HomeMy WebLinkAbout11. 19-140 MARCH 12, 2019 19-140 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: ACCEPT PEDESTRIAN ACCESS & TEMPORARY CUL DE SAC
EASEMENTS WITH MAINTENANCE TERMS WITHIN CASEY'S
MEADOW FOURTH ADDITION
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, Casey's Meadow, LLC is developing the Fourth Addition to Casey's
Meadow South which will include a planned connection to public parks/trails; and
WHEREAS, development of the Fourth Addition to Casey's Meadow South will
include a temporary cul de sac at the western terminus of Mockingbird Way for this
development.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized to accept a pedestrian access
easement and temporary cul de sac easements with maintenance terms within Casey's
Meadow Fourth Addition.
Pedestrian Access Easement
Document Number Document Title
THIS INDENTURE,made this day of 2019,
by CASEYS MEADOW, LLC., a Wisconsin Limited Liability Company
Grantor, and the CITY OF OSHKOSH, a municipal corporation, Grantee,
located in Winnebago County, Wisconsin.
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 Recording area
hereby acknowledged, the Grantor,its successors and assigns, does hereby Name and Return address
City Attorney's Office
give and grant unto the Grantee,its successors and assigns, and Grantee P.O.Box 1130
accepts, a Pedestrian Access Easement over and through the Easement Oshkosh,W154903-1130
Property through the recording of the Fourth Addition to Casey's Meadow
South subdivision Plat as recorded and as more fully described in this 9
Agreement. Parcel Identification Number (PIN)
1. PURPOSE: The Easement Property described in this Agreement shall be used for public purposes
benefitting Grantor's Property,neighboring properties, and the public's use of City parks and
recreation trails. This Easement is one of several Easements associated with the Grantor's
development of the Fourth Addition to Casey's Meadow South subdivision. This Pedestrian
Access Easement will allow public access across and through the recreational trail to be constructed
by the Grantor and maintained by Grantee. All of the subdivision easements are identified on the
recorded Plat. Due to the unique nature of the Pedestrian Access Easement, this particular
Agreement is separately entered into and recorded to more fully describe the benefits and
obligations.
2. GRANTOR PROPERTY: The Easement Property described herein is contained within two (2) lots
of a larger Property being developed as the Fourth Addition to Casey's Meadow South Plat,which
is located in the City of Oshkosh, Winnebago County, Wisconsin, and more particularly described:
Lots 79 and 80 of the Fourth Addition to Casey's Meadow South, recorded
with the Winnebago County Register of Deeds on the day of
2019, as Document Number , all of which is located in part of
the Southwest'/4 of Section 29, Township 18 North, Range 16 East, of the City
of Oshkosh, Winnebago County, Wisconsin.
3. EASEMENT PROPERTY: The Twenty(20) foot Pedestrian Access Easement granted in this
Agreement shall be over,under, and through Grantor's Property situated in the City of Oshkosh,
Winnebago County, Wisconsin, and more particularly described as follows (Easement Property):
An area with an uniform width of ten(10) feet along and adjacent to the entire
western property line of Lot 79, and an area with an uniform width of ten(10) feet
along and adjacent to the entire eastern property line of Lot 80 of the Fourth Addition
to Casey's Meadow South, recorded with the Winnebago County Register of Deeds
on the day of , 2019, as Document Number , all
of which is located in part of the Southwest'/4 of Section 29, Township 18 North,
Range 16 East, of the City of Oshkosh, Winnebago County, Wisconsin.
February 28, 2019 1
4. MAP: A map reflecting the location of the twenty(20) foot Pedestrian Access Easement granted with the
recording of the Fourth Addition to Casey's Meadow South Plan,with terms more fully described in this
Agreement,is attached as Exhibit A and is fully incorporated in this Agreement.
5. ACCESS RIGHTS: Grantee shall have the right to access and use the Easement Property for any purpose
related to its Pedestrian Access Easement including,without limitation,inspections,maintenance, and
repairs. Grantee may access the Easement Property from adjoining City-owned property,public rights—of-
way, or other Easements.
6. USE FOR PEDESTRIAN ACCESS: The Grantor agrees to build and install a ten(10) foot wide Asphalt
Recreational Trail within the Easement Property consistent with the plans approved by Grantee. The
recreational trail will connect with the public sidewalks in the Casey Trail right-of-way on the north, and
connect with City property that will eventually be linked to Rusch Park on the south. Grantor agrees to
allow the public to travel across the recreational trail and within and through the Easement Property for all
lawful purposes. Although the initial recreation trail will be asphalt, the Grantee reserves the right to
change the trail surface at Grantee's sole discretion and expense, and which may include, without
limitation, concrete or something other than a hard-surfaced material. Grantee may enter and use the
Easement Property for all lawful purposes. It is mutually understood and agreed that this Recreation Trail
is not a sidewalk as that term is used in State Statute and/or the City's Municipal Code.
