HomeMy WebLinkAbout50 West 5th Avenue & Oshkosh/Easement 1Zq.S(2
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8363967
Easement
Tx:4265214
Document Number Document Title
1745916
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
THIS INDENTURE,made thisa-) day of E_ 12017, RECORDED O
RECORDED by 50 WEST 6TH STREET, LLC, Grantor, and CITY OF OSHKOSH, a municipal /RRECORD ;�1
corporation, located in Winnebago County,Wisconsin,Grantee,
AM
AT LIE STROHMEYER
WITNESSETH: REGISTER OF DEEDS
IN CONSIDERATION of the sum of One Dollar($1.00)and other good RECORDING EEE 30.00
and valuable consideration paid by the Grantee,the receipt of which is hereby Recording Area
acknowledged,the Grantor,its successors and assigns,does hereby give and grant Name and Return Address
City Attorneys Office
unto the Grantee, its successors and assigns,and Grantee accepts,an easement over, PO Box 1130 b�q,
under,and through the land hereinafter described. Oshkosh,WI 54903-113
1. PURPOSE: The purpose and use by Grantee of the Easement 90300100000
Property is to create new public on-street angle parking along the
south right-of-way line of West 5t'Avenue. 90300110000
Parcel Identification Number (PIN)
2. PROPERTY: This public purpose Easement shall be over,under,and through a portion of Parcel Number
90300100100,which is a tract of land situated in the City of Oshkosh,Winnebago County,Wisconsin. The
actual"Easement Property"is identified for illustrative purposes as"Parking Easement"A"and"B" in
Exhibit A,and is described as follows:
PART OF LOT 1 OF CERTIFIED SURVEY MAP NO. 1252,BEING PART OF THE
S.W. 1/4 OF FRACTIONAL SECTION 24,TOWNSHIP 18 NORTH,RANGE 16 EAST,
CITY OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN;WHICH IS BOUND
AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE S.W. CORNER OF SAID FRACTIONAL SECTION 24;
THENCE NORTH 89°51'26"EAST ALONG THE SOUTH LINE OF SAID S.W. 1/4,
590.05 FEET TO THE EXTENSION OF THE EAST RIGHT-OF-WAY LINE OF
NEBRASKA STREET,ALSO BEING THE WEST LINE OF SAID LOT 1;THENCE
NORTH 00000'30"WEST ALONG SAID WEST LINE AND THE EXTENSION
THEREOF, 845.56 FEET TO THE N.W. CORNER OF SAID LOT 1;THENCE SOUTH
73°31'27"EAST ALONG THE NORTH LINE OF SAID LOT 1, 13.67 FEET TO THE
POINT OF BEGINNING;THENCE CONTINUING SOUTH 73°31'27"EAST ALONG
SAID NORTH LINE,76.46 FEET;THENCE SOUTH 61°28'33"WEST, 14.14 FEET;
THENCE NORTH 73°31'27"WEST,76.46 FEET;THENCE NORTH 61°28'33"EAST,
14.14 FEET TO THE POINT OF BEGINNING.
AND
PART OF LOT 1 OF CERTIFIED SURVEY MAP NO. 1252,BEING PART OF THE
S.W. 1/4 OF FRACTIONAL SECTION 24,TOWNSHIP 18 NORTH,RANGE 16 EAST,
CITY OF OSHKOSH, WINNEBAGO COUNTY,WISCONSIN;WHICH IS BOUND
AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE S.W. CORNER OF SAID FRACTIONAL SECTION 24;
THENCE NORTH 89°51'26"EAST ALONG THE SOUTH LINE OF SAID S.W. 1/4,
590.05 FEET TO THE EXTENSION OF THE EAST RIGHT-OF-WAY LINE OF
NEBRASKA STREET,ALSO BEING THE WEST LINE OF SAID LOT 1; THENCE
NORTH 00000'30"WEST ALONG SAID WEST LINE AND THE EXTENSION
THEREOF, 845.56 FEET TO THE N.W. CORNER OF SAID LOT 1;THENCE
SOUTH 73°31'27"EAST ALONG THE NORTH LINE OF SAID LOT 1, 115.58 FEET
June 19, 2017 1
`-C
TO THE POINT OF BEGINNING;THENCE CONTINUING SOUTH 73°31'27"EAST
ALONG SAID NORTH LINE, 11.64 FEET TO THE N.E.CORNER OF SAID LOT 1;
THENCE SOUTH 00023'42"WEST ALONG THE EAST LINE OF SAID LOT 1,
10.41 FEET;THENCE NORTH 73°31'27"WEST,24.52 FEET;THENCE NORTH
61°28'33"EAST, 14.14 FEET TO THE POINT OF BEGINNING.
3. PUBLIC USE: Both the Grantee and the public shall have access and use of on-street parking in the same manner as
such facilities that are solely within a public right-of-way. Similarly,terms of use for these facilities shall be
governed by the City of Oshkosh Municipal Code,as may be amended from time to time. Grantee shall have the
right to fully use the Easement Property for these stated purposes,including but not limited to the right to access,
survey, lay,construct,use,operate,maintain,repair,replace,relocate, and/or remove all allowed public facilities and
related items, including but not limited to signage and street lighting,including conduit and related appurtenances.
