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HomeMy WebLinkAboutBay Shore Development Corp Mill StreetDocument Number Easement Document 'title THIS INDENTURE, made this _IS_ day of l , 201%, By andbetween BAY SHORE DEVELOPMENT Cdibf., a Wisconsin Corporal Grantor, and CITY OF OSHKOSH, a municipal corporation, located in Winneb 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 onto the Grantee, its successors and assigns, and Grantee accepts, an easement over, tinder, and through the land hereinafter described. 1. PURPOSE: The purpose and use of the Easement Property by the Grantee is to install and maintain a public cul-de-sac bulb at the end of Mill Street. 1748364 1293 -4 - REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 09/05/2017 9:17 AM NATALIE STROHMEYER REGISTER OF DEEDS RECORDING FEE 30.00 Mame and Return Address City Attorney's Office PO Box 1130 Oshkosh, VVI 54903-1134 l� rte_ 40800790000 Parcel Identification Number (PIN) , 2. PROPERTY: This public purpose Easement shall be over, under, and through a portion of Parcel Number 90800790000, which is a tract of land situated in the City of Oshkosh, Winnebago County, Wisconsin. The actual "Easement Property" is identified for illustrative purposes in Exhibit A, and is described as follows: Part of the Southwest 1/4 of the Southeast 1/4 of Section 24, Township 18 North, Range 16 East, Lot 13 of Block B of L. M. Miller's 2nd Addition, P Ward, City of Oshkosh, Winnebago County, Wisconsin and being described as follows: That part of Lot 13 of Block B of L.M. Miller's 2nd Addition described as: Beginning at the northeast corner of said Lot 13 and the southwest corner of Mill Street and Bay Shore Drive, thence southerly 154 feet along the east line of said Lot 13 and the west line of Mill Street to a point approximately 10 feet north of the proposed back of curb being the point of beginning, thence continuing southerly 62 feet along said east line of Lot 13 and the west line of Mill Street to a point approximately 10 feet south of the proposed back of curb, thence westerly 10 feet at a right angle to said east line of Lot 13, thence northerly 62 feet and parallel to said east line of Lot 13, thence easterly 10 feet at a right angle to said east line of Lot 13 to the point of beginning. Said easement area containing 620 square feet (0.01423 Acres). PUBLIC USE: Both the Grantee and the public shall have access and use of the Easement Property in the same manner as such facilities in 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 public facilities, as well as install appropriate signage, and removal and/or storage of snow. MAINTENANCE: The cul-de-sac bulb shall be constricted and maintained in the same manner as other cul-de-sa, otherwise located within public right-of-way as described in the City of Oshkosh Municipal Code and other applicable Iaws, as may be amended from time to time. By way of example, and without varying Municipal Code obligations, Grantee shall construct the cul-de-sac bulb, install any necessary signage and striping, and grade and se, those portions of the Easement Property that has not been improved. Grantee shall be responsible for maintaining and snowplowing of the street, while Grantor shall remain responsible for maintaining vegetation within the Easeme Property. Costs for 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 ptember• 14, 2016 act as a waiver of their right to challenge or object to any particular assessment or charge in a manner allowed o.% law. �r. 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 and/or sidewalk on the Easement Property. Grantee may removed any impediment caused or allowed by Grantee at Grantor's expense. 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 and public sidewalk 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 may be placed in writing and 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 teen 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 and sidewalk in the same manner as they may benefit from use of similar facilities 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. September 14, 2016 2 y 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 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 treasures to keep the other party informed of issues or questions regarding the Easement Property. FOR THE GRANTOR: Bay Shore Development Corp. 40 W 61h Ave. Oshkosh, WI 54902 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 instnnnent drafted by: Attorney David J. Praska Oshkosh, WI 54903-1130 September 14, 2016 3 IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first above written. ir BAY SHORE DEVELOPMENT CORP. By: Jaynes E. La n, President STATE OF WISCONSIN ) ss. WINNEBAGO COUNTY ) n Personally came before me this 'day of _��, 201,6, the above named James E. Larson, to me known to be the person who executed the foregoing instrument and Anowledged the me, for the purpose herein contained. l GIC , C / Notary Public, State of WisCOpSln My Commission expires: '07s'3&4 /r3 &4 �, %� RY CITY OF OSHKOSH G By: '� PU o Mafk A. Rohloff, City nage BY: 1 Pamela R. Ubrig, City Cie STATE OF WISCONSIN ) ss. WINNEBAGO COUNTY ) Personally carne before me this 1-1— day ofALQUS�, 2016, 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, Winnebago County, Wisconsin My Commission expires: JZ/ 13120 i�• « GA . �* September 14, 2016 4 C ii -c f ` \ Oshkosh CITY OF OSHKOSH ENGINEERING DIVISION FILE NAIME; DRAWN CONT 16-04 IM Street 7-19-3016 Pavement Easement f 0 � 50 Q, v Q . _.r �� i� �o '�`� •LF X11 II� 40 F EET � � � 28.25• � — ' +� � i,k s,e.4 �•..._%fir � �• �a \tee J �s�i.'•i��i±r•. a<•;ni � '; Lli SC.y a 310,0' w y b b 627 r `. Cc NORTHEAST - i CORNER' OF LOT 13 ! 627 BAY SHORE DR. SAY SHORE DEVELOPMENT CORP � ` 3a. � := �— 71, L9k� PARCEL � 08-0679.0000 � �` as.2 s' 3I. ��" �� p�Hp�R p R. LorIV LOT 12 2ND ILER'S r Is ITjON I OLo B z D I y w ~ 1 I SW 1 Q, . ; 20' �/4 � F E I 7/4 ql r'SEC 24 .• 8N R16E / 34.255' R 62'xl0' O �s RIGHT -40E -WAY EASEMENT 10 � + �•S 1 FOR STREET � \ � PURPOSES e �z $; cid \ h A: V \ I C ii -c f ` \ Oshkosh CITY OF OSHKOSH ENGINEERING DIVISION FILE NAIME; DRAWN CONT 16-04 IM Street 7-19-3016 Pavement Easement GRAPHIC 0���2�0 .� 40 SCALE: (IN FEET') NCH = II� 40 F EET MILL STREET RIGHT-OF-WAY EASEMENT FOR. STREET PURPOSES 627 BAY SHOR DRIVE • Exhibit