7. CONSTRUCTION/MAINTENANCE: Initial construction and subsequent maintenance of the Asphalt
Recreation Trail and the Pedestrian Access Easement shall be as follows:
a. Grantor shall construct the ten (10) foot Asphalt Recreation Trail during the installation of public
facilities when developing the Fourth Addition to Casey's Meadow South,as more fully described in
the parties' Development Agreement. Initial construction shall be three (3) inches of asphalt over six
(6)inches of crushed aggregate base course. At the time of initial construction of the trail, Grantor
shall thereafter grade and restore the Easement Property according to the Grantee's approved plans.
Restoration shall include grading,placement of six(6)inches of topsoil, seeding, fertilizing, and
erosion mat.
b. After the initial trail construction, surface restoration, and any applicable warranty period, Grantee
shall be responsible for maintaining,repairing, and replacing the Asphalt Recreation Trail or any
subsequently installed trail within the Easement Property. Grantee is responsible for any grading and
seeding any surface that is disturbed through the Grantee's acts of maintaining, repairing, and
replacing the trail. Grantee will be responsible for snow and ice removal from the Asphalt Recreation
Trail according to City policies related to such snow and ice removal for recreation trails. Grantee
reserves the right to install, at any time and at Grantee's sole discretion,a split rail fence or similar type
of fence anywhere within the Easement Property including,without limitation, along the boundaries of
the Easement Property. Grantee shall remain responsible for reasonably maintaining a split rail or
other fence that it may install within the Easement Property.
c. Grantor shall be responsible maintenance and repairs of all other parts of the Easement Property,
which will generally be comprised of ensuring that the Easement Property has full grass coverage over
areas not covered by asphalt,mowing and weed removal, and other lawn maintenance and repair.
Grantor shall retain its obligation to maintain the surface of the Easement Property through mowing,
weed removal, and other lawn maintenance and repair even in the event the Grantee installs a split rail
or other type of fence within the Easement Property. Grantor shall be responsible for necessary repairs
to the surface or recreation trail and to the Easement Property surface to the extent such repairs are
caused by the actions of Grantor, or their agents or assigns. In the event Grantor fails or refuses to
undertake necessary maintenance, Grantee may undertake the same and shall be fully reimbursed by
the Grantor responsible of inaction.
February 28, 2019 2
8. INTERFERENCE WITH EASEMENT: Grantor,its heirs, agents, or assigns, shall not interfere with the
Grantee's use of the Easement Property for public recreation trail purposes. Grantor shall not install or
construct any new or additional structures,improvements, or landscaping within the Easement Property.
Grantor shall not place,pile, or move snow or ice on the Easement Property. Prohibited new changes,
structures, or improvements include,but are not limited to, temporary or permanent building structures,
parking areas, sheds, change in elevations,vegetation except grass, landscaping or fences unless otherwise
approved in writing by the Grantee. Grantee may approve of such improvements,but has no obligation to
approve any requested improvement. Grantor shall promptly remove any objects,materials, or structures
which are not approved, or which impede the Grantee's access and/or use of the Easement Property, or
which limit the capacity of the swale. If Grantor fails to remove these materials or any obstruction, Grantee
may remove them at Grantor's expense.
9. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign its
rights identified herein to any contractor, third party, or other person. Assignees must demonstrate to the
Grantee 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 Grantor's interest in the Easement Property to the same extent as if the Grantee was itself
performing the activity.
10. 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 parry in
breach shall have sixty(60) days to cure any actual breach or,if the breach cannot reasonably be cured
within the 60-day period,take appropriate steps to materially comply with the party's obligation to cure.
Notwithstanding the foregoing, the Grantee is entitled to ensure the continuous proper functioning of its
public recreation trail facilities without waiting sixty(60) days. Grantee 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
public recreation trail facilities. All costs and expenses incurred under such circumstances due to
Grantor's breach or negligence shall be reimbursed by Grantor to Grantee within sixty(60) days of receipt
of a bill for the same.
11. TERM: This Easement it 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. 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.
12. 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 parry shall not be construed to
be a waiver of any breach of any other terms or conditions of this Agreement.
13. 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.
14. 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 Grantor or Grantee that other parties shall acquire any
rights to enforce or bring any action based on this Agreement. For clarity purposes, the public access and
other benefits that may arise through the potential use of a recreation trail within the Easement Property
would be the result of the Grantee's recreation policies, and are not considered a beneficiary of this
Agreement.
February 28, 2019 3
15. MUNICIPAL LIABILITY: Nothing in this 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.
16. FORCE MAJEURE: Neither Grantor nor Grantee shall be in default under this 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
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.
17. 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.
18. NOTICES: Grantee shall not be required to provide notice prior to exercising any rights pursuant to the
Easement Property and this Agreement, except that Grantee will provide the on-site manager with advance
notice of significant work to be performed within the Easement Property provided no emergency exists.
Any notices related to a breach of this 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:
Casey's Meadow, LLC
c/o Chet Wesenberg
240 Algoma Blvd, Suite A
Oshkosh, WI 53901
FOR THE GRANTEE:
City of Oshkosh
c/o Parks Director
P.O. Box 1130
Oshkosh, WI 54903-1130
19. AUTHORITY: The Grantor affirms that the undersigned have the authority to sign this agreement on
behalf of the Grantor. Grantee affirms that all necessary boards and public officials have authorized this
Easement. The undersigned asserts and affirms that they have they have the authority without limitation to
enter into this Easement Agreement on behalf of the Grantor and Grantee.
