HomeMy WebLinkAboutStorm Water Easement Oshkosh Corporation 16-0847-0700 } 1111, l l i l l l l I 11111 l
Tx:4359329
Storm Water Easement Agreement 8 4 8 9 9 5 5
DOC# 1786073
NATALIE STROHMEYER
Document Number Document Title REGISTER OF DEEDS
WINNEBAGO COUNTY,WI
RECORDED ON:
THIS INDENTURE,made this n day of March,2019,by CITY 03/26/2019 12:36 PM
OF OSHKOSH (hereinafter"City"),Grantor,a municipal corporation, RECORDING FEE:
located in Winnebago County, Wisconsin,and OSHKOSH PAGES: 6
CORPORATION,a Wisconsin Corporation,Grantee,
WITNESSETH: 13L4L+ I
Recording Area I
1. PURPOSE: Thepurpose of this easement is to allow Oshkosh Name and City
Aeturn Address
C City Attorneys Office
Corporation to use the Easement Property described in this Agreement P.O.Box 1130
as part of its private storm water management system. Oshkosh Oshkosh,WI 54903-1130
Corporation will be constructing new storm sewer facilities located
within the Easement Property. The proposed construction consists 91608470700
of the installation of piping,discharge facilities and the connection Parcel Identirication Number (PIN)
of such piping and facilities to the City's stormwater pipe system
among the park ponds.
2. EASEMENT: City grants to Oshkosh Corporation, its successors and assigns and Oshkosh Corporation accepts,
an easement over under and through the Easement Property(as defined below)subject to the terms described in
this Easement Agreement.
3. CONSIDERATION:The sum of One and NO/100 Dollars($1.00)and other good and valuable consideration paid
by the Grantee,the receipt of which is hereby acknowledged.
4. EASEMENT PROPERTY: The property subject to this easement granted herein shall be over,under,and through
a certain parcel of land(`Easement Property")described as follows:
Part of a larger parcel within Section 15,Township 18 North,Range 16 East in the City of
Oshkosh,Winnebago County, Wisconsin,with the Easement Property specifically
described as:
See Attached Exhibit C
Street Address: Part of 0 Rath Lane
Parcel ID Number: 91608470200
5. ACCESS RIGHTS: The Grantor's larger overall property within which the Easement Property is located is used
as a community park. Grantee shall have the right to access and use the Easement Property for purposes related
to Grantee's storm water management system as identified in this Easement Agreement. Grantor shall be allowed
to access and use the surface of the Easement Property for public recreation and routine maintenance of the park
grounds,subject to the other terms and conditions set forth in this Easement Agreement.
6. USE FOR STORM WATER MANAGEMENT SYSTEM: The Grantee will use the easement for underground
piping and discharge facilities to connect an existing pond on Grantee's property to the piping system that equalizes
water levels among the existing ponds on Grantor's property. Except as stormwater may be contained within the
ponds located on Grantee's property(and therefore discharged into the existing ponds on Grantor's property),this
easement shall not grant any additional rights to discharge stormwater runoff from Grantee's Property onto the
Grantor's property. Grantee shall have the right to fully use the Easement Property for underground piping and
discharge facilities to connect an existing pond on Grantee's property to the piping system that equalizes water
levels among the existing ponds on Grantor's property for the purposes of maintaining water levels in the pond on
Grantee's property. The Grantee shall have the right to access, survey, lay, construct, use, operate, maintain,
repair, replace, relocate, and/or remove the pipe connecting to Grantor's pond piping system. A map of the
Easement Property is attached as Exhibit C. Grantee shall not make modifications to the piping located in the
1 •
C
Easement Property and/or otherwise reconfigure its private stormwater facilities from the approved plans so as to
cause increases in the volume or rate at which stormwater is discharged from Grantee's parcel into the stormwater
quality basin without written approval by the Grantor.
7. MAINTENANCE: Grantor shall be responsible for normal and routine maintenance and repair of the surface of
the Easement Property. Grantee shall be responsible for maintaining all of Grantee's piping and drainage facilities
on and within the Easement Property,including the maintenance,repair,and replacement of piping located under,
across and through the Easement Property and any connections made by Grantee to Grantor's manhole or other
stormwater facilities. Grantee shall repair any damage or sink holes that may develop within the Easement
Property as a result of Grantee's use of the Easement Property including erosion or other damages resulting from
Grantee's use of the Easement Property. Grantee's responsibilities shall include,but not be limited to,grading
or regrading and seeding grass;repair or replacement of landscaping to the extent the same have been disturbed
by the Grantee's use of the Easement Property.
