HomeMy WebLinkAboutStorm Water Easement Oshkosh Corporation 16-0847-0700 Doc # 1786071 •
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Storm Water Easement Agreement DOC# 1786071
NATALIE STROHMEYER
Document Number Document Title REGISTER OF DEEDS
WINNEBAGO COUNTY,WI
RECORDED ON:
THIS INDENTURE,made this 13th day of March,2019, 03/26/2019 12:36 PM
by CITY OF OSHKOSH(hereinafter"City"),Grantor,a municipal RECORDING FEE:
corporation, located in Winnebago County, Wisconsin,and PAGES: 6
OSHKOSH CORPORATION,a Wisconsin Corporation,Grantee. 1, `
WITNESSETH: 121
"4`'1 UO
Recording Area
1. PURPOSE: The purpose of this easement is to allow Oshkosh Name and Return Address
Corporation to use the Easement Property described in this City Attorneys Office
� p m' P.O.Box 1130
Agreement as part of its private storm water management system. Oshkosh,WI 54903-1130
Oshkosh Corporation will be constructing a new storm sewer outfall03A-.12/4/9 e....
located within the Easement Property. The proposed size of the 91608470700
outfall is approximately forty three inches by sixty eight inches Parcel Identification Number (PIN)
(43"x 68"). The easement includes the storm sewer and outfall
structure and grate as well as riprap beyond the end of the outfall,over the shoreline and into the Lake Butte
des Morts lakebed,as permitted by the Department of Natural resources.
2. EASEMENT:City grants to Oshkosh Corporation,its successors and assigns,,and Oshkosh Corporation accepts,
an easement over, under, across 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,across 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 A
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 and is proposed for development of a Riverwalk trail system including landscaping,
pavement,lighting and other associated uses. Grantee shall have the right to access and use the Easement Property
for all purposes related to Grantee's storm water management system. Grantor shall be allowed to access and use
the surface of the Easement Property for trail purposes, including: landscaping, pavement, lighting, grass and
riprap along the shoreline and other associated uses; subject, in each case,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 an underground
storm sewer and outfall structure, with appurtenances including the installation of riprap beyond the end of the
outfall structure and along the shore and lakebed. Grantee shall have the right to fully use the Easement Property
for these purposes as part of its storm water management system. The Grantee shall have the right to access,
survey,lay,construct,use,operate, inspect,maintain,repair,replace,relocate,and/or remove storm water sewers
and/or storm water drainage facilities. Due to the Easement Property's proximity and relationship to Lake Butte
des Morts, Grantee shall be responsible for obtaining all necessary approvals from the Wisconsin Department of
Natural Resources for Grantee's construction and operation of its storm water facilities. A map of the Easement
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Property is attached as a part of Exhibit A.
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 storm water drainage facilities on and
within the Easement Property, including the maintenance, repair, and replacement of all storm water facilities
located over,under, across and through the Easement Property;. Grantee's responsibilities include: grading with
installation of sufficient cover over the pipe to sustain a healthy grass cover and seeding grass; installation and
replacement of riprap as necessary; repair or replacement (to their original condition or better) of landscaping,
asphalt(or other trail surface)and/or lighting facilities within the Easement Property to the extent the same have
been disturbed by the Grantee's use of the Easement Property. Grantee shall be responsible for making appropriate
repairs to prevent water from seeping from the pipe and repairing any sinkholes that may develop from defects in
the construction or maintenance of the pipe, failure to adequately cover the pipe, pipe failure, or other reasons.
Grantee shall be responsible for removing any and all debris caught by the trash guard or riprap on the Easement
Property, at least monthly. Grantee shall also regrade and/or repair erosion or other damages at and beyond the
shoreline resulting from Grantee's use of the Easement Property.