February 28, 2019 4
IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day and year
first above written.
CASEY'S MEADOW,LLC
By:
Chet Wesenberg, Managing Member
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this day of 2019,the above named Chet Wesenberg,to
me known to be such person who executed the foregoing instrument and acknowledged the same, for the purpose
herein contained.
Notary Public, State of Wisconsin
My Commission expires:
CITY OF OSHKOSH
By: By:
Mark A.Rohloff, City Manager Pamela R.Ubrig, City Clerk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this day of ,2019,the above named Mark A.Rohloff and
Pamela R.Ubrig of the City of Oshkosh,to me known to be such persons who executed the foregoing instrument and
acknowledged the same, for the purpose herein contained.
Notary Public, State of Wisconsin
My Commission expires:
APPROVED AS TO FORM:
Lynn A. Lorenson, City Attorney
This instrument drafted by:
Attorney David J.Praska
Oshkosh, WI 54903-1130
February 28, 2019 5
CONSENT OF MORTGAGEE
The undersigned, being the holder of a mortgage against the property identified and described as "Easement
Property"in this Easement Agreement,consent to the grant of the Easement set forth above and agree that its interest
in the Easement Property shall be subject to this Easement.
(print name of mortgagee)
By:
(signature) (title)
(print name) (print title)
STATE OF )
ss.
COUNTY )
Personally came before me this day of 2019, the above named
(signator)of (mortgagee), to
me known to be such persons who executed the foregoing instrument and acknowledged the same, for the purpose
herein contained.
Notary Public, State of
My Commission expires:
February 28, 2019 6
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TEMPORARY CUL-DE-SAC EASEME INT Recording Area
(MOCKINGBIRD WAY) '
Document Number DocumentName
I
THIS INDENTURE, made this day of February, 2019,
by Thomas N. Rusch, by his Power of Attorney, Rebecca G.
Wesenberg, ("Grantor," whether one or more), and CITY OF `
OSHKOSH, a Wisconsin Municipal Corporation C Grantee,"
whether one or more). ,
WITNESSETH:
g
IN CONSIDERATION of the sum of One Dollar $1.00 and
) Name and Return Address
other good and valuable consideration paid the Grantee,the receipt of Lynn Lorensen,Esq.
which is hereby acknowledged, the Grantor does hereby give and grant City Attorney's Office
unto the Grantee, its successors and assigns, a temporary public Oshkosh,WI 54903-1130
easement of a 50 foot radius in, under and over the land hereinafter 913-3600-01-03 and 002-0349
described: Parcel Identification Number(PIN)
2
EASEMENT PROPERTY: The Easement Property is situated in the
City of Oshkosh, Winnebago County, Wisconsin,. and described as
follows:
l
IN PART OF THE NW1/4-SW1/4 OF SECTION 29,T18N,R16E,TOWN
OF ALGOMA AND CITY OF OSHKOSH,WINNEBAGO COUNTY,
WISCONSIN,BEING PART OF LOT 2 OF CERTIFIED SURVEY MAP . 3
N0. 3944. a
i
The easement is more particularly described as follows: i
BEGINNING AT THE NORTHWEST CORNER OF LOT 105 OF FOURTH
ADDITION TO CASEY'S MEADOW SOUTH;
THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC
OF A CURVE CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 50.00
FEET,WHOSE CHORD BEARS N70°34'59"W 94.87 FEET;
THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC
OF A CURVE CONCAVE SOUTHEASTERLY,HAVING A RADIUS OF 50.00
FEET,WHOSE CHORD BEARS N72°32'49"E 94.87 FEET TO THE NORTH F
RIGHT-OF-WAY LINE OF MOCKINGBIRD WAY;
THENCE S00058'55"W 60.00 FEET TO THE POINT OF BEGINNING OF SAID
EASEMENT.
THE CENTER OF THE CURVE FOR THE EASEMENT IS LOCATED N52008'
53"W 50.00 FEET FROM THE NORTHWEST CORNER OF LOT 105 OF FOURTH E
ADDITION TO CASEY'S MEADOW SOUTH.
PURPOSE: This temporary easement is necessary to allow the development of the Fourth Addition to
Casey's Meadow South. Mockingbird Way right of way along with associated street andpublic utility
improvements,originate in the Casey's Meadow South development and will be extended as part of the
Fourth Addition to Casey'.s Meadow South,but will remain unconnected to other rights of way within or 4
outside of this development. The future development for the overall site will eventually connect
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Mockingbird Way to other rights of way within this development and/or rights of way outside of the
Casey's Meadow South development. This temporary easement will allow the construction of a cul-de-sac
at the end of the Mockingbird Way right-of-way to be dedicated as part of the Fourth Addition to Casey's
Meadow South to allow the public using Mockingbird Way to safely turn around when reaching the end of
this street.
