitioned, delayed or withlield, 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.
11 WAIVER: No delay or omission by any party to this Easement Agreement in exercising any right or
power arising out of any default Wider any of the terms or conditions of this Easement 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
Easement Agreement.
W. INVALIDITY: If any term or condition of this Easement Agreement shall be held invalid or
unenforceable by a court of competent jurisdiction, then the remainder of this Easement shall continue
to be valid and enforceable to the fullest extent permitted by law.
3
15. NO THIRD PARTY BENEFICIARY: The terms of this Easement Agreement are for the benefit of the
two pat-ties identified, and it is not the intention of either the Grantor or Grantee that other persons or
parties shall acquire any rights to enforce or benefit from or throng])this Easement Agreement.
16. LIMITATION ON LIABILITY: This Easement Agreement incorporates municipal limitations and
immunities contained within Wisconsin law. Grantee's municipal immunities and limitations
incorporated include,but are not limited to, Sections 345.05, 893,80, and 893,83, Wisconsin Statutes.
17. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of
tile 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.
18. 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 the other party informed of
issues or questions regarding the Easement Property.
FOR THE GRANTOR:
Wisconsin Public Service Corporation
70,0 N.Adams Street Green Bay,WI 54301
c/o Kirn M. Michiels Real Estate Agent
WEC BLISitICSS Services LLC
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
215 Church Avenue
Oshkosh,WI 54903
19. 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 oil
behalf of the Grantee.Grantor affirms that it has tile authority without limitation to enter into this
easement agreement. Tile undersigned assert and affirm that they have they have the authority without
limitation to enter into this Easement Agreement on behalf of tile Grantor.
SIGNATURE PAGES FOLLOW
This instrument drafted by:
Attorney David J. 11raska
Oshkosh,WI 54903-1130
4
IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and sea] as of
the Effective Date,
GRANTOR: WISCONSIN PUBLIC SERVICE CORPORATION
By:
J.I Soil
Vernonon J'I
Vice Presi*tnt-sTiscon'sin Electric Distribution Asset
Management
STATE OF WISCONSIN
)ss'
BROWN COUNTY
Personally came before me this_a6 day of June,2016,the above named Vernon J. Peterson of
Wisconsin Public Service Corporation,to me known to be such person who executed the foregoing
instrument and acknowledged the same, for the purpose herein contained. \chie/s
R Y
Kim M.Michiels 4P do E
0
Notary Public, State of WisconsinN
My Commission expires: February 21,2020 P u"61
rE Of
GRANTEE: CITY OF OSHKOSH
By:
Mark A.Rohloff,City Manager
..........
Pamela R.Ubrig,City Clerk
STATE OF WISCONSIN
ss.
WINNEBAGO COUNTY
Personally carne before me this 2 1-0 day of2016,the above named Mark A.
Robloff and Pamela R. Ubrig of the City of Oshkosh,to nihnowl,to be such persons who executed the
foregoing instrument and acknowledged the same,for the purpose herein contained. ......
v
)A,_A"
Notary PUblic,State of Wiscollsill
My Commission expires D i-(S 2-0
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