HomeMy WebLinkAboutEncroachment Agreement 3260 Casey Trail III 11111111 II ll fill
8 4 7 1 2 2 1
Tx:4345390
Encroachment Agreement DO C# 1781129
NATALIE STROHMEYER
Document Number REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
12/17/2018 08:48 AM
RECORDING FEE: 30.00
PAGES: 8
Recording Area 1 C") 'I
Name and Return Address
City Attorney's Office
PO Box 1130
Oshkosh,WI 54903-1130
91336170000
Parcel Identification Number
CITY OF OSHKOSH
AND
PROPERTY OWNER
RECEIVED
JAN032019I
This document drafted by: CITY CLERIC'S OFFICE
David J. Praska,Deputy City Attorney
City of Oshkosh, Wisconsin
September 21, 2018 1
ENCROACHMENT AGREEMENT
This Agreement is between the City of Oshkosh(City),and Donald F.Wolff,Jr.and Kelly L.
Wolff(collectively, Owner). The parties enter into this Agreement for$1.00 and other good and
valuable consideration as described in this Agreement, the sufficiency and receipt of which is
acknowledged.
1) The Owner is the fee owner of Property identified as Parcel Number 91336170000 and
commonly known as 3260 Casey Trail,which is more particularly described as follows:
Lot Seventeen(17) in CASEY'S MEADOW SOUTH,in the Thirteenth
Ward, City of Oshkosh, Winnebago County, Wisconsin.
2) The City holds a public storm water Easement(Easement) over and through the rear yard
adjacent to Outlot 2 of the Casey's Meadow South subdivision,recorded with the Winnebago
County Register of Deeds on January 16, 2006, as Document Number 1385251. Casey's
Meadow South subdivision plat is attached as Exhibit A.
3) The Owner proposes installing a chain link fence within and across the City's Easement. The
fencing will be installed in a manner substantially conforming to the location and description as
identified in Exhibit B,which is attached to this Agreement.
4) No structure or object is allowed to encroach into a City easement without the City's
permission. The proposed fence would encroach into the City's Easement and therefore requires
City permission.
5) The City has reviewed the Owner's request to allow a chain link fence to encroach into the
City's Easement. The City will allow the placement of the fence subject to the terms of this
Encroachment Agreement. A material component of this Agreement is the explicit
understanding that the City's permission allowing an Encroachment does not create or give any
property right. This Encroachment is personal to the Owner and is completely revocable by the
City.
6) This Encroachment consisting of a fence will be allowed to project into the City's Easement,
provided that the actual Encroachment constructed is materially similar to the design and
specifications submitted for the City's approval,which is attached as Exhibit B.
7 The i 'C ty s permission for this Encroachment is contingent upon the initial,and continuing,
compliance with all applicable local,state,and federal codes and rules. The Encroachment shall
comply with City Ordinances, and state and federal laws and regulation regarding related
subjects including setbacks, fencing, zoning, property maintenance, permitting, and public
nuisance.
8) The Owner agrees to be solely responsible for the installation and maintenance of the
Encroachment,and is solely responsible for any and all personal or property damage caused by
the Encroachment.
September 21, 2018 2
9) The Owner is solely responsible for securing, maintaining, repairing, and replacing the
Encroachment. The Owner is responsible for identifying accurate property boundaries. The
City's permission and approval of this Encroachment is not meant to state or imply that the City
guaranties or warranties the short and long term'stability and safety of the Encroachment. The
Owner always retains the responsibility and liability for the Encroachment.