TERM: THE CUL-DE-SAC EASEMENT SHALL REMAIN IN FULL FORCE AND EFFECT E
UNTIL SUCH TIME WHEN MOCK[NGBIRD WAY IS EXTENDED WEST.
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USE OF EASEMENT: This easement is not a dedicated public right of way,but maybe used by the 1
Grantor, Grantee, and the public for all lawful purposes as may otherwise be allowed on any other dedicated
public right of way. No building, structure, or obstruction shall be placed upon said property, and Grantor
shall, at its expense,keep the premises free of all such obstructions.
CONSTRUCTION OF CUL-DE-SAC: Grantor shall be responsible for constructing, at its expense,the
temporary cul-de-sac within the Easement Property. The temporary cul-de-sac shall be constructed to the 5
specifications required by the Grantee. Due to the temporary nature of the cul-de-sac,it is not expected by
the Grantee to be constructed to meet all of Grantee's street specifications. Grantor shall be responsible for f
complying with all state and federal rules,requirements and statutes. In general terms,the Grantee will
allow this cul-de-sac to.utilize a gravel surface. Specific requirements for construction of the temporary cul-
de-sac shall be at the written direction of the Grantee's Public Works Director, or their designee. Such
written direction shall be incorporated by reference into this easement.
MAINTENANCE OF CUL-DE-SAC: Except as otherwise noted, Grantor shall be responsible for
maintaining, at its expense,the temporary cul-de-sac on the Easement Property. The temporary cul-de-sac
shall be maintained by the Grantor in a manner necessary to avoid injury to the person or property of those
persons and vehicles using the cul-de-sac. The only exception to Grantor's maintenance requirements is
that Grantee shall remove snow from the cul-de-sac according to the removal schedule set for snow removal
from the Grantee's overall street system. In the event that Grantor fails to properly maintain the cul-de-sac,
Grantee may enter the Easement Property and perform all necessary maintenance activities at Grantor's i
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expense.
MAINTENANCE OF UTILITIES ON, OVER, OR UNDER EASEMENT PROPERTY: As part of the
development of the Fourth Addition to Casey's Meadow South,various public utilities will be installed
within the Mockingbird Way right-of-way to be dedicated as part of this Fourth Addition. These utilities }
will also be extended past the dedicated right-of-way and into the Easement Property, or potentially beyond,
in anticipation of future Additions to Casey's Meadow South. Grantor shall allow Grantee to enter the
Easement Property or other property owned by Grantor for the purpose of maintaining or repairing any part
of the Grantee's public utility system at any time the Grantee believes that it is reasonably necessary to do
SO. '
REMOVAL OF CUL-DE-SAC: Grantor shall be responsible for the complete and timely removal, at its
expense, of the cul-de-sac upon the termination of this easement.
AUTHORITY: The Grantor states that it is the owner of and possesses the real property described above
and it has a lawful right to grant this easement. The persons signing this document below affirmatively state
that they are authorized by the Grantor or Grantee to sign this document.
BINDING EFFECT: The terms, covenants, and provisions of this easement shall extend to and be binding
upon the,heirs, executors,administrators,personal representatives, successors, and assigns of the parties-
hereto.
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INTERPRETATIONNENUE: This Agreement shall be construed and enforced in accordance with the
internal laws of the State of Wisconsin. Disputes related to this document shall be resolved in the
Winnebago County courts, or within any district of a federal court within which Winnebago County is
located. j
ENTIRE AGREEMENT: Except for any document incorporated by reference,this Agreement sets forth z
the entire understanding of the parties and may not be changed except by a written document executed and
acknowledged by all parties to this Agreement and duly recorded in the office of the Register of Deeds of
Winnebago County, Wisconsin.
E
MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the Grantee's right or
opportunity to rely upon the municipal limitations and liabilities contained in Wisconsin law. Municipal
immunities and limitations include,but are not limited to, Sections 345.05, 893.80, and 893.83,Wisconsin
Statutes. Such damage limitations, caps and immunities are intended to be preserved and are incorporated f
into this Agreement.and shall govern all disputes related to this agreement, contractual or otherwise, as they i
apply to the municipality and its agents, officers, and employees.
THIRD PARTY BENEFICIARY: Third parties may benefit from this temporary easement to the extent
that a temporary cul-de-sac will be made available for public use during the term of this easement. j
However,it is not the intention of these parties that third parties will otherwise benefit from any term of this
easement. Specifically,these parties do not intend for third parties to obtain contractual rights through this
easement agreement.
NO PUBLIC DEDICATION: While some or all of the Easement Property may be dedicated to Grantee in '
the future,nothing in this Agreement shall be deemed to be gift or dedication of any portion of the easement 1
granted under this Agreement to the general public or for any public purpose whatsoever.
Executed by the Parties on the date of this Agreement.
THOMAS N.RUSCH
By: a P•L)1A"
Rebecca G. er Wesenberg,Po f A rney
for Thomas N. Rusch
STATE OF WISCONSIN )
} SS
WINNEBAGO COUNTY }
Personally came before me on this ??ne- day of February,2019,the above named Rebecca
G. Wesenberg,to me known to be the persons who executed the foregoing instrument and acknowledged
the same.
