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Document Number
Easement
Document Title
THIS INDENTURE, made this k*` day of , 2017,
by MUZA METAL PRODUCTS, LLC, (Muza) Grantor, and CITY OF OSID
(City) located in Winnebago County, Wisconsin, Grantee,
WITNESSETH:
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good
and valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, the Grantor, its successors and assigns, does hereby give and grant
unto the Grantee, its successors and assigns, and Grantee accepts, an easement over,
under, and through the land hereinafter described.
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
09/08/2017 8:53 AM
NATALIE STROHMEYER
REGISTER OF DEEDS
RECORDING FEE 30.00
Area nwr_ec. V
Name and Return Address
City Attorney's Office
PO Box 1130
Oshkosh WI54903-1130
PURPOSE: The purpose and use by Grantee of the Easement Property
described in this document shall be for use by Grantee for the 91519310000
installation and use of traffic control poles, signals, wiring, and
appurtenances, as well as the installation and use of public sidewalk parcel Identification Number (PIN)
as necessary to utilize any traffic control features that may be located on the traffic control poles.
EASEMENT: Muza grants, and the City accepts, an Easement over, under, and through the property
described in this document for the purposes described and according to the terms set forth herein.
3. CONSIDERATION: The parties agree that a material consideration for this Agreement is that Muza will
provide the City with the full benefit of use of the Easement Property as described herein in return for the
City's replacement of the entire sidewalk in compliance with ADA requirements, as well as new traffic and
pedestrian signals and conduit. These improvements will be located in both the Easement as well as the
right-of-way. Despite the replacement of the entire sidewalk, Muza will not be assessed for the entire
sidewalk pursuant to a separate calculation provided by the City. The size, location, and construction,
including the timing of construction, shall be at the sole discretion of the City. Both parties agree that after
the initial installation of the adjacent sidewalk, all future maintenance, repair, and replacement of the whole
sidewalk shall be the financial responsibility of Muza, its successors and assigns pursuant to all relevant
codes, rules, and statutes pertaining to sidewalks within the City of Oshkosh.
4. GRANTOR'S PROPERTY: The Easement will be over, under, and through a small part of Grantor's larger,
commercial property. Grantor's larger property within which the Easement Property, described below, is
located in the City of Oshkosh, Winnebago County, Wisconsin, and is more particularly described as
follows:
That part of the South West 1/< of the SOUTH EAST '/e of Section 12, Township 18
North, of Range 16 East, in the Fifteenth Ward; City of Oshkosh, Winnebago County,
Wisconsin, described as follows,
Commencing at the point of intersection of the center line of Murdock Avenue with
the center line of Bowen Street (also known as County Trunk Highway "A") which
point is 1369 feet and 1.1/2 inches west of the Southeast corner of said Section, thence
west, along the centerline of said Murdock Avenue, 406 feet, the place of beginning;
thence NO' 20' west, 685.4 feet; thence west and parallel with the center line of
Murdock Avenue, to the Easterly line of the right of way of the Wisconsin Central
Railroad (formerly the Chicago and Northwestern Railway Company); thence southerly,
along the Easterly line of said right of way, to the center line of Murdock Avenue;
thence east, along the center line of said Murdock Avenue, to the place of beginning.
Street Address 606 East Murdock Avenue
8, 2017
EASEMENT PROPERTY: The property subject to this Easement Agreement granted herein, the Easement
Property, is located in the City of Oshkosh, Winnebago County, Wisconsin, is described as follows and
identified for reference purposes on Exhibit A, attached:
A part of a parcel of land being part of the SW %4 of the SE '/4 of Section 12, TI 8N, R16E,
in the 15' Ward, City of Oshkosh, Winnebago County, Wisconsin, and being described
as follows:
Commencing at the southwest comer of Lot "1" CSM #1398 Doc #632014 R of D, thence
East along the North right of way line of E. Murdock Avenue to the West right of way line
of Bowen Street; Thence Northerly along the West right of way line of Bowen Street 12.0 ft.;
Thence southwesterly to a point 12.0 ft. Westerly of the West Bowen Street right of way and
2.0 ft. north of the East Murdock Ave right of way; Thence Westerly along a line 2 ft. North
and parallel to the North line of E Murdock Avenue to a point on the Westerly line of lot #1
CSM 1398; Thence southerly along said west line CSM #1398 to a point on the north line of
East Murdock Avenue, also being the point of beginning.
