HomeMy WebLinkAboutOshkosh Area School District Bus Shelter002 -
Easement
Document Number I Document Title
THIS Agreement is made this q;�L day of 12017,
by and between the OSHKOSH AREA SCHOOL DSTRICT, Grantor, and C
OF OSHKOSH, Grantee,
PURPOSE: The School District and City seek to improve the publi
transportation experience at the bus stop on this School District propert
for the school's students, staff, others accessing the School Distric
property, and other public transportation riders using this bus stop. T
help achieve this goal, the School District will grant an Easement to th
City so that the City can install a bus stop shelter and/or other transit
related facilities on the Bus Stop Shelter Property. The School Distri<
will also grant an adjoining Maintenance Easement to the Cityto allow th
City to more easily maintain its bus stop shelter and/or other transit -
Y I1191HII IIIIIEiBIIIVI
1748947
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
09/12/2017 9:42 AM
NATALIE STROHMEYER
REGISTER OF DEEDS
RecordineAAECORDING FEE 30.00
Name and Return AddrFsf" '
City Attorney's Office
PO Bax 11311'
Oshkosh, WI 54903-1130
related facilities installed within the Easement Property. 91608720100
Parcel Identification Number (PIN)
EASEMENTS: The School District, its successors and assigns, gives and grants to the City, its successors and
assigns, and the City accepts, two Easements over, under, and through the Properties described in this Easement
Agreement. The City is allowed to use the Easements for purposes related to its public transit system and as
more specifically described in this Easement Agreement. Easement uses include one Easement for the placement
of a bus stop shelter and/or other transit related facilities, and a second, limited, Easement to provide extra space
to the City so that the bus stop shelter can be maintained. Both Easements are subject to the rights and
obligations described in this Easement Agreement.
CONSIDERATION: The sum of One and NO/100 Dollar ($1.00) and other good and valuable consideration,
the receipt and sufficiency are acknowledged. Both parties agree that each is giving and receiving material
benefits exceeding monetary value. The School District benefits from improved bus stop facilities for its
students, staff, and other public transportation riders accessing the school property. The City benefits from
providing improved bus stop facilities for its public transportation riders, whether accessing the School District
property using this particular bus stop for convenience.
PROPERTY: The School District's larger Property on which these Easements are located is described as
follows:
That part of the North East '/4 of the North West %4 of Section 22, Township 18 North,
Range 16 East, in the Sixteenth Ward, City of Oshkosh, Winnebago County, Wisconsin,
lying south of the South line of Taft Avenue, west of the West line of Eagle Street, north
of the North line of Southland Avenue, and east of the East line of Westfield Street.
PIN:91608720100
Street Address: 375 North Eagle Street, Oshkosh (West High School)
EASEMENT PROPERTY — BUS SHELTER: The Easement allowing use of School District property by the
City as a bus stop shelter ("Bus Stop Shelter Property") shall be over, under, and through the property identified
as "Easement #1" in Exhibit A, attached, and is described as follows:
[SEE "EASEMENT #I FOR BUS SHELTER", ATTACHED AS EXHIBIT A]
6. EASEMENT PROPERTY - MAINTENANCE ACCESS: The City will need extra space around the bus stop
shelter to install, maintain, and repair the bus stop shelter and/or other transit -related facilities installed.
Therefore, the School District also grants to the City an adjoining Easement limited in use to allow the
construction, maintenance, and repair of the bus shelter and/or other transit -related facilities. This limited
28, 2017
Easement allowing use of School District property by the City for construction, maintenance, and repair of the
bus stop shelter and/or other transit -related facilities (Maintenance Property) shall be over, under, and through
property identified as "Easement #2" in Exhibit A, attached, and is described as follows:
[SEE "EASEMENT #2 FOR BUS SHELTER MAINTENANCE", ATTACHED AS EXHIBIT A]
LOCATION OF EASEMENTS: A map identifying the locations both the Bus Stop Shelter Property and the
Maintenance Property is attached and incorporated into this Agreement as Exhibit B.
ACCESS RIGHTS: The City shall have the right to access and use the Bus Stop Shelter Property and the
Maintenance Property for any purpose related to the terms and conditions described in this Agreement.
USE BUS SHELTER EASEMENT FOR PUBLIC ACCESS AND PURPOSE: The City shall have the right to
fully use the Bus Stop Shelter Property for all purposes associated with its public transit system. The Bus Stop
Shelter Property will be accessible by the public, and will be subject to any rules and regulations for the use of
bus stops and/or bus stop shelters as the City may from time to time approve or authorize. The City shall have
the right to access, survey, lay, construct, use, operate, maintain, repair, replace, relocate, and/or remove a bus
stop shelter and/or other transit -related facilities that may be necessary to carry out the purpose of this Easement
Agreement. The installation of the bus shelter, and the continued use of the Bus Stop Shelter Property as a bus
stop, shall be at the discretion of the City. The public shall have the right to use any sidewalks, cement pad, and
bus shelter on the Bus Stop Shelter Property in a manner consistent with use of other bus shelters within the City
by the public and/or consistent with City's specific rules for this particular shelter.
