HomeMy WebLinkAboutHeisler Trust & Oshkosh, Water & Sanitary WATER AND SANITAR Y CONNECTIOA3 3 4 7 9 11
NOTICE AND AGREEMENT Tx:4253386
Document Number Document Title . 1739980
REGISTER'S OFFICE
The City of Oshkosh(City)and the Thomas and Shirley Heisler Revocable WI N N E BAGO COUNTY, I
Trust U/A Dated June 18, 2007 (Heisler Trust), enter into this Water and
RECORDED Oh!
O�JRECOROCORD .�
Sanitary Connection Notice and Agreement on the date of the last signature
below. NATALIE STROHMEYER
REGISTER OF DEED
1. PURPOSE. The Heisler Trust wishes to connect its Property, RECORDING EEE 3{3
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described below,to the City public water supply and sanitary sewer PAGES: 3
system before City public water and sanitary sewer mains extend Recording Area
through the adjoining right-of-way. The City is agreeable to these Name and Return Address
early connections, provided it is understood by the Heisler Trust City Attorney's Office
PO Box 1130
that such connections shall be at the Heisler Trust's sole cost, and Oshkosh,WI 54903-1130 CV12.Y
eo
that paying for these early connections do not exempt the Property
ftorn special assessments, area assessment, and all ether costs, 91334212012
charges, and expenses that the City will charge or assess the Parcel Identification Number (PIN)
Property at such time as the City utilities and public facilities are extended over,under,and across the
public right-of-way adjoining the Property. The City explicitly states that this Notice and Agreement
does not waive, limit, or alter its ability to assess or charge the Property in the future for lawful
purposes as outlined in any Ordinance, statute, Code,regulation or other law.
2. PROPERTY. The real property owned by the Heisler Trust,and subject to this Agreement(Property),
is described as follows:
That part of Lot One(1) in FISCHER PLAT,previously in the Town of Algoma,
and now located in the Thirteenth Ward, City of Oshkosh, Winnebago County,
Wisconsin, and described as follows:
Commencing at the most Southerly corner of said Lot One (1);thence
Northeasterly, along the Northwesterly line of Ripon Lane,Eighty(80)feet;
thence northwesterly,parallel with the Southwesterly line of said Lot One(1),
to a point on the Southeasterly line of Lot Two(2)in said Plat;thence westerly,
parallel with said Ripon Lane, eighty(80)feet,to the Southwesterly line of
said Lot One(1);thence Southeasterly along the Southwesterly line of said Lot
One(1),to the place of beginning,all of which is part of the North East 1/4 of
the North West'/4 of Section Thirty-Four(34)Township Eighteen(18)North,
Range Sixteen(16)East.
3. ANNEXATION. The Property was located in, and governed by, the Town of Algoma until it was
annexed into the City of Oshkosh through Common Council Resolution Number 12-504, with that
Resolution having a passage date of October 9,2012,but with the annexation having an effective date
of March 1,2013.
4. TRANSITION TO CITY UTILITIES. At the time of annexation and at the time of this Notice and
Agreement,the Property was served by a private water well and private septic system in conformance
with Town of Algoma rules. The City Municipal Code allows newly-annexed properties to maintain a
private septic system until access to the public sanitary sewer system becomes"available,"provided the
private system is functioning properly. The Municipal Code allows newly-annexed properties to
continue using its private well after annexation under certain circumstances.
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April 18, 2017
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5. PUBLIC WATER AND SANITARY SEWER CONNECTION. The City currently has existing
potable water and sanitary sewer facilities near,but not adjacent,to the Property and not in a location in
which would be considered"available"to the Property as described in the Municipal Code. Despite
City utilities not being"available,"the private well on the Property is failing and as a result the Heisler
Trust requests permission to connect to the City's public water supply before these utilities are
extended through and across the adjoining public right-of-way. Similarly, the Heisler Trust also
requests permission to connect to the sanitary sewer system across the adjoining right-of-way.