Said Easement contains approximately 646.8 square feet
6. CONSTRUCTION ACCESS: The City shall have the right to temporarily access and use a uniform strip of property
five (5) feet in width within Grantor's parcel number 91519310000, described above as Grantors' Property, directly
adjacent to the Easement Property for initial construction and future maintenance and repair purposes. The City shall
have the right to use this property only for construction and maintenance purposes, and only for periods reasonably
necessary to complete each construction and/or maintenance 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. Muza is not prohibited from installing Iandscaping, fencing, or structures in property
surrounding the Easement Property that are otherwise allowed by City Code. The City shall be responsible for
returning the temporary construction/maintenance area to a condition materially similar as existed at the beginning of
the construction/maintenance project. To that end, the City may be responsible for grading and seeding, landscape
feature replacement, and/or the repair of concrete or asphalt surfaces within this area upon completion of the
construction or maintenance activity. The City's responsibility relate to performing the actual work, while payment
responsibilities -for -the work_wilLbe_assessed_pumuantrto-City_Special-Assessment_P-olicy,—T-he-City-and-Muza may -
also mutually agree to return the disturbed area to a condition that is different than existed at the beginning of the
construction/maintenance project, but in these circumstances the City will be responsible for no additional costs than
the cost of returning the disturbed area to a condition materially similar as existed at the beginning of the
construction/maintenance project and in accordance with the City Special Assessment Policy.
USE AS EASEMENT FOR PUBLIC PURPOSES: The Grantee shall have the right to access, survey, lay, construct,
use, operate, maintain, repair, replace, relocate, and/or remove sidewalk, traffic poles and signals, concrete bases and
conduit for the traffic control poles and signals, as well as any new, additional, and/or future objects, including
sidewalks for access to the pole, which may be appropriate for signage or traffic control purposes within the
Easement Property. The determination of traffic controls, signage, and sidewalks that may be necessary for this
intersection shall be at the discretion of the Grantee. The location of Grantee's facilities may be over, under, or
through the Easement Property.
CONSTRUCTION/MAINTENANCE: The City shall be responsible for constructing, maintaining, repairing, and
replacing all underground utilities and utility structures within the Easement Property, and for the initial construction
of any public sidewalk areas within the Easement Property. The City shall be responsible for maintaining above
ground public utilities and public utility structures within the Easement Property. Muza shall be responsible for all
aspects of maintenance, repair, and replacement of the sidewalk in and adjoining the Easement Property and that will
be installed or replaced by the City. The City's responsibilities include grading and seeding the Easement Property
upon the initial installation of its facilities, and thereafter upon any maintenance, repair, or replacement of any other
utility and/or utility structure over, under, and through the easement property. Muza may be assessed costs of
construction and/or maintenance on the Easement Property as otherwise allowed or required by the Municipal Code.
2
May 8, 2017
INTERFERENCE WITH EASEMENT: Muza, its agents or assigns, shalt not interfere in any way with the City's use
of the Easement Property, and in particular shall not alter the slope, elevation, or vegetation associated with the
Easement Property, or install or construct any structures or improvements within the Easement. Prohibited structures
or improvements include, but are not limited to, temporary or permanent building structures, driveways, parking
areas, sheds, change in elevations, and vegetation except as permitted by the City. Muza shall be expected to
promptly remove any materials or objects it is directly, or inadvertently responsible for locating in the Easement
Property and interfering with the Easement. If Muza fails to remove these structures, materials or objects, the City
may remove them at Muza's expense. The City's written consent will be required before any additional Easement or
use of this Easement Property is granted to third parties; except for Grantor's mortgagee identified herein or its
successors and/or assigns if any become owners of the Grantor's property.
10. USE OF EASEMENT BY OTHERS: Muza agrees that the City may temporarily assign the construction and
maintenance rights identified herein 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 shall
be conducted in a skillful manner, and that Muza's interest in the Easement Property shall be protected to the same
extent as if the City itself was performing the construction and maintenance.
