HomeMy WebLinkAboutRedevelopment Authority / Timothy R SchisselPrivate Sanitary
W9(n I Sewer Easement Agreement
Document Number
Document Title
THIS INDENTURE, is made this day of 2017,
by the REDEVELOPMENT AUTHORITY FOR THE CITY OF OSHSK(
Grantor, and TIMOTHY R. SCHISSEL, Grantee.
WITNESSETH:
PURPOSE: The purpose of this Easement is to allow the Grantee to
use the Easement Property described in this Agreement for its private
sanitary sewer lateral. The Easement is located on a part of Grantor's
property, Tax Parcel 90300190000. The private sanitary sewer lateral
allowed within the Easement is only for the benefit of three adjacent
parcels owned by Grantee, namely Tax Parcels 90300320000,
90300320100, and 90300320200. Grantee's use of the Easement
Property will be subject to the Grantor's rights to use the surface of
the Easement Property as described in this Agreement.
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8 3 5 6 3 7 6
1742990
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
06/29/2017 9:56 AM
NATALIE STROHMEYER
REGISTER OF DEEDS
RECORDING FEE 30.00
Jing Area DAC_`FC• A
and Return Address
City Attorney's Office
PO Bog 1130
Oshkosh, WI 54903-1130
90300190000,90300320000,
90300320100,90300320200
Parcel Identification Number (PIN)
EASEMENT: Grantor, its successors and assigns, gives and grants to the Grantee, its successors and
assigns, and the Grantee accepts, an Easement over, under, and through the Easement Property subject to the
terms described in this Easement Agreement.
CONSIDERATION: The sum of One Dollar ($1.00) and other good and valuable consideration paid by the
Grantee, the receipt and sufficiency of which is hereby acknowledged.
EASEMENT PROPERTY: The property subject to this Easement granted herein shall be over, under, and
through a certain parcel of land (`Easement Property"), described as follows:
Part of Lot 10 in Block 5 in the Plat of the Original Third Ward located in the fractional
Southwest `/4 of the Southwest 11/4 of Section 24, Township 18 North, Range 16 East, City
of Oshkosh, Winnebago County, Wisconsin, bounded and described as follows:
Commencing from the Southwest corner of Section 24, Township 18 North, Range 16 East;
thence N00°38'33"W, 689.77 feet along the West line of said Section 24 to a point on the
extended South line of W. 6TH Avenue; thence S89°42'25"E, 533.02 feet along the extended
South line and South line of said W. 61 Avenue to the Northeast corner of Block 5 in the
Plat of the Original Third Ward; thence S00°19'05"E, 70.00 feet along the East line of said
Block 5 also being the West line of Nebraska Street to the Point of Beginning; thence
continuing S00° 19'05"E, 20.00 feet along said West line to the Southeast comer of Lot 10
of said Block 5; thence N89°42'25"W, 50.00 feet along the South line of said Lot 10 to the
Southwest corner of said Lot 10; thence N00° 19'05"W, 20.00 feet along the West line of
said Lot 10; thence S89°42'25"E, 50.00 feet to the Point of Beginning. Said area contains
2,000 square feet or 0.023 acres, more or less.
5. ACCESS RIGHTS: Grantee shall have the complete right to access and use the Easement Property for, and related
to, Grantee's private sanitary sewer lateral.
USE FOR PRIVATE SANITARY SEWER LATERAL: The Grantee is allowed to use the Easement for an
underground, private sanitary sewer lateral benefitting the properties described in this Agreement. Grantee's use of
the Easement Property shall be limited to underground use only. The Grantee shall have the right to access, survey,
lay, construct, use, operate, maintain, repair, replace, relocate, and/or remove the private sanitary sewer lateral. A
map of the Easement Property is attached as Exhibit A.
22, 2017
41
7. MAINTENANCE: Grantee shall be responsible for maintaining the private sanitary sewer lateral and appurtenances
on and within the Easement Property, including the maintenance, repair, and replacement. Grantee's surface
responsibilities include grading and returning the surface to its condition before any particular work began, except
that when replacing disturbed grass, seed may be used instead of sod. Grantee's obligations in returning the surface
to its beginning condition before performing work on its private facilities includes repairing and/or replacing hard
surfaced parking, drive aisles, and landscaping. Grantor is responsible for routine maintenance of the surface and any
improvements Grantor places on the surface, including normal wear and tear or maintenance or repairs that do not
result from the Grantee's use of the Easement Property.