10) The Owner acknowledges and agrees that public utilities and facilities, including those
located within the City's Easement,are subject to maintenance,repair,and replacement. To that
end,
a) The Owner is solely responsible for removing,or protecting if the circumstances warrant and
the City Agrees,the Encroachment if it will be affected by any public maintenance,repair,or
replacement projects or activities within the Easement. The City will not be responsible for
any costs related to the disruption or removal of the Encroachment.
b) The Owner is solely responsible for protecting public utilities and facilities from adverse
effects related to the existence of the Encroachment.
c) In the event that maintenance, repair, or replacement of public utilities or facilities in the
Easement is planned near the Encroachment,the City agrees to make reasonable efforts to
notify the Owner of these projects or activities in advance.
d) If the Owner elects to remove or otherwise take actions to protect the Encroachment, such
actions must be taken in a manner approved by the City and within the timeframe for the
City's anticipated work.
e) The City shall not be responsible for any damage to the Encroachment,or any structure or
hardware attached to the Encroachment.
f) The City has no obligation to remove,but shall be allowed to remove,at its sole discretion,
the Encroachment in the event that a public project involving maintenance,repairs,and/or
replacement of public utilities and facilities within the right-of-way requires such removal.
g) The Owner shall be responsible for reinstalling/reconstructing the Encroachment regardless
of who removed the Encroachment.
h) In the event the City is required to remove or protect the Encroachment for purposes
described in this Agreement,the Owner gives the City permission to enter,access,and alter
the Owners' Property at the location of or adjoining the Encroachment area for the sole
purpose of removing or protecting the Encroachment and only to the extent reasonably
necessary to achieve those objectives.
11) Due to the revocable nature of the City's permission and the lack of any property rights
granted, the Owner is not eligible for, and specifically disavows, any right to receive
compensation of any kind for the removal,alteration,or limited accessibility,in whole or in part,
whether temporary or permanent,of the Encroachment.
September 21, 2018 3
12) The City is allowed to revoke its permission for the Encroachment at its sole discretion for
any of the following reasons:
a) The public use of the Easement prohibits the continued existence and location of the
Encroachment, with a particular prohibition described in statutes, court cases, rules,
regulations, or best practices;
b) The continued existence of the Encroachment would limit the public use of the Easement,
with such determination to be made solely at the discretion of the City;
c) The City determines that the Encroachment adversely affects the functioning of Easement;
d) The Encroachment is increased, expanded,and/or moved without permission;
e) The Encroachment is prohibited by any local, state, or federal rules, laws, or guidelines
relating to any public facility located in the Easement;
f) The Owner fails to properly maintain,repair, or replace the Encroachment;
g) The Owner fails to provide the City with annual written proof that the Encroachment is
covered by the required insurance.
13) In the event that the Owner fails or refuses to remove the Encroachment that has either been
revoked,or has otherwise fallen into poor condition or disrepair,the City may,but is not required
to, enter Owner's property to remove and dispose of the Encroachment at Owner's expense.
14) The Owner releases the City of Oshkosh, its employees, agents, elected officials, and
authorized volunteers from all debt, claims, demands, damages, actions and causes of action
whatsoever which may result from the Encroachment. The Owner shall protect and hold the City
of Oshkosh harmless against all actions,claims and demands of any kind or character whatsoever
which are related to the Encroachment.
15) Both parties understand and agree that accidents and incidents related to the Easement may
result in lawsuits or threats of lawsuits against the City. Therefore, the Owner agrees to
indemnify and pay to the City all amounts that the City maybe required,obligated,or adjudged
as responsible to pay, for any dispute or action related to the Encroachment. This
indemnification is broad,and shall include damages,attorney's fees and costs,and defense costs.
The payments required of the Owner by this paragraph are due no later than 30 days after written
request for such indemnification. The Owner agrees that this paragraph shall be liberally
construed in favor of the City of Oshkosh, in consideration of the privilege granted by the City
under this Agreement.
16) At all times that the Encroachment is located in the City's Easement,the Owner's property
liability insurance shall cover all potential liabilities related to the Encroachment. The Owner's
insurance shall provide reasonable coverage for potential damages to persons and property cause
wholly, or in part, by the Encroachment. Minimum insurance coverage related to the
September 21, 2018 4
encroachment shall be $500,000 for each occurrence for bodily injury and property damage
liability and $500,000 general aggregate. The Owner shall include the City of Oshkosh as an
additional insured on its policy for claims,liabilities,and damages related to the encroachments.