6. HEISLER TRUST AGREEMENT. The Heisler Trust agrees that it will do the following
a. Connect the Property to the nearest available City public water supply and public sanitary sewer
facilities,which currently include a water main and sanitary sewer main ending at a point in the
right-of-way in front of the adjoining property, 1570 Ripon Lane.
b. Connecting the Property to the public water supply and public sanitary sewer system shall be at
the Heisler Trust's sole cost,regardless of whether the costs were incurred within the Property,or
within the public right-of-way.
c. Prior to beginning work on the water and sanitary sewer connections, provide the City with
information and plans required or requested by the City. The City has the sole discretion to
approve or deny the plans as submitted,but agrees to review the plans and proposals in good faith.
d. Follow all rules and regulations while connecting to the City's public water supply and sanitary
sewer system, including obtaining permits including, but not limited to,plumbing and right-of-
way, as well as paying any connection charges, and following the plumbing and other codes.
e. Retain ownership and be fully responsible for the installation,maintenance,and repair of private
facilities resulting in access to the nearby public water main and the public sanitary sewer system,
whether the private facilities are within the Property or within the public right-of-way. It is
understood that the preceding does not alter the private lateral responsibilities of any property
owner as outlined in the Municipal Code.
7. NOTICE OF FUTURE ASSESSMENTS AND CHARGES. The Heisler Trust agrees that at such time
that the City extends public utilities over and through the adjoining right-of-way,or over and through
any other location that would make such those utilities"accessible"to the Property,that the Property
will be fully responsible for all special assessments, area assessment charges, and any other lawful
charges approved by the City for such a project. The Heiser Trust agrees that it will not allege any lack
of benefit to the Property or other defense or reason intended avoid that application of such special
assessment,area assessment,or other lawful charges to the Property. The preceding agreement by the
Heisler Trust does not,however,prohibit it from objecting to, or voicing opinions about,the project
planned by the City in the same manner that any other property owner or citizen may generally object
to, or provide citizen input for, any intended City public works project.
8. CITY AGREEMENT. The City agrees that at such time that public utility facilities ware extended
over and through the adjoining right-of-way,the City will reconfigure the private facilities extending
through the right-of-way that connects the Property to the nearby public water and sanitary mains. The
cost of reconfiguring between the Property line and the new utility extension in the right-of-way shall
be at the City's expense. After the City has reconfigured the private facility,the Heisler Trust shall
retain ownership,maintenance, and repair responsibilities of the private water and sanitary facilities,
whether within the Property or within the right-of-way.
9. ATTACHED TO LAND. This Notice and Agreement will attach to the land with the benefits and
burdens extending to the parties,their beneficiaries,heirs,transferees, successors, and assigns.
10. NO THIRD PARTY BENFICIARY. This Notice and Agreement benefits and burdens the parties,
their beneficiaries,heirs,transferees, successors, and assigns,but is not third parties.
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April 18, 2017
THOMAS AND SHIRLEY HEISLER REVOCABLE TRUST U/A DATED JUNE 18, 2007
�r
By ._�,�_ BY
Thomas Heisler, Trustee hiriey Heisler,frustee
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this �( ' day of Q. , 2017, the above named Thomas Heisler and
Shirley Heisler,to me known to be the persons who executed t ie foregoing instrument and acknowledged the
for the purpose herein contained. P flirt
Notary Public, State of tWisc:
My Commission expires: 4AROIA
BUSS
CITY OF OSHKOSH .. FOF WIS� �
By: By ..... 'M
Mark A. Rohloff, City Manager Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally carne before me this J8fl.% day of , 2017, the above named Mark A. Rohloff and
Pamela R.Ubrig,to me known to be the persons who execuieJ the foregoing instrument and acknowledged the same,
for the purpose herein contained.
Notary Public, State of Wisconsin
My Commission expires: f a -i3 ~-7oao
AP OVED S T FORM.
in . LorensoaXily Attorney
Drafted by:
David J. Praska,Deputy City Attorney
Oshkosh, Wisconsin
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Apr111 S, 2017