HomeMy WebLinkAboutWPS Corp., & Wisconsin Bell, PIN 90200620000 �zl e�?
CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920)236-5115 FAX (920)236-5106
LETTER OF TRANSMITTAL
To: Wisconsin Public Service Date: October 18, 2016
700 N. Adams Street Project: NIA
Green Bay, Wl 54307-9001 From: Carol Marchant, Admin. Assistant
Re: Non-Exclusive Easement
Attn: Dane Allen
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter ® Agreement ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantity .._ Description
1 Copy of Recorded Non-Exclusive Easement in the City of Oshkosh
PIN 90200620000
These are being transmitted as indicated below:
❑ Far Approval ® For Your Use ❑ As Requested ❑ For Review & Comment
Remarks:
cc: City Clerk (original)
Public Works, Engineering (copy)
Community Development (copy)
City Attorney (copy)
WPS (pdf copy emailed by Dave Praska)
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Non-Exclusive Easement 1725255
REGISTER'S OFFICE
DocumeatNumber Document Title WINNEBAGO COUNTY, WI
RECORDED ON
THIS INDENTURE,made this 111 day of d��osh 2016, 10/13/2016 8:53 AM
By and between the CITY OF OSHKOSH, Grantor, and WISCONSIN PUBLIC
Sri RVICE CORPORATION, a Wisconsin Corporation, and WISCONSINI CHRISTOPHER LARSON
RELL, INC,, d/b/a AT&T- Wisconsin, a Wisconsin Corporation, , Collectively, DEPIJ'L`YY REGISTER OF DEEDS
Grantee:
RECORDING FEE 30.00
IN CONSIDERATION of the sum of One Dollar($1.00)and other good PAGES: 9
and valuable consideration paid by the Grantee,the receipt of which is hereby Recording Area
Mame an
Return Address
acknowledged,the Grantor does hereby give and grant unto the Grantee,its City Attorney's Office
successors and assigns,and Grantee accepts,a non-exclusive Easement over,under, F.O.Box 1130
and through the Grantor's Propertyas hereinafter described. Oshkosh,WI 54903-1130 (��a.
1. BASEMENT PURPOSE: The purpose of this non-exclusive `'
Easement is to allow Grantee to provide the underground 9020U620000
Parcel IdentiEScatlon l�nmbea (I'II9
transmission of gas,electric,and communication services across
Grantor's property connecting Grantee's facilities in the right-of-way with a private property.
2. GRANTOR'S PROPERTY: Grantor's Property that will be subject to this Easement,Parcel Number
90200620000,is public parking lot bordering Waugoo Avenue on its southern border and State Street on its
western border. The Parties are aware that a part of Grantor's Property may be conveyed to a private party
for use as a private parking lot. Regardless of whether the Grantor's property remains publicly owned,or
conveyed to a private entity,it is anticipated that Grantor's Property will continue to be used for parking
with likely reconstructions,which may include the addition of landscaping and/or parking garages.The
legal description of Grantor's Property is attached as Exhibit A and is incorporated into this Easement
Agreement.
3. EASEMENT PROPERTY; A non-exclusive Easement within the Grantor's Property is granted by Grantor,
and accepted by Grantee,over,under,and through certain land situated in the City of Oshkosh,Winnebago
County,Wisconsin,(`Easement Property")and described as follows:
The East six(6)feet of Lot"C"hi Papendick's Plat in the 2nd Ward,
City of Oshkosh,per Leach's Map of 1894 originally being part of
Government Lot 2 of Section 21,Township 18 North,Range 16 East;and
The North three(3)feet of the East twenty-six(26)feet of Lot 1;and
The North three(3)feet of Lot 4;and
The North three(3)feet and the East eight(8)feet of the West
twenty-nine and two-tentlis(29.2)feet of Lot 5;
All of which are part of Block 26 of L.M.Miller's First Addition,2n1 Ward,
City of Oshkosh.
4. EASEMENT MAP; A location map of the Easement Property is attached as Exhibit B and is Billy incorporated in
this document.