3. KAQ
; !. Notary Public, State of Wisconsin
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%1 My Commission: F;nires a 3/27/20
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°'�F,W I S Go `'
CITY OF OSHKOSH
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Para a R. Ubri g, City Clerk Mark Rohloff,City Manager a
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APPROVED:
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Lynn Lorensen, City Attorney .
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1
STATE OF WISCONSIN )
SS
WINNEBAGO COUNTY ) t
i
Personally came before me on this day of February. 2019,the above named Mark
Rohloff and .Pamela R. Ubri,gto me known to be the persons who executed the foregoing instrument and
acknowledged the same. 3
Notary Public, State of Wisconsin
My Commission:
This document was drafted by:
Attorney Brian D.Hamill
Dempsey,Edgarton, St.Peter,Petak&Rosenfeldt Law Firm,LLP
P. O.Box 886
Oshkosh, W154903-0886
920-235-7300
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TEMPORARY CUL-DE-SAC EASEMENT Recording Area 1
(WYATT WAY) 1
Document Number Document Name '
i
THIS INDENTURE, made this day of February, 2019,
3
by CASEY'S MEADOW, LLC, a Wisconsin Limited Liability
Company, and Thomas N. Rosch, by his Power of Attorney, .
Rebecca G. Wesenberg,("Grantor,"whether one or more), and CITY x.
OF OSHKOSH, a Wisconsin Municipal Corporation ("Grantee,"
whether one or more).
WITNESSETH:
1
Name and Return Address
IN CONSIDERATION of the sum of One Dollar ($1.00) and Lynn Lorensen,Esq.
other good and valuable consideration paid the Grantee, the receipt of City Attorney's Office
which is hereby acknowledged,the Grantor does hereby give and grant Oshkosh,WI 54903-1130
unto the Grantee, its successors and assigns, a temporary public 913-3700 and 002-0349
easement of a 50 foot radius in, under and over the land hereinafter 11 Parcel Identification Number(PIN)
described:
EASEMENT PROPERTY: The Easement Property is situated in the 1
City of Oshkosh, Winnebago County, Wisconsin, and described as
follows:
F
IN PART OF THE NW1/4-SWI/4 OF SECTION 29,TI 8N,R16E, TOWN
OF ALGOMA AND CITY OF OSHKOSH,WINNEBAGO COUNTY,
WISCONSIN,BEING PART OF LOT 2 OF CERTIFIED SURVEY MAP
NO. 3944.
The easement is more particularly described as follows:
BEGINNING AT THE NORTHWEST CORNER OF LOT 94 OF FOURTH i.
ADDITION TO CASEY'S MEADOW SOUTH;
THENCE SOUTHWESTERLY,NORTHWESTERLY,NORTHEASTERLY,
AND SOUTHEASTERLY,ALONG THE ARC OF A CURVE CONCAVE
NORTHWESTERLY,HAVING A RADIUS OF 50.00 FEET,WHOSE CHORD
BEARS N13001'14"W 60.00 FEET;
THENCE N76058'46"E 12.99 FEET TO THE SOUTHWEST CORNER OF LOT x
95 OF FOURTH ADDITION TO CASEY'S MEADOW SOUTH;
THENCE S00048'05"E 61.39 FEET TO THE POINT OF BEGINNING OF SAID
EASEMENT. '
THE CENTER OF THE CURVE FOR THE EASEMENT IS LOCATED N66009'
02"W 50.00 FEET FROM THE NORTHWEST CORNER OF LOT 94 OF
FOURTH ADDITION TO CASEY'S MEADOW SOUTH.
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PURPOSE: This teinporary easement is necessary to allow the development of the Fourth Addition to
Casey's Meadow South. Wyatt Way right of way along with associated street and public utility
improvements,originate in the Casey's Meadow South development and will be extended as part of the
Fourth Addition to Casey's Meadow South,but will remain unconnected to other rights of way within or
outside of this development. The future development for the overall site will eventually connect Wyatt Way
z
to other rights of way within this development and/or rights of way outside of the Casey's Meadow South
development. This temporary easement will allow the construction of a cul-de-sac at the end of the Wyatt
Way right-of-way to be dedicated as part of the Fourth Addition to Casey's Meadow South to allow the
public using Wyatt Way to safely turn around when reaching the end of this street.
TERM: THE CUL-DE-SAC EASEMENT SHALL REMAIN IN FULL FORCE AND EFFECT F
UNTIL SUCH TIME WHEN WYATT WAY IS EXTENDED SOUTHWEST.
USE OF EASEMENT: This easement is not a dedicated public right of way,but may be used by the
Grantor, Grantee, and the public for all lawful purposes as may otherwise be allowed on any other dedicated
public right of way. No building, structure,or obstruction shall be placed upon said property,and Grantor
shall, at its expense,keep the premises free of all such obstructions.
