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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 I I)IIII (IIIIII III) III I I I 8 4 0 0 2 1 9 Tx:4292267 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 A-1 MlLW 1965457A Exhibit 1��5 a .FNb 3,9Z,LI.l05— vU / ('NOW,B80£BZ 3,9Z,LLim A 4B'BLZZ M 9Z Ll.lON , wu.L8 NoBXoYP r QT o,rT—D Nva nrsJ a o n M.Z4,B0,! J w 00� R� o � Z �0m?033K0 �o h4li, qda �2 N ��o ��r�l=FZo• oUU� F �=xaa Fnz"z �W- U iw I I _ IIII�I•oX�t 1�1�,11 O o� o o �-- z w W �o z O ZNhttfNf��M M �y pU � V N M NMNa 0 p ww zzv�Oii ii W= z _ xwya kkk ri ni�o�^ y0 �N�n �0 WVl OO °d _z F-- NV IA o z tf zz J 21 "J °J J oz <n m3nal in FMJ u n W C N C [ y O m a m o UNY � crV1j °o �U�Um aZ � JOQ cD to MN n O 09 N N W W Z OLL 0 Mt7; 7,a k" W. o R� o � Z �0m?033K0 �o h4li, qda �2 N ��o ��r�l=FZo• oUU� F �=xaa Fnz"z �W- U iw I I _ IIII�I•oX�t 1�1�,11 O o� o o �-- z w W �o z O ZNhttfNf��M M �y pU � V N M NMNa 0 p ww zzv�Oii ii W= z _ xwya kkk ri ni�o�^ y0 �N�n �0 WVl OO °d _z F-- NV IA o z tf zz J 21 "J °J J oz <n m3nal in FMJ u n W C N C [ y O m a m o UNY � crV1j °o �U�Um aZ � JOQ cD to MN n O 09 N N W W Z OLL 0 Mt7; 7,a k" W. 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. `,\,\```SGwlinrNlu�i��i������� MICHAEL J. otSEN S47 4—z ` UFS GREEN BAY, (Z- { W1 �d SU 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� � ��`` Personally come before me this -040 da of— f 2006 the aforementioned representatives of Y p 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< Exhibit 0 U .y `� ~ fs. m o A W Q. Lu w rg F iWt cI (4 W kn M q Gr a -q o IS Exhibit 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 i Capture screen now 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 R PROFESSrONA.L LAND SLWVEMR Exhibit