8. INTERFERENCE WITH EASEMENT: Grantor, their heirs, agents, or assigns, shall not interfere in any way with
the Grantee's use of the Easement. Grantor shall not install or construct any structures or improvements, except that
Grantor may use the Easement Property surface for parking, drive aisles, and landscaping. Grantor shall not place,
pile, or move snow or ice onto the Easement Property. Prohibited new structures or improvements include, but are not
limited to, temporary or permanent building structures, sheds, change in elevations, or fences. Grantor shall promptly
remove any objects, materials, or structures which impede the Grantee's use of the Easement Property or which limits
the capacity of the Grantee's private sanitary sewer lateral. If Grantor fails to remove materials or objects for which
Grantor is responsible, Grantee shall remove them at Grantor's expense. The Grantor shall take reasonable steps to
prevent third parties from interfering in any way with the Grantee's use of the Easement Property.
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 Property
shall be protected to the same extent as if the Grantee was itself performing the construction and maintenance.
10. DEFAULT: If either Grantor or Grantee 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 sixty (60) 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 private sanitary sewer lateral within the
Easement Property.
11. TERM: This Easement is being granted in perpetuity for as long as Grantee, its successors and assigns, uses the
Easement Property for its private sanitary sewer lateral. In the event Grantee, its successors and assigns, relocates its
private sanitary sewer lateral outside of the Easement Property, then upon the use of the relocated lateral, this
Easement shall terminate without further notice. In the event that the private sanitary lateral is abandoned or unused
for twenty-four (24) or more months, then this Easement shall terminate without further notice. In the event the
Easement is terminated for any reason, Grantee, its successors and assigns, agrees to cooperate with Grantor, its
successors and assigns, to draft and execute a recordable document that will allow the land records to reflect the
termination of this Easement. 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.
12. EXISTING EASEMENTS: The Grantor and Grantee are not aware of any other recorded Easements which relate to
or affect the Easement Property.
13. WAIVER: No delay or omission by any party to this Agreement in exercising any right or power arising out of any
default or breach under any of the terms or conditions of this Agreement shall be construed as a waiver. An explicit
written waiver by one party of any obligation of the other party shall not be construed to be a waiver of any breach of
any other term or condition of this Agreement.
14. INVALIDITY: If any term or condition of this Agreement shall be adjudged invalid or unenforceable, the remainder
of this Agreement, shall not be affected, and each remaining term and condition shall be valid and enforceable to the
fullest extent permitted by law.
2
June 22, 2017
15. 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 Grantor or Grantee that other persons or parties shall acquire any rights, to
enforce or benefit from, through this Agreement.
16. MUNICIPAL LIABILITY: Nothing in this 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 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.
17. 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.
18. 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. Recorded Documents reflecting
changes in ownership of property shall constitute notice of change of contacts. 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:
Redevelopment Authority of the City of Oshkosh
Attn: Community Development Director
P.O. Box 1130
Oshkosh, WI 54903-1130
FOR THE GRANTEE:
S&S Auto Body, Inc.
Attn: Timothy Schissel
609 Nebraska St.
Oshkosh, WI 54902
19. AUTHORITY: The Grantor affirms that all necessary boards and officials have approved the granting of this
Easement, and that the undersigned have the authority to sign this Easement Agreement on behalf of the Grantor.
Grantee 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 and Grantee.
SIGNATURE PAGES FOLLOW
This instrument drafted by:
Attorney David J. Praska
Deputy City Attorney
Oshkosh, WI 54903-1130
June 22, 2017
IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day and year first above
written.
REDEVELOPMENT AUT TY OF THE CITY OF OSHKOSH
By. ' �✓
oe
Stev n J. Cummings, Chair
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Y�
14. Allen Davis, III, Executive Director
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this cb� day of J(,t KP , 2017, the above named Steven J. Cummings and H. Allen
Davis, III, of the Redevelopment Authority 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 Wiscon
My Commission expires: l a O I I, a I 1•,,
SIGNATURES CONTINUED ON NEXT PAGE
0
June 22, 2017
TIMOTHY R. SCHISSEL
Timothy R. Schissel
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this : -� Tday of J� Q, , 2017, the above named Timothy R. Schissel, to me known to
be the person who executed the foregoing instrument and acknowledged the same, for the purpose herein contained.
AV �— C. u6zn4�
Notary Public, State of Wiscons'
My Commission expires: (d
June 22, 2017
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The City of Oshkosh creates and maintains GIS maps and data for Its own use. CIVY They may show the approximate relative location of property, boundaries and other
feature from a variety of sources. These map(sydatasets are provided for Printing Date., 5/10/2017 Oshkosh
Information purposes only and may not be sufficient or appropriate for legal, Prepared by: City of Oshkosh, Wl
engineering, orsurveying purposes. They are provided 'AS -IS" without warranties
J:IGISIGIS Base MapslPianning Base Map.mxd User, andrea
Exhibit
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