CONSTRUCTION OF CUL-DE-SAC: Grantor shall be responsible for constructing, at its expense, the
temporary cul-de-sac within the Easement Property. The temporary cul-de-sac shall be constructed to the
specifications required by the Grantee. Due to the temporary nature of the cul-de-sac,it is not expected by
the Grantee to be constructed to meet all of Grantee's street specifications. Grantor shall be responsible for
complying with all state and federal rules,requirements and statutes. In general terms,the Grantee will
allow this cul-de-sac to utilize a gravel surface. Specific requirements for construction of the temporary cul-
de-sac shall be at the written direction of the Grantee's Public Works Director,or their designee. Such
written direction shall be incorporated by reference into this easement. g
L
MAINTENANCE OF CUL-DE-SAC: Except as otherwise noted, Grantor shall be responsible for
maintaining, at its expense,the temporary cul-de-sac on the Easement Property. The temporary cul-de-sac
shall be maintained by the Grantor in a manner necessary to avoid injury to the person or property of those
persons and vehicles using the cul-de-sac. The only exception to Grantor's maintenance requirements is t
that Grantee shall remove snow from the cul-de-sac according to the removal schedule set for snow removal l
from the Grantee's overall street system. In the event that Grantor fails to properly maintain the cul-de-sac,
Grantee may enter the Easement Property and perform all necessary maintenance activities at Grantor's 3
expense.
MAINTENANCE OF UTILITIES ON, OVER, OR UNDER EASEMENT PROPERTY: As part of the
development of the Fourth Addition to Casey's Meadow South,various public utilities will be installed
within the Wyatt Way right-of-way to be dedicated as part of this Fourth Addition. These utilities will also
be extended past the dedicated right-of-way and into the Easement Property, or potentially beyond,in
anticipation of future Additions to Casey's Meadow South. Grantor shall allow Grantee to enter the
Easement Property or other property owned by Grantor for the purpose of maintaining or repairing any part
of the Grantee's public utility system at any time the Grantee believes that it is reasonably necessary to do
SO.
REMOVAL OF CUL-DE-SAC: Grantor shall be responsible for the complete and timely removal, at its
expense, of the cul-de-sac upon the termination of this easement.
AUTHORITY: The Grantor states that it is the owner of and possesses the real property described above
and it has a lawful right to grant this easement. The persons signing this document below affirmatively state
that they are authorized by the Grantor or Grantee to sign this document.
BINDING EFFECT: The terms, covenants, and provisions of this easement shall extend to and be binding
upon the heirs,executors, administrators,personal representatives, successors, and assigns of the parties
hereto.
INTERPRETATIONNENUE: This Agreement shall be construed and enforced in accordance with the
internal laws of the State of Wisconsin. Disputes related to this document shall be resolved in the t
Winnebago County courts, or within any district of a federal court within which Winnebago County is
located.
ENTIRE AGREEMENT: Except for any document incorporated by reference,this Agreement sets forth f
the entire understanding of the parties and may not be changed except by a written document executed and f
acknowledged by all parties to this Agreement and duly recorded in the office of the Register of Deeds of
Winnebago County,Wisconsin.
MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the Grantee's right or
opportunity to rely upon the municipal limitations and liabilities contained in Wisconsin law. Municipal
immunities and limitations include,but are not limited to, Sections 345.05, 893.80, and 893.83,Wisconsin
Statutes. Such damage limitations, caps and immunities are intended to be preserved and are incorporated
into this Agreement and shall govern all disputes related to this agreement,contractual or otherwise, as they
apply to the municipality and its agents, officers, and employees. s
THIRD PARTY BENEFICIARY: Third parties may benefit from this temporary easement to the extent
that a temporary cul-de-sac will be made available for public use during the term of this easement.
However,it is not the intention of these parties that third parties will otherwise benefit from any term of this
easement. Specifically,these parties do not intend for third paries to obtain contractual rights through this
easement agreement. i
F
x
NO PUBLIC DEDICATION: While some or all of the Easement Property may be dedicated to Grantee in
the fixture,nothing in this Agreement shall be deemed to be gift or dedication of any portion of the easement
granted under this Agreement to the general public or for any public purpose whatsoever.
i
Executed by the Parties on the date of this Agreement.
9
Z
I
3
3
CASEY'S MEADOW,LLC
z
Chet A. esenberg, b
THOMAS N.RUSCH
Rebecca G. Wesenberg,P e of Attorney
for Thomas N.Busch
f
4 e
f
s,
r
STATE OF WISCONSIN )
Ss 3
x
WINNEBAGO COUNTY }
1
r
Personally came before me on this 2 2nd day of February,2019,the above named Chet A.
Wesenberg and Rebecca G. Wesenberg,to me known to be the persons who executed the foregoing
instrument and acknowledged the same. $gg
�aO�A R Y ,s'' No ary Nblic, State of Wisconsin
My Commission: Expires: 3/27/20
PUE31...�G
°'ATF 01
OF
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CITY OF OSHKOSH
1
i
Pamela R. Ubri g , City Clerk Mark Rohloff, City Manager
2
APPROVED:
i
Lynn Lorensen, City Attorney
STATE OF WISCONSIN }
SS F
i
WINNEBAGO COUNTY )
Personally came before me on this day of February. 2019,the above named Mark
Rohloff andpamel a R. Ubri g to me known to be the persons who executed the foregoing instrument and
acknowledged the same.
