HomeMy WebLinkAbout50 Riverway DriveEasement
(General Municipal Utilities)
THIS Agreement, made this t day of A-Oi4 j , 2018,
by and between The Redevelopment Authority ofthe City of Oshkosh, a public
politic existing under the laws of the State of Wisconsin (RDA), 215 Church Av
Oshkosh, Wisconsin 54901, Grantor, and the City of Oshkosh, a Wisconsin Mun
Corporation, 215 Church Avenue, Oshkosh, Wisconsin 54901, Grantee.
8 4 2 0 9 4 0
Tx:4308590
DOC# 1765984
NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
05/14/2018 12:24 PM
RECORDING FEE:
PAGES: 6
PURPOSE: Property owned by the RDA is within an area that is being Recording Area
redeveloped, both through an RDA redevelopment area, as well as Name and Return Address
other sites being independently redeveloped by private parties. As part City Attorney's Office
of these various redevelopment activities, the City is replacing and/or P.O. Box 1130
reconfiguring its municipal utility systems, as well as preparing for Oshkosh, WI 54903-1130
future municipal utility needs. The Easement Property described in 90102000100
this Agreement will connect with public right-of-way on the north,
and a municipal utility easement on the south. The purpose of this Parcel Identification Number (PIN)
Easement is to allow the City to install, reconfigure, maintain, upgrade, and replace various municipal
utilities that are installed within the Easement that are continuations of municipal utilities located both north
and south, and will be protected and retain priority of use within the Grantor's Property regardless of
subsequent transfers and/or encumbrances.
2. EASEMENT: The RDA grants, and the City accepts, an Easement with a uniform sixty (60) foot width over,
under, and through the eastern part of the RDA's Property described in this Easement Agreement. The City
is allowed to use the Easement Property for all purposes related to its municipal utility systems and facilities.
It is anticipated that the municipal utility systems and facilities will be primarily underground. However,
the proper design of various municipal utility systems and facilities may require surface level elements,
including manholes, inlets, valves and signage. These surface level municipal utility facilities that are part of
the underlying municipal utility system and facilities will also be allowed within the Easement Property.
This municipal utility Easement is considered by the parties to be limited to those municipal utilities of the
City of Oshkosh, and is not intended to be interpreted as allowing the location of other entities considered to
be "municipal utilities" as defined or described by law.
CONSIDERATION: The sum of One and NO/100 dollars ($1.00) along with other good and valuable
consideration, the receipt and sufficiency of which is acknowledged. Both parties agree that each is giving
and receiving material benefits exceeding monetary value. The City will benefit from the redevelopment of
The RDA's property and the improvement of its municipal utility systems, and the RDA will benefit from
the efficient operation of City utility systems and facilities.
4. GRANTOR'S PROPERTY: The RDA's larger Property on which the Easement is located is described as
follows:
That part of the southeast'/4 of the northeast''/4 and part of the northeast 1/4 of
the southeast'/4 of Section 23, Township 18 north, Range 16 east, in the First
Ward, City of Oshkosh, Winnebago County, Wisconsin, described as follows:
Lot 2 of Certified Survey Map Number 7150, located in the City of Oshkosh,
Winnebago County, Wisconsin, and recorded with the Winnebago County
Register of Deeds on October 7, 2016, in Volume 1, Page 7150, as Document
Number 1724920
PIN: 90102000100
Street Address: 50 Riverway Drive
14, 2018
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5. EASEMENT PROPERTY: The Property subject to this Sixty (60) foot Easement Agreement (Easement
Property) is located in the City of Oshkosh, Winnebago County, Wisconsin, is described as follows:
Legal Description Attached as Exhibit A
6. LOCATION OF EASEMENT: A map identifying the location of the Easement Property within which the
City's municipal utility systems and facilities will be located is attached and incorporated into this
Agreement as Exhibit B.
7. ACCESS RIGHTS: The City shall have the right to access and use the Easement Property for any purpose related to
the terms and conditions described in this Easement Agreement.