The Owner shall annually provide the City with proof of insurance for the Encroachment.
17) The Owner's responsibilities pursuant to this Agreement extend to other persons,contractors,
and agents performing work on Owner's behalf and related to the Encroachment, as well as
successors and assigns, and those with any interest in the Property. The Owner shall be
responsible for the actions of the Owner's contractors, agents, or representatives.
18) This Agreement is solely for the benefit of the City and the Owner,and this Agreement is not
intended to benefit any third party.
19) The election to enforce or not enforce any provision of this Agreement,as well as the timing
of enforcement,shall be at the City's sole discretion and shall not act as a waiver of any rights to
exercise any right relating to the Encroachment.
20) This Agreement shall incorporate and apply all immunities and limitations on liability
provided to municipalities within the Wisconsin Statutes,regardless of whether a claim is based
upon contract, tort, or other theory. The City does not waive such immunities and limitations
and shall be able to rely on them through this Agreement.
21) The Encroachment shall not constitute a property right and the City's permission therefore
shall not run with the land. This Agreement may be recorded for the purpose of providing notice
if it's limitations.
22) All parties signing below state that they have the authority to enter into this Agreement
without limitation or restriction.
23) The City's permission is personal to the Owner,and cannot be transferred or assigned to any
other person or entity,whether voluntarily or involuntarily. Permission for the Encroachment is
revoked immediately and without notice as of the time that any person or entity other than the
Owner identified in this document becomes a fee owner, whether in whole or in part, of the
Property. Any delay in the City's enforcement of this Agreement shall not adversely affect its
right to pursue compliance with the Owner. The City's permission is also immediately revoked
where the Property is transferred to an entity of which the Owner as defined above is the sole or
partial Owner of the entity.
SIGNATURE PAGE FOLLOWS
September 21, 2018 5
Dated: // /7 r/i
O ER
msr- ,
/ ( ' /4116
Donald F. olf r. ly L. Wolff
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this i f 7day of Mkt.t114212018,the above-named Donald F.Wolff,Jr.and Kelly L.
Wolff to me known to be the person who executed the foregoing document and knowledged the same.
otary Public,State of Wiscons n rt�Z ,,,,`,`��``011111,SE,,,,''�.,/,
My Commission expires: ()/ (�c' !J� Q\Pr1w--_-, l l,�
CITY OF OSHKOSH _ �'' "k/BL G '
By: ari �s And: `�( Di` W\sG
Ma A. Rohloff, City Manager Pamela R. Ubri , City Clerk
STATE OF'WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this lv day of kethi/,2018,the above-named Mark A.Rohloff,City Manager,and
Pamela R. Ubrig,City Clerk,of the City of Oshkosh,a municipal corporation,to me known to be the persons who executed the
foregoing instrument,and to me known to be such officers of said corporation,and acknowledged that th xecuted the foregoing
instrument as such officers as the deed of said corporation,by its author'
Notary i te f Wisconsin �L// w
MyCommission expires: iJ
September 21, 2018 6
•
CASEY'S MEADOW SOUTH
LO4-SW1/4,
•
SECTION 29CATED i18NINR16E, CITY OF OSHKOSHDWNNEBAG0THE NE14-SW14, AN IN THEICOUNTY, WISCONSIN,
BEING PART OF LOT 3 OF CERTIFIED SURVEY MAP NO. 4762 •
•
• WEST°WIER CORNER 0/SEC.29,MN.MU OD.RS1AI1 MOUNPLAREO_SAADI OWNED gr OAI�_RS
S64'01'OS1 CENTER.Uri SfC.19,116N.RIPE
2210.33' 31; xir7
•
▪ •illa•
Rw wE 9yal I w, 4
- 7„•' G I�O��'^ RIiIrVid K,t�w: M. IN BIKE
•
` '.. `''6 i ' S0.Otbit I 2,CV,,19$:.ammo j�o • �•• AY'-
_ l dE_n:� 18 tiY �'•
I , ,°VP'4.NRM4 ENa , . p 66 ,,' (g' m I.
