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Home My WebLink AboutKurt Koeppler/Peggy Hirschberg W. 5th AvenueDocument Number Easement Document Title THIS INDENTURE, made this _16rday of , 20IA, by KURT A. KOEPPLER and PEGGY D. HIRSCHBER , collectively, Grantor, and CITY OF OSHKOSH, a municipal corporation, 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. PURPOSE: The purpose and use by Grantee of the Easement Property is to create new public on -street angle parking along the south right-of-way line of West 51 Avenue. II IIIIIIIUINIIIIIIiIIII1IA 1748363 REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 09/05/2017 9:17 AM NATALIE STROHMEYER REGISTER OF DEEDS RECORDING FEE 30.00 Recording Area DAr_Fc• a Name and Return Address City Attorney's Office PO Box 1130 Oshkosh, WI 54903-1130 90300100100 Parcel Identification Number (PIN) 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 19, 2017 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. 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. 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 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. 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, W1 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. j(;Rj�M;ORS� urt A4Koeppl P y irschberg STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this 16-+4- day ofLk&-f 4 , 2017, the above named Kurt A. Koeppler, tome known to be the person who executed the foregoing instrument and le/d/ged th same, for the purpose herein con#aired , > �U Notary Public, State of Wisconsin My Commission expires: `�3 �� \AOTAR y - STATE OF WISCONSIN ) -,u',''• PUBI.IG '' ' ) ss. WINNEBAGO T • ... • • �'•F OF'W\S�'0�'• COUNTY ) Personally came before me this /j"- day of-AiL&uL4, 2017, the above named Peggy D. Hirschburg, to me known to be the person who executed the foregoing instrument a d acknowledged a same, for the purpose herein contained., , . , e . �'' ' Notary Public, State of Wisc nsin, • �� "' fi` My Commission expires: ` s 4L6 _ _ \AOTAA Y GRANTEE �' ' PUBLAG By: �-- .. '• F OF W\S .. Ma A. Rohloff, City -M • �''' "' BY; Pamela R. Ubrig, City Clerk J STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personallycame before me this 16 day of 4- , 2017, the above named Mark A. Rohloff and Pamela R. Ubrig of the City of Oshkosh, to me known to be such pe ons who exepcuted/ the foregoing instrument and acknowledged the same, for the purpose herein contained. ` I G�c� ati ✓� (�-L� � Notary Public, State of Wiscon in My Commission expires: APP VEDAd11 mey?L orenso June 19, 2017 4 1 '4.' 1 \ � II ' f - EAST 22' OF NEBRASKA VACATED 4-14-1941 BLOCK 2 EXISTING BUILDING ORIGINLL 3RD WARD PUT Sic NS *� ``` N ------ -ANDREW L.- HUNTER HUNTER S-2835 OMRO, SUR 01111 [00'\ C1 E -.I �5 AREq 9' p4k/No CO EA58M6M C4 ARS I I 8`' I �9 CZE I J ry I w PROPDSU OFFICE I C� �I N I �I I '!fq C' Exhibit 4 EXHIBIT PART OF THE WEST 6TH AVENUE RIGHT-OF-WAY AND PART OF CERTIFIED SURVEY MAP N0, 1252, BEING PART OF FRACTIONAL SECTION 24, TOWN 18 NORTH, RANGE 16 EAST, THIRD WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. �x `1T k \ \ \ x \ LINE BEARING DISTANCE L1 I I C.SN. NDA7152_ L2 S73'31'27"E I LOT Z E2 I L— �-1 L4 N73'31'27"W U3 w PROPOSED RESTAURANT I N61'28'33"E I �SY. N0. 1252 _ L6 S73'31'27'E I L7 S00'23'42W STAIR PROJECTION ENCROACHMENT AREA 18 N73'31'27"W I L9 �I 14.14' a q, .i0 WEST 6TH AVENUE ----------------- 60 FT. L11 I EXISTING 14.14' L12 SW CORNER OF SECTION 24, T18N, R16E • 590.05 - LA V! (.I O : _ —1514.38' ^ --J I OFFICE BUILDING Exhibit 4 EXHIBIT PART OF THE WEST 6TH AVENUE RIGHT-OF-WAY AND PART OF CERTIFIED SURVEY MAP N0, 1252, BEING PART OF FRACTIONAL SECTION 24, TOWN 18 NORTH, RANGE 16 EAST, THIRD WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. �x `1T k \ \ \ x \ LINE BEARING DISTANCE L1 I I — L2 S73'31'27"E E1 — E2 I L— 14.14' L4 N73'31'27"W U3 w w I N61'28'33"E 14.14' L6 S73'31'27'E E4 L7 S00'23'42W STAIR PROJECTION ENCROACHMENT AREA 18 N73'31'27"W 24.52' L9 N61'28'33"E 14.14' a q, .i0 WEST 6TH AVENUE ----------------- 60 FT. L11 �iiill ; g 14.14' L12 SW CORNER OF SECTION 24, T18N, R16E • 590.05 - LA V! (.I O : _ —1514.38' ^ --J CORNER TO —0-SOUTH SOUTH 1/4 CORNER N8 '5 OF SECTION 24, TISN, R16E Exhibit 4 EXHIBIT PART OF THE WEST 6TH AVENUE RIGHT-OF-WAY AND PART OF CERTIFIED SURVEY MAP N0, 1252, BEING PART OF FRACTIONAL SECTION 24, TOWN 18 NORTH, RANGE 16 EAST, THIRD WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. �x `1T k \ \ \ x \ LINE BEARING DISTANCE L1 S73-31 27-E 13.67' L2 S73'31'27"E 76.46' L3 S61'28'33W 14.14' L4 N73'31'27"W 76.46' LS I N61'28'33"E 14.14' L6 S73'31'27'E 11.64' L7 S00'23'42W 10.41' 18 N73'31'27"W 24.52' L9 N61'28'33"E 14.14' L10 S73'31'27"E 39.27' L11 S51'28'33"W 14.14' L12 N73'31'27'W 26.39' L13 S73-31 '27-E 25.46' x` \ $T 0y WAY NUE 1 \ I WT 1252 I = n', LINE BEARING DISTANCE E1 S89'20'07'E 74.59' E2 S89'20'07'E 25.00' E3 S00'40'24"W 5.00' E4 N89'2D'07"W ?.5.00' ES N00'40'24"E 5.00' 06/06/2017 �', WISCONSIN PROJECT 5331 C 1 I 1 SHEET 1 OF 5020 LEONARD POINT RD. OSHKOSH, WI 54904 www.wisconaintandsurveying.com (920) 410-7744