10. USE OF BUS SHELTER MAINTENANCE EASEMENT: The City shall be allowed to use the Maintenance
Property on a limited and temporary basis to carry out construction, maintenance, and repair activities for the bus
shelter and/or other transit -related facilities. The City shall have the right to use this Maintenance Property only
for construction, maintenance, and repair purposes. The Maintenance Property shall be used only for periods
reasonably necessary to complete each construction, maintenance, or repair project. Construction and
maintenance access shall include the initial construction, as well as subsequent maintenance, repair, and
replacement completed by, or at the direction of, the City. The School District may install landscaping, fencing,
or structures in the Maintenance Property that are otherwise allowed by City Code and approved by the City.
The City is allowed to deny such improvements if they would materially affect the City's ability to construct,
maintain, or repair the bus shelter and/or other transit -related facilities. The City shall be responsible for
repairing the Maintenance Property to the extent the City has caused damage.
11. CONSTRUCTION/MAINTENANCE: The School District will install at its expense the concrete pad for the
bus stop shelter on the Bus Stop Shelter Property. The City's Transit system, GoTransit, will reimburse the
School District for any City building permit or other City fees related to the installation of the concrete pad. The
concrete pad installation shall be according to the City's specifications to allow the proper installation of the
City's bus stop shelter. The City will install at its expense the bus stop shelter structure on the concrete pad.
Once the concrete pad and shelter structure are installed, the City will be responsible for future maintenance,
repair, and replacement, except to the extent caused by the willful or negligent actions of the School District.
The City will grade and seed the Bus Stop Shelter Property and the Maintenance Property when appropriate after
the initial construction and if necessary after future maintenance. The School District is responsible for regular
maintenance, such as mowing, of the vegetation on both the Bus Shelter Property and the Maintenance Property
surrounding the concrete pad and shelter structure. The City shall be responsible for removal of snow and ice
within the Bus Stop Shelter Property.
12. INTERFERENCE WITH EASEMENT: The School District, its agents or assigns, shall not interfere in any way
with the City's use of its Easements. In particular the School District shall not alter the slope or elevation of the
Easement Properties, alter the vegetation associated with the Easement Properties, or install or construct any
structures or improvements within the Easement Properties. The School District shall not place, pile, or move
snow or ice onto the Easement Properties. Prohibited structures or improvements include, but are not limited to,
temporary or permanent building structures, driveways, parking areas, sheds, change in elevations, vegetation
except grass, landscaping or fences. Both parties have an interest in keeping the Easement Properties free of
litter, debris, and obstructions. Each party will be responsible for removing materials or objects on the Easement
Properties that they are responsible for, whether directly, indirectly, or inadvertently.
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July 28, 2017
13. USE OF EASEMENT BY OTHERS: The School District agrees that the City may temporarily assign its ability
to access the Easement Properties for construction, maintenance, and related purposes to any contractor, third
party, or other assignee who demonstrates to the City sufficient competence and gives adequate assurances that
any work to be performed in or around the Easement Properties shall be conducted in a skillful manner, and that
the School District's interest in the Easement Properties shall be protected to the same extent as if the City itself
was performing the construction, maintenance, and related activities.
14. DEFAULT: If either the School District or the City reasonably believes that the terms of this Easement
Agreement have been breached, then written notification of the alleged breach shall be delivered to the other
party. The breaching party shall have thirty (30) days to cure any actual breach. However, the City may take
immediate action when it believes that conditions materially interferes with the lawful use of the Easement
Properties and/or pose an immediate danger or hazard to the public.
15. TERM: The Easements are being granted for public purposes and uses as described in this Agreement for as
long as the Easement Properties are being or will be used by the City as a public transit bus stop. The City will
notify the School District in writing when the City has officially decided that it will no longer use the Easement
Properties for as a public transit bus stop. The actual termination of Easement rights shall occur at a reasonable
time after the City has officially and permanently ceased using the Easement Properties as a public transit bus
stop. Each party agrees to cooperate in providing the other appropriate documentation to reflect the termination
of the Easements. The City shall remove the bus stop shelter structure and concrete pad at its expense upon the
termination of these Easements. 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 School District and the City, their
respective subdivisions, heirs, executors, administrators, successors, assigns, and legal representatives.
16. 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 one party of an obligation required of the other party shall not be construed to be a waiver
of any other terms or conditions in this Agreement.
17. INVALIDITY: If any term or condition of this Agreement, or the application ofthis Agreement to any person or
circumstance, shall be determined to be invalid or unenforceable by a court of competent jurisdiction, then the
remainder of this Agreement shall remain valid and enforceable to the fullest extent permitted by law.