Notary Public, State of Wisconsin
My Commission:
This document was drafted by:
Attorney Brian D.Hamill
Dempsey,Edgarton, St,Peter, Petak&Rosenfeldt Law Firm,LLP
P. O.Box 886
Oshkosh,WI 54903-0886
920-235-7300
l
I
E
' S
TEMPORARY CUL-DE-SAC EASEMENT Recording Area r
(CASEY TRAIL) l
DocumentNumber Document Name i
f
t
THIS INDENTURE, made this day of February, 2019,
by CASEY'S MCADOW, LLC, a Wisconsin Limited Liability
Company, and Thomas N. Rusch, by his Power of Attorney,
Rebecca G. Wesenberg ("Grantor,"whether one or more), and CITY
OF OSHKOSH, a Wisconsin Municipal Corporation ("Grantee,"
whether one or more).
WITNESSETH:
Name and Return Address t
IN CONSIDERATION of the sum of One Dollar ($1.00) and Lynn Lorensen,.Esq.
other good and valuable consideration paid the Grantee, the receipt of City Attorney's Office
which is hereby acknowledged,the Grantor does hereby give and grant Oshkosh,WI 54903-1130 v
unto the Grantee, its successors and assigns, a temporary public 913-3700 and 002-0349
easement of a 50 foot radius in, under and over the land hereinafter Parcel Identification Number(PIN)
described:
i
EASEMENT PROPERTY: The Easement Property is situated in the
City of Oshkosh, Winnebago County, Wisconsin, and described as
follows: 1
3
IN PART OF THE NW1/4-SW1/4 AND IN PART OF THE SWl/4-SWl/4 OF
SECTION 29, TI 8N,R1 6E,TOWN OF ALGOMA AND CITY OF OSHKOSH,
WINNEBAGO COUNTY,WISCONSIN,BEING PART OF LOT 2 OF
CERTIFIED SURVEY MAP NO. 3944.
The easement is more particularly described as follows:
BEGINNING AT THE NORTHWEST CORNER OF LOT 82 OF FOURTH
ADDITION TO CASEY'S MEADOW SOUTH;
THENCE SOUTHWESTERLY,NORTHWESTERLY,NORTHEASTERLY,
AND SOUTHEASTERLY,ALONG THE ARC OF A CURVE CONCAVE
NORTHWESTERLY,HAVING A RADIUS OF 50.00 FEET,WHOSE CHORD
BEARS N14052'36"W 60.00 FEET;
THENCE NORTHEASTERLY,ALONG THE ARC OF A CURVE CONCAVE
SOUTHEASTERLY,HAVING A RADIUS OF 103 0.00 FEET,WHOSE CHORD
BEARS N76003'05"E 33.37 FEET TO THE SOUTHWEST CORNER OF LOT
83 OF FOURTH ADDITION TO CASEY'S MEADOW SOUTH;
THENCE S14025'14"W 68.18 FEET TO THE POINT OF BEGINNING OF SAID
EASEMENT.
4
THE CENTER OF THE CURVE FOR THE EASEMENT IS LOCATED N68000'
24"W 50.00 FEET FROM THE NORTHWEST CORNER OF LOT 82 OF FOURTH
ADDITION TO CASEY'S MEADOW SOUTH.
PURPOSE: This temporary easement is necessary to allow the development of the Fourth Addition to
Casey's Meadow South. Casey Trail right of way along with associated street and public utility
improvements,originate in the Casey's Meadow South development and will be extended as part of the
Fourth Addition to Casey's Meadow South,but will remain unconnected to other rights of way within or
outside of this development. The future development for the overall site will eventually connect Casey Trail
to other rights of way within this development and/or rights of way outside of the Casey's Meadow South
development. This temporary easement will allow the construction of a cul-de-sac at the end of the Casey
Trail right-of-way to be dedicated as part of the Fourth Addition to Casey's Meadow South to allow the
public using Casey Trail to safely turn around when reaching the end of this street.
4
TERN.[: THE CUL-DE-SAC EASEMENT SHALL REMAIN IN FULL FORCE AND EFFECT
UNTIL SUCH TIME WHEN CASEY TRAIL IS EXTENDED SOUTHWEST.
USE OF EASEMENT: This easement is not a dedicated public right of way, but may be used by the
Grantor, Grantee, and the public for all lawful purposes as may otherwise be allowed on any other dedicated
public right of way. No building, structure, or obstruction shall be placed upon said property, and Grantor =
shall, at its expense,keep the premises free of all such obstructions.