Nw-sW n NE—sw 1 ,... ...., " EAmmy,. 12 x N,
acTw. ♦ ♦`� ulurc wwwr"tl __-N`,, _, p .,n �A g'- m�z _'1➢_
--�I 1Qr 1.QC���,t.a.yN/ w a{-_ .�y,P p:.- �' O• �'_�iT'__ k_�__ E
�,`LtM M?21R�E lilLD'➢.i 9t ii• QUTLOT 2 'I%�,,• 6'� •• ' tl 13 .. 51,..18
'4---- f�
`•` -�{.♦ol°M.'es 2.N P.s ♦` ``� -"',°cTM'c' �' �•'_�� {i�s� ▪ O `,Asawl , tby.'OZ.s' �' I LI
•
r 4RaA IV 6r . Nnm•R J ~I.
.---....may lJATkSfYMD_i•, PIEEAck,,0S'9R*1P 1HLR; SE 'Aauo NNAN.z IR��s 4�. �'
IN.Al 2SL4MQPFN�`` ari of,E69y,a4N %__4F�_ � - ."4.ur.m upwr 'iq$ 4! .A ��
-`I ` _.wx wa,6ns-Nourt0 n IK an IY PvaNN,-- ----- "-N945 92 t!'f"?
1\ 4LL«re nom NR N...'n m 5.9 � i:. „ '�Y Q./
^Fc OI♦.a.a611 u4ywli 4,4%,
`♦,....11
IEA wIon..war.' I' I`°`gym O�wEP.�c�,[�5, "X6?45163,Ed'' . '.'.1('l4 yTp}m�.,r
-`I 'I ,Is.'rmu rtymi jl. •It fGt O! • }? / '� . ' SR1d.w c./wn
I Is Cr Vas.W,iK IXLT/ItlI OEM{,. ,' PVII0 1 I• i..l N ISM
1 yN , X,1r �1' S.T, .i. '��,�ag1�5, p ovaoM n ms..a
0,7
I R TI[All¢1NIIT Ol.a ��>� /*N�'.,,9 �"+P�'/ .n!OSNUI Y awn . a-IN 200 00O 0Om
�I R L� {zi
II ' !M_PNpySCNY7F_Q1w�PJl DBSRS %�,IRDt
'� �� , I -. • .�• •'p' y I `I�Wm SURFACE E1EVAlo1s. Inr.t '
r----- S ,'_" .'', �;. w�! I`' .\�r,rcR CR(D( t1oa.nEDR�N[r
n OF SMR•EY(04-06-]W4)ERN.miss Day N
1T, 1 APPRO0AATC 1 SH YAm ET1V.�61a tea,
• ' I i ' p .'' ,PPRDx 111 ld rum¢Ey. 033 �.4�wo wtsn,c u.
II I 19 N MMN6f AEN.TDIµ' ,I EEVNIDNS REFEAENC0 TO NN.M1 E2R I tpvupytl n f':.o.
tt M.
I A``t,' r A. , ,966 I0 NLYNUM UP AT NWCVHL ap�fe
I , /y' 3,, , j NE CORNEA O'SOS CULVERT PIE(SECTION IMn uc p N 75
Ai I ''' I �I I-�1 .Q D1�(55 OF CM K ONO CINRVLEE ROAD,ELEV.7E0.71 � INfw s
N
•I % IY '-17 W ' •' % A F '. SOUM Own.OWNER Or SEC.ST.TISK RIPE
1 �r NIP;'31'M.' (S:� / _i1LlM[ .�)) OERNi3Di MOHINy[M FWROl1
•
n, �ry' T^ ' y •
�4vil=a.t.,f f'i �. .��` SE-SW ,+♦•OOMIH
y ;=ii� 'i• `.- 1 ♦ )� marl.MK%NE N•
I't .. 410�7Ea"/j.�_ , - __>..__ s I}aln aDE wrtw6 wmNY `♦• --R.IE�I MMLYN PK I 9
•
I,l //'�•• y•- I9xN a ALLOW M1 \`'-.i S4 \ �/ �f! :`{"..•+
/•'y11��. SW-SW _L % RfR /Ir-PT'tor.