5. NON-.EXCLUSIVITY:Grantee's use of the Easement Property will be non-exclusive. The surface of the Easement
Property is used as a parking lot,and Grantee accepts this casement subject to the continued use of the surface in that
manner,including any parking lot reconstructions. Grantor may install additional or new utilities or public facilities
necessary for public purposes in,over,or across,the Easement Property, Additionally,Grantor may allow other
public utilities to locate within the Easement Property. In any event,new installations will be reviewed for
compatibility with existing facilities. New installations will not be allowed that create dangerous conditions or
materially interfere with existing facilities, All parties agree to work in good faith to resolve issues regarding the saf
and efficient use of the Easement Property by the parties or others wishing to also utilize the Basement Property.
6., EASEMENT RIGHTS/LIMITATIONS; Grantor grants,and Grantee accepts,anon-exclusive Easement over,
igust 31, 2016 T
under,and through the Easement Property..The rights and limitations of this Easement are as follows:
a, rhe Easement Property may be used for underground facilities related to Grantee transmission of gas,
electricity,light,float,power,signals,communication,and/or other similar purposes that are now,or may
hereafter be,part of Grantee's business. The level of facilities allowed to be installed in the Easement Property
are those necessary to serve the two private properties adjacent to the north end of the Easement Property,as
well as the remainder of the Grantor's Property,if such service is requested and appropriate. The number of
end user properties for facilities to be installed in the Easement Property are limited to those identified herein,
and the easement is not intended to serve any larger areas of Grantee customers. All Grantee facilities shall be
underground.
b. During periods when the Grantee will be performing construction,repairs,replacements,or any other activity
involving digging or use of large equipment,the Grantor grants,and the Grantee accepts,a temporary,limited
license to use a ten(10)foot strip of equal width within the Grantor's Property to allow access to the Easement
Property for the temporary purpose of allowing access and the movement of equipment. This limited temporary
license shall also include a portion of tine Grantor's Property near the Easement Property to be used for
temporary storage or staging while Grantee is actively undertaking maintenance or repair of its facilities within
the Easement Property. The specific location and size of the area for storage or staging shall depend upon the
maintenancehepair activities to be undertaken,and the Grantor agrees to mace reasonable space available in
terms of size and location that is suitable for those activities. The aroa(s)subject to this temporary,limited,
license shall be fully restored by Grantee to its condition prior to exercising its rights pursuant to the license.
c. Grantee shall have the right to install underground pipes,transmission and communication lines,and related
facilities within tho Easement Property. All Grantee uses must remain safely below the grade,to allow Grantor
its continued use of the surface for parking,with the aforementioned uses including any maintenance or repairs
np to acrd hichrdiugreconstruction, in the event that soils are disrupted and holes or trenches are required to he
filled,then Grantee shall only use fill material removed from the Easement Property,or off site material
specifically approved by Grantor.
d. •Except for emergency situations,Grantee shall provide Grantor with advance notification of its intended
construction,maintenance,and/or repairs to occur within the Easement Property. Such notification shall
include a brief description of Grantee's intended activities. in the event of an emergency,Grantee may proceed
as necessary,but must notify Grantor as soon as practicable of tire disturbance of the Easement Property
surface, it is expected by Grantor that Grantee will always proceed reasonably and in good faith regarding
communications with others affected by their use of the Easement Property.
e. Except as otherwise described in this Easement Agreement or as otherwise necessary to maintain the safe
provision of utility services,Grantee acknowledges and accepts usage of the Easement Property subject to the
Grantor's continued use of the surface as a parking lot. Grantee's Easement shall be subject to and subservient
to Grantor's development and use of the surrounding Grantor's Property,including uses such as storm water
facilities,landscaping, storm sewer,sanitary sewer,water distribution,electrical,and other similar facilities.
