HomeMy WebLinkAboutConsent of Asignee RDA The Rivers Phase II 2018CONSENT OF ASSIGNEE
Lot 1, CSM No. 7068
CONSENT OF ASSIGNEE
Lot 1, CSM No. 7068
Drafted by:
David J. Praska
Deputy City Attorney
Oshkosh, Wisconsin 54902
1
October 12, 2017
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DOC# 1759538
NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
02/02/2018 09:32 AM
RECORDING FEE 30.00
PAGES: 11
Recording Area
Name and Return Address
City Attorney's Office
PO Box 1130
Oshkosh, WI 54903-1130
90102220101
Parcel Identification Number (PIN)
0�
CONSENT OF ASSIGNEE
Lot 1, CSM No. 7068
THIS CONSENT OF ASSIGNEE is made as of the 30 day of U p llt°i��- e r,
2017 (Consent), by U.S. BANK NATIONAL ASSOCIATION, a National Banking Association,
as Assignee, pursuant to the terms that follow.
WHEREAS, the Redevelopment Authority of the City of Oshkosh, Wisconsin (RDA) is
the owner of real property within the City of Oshkosh that is described as Lot 1 of Certified
Survey Map Number 7068, recorded with the Winnebago County Register of Deeds on March
28, 2016, in Volume 1, Page 7068, as Document Number 1709684 (Property). The Property was
purchased by the RDA for redevelopment purposes. The Property is identified and described
within the attached Exhibit B; and,
WHEREAS, the RDA has Leased the Property to the City of Oshkosh (City) along with
other adjoining and nearby real property as part of a larger redevelopment area. The RDA's
purpose was and remains the promotion of redevelopment of the Property and the adjacent and
surrounding real property within the redevelopment area. The real property subject to the Lease
is identified and described in Exhibit A attached hereto. The Lease was recorded with the
Winnebago County Register of Deeds on June 30, 2006 as document number 1403049; and,
WHEREAS, for the purpose of furthering redevelopment the City caused to be issued
Taxable Redevelopment Lease Revenue Bonds, Series 2006, with the Assignee acting in the role
of Trustee of these bonds; and,
WHEREAS, as part of the bonding process, the RDA assigned its rights in its lease with
the City as described in an Assignment of Lease and Rents (Assignment), and which Assignment
was recorded with the Winnebago County Register of Deeds on June 30, 2006, as document
number 1403050; and,
WHEREAS, the City has proceeded with the redevelopment of the Property and now
wishes to further the goals of the redevelopment area by selling the Property to private entities to
complete the redevelopment in a manner which is consistent with the terms of all applicable
agreements; and,
WHEREAS, the terms of the Assignment require that the Trustee consent, in writing, to
the transfer or conveyance of Property:
THEREFORE, at the Request of RDA and in accordance with Section 2.30) of the
Assignment, U.S. Bank National Association, as trustee of Taxable Redevelopment Lease
Revenue Bonds, Series 2006, of the Redevelopment Authority of the City of Oshkosh,
Wisconsin consents, without reservation, to the release of the Property from the Lease, and to the
transfer, conveyance, and sale of the Property identified as Lot I in Exhibit B by the
Redevelopment Authority of the City of Oshkosh to The Rivers Phase II — Oshkosh, LLC or
conveyed as otherwise legally allowed by any other document relevant to this redevelopment
area:
2
October 12, 2017
The Trustee's consent identified in this Consent document is intended to be full,
complete, and satisfying all notice, consent, and release requirements identified in the
aforementioned Assignment and all other documents related to the bond.
U.S. BANK NATIONAL ASSOCIATION, TRUSTEE
AZ:5�
By:
Steven Posto, Vice President
STATE OF WISCONSIN )
ss.
COUNTY OF I1'I IW au )
On the 30Aday of IVQU er►tb4 - , 2017, before me, a Notary Public in and for said
County, personally appeared Steven Posto of the above named U.S. Bank National Association,
to me known to be the person who executed the foregoing instrument and to me known to be an
authorized employee and/or agent of U.S. Bank National Association, and acknowledged that he
executed the foregoing instrument in his capacity as a representative of the Trustee for the
Taxable Redevelopment Lease Revenue Bonds, Series 2006, of the Redevelopment Authority of
the City of Oshkosh, Wisconsin; that said instrument was signed by him as such officer of and on
behalf of the Trustee; and that said person acknowledged the execution of said instrument to be
the free and voluntary act and deed of said Trustee by it being freely and voluntarily executed.