8. MAINTENANCE: The City shall be responsible for maintaining, repairing, and replacing its municipal utility,
systems and facilities installed in the Easement Property. The City shall be responsible for maintaining and repairing
the surface of the Easement Property to the extent that it is disturbed by the City's use of the Easement Property. The
RDA is responsible for routine maintenance of the surface, including mowing, landscape maintenance, snow and ice
removal on any drive aisles, and maintenance of any allowed improvements the RDA places within the Easement
Property. The RDA shall not place snow and ice onto the Easement Property. The Parties agree to work together to
minimize the effects of any maintenance or repairs of the City's municipal utilities and facilities that may disrupt any
existing or future use of the RDA's Property. Except for emergencies, the City will provide The RDA with seven (7)
calendar days advance notice of any maintenance or repairs within the Easement Property that would disrupt or
interfere with the RDA's use of a drive way or drive aisle that has been installed within the Easement Property. In the
event that the surface of the Easement Property is damaged during the City's maintenance or repair activities, then the
City shall repair the surface to a condition substantially similar to the condition before the damage. When repairing
grass, the City may grade and seed and is not required to install sod.
INTERFERENCE WITH EASEMENT: The RDA shall not materially interfere with the City's use of the Easement
Property, or, except as otherwise approved by the City, install or construct any new or additional structures,
improvements, or landscaping on the Easement Property without the permission of The City. Prohibited new
changes, structures, or improvements include, without limitation, temporary or permanent building structures, parking
areas, sheds, change in elevations, vegetation except grass, landscaping or fences unless otherwise approved in
writing by the City. The RDA's plans as approved by the City include a drive aisle connecting The RDA's
development with Marion Road. The RDA may install, maintain, and repair this driveway and drive aisle and any
other improvement that is approved by the City that is otherwise within the surface area of the Easement Property.
10. USE OF EASEMENT BY OTHERS: The RDA agrees that the City may temporarily assign the construction and
maintenance rights identified herein to any contractor, third party, or other person. Assignees must demonstrate to the
City that they have sufficient competence and must give adequate assurances that any work to be performed in or
around the Easement Property shall be conducted in a skillful manner. Assignees must also protect the City's interest"
in the Easement Property to the same extent as if the City was itself performing the construction or maintenance.
11. DEFAULT: If either The RDA 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. Any party in breach
shall have thirty (3 0) days to cure any actual breach or, if the breach cannot reasonably be cured within the 30 -day
period, take appropriate steps to materially comply with the party's obligation to cure. Notwithstanding the
foregoing, the City is entitled to ensure the continuous proper functioning of its municipal utilities and facilities
without waiting thirty (3 0) days. The City may use its discretion to evaluate any necessary maintenance and/or
repairs, or any interference with a permitted use of the Easement Property, and take any immediate reasonable action
without notice to ensure the proper functioning of The City's municipal utilities systems and facilities. All costs and
expenses incurred under such circumstances due to either party's breach or negligence shall be reimbursed the other
within thirty (30) days of receipt of a bill for the same.
12. TERM: This Easement is being granted in perpetuity for municipal purposes and uses, both current and future,
without regard to the City's use of the Easement Property at any particular time. 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 RDA and the City, their respective heirs, executors, administrators, successors, assigns, and legal representatives.
March 14, 2018 2
13. WAIVER: No delay or omission by any party to this Easement Agreement in exercising any right or power arising
out of any default under any of the terms or conditions of this Easement 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 Easement Agreement.
14. INVALIDITY: If any term or condition of this Easement Agreement, or the application of this Easement Agreement
to any person or circumstance, shall be invalid or unenforceable, then the remainder of this Easement Agreement shall
not be affected and each remaining term and condition shall be valid and enforceable to the fullest extent permitted by
law.
15. NO MERGER: It is necessary that the Easement benefits and burdens described in this Agreement remain in effect to
ensure continuity of service with those in the public right-of-way on the north, and in the municipal utility easement
on the south. Municipal utilities and facilities that are, or will be, installed within the Easement Property, are required
to maintain priority over subsequent encumbrances and uses of the Grantor's Property. The Easement rights created
in this Agreement shall continue until explicitly terminated by the City of Oshkosh, notwithstanding any merger of
title (existing presently or in the future) in a common owner. There shall be no merger of any Easement Rights with
the title or other interests of any other of the real property interests described herein.