Grantor shall not place any buildings or structures on the Easement Property. Grantor shall not be responsible
for Grantee's costs of any additions,subtractions,repairs,or relocations of the Grantee's facilities required for
normal maintenance or replacement of said facilities, Grantor shall be responsible for Grantee's cost to relocate
Grantee's facilities if and when the Grantor requests such relocation based upon the Grantor's current or future
use ofthe surrounding Grantor's Property,
7. MAINTENANCE: Except as otherwise described in this Agreement,Grantor and Grantee shall be responsible,at
thein oNvn expense,for inspection,maintenance,repairs,and replacements of their respective facilities under,over,
and on tine Easement Property.
a. in general terms,Grantor is responsible for routine maintenance and repair of its property,including the surface
of the Easement Property and any of its facilities below the surface, Examples of routine surface maintenance
include care of grass,trees,shrubs,and other vegetation,and maintenance of its utilities and public facilities.
b. Grantee is responsible for routine maintenance and repairs of its utilities and facilities,whether above ground or
underground. Grantee is responsible for all damages sustained by tine Grantor or others caused by Grantee's use
of the Easement Property. Grantee's responsibilities related to the surface include retUrMng the surface area to
a condition that is the same or similar to its condition prior to any maintenance,repairs,or other work related to
Grantee's use of tie Easement Property.
August 31, 2016 2 j
c. Grantee shalt be responsible for the cost of repairing or replacing any damage to the Grantor's facilities,
including without limitation landscaping,storm water drainage features and facilities,electrical,sanitary sewer,
or any other Grantor facility,which is damaged or altered by Grantee's use of the Easement Property.
d. Grantee shall hold harmless and fully indemnify Grantor for damage to the facilities owned,operated,or used
by third-parties to the extent caused by Grantee and/or resulting from Grantee's use of the Basement Property.
8. USE OF EASEMENT BY OTHERS: 'The Grantor agrees that the Grantee may temporarily assign the access 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 manmer. Assignees must also protect the Grantor's interest
in the Easement Property to the same extent as if tine Grantee was itself performing the construction or maintenance.
Grantee and Grantor arc responsible to the other for damages caused by their respective ennployees,agents,and
f
contractors.
9. DEFAULT: Except for emergency circumstances,if either Grantor or Grantee reasonably believes that the terms of
this Easement have been breached,then written notification of the alleged breach sinal/be delivered to the other
patty. Any party in breach shall have sixty(60)days to care any actual breach. In emergency circumstances,
Grantee may immediately take all necessary actions to protect the safety and fimctioning of its facilities within the
Easement Property,
10, TERM: This Easement shall be perpetual,shall run with the land,and shall provide benefits and burdens upon the
parties'successors and assigns. This document shall be recorded with the Winnebago County Register of Deeds at
Grantee's expense.
11. EXISTING EASEMENTS; As described in this Agreement,the Easement Property is or will be subject to other
easements and uses by Grantor and by third-parties.
12. WAIVER: No delay or omission by any party to this Easement in exercising any right or authority related to a term
or condition of this Easement shall be construed as a waiver of that right or authority. However,the notice and
opportunity to cure provisions in paragraph 9,above,shall remain a prerequisite to making a claim of default against
the other party.
13. INVALIDITY: If any tor•tn or condition of this Easement 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]a-w.
14. NO THIRD PARTY BENEFICIARY: The terms of this Easement Agreement are for the benefit of the parties
identified,and it is not tine intention of either the Grantor or Grantee that other persons or parties shall acquire any
rights to enforce or benefit from through this Easement.
15, MUNICIPAL LIABILITY: Grantor incorporates into this Easement Agreement and relies upon its municipal
limitations and immunities contained within Wisconsin law. Grantor's municipal immunities and linihations
incorporated include,but are not limited to,Sections 345.05,893.80,and 893.83,Wisconsin Statutes. Except for
actual physical damage to Grantee's facilities in the Easement Property,tine aforementioned damage limits,caps and
itnumnities shall be used to govern all disputes,contractual or otherwise,as they apply to tine municipality and its
agents,officers,and employees.
16. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the State of
Wisconsin. Venire 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.
17. NOTICES: Any notices required by this Easement shall be in writing and delivered via certified mail,rewrin 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.