IN WITNESS WHEREOF, I have hereunto set my handand
officia
FERINSignature: W re�� f GRAHAM Name Printed: Er'Notary Public Notary Public, M;Iwaa County, is
ate of Wisconsin My Commission Expires:
3
October 12, 2017
EXHIBIT A
LEASEHOLD PROPERTY
LEGAL DESCRIPTION
Certain property of the Authority now or hereafter located within the Municipality's Tax
Incremental District Number 21 and various infrastructure improvements with respect
thereto, including, but not limited to, streets, lighting, traffic controls, curb, gutter,
sidewalk and walkways, water utility lines, sanitary and storm sewer utility lines,
electrical, natural gas, telephone, and other utilities, riverwalk seawall improvements, and
signage.
All of Lots 1 and 2, all of Outlot 1, of CSM No. 5879 recorded at the Register of Deeds
office on April 26, 2006 as Doc. No. 1395702, 1 st Ward, City of Oshkosh, Winnebago
County, Wisconsin.
Lot 1 Parcel Number 901-0222-0000
Lot 2 Parcel Number 901-0230-0000
Outlot 1 Parcel Number 901-0221-0000
That part of Lots 0 and 1 lying northwesterly of a line that is parallel with and a distance
of 70 ft. from the centerline of the Soo Line Railroad main track, also the southeasterly
one-half of vacated Dawes St. southerly of the southerly line of Marion Rd., all in Block
D, Western Addition, l st Ward, City of Oshkosh, Winnebago County, Wisconsin.
Parcel Number 901-0226-0200
That part of Lots 0 and 1 of Block "D" in the Plat of the WESTERN ADDITION to
Oshkosh, in the First Ward, City of Oshkosh, Winnebago County, Wisconsin, described
as follows, viz:- Commencing at the Northeasterly (most Easterly) comer of said Lot 1;
thence northwesterly, along the Northeasterly line of said Lot 1 (being the Southwesterly
line of Marion Road), 57.5 feet, to a point that is 80 feet southeasterly of, measured at
right angles to, the center line of the former right of way of the Soo Line Railroad
Company, the place of beginning; thence northwesterly, along the Northeasterly line of
said Lot 1 (being the Southwesterly line of Marion Road), to a point that is 70 feet
southeasterly of, measured at right angles to, the center line of the former right of way of
said railroad company; thence southwesterly, and parallel with the center line of said
former right of way, to the Northeasterly Bank of the Fox River; thence southeasterly,
along the Northeasterly Bank of said River, to a point that is 80 feet southeasterly of,
measured at right angles to, the center line of said former right of way; thence
northeasterly, parallel with the center line of said former right of way, to the place of
beginning.
Parcel Number 901-0277-0000
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CERTIFIED SURVEY MAP
ALL OF BLOCK A OF WESTERN ADDITION TO OSHKOSH EXCLUDING THAT PART OF LOT 8 LYING WITHIN THE JACKSON
STREET RIGHT—OF—WAY, AND ALL OF OUTLOT 1 OF CERTIFIED SURVEY MAP NUMBER 5810, AND MARION ROAD LYING
NORTHERLY OF LOTS 3 THROUGH 8 OF BLOCK A OF WESTERN ADDITION TO OSHKOSH, AND VACATED JAY STREET LYING
SOUTHERLY OF MARION ROAD, AND ALL OF LOTS 2 THROUGH 14 AND PART OF LOTS 0 AND 1 OF BLOCK D OF WESTERN
ADDITION TO OSHKOSH.
BEING A PART OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 AND PART OF THE NORTH 1/2 OF THE SOUTHTHEAST 1/4 OF
SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, FlRST WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. STS Consultant. Ltd.
Con -lung EngInaere
1036 Kepler D,1 -
Or— Bay, Kl 54311
920-468-1978
SURVEYORS CERTIFICATE
I, Michael J. Olsen, registered land surveyor, hereby certify: That in full compliance with the provisions of Chapter 236,
section 236.34 of the Wisconsin Statutes, the Land Subdivision Ordinance of Winnebago County, and the City of Oshkosh,
and under the direction of the Redevelopment Authority of the City of Oshkosh, owner of said land, I have surveyed, divided
and mapped the following land being all of Block A of Western Addition to Oshkosh excluding that part of Lot 8 lying within
the Jackson Street right—of—way, and all of Outlot 1 of Certified Survey Map Number 5840, and vacated Marion Road lying
northerly of Lots 3 through 8 of Block A of Western Addition to Oshkosh, and vacated Jay Street lying southerly of Marion
Road, and all of Lots 2 through 14 and part of Lots 0 and 1 of Block D of Western Addition to Oshkosh. Being a part
of the South 1/2 of the Northeast 1/4 and part of the North 1/2 of the Souththeast 1/4 of Section 23, Township 18
North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin, more fully described as follows:
Commencing at the East k corner of said Section 23; thence S01'17'26"E along the east line of the Northeast 1/4 of
said section, 403.23 feet; thence S88'42'34"W, 69.52 feet to a point on the west right—of—way of Jackson Street also
being the Point of Beginning; thence along said right—of—way SOf'24'37"E, 431.05 feet to a point on the Northeasterly
Shore line (U.S. Harbor Line) of the Fox River as established by a General Ordinance of the City of Oshkosh per Document
No. 276204 of Winnebago County Registry; thence along said Northeasterly Shore line (U.S. Harbor Line) N65'43'26"W,
716.64 feet; thence continuing along said Northeasterly Shore line (U.S. Harbor Line) N62'10'26"W, 822.65 feet; thence
N3TO5'00"E, 245.13 feet to a point on the southerly right—of—way of Marion Road; thence along said southerly
right—of—way S65'46'22"E, 886.59 feet; thence continuing along said southerly right—of—way S65'54'10"E, 135.02 feet;
thence continuing along said southerly right—of—woy N85'20'29"E, 60.73 feet; thence continuing along said southerly
right—of—way N88'33'48"E, 194.29 feet; thence continuing along said southerly right—of—way 54.99 feet on a curve to the
right having a radius of 35.00 feet, whose chord bears S46'25'24"E, 49.51 feet to a point on the westerly right—of—way of
Jackson Street and the Point of Beginning.