8. GRANTOR'S RETAINED RIGHTS: Grantor,their agents, or assigns, shall not obstruct, impair, interfere with
and/or restrict in any way the Grantee's use of the Easement Property. Notwithstanding the foregoing, Grantor
specifically reserves the right to install,construct and maintain structures,improvements,or landscaping including
pavement,lighting and other associated uses and grass,within the Easement Property so long as those uses do not
obstruct, impair, interfere with and/or restrict in any way the operation of Grantee's stormwater facilities and
Grantee's other rights with respect to the Easement Property as set forth in this Agreement. Grantor may
temporarily obstruct or interfere with Grantee's use of the Easement property for the purposes of construction or
maintenance of Grantor's facilities upon reasonable notice to Grantee.
9. USE OF EASEMENT BY OTHERS: The Grantor agrees that the Grantee may temporarily assign the access
rights identified herein to any contractor, third party, or other assignee that will be performing work on the
Easement Property which the Grantee would otherwise be allowed to undertake. Grantee shall take reasonable
steps to ensure that the other party is sufficiently competent and gives adequate assurances that any work to be
performed in or around the Easement Property shall be conducted in a skillful manner, and that the Grantor's
interest in the Easement Property shall be protected to the same extent as if the Grantee was itself performing the
construction and maintenance.
10. DEFAULT: If either Grantor or Grantee 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 sixty (60) days to cure any actual breach. However, Grantee may immediately remove any
object or material which it believes materially interferes with the design,operation and/or performance of a storm
water management facility within the Easement Property.
11. TERM: This easement is being granted in perpetuity without regard to the Grantee's use of the easement 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 or breach under any of the terms or conditions of this Agreement shall be construed as a waiver of the
right or power. An explicit written waiver by one party of any obligations of the other party shall not be construed
to be a waiver of any other terms or conditions of this Agreement.
13. INVALIDITY: If any term,condition,or part of this Agreement shall be invalid or unenforceable,the remainder
of this Agreement shall not be affected and each remaining 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 their respective successors and assigns),and it is not the intention of either the Grantor or Grantee that other
parties shall acquire any rights,to enforce or benefit from,through this Agreement.
2
15. MUNICIPAL LIABILITY: Nothing in this Agreement is intended as a waiver of the municipality's right or
opportunity to rely upon 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 are incorporated into this
agreement and shall govern all disputes,contractual or otherwise,as they apply to the municipality and its agents,
officers,and employees.
Grantee has been notified and acknowledges that from time to time rain and other high water conditions have
resulted in water levels exceeding the banks of the park ponds by more than one(1)foot. It is expected that these
condition will reoccur in the future. Grantee accepts the property and easement as is. Grantor shall not be required
to take any action including but not limited to pumping or expanding the ponds to address these conditions.
16. 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.
17. NOTICES: Any notices required by 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:
City of Oshkosh
c/o Director of Public Works
P.O. Box 1130
Oshkosh,WI 54903-1130
FOR THE GRANTEE:
Oshkosh Corporation
do
2307 Oregon Street
Oshkosh,WI 54902
18. This Easement Agreement is the product of negotiation between the parties hereto and no term,
covenant or provision herein or the failure to include a term, covenant or provision shall be
construed against any party hereto solely on the basis that one party or the other drafted this
Agreement or any term, covenant or condition contained herein.
19. AUTHORITY: The Grantor affirms that all necessary boards and elected officials have approved this Easement
Agreement,and that the undersigned have the authority to sign this Agreement on behalf of the Grantor. Grantee
affirms that it has the authority without limitation to enter into 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 Grantee.
SIGNATURE PAGES FOLLOW
This instrument drafted by:
Attorney Lynn A. Lorenson
City Attorney
Oshkosh,WI 54903-1130
3
IN WITNESS WHEREOF,said Grantor and Grantee have hereunto set their hand and seal .
CITY OF OSHKOSH
By: l�—
Mark .Rohloff,City Manage
By: J
Pamela R.Ubrig,City Cler
U4eira
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this /9 day of March,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 ins ent and acknowledged the same,for
the purpose herein contained.
Publi St to of Wisconsin r
My Commission expires: LII p?� 14yV
AP OVED TO ORM:
.Lorenson, i Attorney
OSHKOSH CORP RATION
By:
Na e: ,ry Au l;V
Title: V{sec 5q-Ce1X I ruc
STATE OF Cd/ IJ6nJ )
)ss.
r,wauu6-bA-D COUNTY )
Personally came before me this /( day of March,2019,the above named :J Fl-c)N 1 ( /1.11/._,to me known to be
such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained.