4. MAINTENANCE: The on-street parking shall be constructed and maintained in the same manner as on-street
parking otherwise located within public right-of-way as described in the City of Oshkosh Municipal Code and other
applicable laws,as may be amended from time to time. By way of example,and without varying Municipal Code
obligations,Grantee shall construct the on-street parking, install any necessary signage and striping, and grade and
seed those portions of the Easement Property that has not been improved. Grantee shall be responsible for
maintaining and snowplowing of the street and on-street parking,while Grantor shall remain responsible for
maintaining vegetation, if any,within the Easement Property. The Municipal Code terms regarding payment for the
initial construction costs for the initial construction shall not apply as the Grantor will be fully charged for these costs
as more fully described in a separate Developer's Agreement for right-of-way work. However,all subsequent
construction,maintenance,repair, and replacements shall be reimbursed through special assessments or other method
allowed by law. Grantor's acceptance of this Easement Agreement does not act as a waiver of their right to challenge
or object to any particular assessment or charge in a manner allowed by law.
5. INTERFERENCE WITH EASEMENT: Grantor,its heirs,agents,or assigns,shall not interfere in any way with the
use of the Easement by the Grantee or the public through any change of grading,or installing or constructing any
structures,improvements,vegetation, landscaping,signs,fences,or anything that would impede the authorized use of
the Easement by the Grantee or the public. Grantor shall promptly remove any of its objects,materials,or structures
which impede the authorized use of the on-street parking on the Easement Property. Grantee may removed any
impediment caused or allowed by Grantee at Grantor's expense.
6. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the access rights
identified herein to any contractor,third party,or other assignee that will be performing work on the Easement
Property which would otherwise be allowed for Grantee itself to undertake. Grantee shall take reasonable steps to
ensure that the other party sufficient competence and gives adequate assurances that any work to be performed in or
around the easement shall be conducted in a skillful manner,and that the Grantor's interest in the easement premises
shall be protected to the same extent as if the Grantee was itself performing the construction and maintenance.
7. 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)days to cure any actual breach. However,Grantee may immediately remove any object or material which
it believes materially interferes with the design of the public on-street parking within the Easement Property.
8. 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. The easement rights granted through this
document shall not be considered waived or abandoned except as the Grantee may state in a writing filed with the
Winnebago County Register of Deeds. 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.
9. EXISTING EASEMENTS: The Grantor and Grantee are not aware of any recorded easements or encumbrances
which limit or minimize the use of the Easement Property as anticipated to result from this Agreement.
10. 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.
June 19, 2017 2
11. 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 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.
12. NO THIRD PARTY BENEFICIARY: The public shall benefit from the use of the on-street parking in the same
manner as they may benefit from use of similar facilities fully within public rights-of-way according to the terms and
conditions for these uses in the Municipal Code. However,the specific 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 from,through this Agreement.
13. MUNICIPAL LIABILITY: The Grantee's liability for actions and/or inactions on or related to the Easement
Property shall be consistent with its liability that may exist or accrue on City-owned right property or right-of-way.
Therefore,nothing in this Agreement is intended to waive,alter,or minimize the Grantee municipality's right or
opportunity to rely upon the municipal limitations and immunities 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 and are incorporated into this agreement and
shall govern all disputes,contractual or otherwise,as they apply to the municipality and its agents, officers,and
employees.
14. 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.
15. NOTICES: Any notices required by this Easement Agreement 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:
50 West 61 Street,LLC
Attn:Andrew Dumke
200 South Ohio, Ste.230
Oshkosh,WI 54902-5884
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh,WI 54903-1130
16. 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 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. Grantee's written consent will be required before any additional easement or use of this easement property
is granted to third parties.
SIGNATURE PAGES FOLLOW
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
June 19, 2017 3
IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written.
50 WEST 6TH STREET, LLC
By:
Andrew Dumke,Managing Member •••'C,.; O,Q
STATE OF WISCONSIN ) p .• �(;
ss. dy�'••.......••''•
WINNEBAGO COUNTY ) SppNSvta
Personally came before me this day of_ VA-e- ,2017,the above named Andrew Dumke,to me known to be
the person who executed the foregoing instrument and knowledged the same,for the purpose herein contained.
otary Public, State of Wisc nsi
My Commission expires: l7 0/7
GRANTEE
By:
A.Rohloff,City Mana r
...
By
Pamela
R.Ubrig, City Cler
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this day of — rr �U ,2017,the above named Mark A. Rohloff and Pamela R.
Ubrig of the City of Oshkosh,to me known to be such person who executed the foregoing instrument and acknowledged the
same,for the purpose herein contained. q_.
Notary Public,IState of Wiscon in
My Commission expires:_ ` 1 e �..Cl
An
VED A TO RM:
.Lorenso Attorney
June 19, 2017 4
CONSENT OF MORTGAGEE
The undersigned,being the holder of a mortgage against the property identified and described as"Easement Property"in this
easement agreement,consent to the grant of the easement set forth above for the sole purpose of subordinating its interest in the
Easement Property to the conveyance of this Easement.
(print name of mortgagee)
By:
(signatu ) (title)
"Jy �� 14, l I U
(print name) (print title)
STATE OF
)ss. tt
UJ=nn COUNTY )
Personally came before me this ` day of e ,2017,the above named
(signator)of (mortgagee), to me known to be such persons w uted
the foregoing instrument and acknowledged the sam for the purpose herein contained
Public, State of
�4pOs�M My Commission expires: ) V
••••.\�� 'Y",,
a yd'y1 oN �
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June 19, 2017 5
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