11. DEFAULT: If either Muza 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. Any party in breach
shall have thirty (30) days to cure any actual breach. However, the City may immediately take any actions it believes
is necessary to remedy any situation that materially interferes with the lawful use of the Easement Property and/or
poses a danger or hazard to the public.
12. TERM: This Easement is being granted in perpetuity for public purposes and uses, both current and future, without
regard to the City's use of the Easement Property at any particular time. 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 Muza
and the City, their respective heirs, executors, administrators, successors, assigns, and legal representatives.
13. WAIVER: No delay or omission by any party to this Easement Agreement in exercising any right or power arising
out of any default under any of the terms or conditions of this Easement 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 temps_or-conditions_of_this_Easement Agreement. -
14. INVALIDITY: If any term or condition of this Easement Agreement, or the application of this Easement Agreement
to any person or circumstance, shall be invalid or unenforceable, the remainder of this Easement 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.
15. NO THIRD PARTY BENEFICIARY: The terms of this Easement Agreement are for the benefit of the two parties
identified, as well as their successors and assigns, and it is not the intention of either Muza or the City that other
parties shall acquire any rights to enforce or benefit through this Easement Agreement.
16. MUNICIPAL LIABILITY: Nothing in this Easement Agreement is intended as a waiver of the 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 by the Grantor and incorporated into this
agreement by the municipality and its agents, offices, and employees. Such limitations and immunities shall apply to
any dispute related to this Easement Agreement, even if the claim is based in tort law.
17. GOVERNING LAW: This Easement Agreement shall be construed and enforced in accordance with the laws of the
State of Wisconsin. Venue for any action regarding this Easement 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.
May 8, 2017
18. NOTICES: Any notwes 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:
Muza Metal Products, LLC
Attn: Jeff Beischel
606 E. Murdock Avenue
Oshkosh, WI 54901-2352
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh, WI 54903-1130
19. AUTHORITY: The City 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 City. Muza 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 their respective
party.
SIGNATURE PAGE(S) FOLLOW
DRAFTED BY:
Attorney David J. Praska — - - - - - - -
Deputy City Attorney
Oshkosh, Wisconsin
4
May 8, 2017
IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written.
GRANTOR
MUZA META PRODUCT LC
By: 4
Jeff eischel, Chairman and EO
STATE OF WISCONSIN
) ss.
MILWAUKEE COUNTY }
Personally came before me this j day of V'i��c , 2017 the above named Jeff Beischel, to me known to be such
person who executed the foregoing instrument and aqj<mowledgeejcr the purpose herein contained.
Notary Public, Sta e of Wisconsin'
My Commission expires: xj`aQ
GRANTEE
CITY OF OSHKOSH
By: —.,r
eel
<rk A. kohloff, City Mna et
Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this A day
Ubrig of the City of Oshkosh, to me known to be
same, for the purpose herein contained.
May 8, 2017
WILLIAM DM ELL BALDWINJR.
NOTARY PUBLIC
STATE OF WISCONSIN
of 2 , 2017, the above named Mark A. Rohloff and Pamela R.
such persons who executed the foregoing instrument and acknowledged the
Notary Public, State of Wisconsin
My Commission expires: I 1312:PZ0
CONSENT OF MORTGAGEE
The undersigned, being the holder of a mortgage against the property which includes the identified and described as
"Easement Property" and temporary construction easement described 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.
JP f))D re
)arl OyEe 69n k N.A .
(print name of mortgagee)
By:Awn f7ir 0.11 tl% ,g riWACC✓
(signature) (title)
r7 T fy)ari Qil+-hrr;.3tel O��iccr
(print name) (print title)
STATE OF
) ss.
I' ' COUNTY )
Personall ,came before me thisAday of i (� , 2017, the above named ► (� 1 [
(signator) of (mortgagee), to me known to be such persons who executed
the foregoing instrumetA and acknowledged the same for the purpose herein contained.
Notary Pub ic, State of iscons'
BECKY A KNEIP t My Co ' sion expires: 6
State of Wisconsin
May 8, 2017
Gabrilska, Dan 3/14/2017
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