HomeMy WebLinkAboutEasement Bus Shelter CourthouseDocument Number
Easement
Document Title
THIS Agreement is made this 6ff- day of _ ci.tit a , 201 t
by and between the WINNEBAGO COUNTY, Grai tor, and CITt OF OSH
Grantee,
PURPOSE: The County and City seek to improve the pub
transportation experience at the bus stop on this County property for the
members of the public using the Courthouse and other County offica
County employees and staff, and any public transit rider finding this l:
stop convenient. To help achieve this goal, the County will grant
Easement to the City so that the City can install a bus stop shelter ancb
other transit -related facilities on the Bus Stop Shelter Property. T
County will also grant an adjoining Maintenance Easement to the City
allow the City to more easily maintain its bus stop shelter and/or other
3ncs1757765
I�'VIIIIInIPllll'IlPlld
REGISTER'S OFFICE
WINNEBAGO COUNTY, V
RECORDED ON
01/08/2018 8:S6 AM
NATALIE STROHMEYER
REGISTER OF DEEDS
RECORDING FEE 30.00
Area nwrac.
Name and Return Address
City Attorney's Office
PO Box 1130
Oshkosh, WI 54903-1130
transit -related facilities installed within the Easement Property. 90701620000
Parcel Identification Number {PIN}
2. EASEMENTS: The County, 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 County benefits from improved bus stop facilities for the public using
the Courthouse and other City departments and facilities, as well as the general public that finds this bus stop to
be convenient. The City benefits from providing improved bus stop facilities for its public transportation riders,
whether accessing the County property and services or using this particular bus stop for convenience.
4. PROPERTY: The County's larger Property on which these Easements are located is described as follows:
Part of the Southeast %x of Lot 1 and all of Lots 2, 3, and 4, and the East fifty feet
(50') of Lot 5, and the Northeast twenty six feet (26') of the Southeast twenty six
and one-quarter feet (26.25') of Lot 11, and the Northeast twenty six feet (26') of
Lot 12, and all of Lots 13, 14, and 17, in Wright's Subdivision of Lot 2 Block 53,
also Lots 1, 2, 3, 4, and 6, of the Replat of Jackson's Subdivision of Lot 3,
Block 46, in the City of Oshkosh, Winnebago County, Wisconsin.
PIN: 90701620000
Street Address: 448 Algoma Boulevard, Oshkosh (part of County Courthouse property)
EASEMENT PROPERTY — BUS SHELTER: The Easement allowing use of County 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 #1 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 County also grants to the City an adjoining Easement limited in use to allow the construction,
15, 2017
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maintenance, and repair of the bus shelter and/or other transit -related facilities. This limited Easement allowing
use of County 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 ofthis 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 County 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. However, the City's approval shall not be
unreasonably withheld. The City shall be responsible for repairing the Maintenance Property to the extent the
City has caused damage.
11. CONSTRUCTION/MAINTENANCE: The County will install at its expense the concrete pad, and a retaining
wall around the pad necessary for support, for the bus stop shelter on the Bus Stop Shelter Property. The City's
Transit system, GoTransit, will reimburse the County 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 County. 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 County is responsible for regular maintenance of the grass and vegetation on both the Bus Shelter Property
and the Maintenance Property surrounding the concrete pad and shelter structure. Included in the County's
regular maintenance responsibilities are mowing, and snow and ice removal.
12. INTERFERENCE WITH EASEMENT: The County, its agents or assigns, shall not interfere in any way with
the City's use of its Easements. In particular the County 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 County 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
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August 15, 2017
r
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.
13. USE OF EASEMENT BY OTHERS: The County 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
County'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 County 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 County 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 County 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 of this 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 County 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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August 15, 2017
FOR THE GRANTOR:
Winnebago County
c/o Facilities Manager
1221 Knapp Street
Oshkosh, WI 54902
FOR THE GRANTEE:
City of Oshkosh
C/o Director of Public Works
P.O. Box 1130
Oshkosh, WI 54903-1130
22. AUTHORITY: The County 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
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August 15, 2017
IN WITNESS WHEREOF, said Grantor and Grantee have set their hand and seal the day and year first above written.
GRANTOR
WINNEBAGO COUNTY
By:
larHarris, Cou xecutive
�.
By:
ue Ertmer, County Clerk
STATE d WISCONSIN
ss.
