HomeMy WebLinkAboutKurt A. Koeppler & Peggy D. Hirschberg & Oshkosh/ Easement �I `57
III I I I I I I
III
I I
Easement 8363866
Tx:4265214
Document Number Document Title 1745915
REGISTER'S OFFICE
THIS IRDENTURE,made this day of �� V ,2017, I N N E BA O COUNTY, W1
by KURT A.KOEPPLER and PEGGY D,HIRSCHBERG,col ectively,Grantor,and RECORDED ON
CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, 08/04/'2017 8:51 Ahs
Wisconsin,Grantee,
NATALIE STROHMEYER
WITNESSETH: REGISTER OF DEED
IN CONSIDERATION of the sum of One Dollar($1.00)and other good Name ingAr
and valuable consideration paid by the Grantee,the receipt of which is hereby Name and Return Add
City Attorney's ice
acknowledged,the Grantor,its successors and assigns,does hereby give and grant PO Box 1130
unto the Grantee,its successors and assigns, and Grantee accepts,an easement over, Oshkosh,WI 54903-1130 OZ
under,and through the land hereinafter described.
1. PURPOSE: The purpose and use by Grantee of the Easement 90300100100
Property is to create new public on-street angle parking along the Parcel Identification Number (PIN)
south right-of-way line of West 50'Avenue.
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"C"in Exhibit A,
and is described as follows:
PART OF LOT 2 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 CERTIFIED
SURVEY MAP NO. 1252;THENCE NORTH 00000'30"WEST ALONG SAID
WEST LINE AND THE EXTENSION THEREOF, 845.56 FEET TO THE N.W.
CORNER OF SAID CERTIFIED SURVEY MAP NO, 1252;THENCE SOUTH
73°31'27"EAST ALONG THE NORTH LINE OF SAID CERTIFIED SURVEY MAP
NO. 1252, 127.22 FEET TO THE N.W.CORNER OF SAID LOT 2 AND THE POINT
OF BEGINNING;THENCE CONTINUING SOUTH 73°31'27"EAST ALONG THE
NORTH LINE OF SAID LOT 2,39.27 FEET;THENCE SOUTH 61°28'33"WEST,
14.14 FEET;THENCE NORTH 73°31'27"WEST,26.39 FEET;THENCE NORTH
00023'42"EAST ALONG THE WEST LINE OF SAID LOT 2, 10.41 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
June 19, 2017 1
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 not be charged. However, all
subsequent construction,maintenance,repair, and replacements shall be reimbursed through special assessments or
other method allowed by law. However, 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.
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,
June 19, 2017 2
Such damage hints,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:
Kurt A.Koeppler
40 W.6h Ave.
Oshkosh,WI 54902-6036
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.
G :NTZO��
NV
/k.
�7
r
urt A.Koepp r e D.Hirschberg
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before me thiss'/k day of J'L( ,2017,the above named Kurt A.Koeppler,to WlknbMrrto be
the person who executed the foregoing instrument anddjnd ac� ed the me,for
the purpose herein conta2p 4;--A. r
Notary Public,State of Wisconsin = 1\1 0 7'1
My Commission expires: �j C)
13i_,IC r a
STATE OF WISCONSIN ) ""���" ., •'S~ted`~
)ss. op
WINNEBAGO COUNTY ) ,►►► ® ! ! !e
Personally came before me this S* day of_"Ti�..c '2017,the above named Peggy D.Hirschberg,to me known to
be the person who executed the foregoing instrument and dck&wle d the s me,for the purpose herein contained,
Notary Public, State of Wiscons►
My Commission expires: '/31 0
'r
GRANTEE •,o
Ma .Rohloff, ity Managjr
"
Pamela R. Ubrig,City Clerk ►,! ! ®, ,
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this day of^ ,2017,the above named Mark A.Rohloff and Pamela R.
Ubrig of the City of Oshkosh,to me known to be such persons who executed the foregoing instrument and acknowledged the
same,for the purpose herein contained.
Notary Public,State of sconsih
My Commission expires: �
APP 0VED AS TO FO
Ly orenson,City o•ney
,Tune 19, 2017 4
pz0
LJ.JCD Uh�d �d d Nd'h'd'o/ia / to I
_�: ZOO d-rd•.-tp d'Mr N'-M d• / � O
W�Om ¢rilo trod =ottoitlolri Zj t ^
�.W �.-t••-nr,-•-N.-MrNN f----------- � V
LL-
¢vim
a' wwr�ww3ww�3w
(n S hrM1�10
LO MN d NI7NMNN
M m r(A
Z Q F,M M N;7 N t7 N M N M N M M IJ/ a
¢Z L- i)M)r M r M O M• t7.-17 nnM / !!--
�g�
W [f 1!] A
? 0
w�0:
maw W
7-1
// ` / o
X >W /
k
w
�N� // /A zLO0000
j Z T
W N N
n
}. /
OL.�7O � � /� � ww33w
00 0 O O N O N
d.V) U / ¢A¢NN N� '..
co co 0 co a
If m WCn In z
z
/ y oCI
iz
Y
A !
93
a
/ I + to
0
/ / N00'00'30'W to
-- ---�/ 741.35' N
645.56'
/ Z �
tttnnlll'lu,, ■..�.
— � ,:��;.•• ..bob,; ���09 I����ss�xs�xa�u a, �
�i•-�� •• •,:� pI X
In •7� p1)
J fo.
1511 uj to
AIL
.� dm
lit]1fit 1II ttt�````
x�1
In N