18. NO THIRD PARTY BENEFICIARY: The terms of this Agreement are for the benefit of the two parties
identified, and it is not the intention of either the School District or the City that other persons or entities shall
acquire any claims by or through this Agreement.
19. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the either parties' right or
opportunity to rely upon the governmental limitations and immunities contained within Wisconsin law.
Governmental 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 by the Grantor and
the Grantee and are incorporated into this agreement by the governments and their agents, offices, and
employees. Such limitations and immunities shall apply to any dispute related to this Agreement, even if the
underlying statutory and/or common law limitation is based upon a tort.
20. 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.
21. 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 Properties.
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July 28, 2017
FOR THE GRANTOR:
Oshkosh Area School District
c/o Business Manager
PO Box 3048
Oshkosh, WI 54903-3048
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh, WI 54903-1130
22. AUTHORITY: The School District and the City affirm that all necessary boards and elected officials have
approved the granting and acceptance of this Easement Agreement, and that the undersigned have the authority
to sign this Agreement.
SIGNATURE PAGE(S) FOLLOW
DRAFTED BY:
Attorney David J. Praska
Deputy City Attorney
Oshkosh, Wisconsin
4
July 28, 2017
IN WITNESS WHEREOF, said Grantor and Grantee have set their hand and seal the day and year first above written.
GRANTOR
OSHKOSHJA SCHO L DIS CT
By: �i��
1 o S1nPsS �'�'✓tc�S
(print name) (print title)
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY ) ,
Personally came before me this ";?3rdday of , 2017, the above named 3 u e ` C O- ( n a r r ,
to me known to be such person who executed the fore ing instrument and acknowledged the same, for the purpose herein
contained.
Notary Public, State of Wi nsin p
My Commission expires: /� �l d
GRANTEE
CITY OF OSHKOSH r-�
By:
Ma A. Rohloff, City.Man
By:
Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me thisday of i 2017, the above named Mark A. Rohloff and Pamela R.
Ubrig of the City of Oshkosh, to me known to be LPubli
rsons who executed the f going instrument and acknowledged the
same, for the purpose herein contained.
S to of Wisconsi
My Commissi xpires: l
AP OVED AS TO FORM:
Lorenson, ty Attorney
5
July 28, 2017
July 14, 2017
Parcel 16-0872-0100
375 North Eagle Street
Easement #1 for Bus Shelter
Part of NE 1/4 of NW 1/4, Section 22, T18N R16E in the City of Oshkosh, Winnebago County.
Commencing at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of Section 22,
T1 8N R1 6E; thence Northerly 33.00 feet along the East line of the NW 1/4 of said Section 22 to
the extended north line of Southland Avenue west of Eagle Street; thence Westerly 33.00 feet
along the extended north line of Southland Avenue west of Eagle Street to the West line of
North Eagle Street; thence Westerly 53.76 feet along the North line of said Southland Avenue to
the point of beginning; thence Northerly approximately 3.91 feet perpendicular to the said North
line of Southland Avenue to the existing back edge of walk; thence continuing Northerly 7.00
feet along said line perpendicular to the north line of Southland Avenue; thence Westerly 18.00
feet along a line parallel to the North line of said Southland Avenue; thence Southerly 7.00 feet
along a line perpendicular to the North line of Southland Avenue to a point on the existing back
edge of walk; thence continuing Southerly 3.91 feet perpendicular to the North line of Southland
Avenue to said North line of Southland Avenue; thence Easterly 18.00 feet along said North line
of Southland Avenue to the point of beginning and containing 0.0045 acres (196.38 sq. ft.) of
land.
Easement 42 for Bus Shelter Maintenance
Part of NE 1/4 of NW 1/4, Section 22, TI 8N R1 6E in the City of Oshkosh, Winnebago County.
Commencing at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of Section 22,
T1 8N RI 6E; thence Northerly 33.00 feet along the East line of the NW 1/4 of said Section 22 to
the extended north line of Southland Avenue west of Eagle Street; thence Westerly 33.00 feet
along the extended north line of Southland Avenue west of Eagle Street to the West line of
North Eagle Street; thence Westerly 48.76 feet along the North line of said Southland Avenue to
the point of beginning; thence Northerly approximately 3.91 feet perpendicular to the said North
line of Southland Avenue to the existing back edge of walk; thence continuing Northerly 12.00
feet along said line perpendicular to the north line of Southland Avenue; thence Westerly 28.00
feet along a line parallel to the North line of Southland Avenue; thence Southerly 12.00 feet
along a line perpendicular to the North line of Southland Avenue to a point on the existing back
edge of walk; thence continuing Southerly 3.91 feet perpendicular to the North line of Southland
Avenue to said North line of Southland Avenue; thence Easterly 28.00 feet along said North line
of Southland Avenue to the point of beginning and containing 0.0102 acres (445.48 sq. ft.) of
land.
1:\Engineering\2017 Contracts\2017 RW & Easements\37S N Eagle St- bus shelter easement descriptions,d x Page 1
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