WINNEBAGO COUNTY
Personally came before me this
person who executed the foregoing
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
aS
SOT�"Ry 'pp
day of e bet , 2017, the above named Mark Harris, t® me known to be su�jT►3
instrument and acknowledged the same, for the purpose herein i ontained. ® '
C.
Notary Pub4c State o Wisconsin �•;�` ",; <,' .`~`
My Commission expires: p_• —319 ���'� �►� ►Lp� � � ����`��
TH
�• J w°.... ,.,
Personally came before me this day of 1j),0k gZW , 2017, the above named Sue Ertmer, to Mme bwn to be su&,f ,,,
,
person who executed the foregoing instrument and acknowledged the same, for the purpose herein containe,' --` %OTAP�. '
' --w •
NotaryP lic S to of Wiscons = sa A a
My Commission expires: ( � 3 �/ %S' 7 ' L 8 L .• r :`
GRANTEE ';f "'"c
CITY OF OSHKOSH �r���► ► ► ► ► ��``
By: _ jL
` M r A. Rohloff, City"g
g
i
By.
Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this c
Ubrig of the City of Oshkosh, to me known to
same, for the purpose herein contained.
3y of r , 2010, the above n ed Mark A. Rohloff and Pamela R.
be s rsons exec e the for goi g instrument and acknowledged the
Notary Pub ' , ate of Wiscons'n
nn My Cone expires: J
AP VED AS TO FOI(
L Lorenson, orney
August 15, 2017
July 14, 2017
Parcel 07-0162-0000
448 Algoma Boulevard
Easement #1 for Bus Shelter
Part of SE 1/2 of Lot 1 of Wright's Subdivision of Lot 2 of Block 53 in the Northeast 1/4 of the
Northeast 1/4 , Section 23, T1 8N R1 6E and in the Southeast 114 of the Northeast 1/4, Section
23, TI 8N R1 6E in the City of Oshkosh, Winnebago County.
Commencing at the Southwest corner of the Southeast 1/2 of Lot 1 of Wright's Subdivision of
Lot 2 of Block 53 also being on the North line of Algoma Boulevard; thence Southeasterly 13.0
feet along the North line of Algoma Boulevard to the point of beginning #1; thence continuing
Southeasterly 10.0 feet along the north line of Algoma Boulevard; thence Northeasterly 6.0 feet
perpendicular to the North line of Algoma Boulevard; thence Northwesterly 10.0 feet along a line
parallel to the north line of Algoma Boulevard; thence Southwesterly 6.0 feet perpendicular to
the north line of Algoma Boulevard to a point on said north line and the point of beginning and
containing 0.0013 acres (60 sq. ft.) of land.
Easement 42 for Bus Shelter Maintenance
Part of SE 1/2 of Lot 1 of Wright's Subdivision of Lot 2 of Block 53 in the Northeast 1/4 of the
Northeast 1/4 , Section 23, T18N R16E and in the Southeast 1/4 of the Northeast 1/4, Section
23, T1 8N RI 6E in the City of Oshkosh, Winnebago County.
Commencing at the Southwest corner of the Southeast 1/2 of Lot 1 of Wright's Subdivision of
Lot 2 of Block 53 also being on the North line of Algoma Boulevard; thence Southeasterly 8.0
feet along the North line of Algoma Boulevard to the point of beginning #2; thence Southeasterly
20.0 feet along the North line of Algoma Boulevard; thence Northeasterly 11.0 feet
perpendicular to the North line of Algoma Boulevard; thence Northwesterly 20.0 feet along a line
parallel to the north line of Algoma Boulevard; thence Southwesterly 11.0 feet perpendicular to
the north line of Algoma Boulevard to a point on said north line and the point of beginning and
containing 0.0050 acres (220 sq. ft.) of land.
l:\Engineering\2017 Contracts\2017 RW & Easements\448 Algoma Blvd- Winnebago Co. Bus Shelter Easement descriptions.docx Page 1
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CITY OF OSHKOSH
ENGINEERING DIVISION BUS SHELTER AND
FILE NAtI�IE: DRAWN:17SHELTER MAINTENANCE EASEMENTS
448 Algoma Blvd- Winnebago Co.
Bus Shelter Eesements.dwg 07-17-2017
GRAPHIC 0 20 40 448 Algoma Boulevard
SCALE: (IN FEET)
1 INCH = 40 FEET