4Nota Public,State of Wi U..9
My Commission expires: 04. a-!� 0//
4
EXHIBIT C
20' STORM SEWER EASEMENT
Part of Lot 1 of Certified Survey Map No. 7312, being a part of the Fractional Northwest 1/4 of Section 15,
Town 18 North, Range 16 East, in the City of Oshkosh, Winnebago County, Wisconsin, bounded and
described as follows:
Commencing at the most Westerly corner of Lot 2 of said Certified Survey Map; thence South 28°28'07" East
along the Westerly line of said Lot 1304.29 feet to the Southerly corner of said Lot; thence North 61°36'01"
East along the Southerly line of said Lot 353.21 feet to the Southeast corner of said Lot; thence North
01°13'58" East along the Easterly line of said Lot 113.59 feet to the point of beginning of lands to be
described; thence continuing North 01°13'58" East along said Easterly line 20.41 feet to a point; thence South
77°14'58" East 13.50 feet to a point; thence South 12°45'02" West 20.00 feet to a point; thence North
77°14'58" West 9.43 feet to the point of beginning.
Said land contains 229 square feet.
September 27, 2018 Oshkosh Corp Drawing No. 167331-RMK
P.O.C.
MOST
CORNEWE R LOTR2Y S,7'14 58 e
CSM 7312 13.50'
w 3
LOT 2 00'
CSM 7312 in d o C.
ro u, 0
c
O * 0
N N
LOT 1
CSM 7312 �.) P.O.B. 77'1 58»W
�� w 9.43'
O LOT 1
In N CSM 7312
� rri
*rD
•
6 0�
�
GRAPHIC SCALE �
0 25 50 • 16745 W.Bluomound Road
raSmith Brookfield,WI 53005-5938
(262)781.1000
( IN FEET) CREATIVITY BEYOND ENGINEERING rasmith.com
SHEET 1 OF 1
S:`.5167331\dwg\ EX301A50.dwg\STORM SEWER ESMT C
.......,, • .
,, ,„ . ,Ipp,--, , isir . ..„. -41
iiiiip
..........s.,.„„, ,., ,.., .. ,
' ...:::;,' ,,,..,:" :, : ,/ ' 4---.1 I!Pr,e\\\ .,,..
oft, .,,,, ,,,,,,..,,,7..::5,,,,,,,.,..
,-y.fe9;,,
•
A ,
`` . , M:- , A PROPOSED EASEMENT AREAS
i \ A-STORM SEWER EASEMENT FROM CITY
TO OSHKOSH CORP FOR CORP'S STORM
,�, .. A . : ♦ \ A ��+ SEWER OUTFALL TO LAKE.
.. \ B-STORM SEWER EASEMENT FROM CITY
TO OSHKOSH CORP FOR CORP'S STORM
=f '. .
SEWER OUTFALL TO CITY'S SYSTEM-
WATER QUALITY STORM WATER BASIN.
a,
" > t , C-STORM SEWER EASEMENT FROM CITY
7 _ TO OSHKOSH CORP FOR CORP'S POND
TO CITY'S SYSTEM-PARK PONDS
EQUALIZATION PIPE SYSTEM.
.� 1 in=0.04mi
a A 1 in=200 ft '
N.* C 0 100 200
ti e
t ft Oshkosh
+ '+ �_ -k `� Printing Date:3/7/2019
,,- .' a Prepared by:City of Oshkosh,WI
a .& Oty of Oshkosh maps and GIS data are intended to be used for reference
' purposes only.The maps and GIS Data are not intended to be used to
...,w r
independently verify information identified.
- are
'• k _ White the City attempts to mantair comptete and a curate maps these maps and
.:t/ data are pnmarity complabons of jetormadon provided by vanous sources.
Therefore,edan in through
wewing o these roes is expectedasDiggers
verify the information they
' k. •' � ,�.'`'. are interested in Mrough other sources such as Diggers Hotine,other public
' r, Y ` . maps.official and unofiaal land records field surveys and inspections,and other
_ t x records held by property owners and property uses.
it - - r ,•, \_�• s I . '' , Persons using Cdy maps andlor data do so at their own risk.Property owners are
xy: soltly respor'.sibte for underground facilities and al other features related to theit
a6 :, property.
The Cry of Oshkosh shal not be responsiNe for any probhJns or damages
resulting from the use of City maps amdlor data.Persons believing that City maps
;, a a V andlo contain inaccuracies or incomplete!nfomratior,are requested to bring Mere
'; ir r sues to the City's attention.
•,eMar.mxd User.krisl