Said parcel contains 419,963 square feet or 9.641 acres more or less.
Said parcel is subject to easements of record.
That the survey of said land was done under my direct supervision and the map hereon is a true and accurate
representation of the exterior boundaries and the 'division thereof.
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MICHAEL J.
otSEN
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GREEN BAY, (Z-
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MICHAEL J. OLSEN S-2577
REGISTERED HND SURVEYOR
APRIL 25, 2006
THIS IS AN ORIGINAL SURVEY
DOCUMENT IF THE PROFESSIONAL
SEAL IS IMPRINTED IN RED AND
SIGNED IN BLUE
Exhibit oy
CERTIFIED SURVEY MAP
ALL OF BLOCK A OF WES1Ei2N ADDITION TO OSHKOSH EXCLUDING THAT PART OF LOT 8 LYING WITHIN THE JACKSON
STREET RIGHT–OF–WAY, AND ALL OF OUTLOT 1 OF CERTIFIED SURVEY MAP NUMBER 5840, AND MARION ROAD LYING
NORTHERLY OF LOTS 3 THROUGH 8 OF BLOCK A OF WESTERN ADDITION TO OSHKOSH, AND VACATED JAY STREET LYING
SOUTHERLY OF MARION ROAD, AND ALL OF LOTS 2 THROUGH 14 AND PART OF LOTS 0 AND 1 OF BLOCK D OF WESTERN
ADDITION TO OSHKOSH.
BEING A PART OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 AND PART OF THE NORTH 1/2 OF THE SOUTHTHEAST 1/4 OF
SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, FIRST WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. STS oonsultanta Ltd,
Consulting Englneers
1035 Kepler Dr1va
Creon Bay, VA 54311
920—�6B-1g7H
MUNICIPAL OWNER'S CERTIFICATE
The Redevelopment Authority of the City of Oshkosh, a separate body public organized and existing under and by virtue of
the Laws of the State of Wisconsin, as owner, does hereby certify that said Authority caused the land described to be
surveyed, divided, and mapped as represented on this map, in accordance with the provisions of Chapter 236 of the
Wisconsin Statutes and the Land Subdivision Ordinance of the City of Oshkosh.
In Witness whereof, the said Redevelopment Authority, has caused these presents to be signed by
KN VAA its �!�`���w�tl�UC�4rLG_f2 and
countersigned by2D61±– its C \Tr —A�1 q{
_ ___0–sh kn.SYl __ _ ►SLDYL51 1 \ this
a`Ly
lo __ day of
Redevelopment Author of the „City f Oshkosh:
oq tJ
Ja1e1'1'�
R. Kinney
_
ExDirector
-
Robert Pung
Chairman
STATE OF WISCONSIN)
;SS
WINNEBAGO COUNTY)
13�
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Personally come before me this -040 da of— f 2006 the aforementioned representatives of
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the Redevelopment Authority of the City of Oshkosh, kno n to me tobethe persons who executed the forgoing instrument
and acknowledged the same.