/S�Opf. q 1 MRES '11'I- -
vwrKiiY �Sll r� , r6.R I IL��LOT I�?4.7
�5 M flIO*0 nFR 56044 OR =
L.L'_—J 3162 HAYW,U 0 AVENUE 801USTH 21 D COMPANY GRENMER µ0 ASSOCIATES,INC. SCALE: 1"_)00'
must Ave MAa.auN,ar I W.PANETTI
05HKOSH,WI 54904 OSHKOSH,WI 54901 93Y 50UR1 PIONEER ROAD
em ,wrR
Sons w • C161 �SEsm.)y .) SURE 300
LOCATION SKETCH
FOND DU LAC,WI 54935
-F: TMC 5/IITrILT51 OR4SRm OF OD PNfMOuStr RECORDED AS.
SECigN]S,TUN.RI6E rd. CK61N9 I'IA.NON PPE FOUND.
TANNER..000II(Y,NSCORSN • EITSiM NUT SUMTER ROINO NON ROD,MUSS OTNEIMSE NOILO. l.m.e.•rPl142T•I •'o,Yr
F ;I \� 117 bola.
0 SET 1-1 4 9.¢R 30'NON REIM RDO@NG 4.30 MAS./IRI.R. •
•DaR• LLa1. a311�.)w(t1w,
1 S,A9[R RED, ALL LOT CORNERS SET NRM 1•Lb.A 24•MON PEE ' s aN ...L4IETm
NN-SY
` c".tr-'0 -EA N P1�Z T . ,MOM AN0 PPE AS N01ED. � '�'
71011
,OV SASAVVI.EYfOp'sCM. NOTES �'y'w.:k�RAJ
- ALL ORIEN90N5 KUSINER AND SMOVP TO THE NEWEST NINOREOTM
Q M OF A FOOT. ALL ANGLES GUMMI/TO TM NEAREST SECOND,
PRAT {1 COMER
R6FRENCED TO THE NORTH M Or E SOIMNEST
SC-SYI OU [R OF SECTD4 29.N96LH MS IN BE,.._ OF S6r0 b5'E.
:1'•
..]OM„bA; V SCALE: PCzTi DIE CONSTRUCTION OF DU10005 FOR MN..NARITAr5N DR sic REVISED:DI-
' S,ALIATION OF SOIL N ON SORPO SYSTW5 ON THE WLOIS P T 12-1006
. 1'�1000' TN6 PUT 6 PRONSITED. ATE:10-1i-1003
SHEET I OF 3 SHEETS
5a'
M;- .
•
•
. .
..
.• .
Exhibit
LV 1 VL ! 1
I _ 325 /
N CO
•
Co00
ri
O 00
O r . .
v_
, ,
, ,
i �M
A,...,
L,`, (�A .,
1 ,
i� `1
1`ehf1
90.0 ' . ' I 0 :: � Q/ .�, 88.54'
,Y. G ; ', 143. '
---05 Atlip /
cor' LUG � .�/
SZ)
nco
��,9s �,\\ / O�
/ F ; ry.
\
''... •O.. •'. ,.LIN - \
,y,., \ ,`O
0 .,,,,...
. n .
(A 1 / \ / N
rv,� �; QJ ,i/r, , 1'"' 1 I�1fU 1 in =0.01 mi zr�,
1 in = 30ft
City of Oshkosh maps and data are intended to be used for general identification Cily�
purposes only,and the City of Oshkosh assumes no liability for the accuracy of the Printing pate: 7/18/2018 of
information.Those using the information are responsible for verifying accuracy.For Oshkosh
full disclaimer please go to wvW.ci.oshkosh.wi.us/GlSdisdaimer
Prepared by:City of Oshkosh,iM
J:\GIS\GIS_Base_Maps\Planning Base Map.m>
�\ 1 uc AA�-, I I. . -
Exhibit l,r.S:nnnt)