CONSTRUCTION OF CUL-DE-SAC: Grantor shall be responsible for constructing, at its expense,the
temporary cul-de-sac within the Easement Property. The temporary cul-de-sac shall be constructed to the
specifications required by the Grantee. Due to the temporary nature of the cul-de-sac, it is not expected by
the Grantee to be constructed to meet all of Grantee's street specifications. Grantor shall be responsible for }
complying with all state and federal rules,requirements and statutes. In general terms,the Grantee will
allow this cul-de-sac to utilize a gravel surface. Specific requirements for construction of the temporary cul- F
de-sac shall be at the written direction of the Grantee's Public Works Director, or their designee. Such
written direction shall be incorporated by reference into this easement.
a
MAINTENANCE OF CUL-DE-SAC: Except as otherwise noted,Grantor shall be responsible for
maintaining,at its expense,the temporary cul-de-sac on the Easement Property. The temporary cul-de-sac
shall be maintained by the Grantor in a manner necessary to avoid injury to the person or property of those
persons and vehicles using the cul-de-sac. The only exception to Grantor's maintenance requirements is
that Grantee shall remove snow from the cul-de-sac according to the removal schedule set for snow removal
from the Grantee's overall street system. In the event that Grantor fails to properly maintain the cul-de-sac,
Grantee may enter the Easement Property and perform all necessary maintenance activities at Grantor's 1
expense.
MAINTENANCE OF UTILITIES ON, OVER, OR UNDER EASEMENT PROPERTY: As part of the
development of the Fourth Addition to Casey's Meadow South,various public utilities will be installed
within the Casey Trail right-of-way to be dedicated as partof this Fourth Addition. These utilities will also
be extended past the dedicated right-of-way and into the Easement Property, or potentially beyond,in
anticipation of future Additions to Casey's Meadow South.. Grantor shall allow Grantee to enter the
Easement Property or other property owned by Grantor for the purpose of maintaining or repairing any part
of the Grantee's public utility system at any time the Grantee believes that it is reasonably necessary to do
so.
REMOVAL OF CUL-DE-SAC: Grantor shall be responsible for the complete and timely removal, at its
expense, of the cul-de-sac upon the termination of this easement.
AUTHORITY: The Grantor states that it is the owner of and possesses the real property described above
and it has a lawful right to grant this easement, The persons signing this document below affirmatively state
that they are authorized by the Grantor or Grantee to sign this document.
i
3
BINDING EFFECT: The terms,covenants,and provisions of this easement shall extend to and be binding
upon the heirs, executors, administrators,personal representatives, successors,and assigns of the parties
hereto.
INTERPRETATIONNENUE: This Agreement shall be construed and enforced in accordance with the
internal laws of the State of Wisconsin. Disputes related to this document shall be resolved in the
Winnebago County courts,or within any district of a federal court within which Winnebago County is
located.
ENTIRE AGREEMENT: Except for any document incorporated by reference,this Agreement sets forth
the entire understanding of the parties and may not be changed except by a written document executed and 3
acknowledged by all parties to this Agreement and duly recorded in the office of the Register of Deeds of
Winnebago County, Wisconsin. {
MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the Grantee's right or f
opportunity to rely upon the municipal limitations and liabilities contained in Wisconsin law. Municipal
immunities and limitations include,but are not limited to, Sections 345.05, 893.80,and 893.83,Wisconsin
Statutes. Such damage limitations,caps and immunities are intended to be preserved and are incorporated
into this Agreement and shall govern all disputes related to this agreement, contractual or otherwise, as they
apply to the municipality and its agents, officers, and employees.
THIRD PARTY BENEFICIARY: Third parties may benefit from this temporary easement to the extent
that a temporary cul-de-sac will be made available for public use during the term of this easement.
However,it is not the intention of these parties that third parties will otherwise benefit from any term of this
easement. Specifically,these parties do not intend for third parties to obtain contractual rights through this
easement agreement.
NO PUBLIC DEDICATION: While some or all of the Easement Property may be dedicated to Grantee in
the future,nothing in this Agreement shall be deemed to be gift or dedication of any portion of the easement
granted under this Agreement to the general public or fot any public purpose whatsoever.
Executed by the Parties on the date of this Agreement.
CASEY'S MEADOW,LLC
Chet,A esen erg, e ber
THOMAS N.RUSCH
Rebecca G. Wesenberg, Po r of Attorney
for Thomas N.Rusch
s
STATE OF WISCONSIN )
SS
WINNEBAGO COUNTY ) i
Personally came before me on this 22nd day of February,2019,the above named Chet A.
Wesenberg and Rebecca G.Wesenberg,to me known to be the persons who executed the foregoing .
instrument and acknowledged the samq,,, Nw
o
Kq
�O Tq Notary Public, State of Wisconsin
My Commission:Expires: 3/27/20
0-
;tC 3
rr W�Svn,
CITY OF OSHKOSH
a
Paml a R. Wri g, City Clerk Mark Rohloff, City Manager
{
i
APPROVED:
i
t
1
t
Lynn Lorensen, City Attorney
i
STATE OF WISCONSIN )
SS
WINNEBAGO COUNTY )
l
Personally came before me on this day of February.2019,the above named Mark
Rohloff and Parcel a R. Ubri g,to me known to be the persons who executed the foregoing instrument and
acknowledged the same.
Notary Public, State of Wisconsin
My Commission:
This document was drafted by:
Attorney Brian D. Hamill
Dempsey, Edgarton, St.Peter,Petak&Rosenfeldt Law Firm,LLP
P. O.Box 886
Oshkosh,WI 54903-0886