,411glat 31, 2016 3
FOR THE GRANTOR:
City of Oshkosh
c/o Director of Public Works
215 Church Avenue
Oshkosh,WI 54902
FOR THE GRANTEE:
Wisconsin Public Service Corporation
C/o _
700 N.Adams Street
Green Bay,WI 54301
Wisconsin Boll,Inc.
c/o Network Right of Way
2005 Pewaukee Rd
Waukesha,WI 53188
18. AUTHORITY: The Grantee affirms that all approvals for this Easement Agreement necessary according to its
corporate structure have been gbtained and have approved the acceptance of this Basement,and that the undersigned
have the authority to sign oris Easement on behalf of the Grantee. Grantor affh-ms that all necessary hoards and
elected officials have approved the granflag of this Easement,and that the undersigned have the authority without
limitation to enter into this Easement Agreement.The undersigned assert and affnin that they have the authority
without limitation to enter into this Easement Agreement on behalf of the Grantor and Grantee.
SIGNATURE PAGES FOLLOW
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
August 3.1, 2016 �
IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set thein band and seal the day and year first
above written.
GRANTOR: CITY OF OSMMS I
M •k A.Rohloff o.City Iylan-a e�
By, ✓( t f
Pamela R.Ubrig,City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY }
Personally came before me this y
4� da of Q4Y°K-J-` 2016,the above named Mark A.Rohioff and Painela X.
>
Ubrig of the City of Oshkosh,to me known to be such zons who executed the foregoing instranient and acknowledged
the same,for the purpose heroin contained,
Notary public,State of Wisconsin
My Commissionirts:
APPA ED TO FORM:
ITAU
Uynn--A.-Lorenseri, City Attorney
��43.PtS 055x.
August 31, 2016 5
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GJrANTrE. NY18 ONSEN PUBLIC SERVICE CO-RPORATION
By: Zai'
�SI�t t
(print name) (title)
STATE OF WISCONSIN }
}ss.
COUNTY }
Personally carte before cne this day o _ 2I/itatihie.
above named �o
to me known to be such person who executed the orego' g ish thaciutoNvlcdged# e same, for tite putposo herein
contained.
N [lo,State,of Wiscons'it�� /
My Commission expires:
ylugust 3.I, 2016 6
1
GRANTEE: WISCONSIN BELL,INC.
d/b/a AT&T-Wisconsin
By: 6d*91LP
b P p �16,0 Eaf Li I1JGEC
(print name) (titl )
By;
{print name) (title)
STATE,
OF WIS ONSIN )
ss.
COUNTY )
Personally came before me this _./V day of 2016, the above named
of Wisconsin Bel,Inc., /a A &T- Wisconsin, to me known to be su��j paanq,lyho
executed the foregoing instrument and acknowledged the e;f __ es re• con/med. +++` �HRYN
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y Public to of Wisconsin
_ Norq�
M ortnm3ssion expires;
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STATE OF WISCONSIN } y+, �g L 10
}ss• OF
MILWAUKEE COUNTY ) ��''•�,, W1SCn ��+`��
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Personally came before me this day of 2016, the above named
of Wisconsin I3e31, Iinc., 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 contained.
Notary Public,State of Wisconsin
My Commission expires;
August 31, 2016 7
Located in the City of Oshkosh,NVinnebago Co-anty,Wisconsin,and originally part of raotianal
Lot l of Section 24,Townsbip 18 North of Range 16 East, ailci more particularly described;
All of Lots One(1)and Two(2), the Easterly 60 fent of Lot Three(3), all of Lot Four(4), And
the Westerly 29.2 feet of Lot Dive(5),all in Block Twenty-six(26) of L,M.Miller's First
Addition,2nd Ward, City of Oshko8b.
And
Lot"C"in Papendik's Plat, in the 2,d Ward, City of Oshkosh,per Leaoh's Map of 1891,
originally being a part of Fractional Cxovemment Lot 2, Section 24 Township 18 North Range 16
East,
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Parcel Number, 90200620000
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