111-11�-L-"'_-
Notary Public, My commission expires ------
Winnebago County, State of Wisconsin
This Cert l'Survey Map of part of the South 1/2 of the Northeast 1/4 and part of the North 1/2 of the Southeast 1/4
in Sect' n 3, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin, is hereby
Cify Planning Commission
Representative
MICHAEL J. OLSEN S-2577
REGISTERED LAND SURVEYOR
APRIL 25, 2006
-rule tc AM ADV'I JAI Cl MAXV
ON
MICHAEL J.
i GREEN BAY,
Exhibit 40<
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Exhibit � �oP3
CERTIFIED SURVEY MAP -7o,-6
BEINC A PART^ORE—DIVISION
THE SOUTH 1/2 OF THE NOITTHEASi 1/4 2 OF CERTIFIED ND PAUMBER 040a. AECOM
RT OF THE NORTH 1/2 OF
THE SOUTHEAST 1 RST 4. OF SFLTION 23. TOWNSHIP 18 NORM, RANGE 16 CAST OF THE FOURTH P.M„
WARD, CITY OF OSHKOSH, WINWRAG6 COUNW, WISCONSIN t035 Ksp1erOdve
cr..n s.y, wr 54311
920.4Sf1.197H
w4w.s000msam
a'w *wo er,Kew
SURVEYORS CERTIFICATE
1, Joson R. Houle, Professional` Land Surveyor, hereby certify: That in full compliance with the provisions of Chapter 236,
Section 236.34 of the Wisconsin Statutes. the Land Subdivision Ordinances of Winnebago County, and the City of Oshkosh,
and under the direction of the Redevelopment Authority of the City of Oshkosh, owner of sold land, 1 have survoy.d, d',;dod
and mapped the following land being Lot 2 of Cortiiled Survey Mop Number 6408. aorng a port or the South 1/2 or the
Northeast 1/4• and part of the North 1/2 of the Southeast 1/4 of Section 23. Township 18 North, Range 16 East of the
dth P.N., First Ward, City of Oshkosh, Winnebago County, Wisconsin, more fully deacrbed as follows:
Lot 2 of Certified Survey Nop Numbor 6408 as recorded in the office of the Winnebago County Register of deeds as
,document J1020619.
Sold parcel contoios 277,734 square rent or 6.376 acres of land,
Said parcel Is subject to easements, agrooments, covenants, or nestrictions recorded and unrocarded.
That the survey of said land wos done under my direct supervision and the map hereon is a true and accurate
rcpreoenleVwr, of the extol., bound.,!— and the div6ion thereof.
JASON R.
S- 3LE
BEL
twu1
it1
JASON R. HOULE S-2331
PROFESSIONAL LANG SURVEYOR
1709684
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
03/26/2016 2:01 PM
vof f P3 766$
CHRISTOPHER LARSON
DEPUTY REGISTER OF DEEDS
RECORDING FEE 30.00
PAGES: 4
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Exhibi•
t _.
CERTIFIED SURVEY MAP 7%g _
A RNISI
E—DON OF LOT 2 OF CERTIFIED SURVEY fJAP NUMBER 6408, AS. com
BEING A PART OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 AND PARE OF THE NORTH 11/2 OF
TW SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 16 NORTH, RANGE 16 EAST OF THE FOURTH P.m.,
FIRST WARD, CITY Or OSHKOSH, WINNER= COUNTY, WISCONSIN 1035 KaplorOrtva
Gram Bey, WI WI1
S20 -46B,1979
www,eaum,.can
C~WAmzere e; New
MUNICIPAL OWNER'S CERWICATE
The Redevelopment Authority of the City of oshkosh, a separate body publle organized and existing under and by virtue of
the Laws of the State of Wisconsin, as owner, does hereby certify that sold Authority caused the land described to be
surveyed, divided, and mapped as represented on this map, in accordance with the provisions of Chapter 236 or the
Mrisconsin Stotutes and the Land Subdivision Ordinance of the City of Oshkosh.
In WIness whereof, the sold Redevelopment Authority, has caused these prolan" to be signed by
H. Allen Davis III its Executive Director �— and
countersigned by Steven J. Cummings its Chairman at
Oshkosh
Wisconsin , this
2$ day of March — 20 16
Redevelopment Authorit of the City of Oshkosh:
Executive Director H AGle Davis III
chairman ' Steven J. Cummings
STATE OF WISCONSIN)
:SS
WINNEBAGO COUNTY)
Personally came before rns tNs_ 28 day of t1aYCh 20L the aforementioned representatives of
the Redevelopment Authority of the City of Oshkosh, known to me to be the persons who exeoutad the forgoing instrument
and ocknowledged the some.
_
Notary Public, My commission oxpiras�S�JS1—_
Winnebago County, State of Wisconsin
Cr1Y OF OSHKOSH PLANNING COM41S20N
GEOFICATEQF AP RP OVAL
Th s Certiiled ey Map of part or the South 1/2 of the Northeast 1/a and ort of the North 1/2 of the Southeast 1/4
in Section Township 18 North Range 16 East, Hrst Ward, City of OshkosFl� Winna go County, Wisconsin, is hereby
approved. /
Gty P nning C mission �^ t
Reprosontativa
JMN
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PROFESSrONA.L LAND SLWVEMR
Exhibit