16. NO THIRD PARTY BENEFICIARY: The terms of this Easement Agreement are for the benefit of the two parties
identified, and their respective heirs, executors, administrators, successors, assigns, and legal representatives. It is not
the intention of either the RDA or the City that other parties acquire any rights to use the Easement Property, to
enforce this Easement Agreement, or to benefit from its terms including, without limitation, other entities that may be
considered as "public utilities" by law.
17. MUNICIPAL LIABILITY: Nothing in this Easement Agreement is intended as a waiver of the municipality's right
or opportunity to rely upon or use 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 applied, and are incorporated
into this agreement and shall govern all disputes regardless of the underlying theory for relief, whether contractual or
otherwise, as they relate to the municipality and its agents, officers, and employees.
18. FORCE MAJEURE: Neither the City nor the RDA shall be in default under this Easement Agreement if its failure to
perform is caused by any of the following events: act of God; fire; flood; severe storm; power outages; material
shortages or unavailability or other delay in undertaking their responsibilities identified in this Easement Agreement
that do not result from the parties failure to maintain their property or facilities. In order to claim relief under this
Section, the other party must be notified in writing of the existence of the event relied upon and the expected
cessation or termination of that event. For the duration of any valid Force Majeure event as defined by this Section,
the affected party's performance shall be excused. However, the affected party is still required to take appropriate
means to minimize or remove the event causing Force Majeure and, within the shortest possible time, attempt to
resume performance of the obligation affected by the event of Force Majeure.
19. 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.
20. NOTICES: The City shall provide reasonable notice prior to entering the Easement Property for any purpose related
to this Easement Agreement. Any notices related to a possible breach of 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:
Redevelopment Authority
Attn: Community Development Director
P.O. Box 1130
Oshkosh, WI 54903-1130
March 14, 2018 3
FOR THE GRANTEE:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh, WI 54903-1130
21. AUTHORITY: The RDA affirms that the undersigned have the authority to sign this agreement on behalf of the
entity. The City affirms that all necessary boards and public officials have authorized 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 City and the RDA.
REDEVELOPMENT AUTH Y OF THE CITY OF OSHKOSH
By: .. - By:
Steven J. Cummings, air H. Allen Davis, III, Executive Director
//1 >& -0 4") 42
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personallycame before me this � y
�J da of \ , 2018, the above named Steven J. Cummings, and H.
Allen Davis, III, to me known to be such person who executed the foregoing instrument and acknowledged the same, for the
purpose herein contained. -
C -
Notary Public, State of Wisco sm[�
My Commission expires: i21
CITY OF OSHKOSH
B
BY C�-- _, l��r-T� "
Y
Wrk A. Rohloff, City Manager Pamela R. Ubrig, Ci Clerk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this 7 day of AVAU' , 2018, the above named Mark A. Rohloff and Pamela R.
Ubrig of the City of Oshkosh, to me known to be suchpeons executed the foregoing instrument and acknowledged the
same, for the purpose herein contained. `✓^
Notary Publi , State of Wisconsin
My Commission expires: i
APP VED AS TO kORM.
L Lorenson, ity Attorney
Drafted by:
David J. Praska
Deputy City Attorney
Oshkosh, Wisconsin 54901
March 14, 2018 4
MUNICIPAL UTILITY EASEMENT
50 Riverway Drive
The property is located in the City of Oshkosh, Winnebago County, Wisconsin, and is more
particularly described as follows:
That part of the southeast'/4 of the northeast 1/4 and part of the northeast %4 of the southeast
1/4 of Section 23, Township 18 north, Range 16 east, in the first ward, City of Oshkosh,
Winnebago County, Wisconsin, described as follows:
Commencing at the furthest northwest corner of lot lof C.S.M No. 7150; thence South 38
degrees 19 minutes 21 seconds west, along and parallel to the northwesterly line of lot 1 of
C.S.M. No. 7150 a distance of 282.45 feet; thence along and parallel to the southerly line
of lot 1 of C.S.M. 7150 a distance of 60.00 feet to a point which intersects with the most
southeasterly corner of lot 1 of C.S.M. No. 7150; thence North 37 degrees 20 minutes 01
seconds west along and parallel to the southerly extension of the easterly line of said lot 22
of block "F" of the Western Addition a distance of 282.74 feet to a point on the southerly
right-of-way line of Riverway Drive; thence westerly along a line and parallel to the
southerly right-of-way of Riverway Drive back to the point of beginning.
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