8. INTERFERENCE WITH EASEMENT: 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,or install or construct any new structures or
improvements, or landscaping other than Riverwalk trail including landscaping, pavement, lighting and other
associated uses and grass, within the Easement Property without consent of Grantee. Notwithstanding the
foregoing,Grantor shall be permitted to use the Easement Property and may restrict Grantee's use of the Easement
Property for construction or maintenance activities permitted under this easement upon reasonable notice to
Grantee. Grantee shall notify and receive approval from Grantor for any removal of pavement, lighting,
landscaping, trees, or shrubs from the Easement Property; provided, however in emergency situations Grantee
shall use reasonable efforts to notify Grantor,but shall not be required to obtain such approval(s)from Grantor,if
such actions are necessary to protect property or safety. However, Grantee is not prohibited from performing
improvements and/or reconstruction provided such efforts do not adversely affect Grantor's Riverwalk trail or
other park facilities and provided such efforts are approved by all local, state and federal governmental entities
with jurisdiction over the shoreline improvements and/or reconstruction. The Grantor shall take reasonable steps
to prevent third parties from interfering in any way with the Grantee's use of the Easement Property.
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.
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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.
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.
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
do Director of Public Works
P.O. Box 1130
Oshkosh, WI 54903-1130
FOR THE GRANTEE:
Oshkosh Corporation
c/o
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
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IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal.
CITY OF OSHKOSH
By: ry
Mar t A.Rohloff, City Manage
By. (-)C? 0)--17-\
Pamela R.Ubrig,City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this /1 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 instrument and acknowledged the same,for
the purpose herein contained.
�_ pus4atate of Wisco sin
My Commission expires: ,j((i � 26ZC)
APP OVED AS TO FORM:
.Lorenson, ttorney
OSHKOSH 70RATION
By:
Nam : �'9.So'► (ic.k•1
Title: k/p o-P $4-P 1/ / Fac,./, rip)
STATE OF 1"Isaa,is/KI )
)ss.
(,ujij& -b & COUNTY )
Personally came before me this I I day of March,2019,the above named As DO S. {d /NK ,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 GO Goes/til
My Commission expires: p be4f o`-1)l
This instrument drafted by:
Attorney Lynn A.Lorenson
City Attorney
Oshkosh, WI 54903-1130
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EXHIBIT A
30' 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:
Beginning at the most Westerly corner of Lot 2 of said Certified Survey Map; thence North 44°32'30" West
99.08 feet to the shore of Lake Butte Des Morts; thence North 45°30'20" East along said shore 30.00 feet to a
point; thence South 44°32'30" East 99.77 feet to a point in the Northerly line of said Lot 2; thence South
46°49'29" West 30.00 feet to the point of beginning.
Said land contains 2,983 square feet.
September 27, 2018 Oshkosh Corp Drawing No. 167331-RMK
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MOST WESTERLY LOT 2
CORNER LOT 2 CSM 7312
LOT 1 CSM 7312
CSM 7312
GRAPHIC SCALE
0 30 60 • 16745 W.Bluemound Rood
raSmith Brookfield,WI 53005-5938
(262)781.1000
(IN FEET) CREATIVITY BEYOND ENGINEERING rasmith.com
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PROPOSED EASEMENT AREAS
/ %� \ _ A-STORM SEWER EASEMENT FROM CITY
\ ` TO OSHKOSH CORP FOR CORP'S STORM
' •I. ` 1 �� SEWER OUTFALL TO LAKE.
B-STORM SEWER EASEMENT FROM CITY
• \\ , • ' TO OSHKOSH CORP FOR CORP'S STORM
-4 SEWER OUTFALL TO CITY'S SYSTEM-
_.. t.' WATER QUALITY STORMWATER BASIN.
\\ . .
r C-STORM SEWER EASEMENT FROM CITY
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- . TO OSHKOSH CORP FOR CORP'S POND
,- TO CITY'S SYSTEM-PARK PONDS
' B EQUALIZATION PIPE SYSTEM.
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1 in=0.04mi
six ) /, " ,t(=� . A 1 in=200 ft
' ice` `j 'M $ 0 00 200
' ft Oshkosh
. +. �, - _ =� � ` ` Printing Date:3/7/2019
,e._' Prepared by: City of Oshkosh.WI
, -e� ^tt . . .s , City of Oshkosh maps and GIS data are intended to be used for reference
It purposes only.The maps and GIS Data are not intended to be used to
,D•q,
,r- . `,.«- independerNy verify information identfed.
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. � + While the City attempts to mantain cornple�and accurate maps.these maps and
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sv°.- pia-n.. i data are pnrnardy compilations of information provided by various sources.
:.' „itc0;640-ii i -i.:"....iit„ ' £ • Therefore.anyone v�ea:ng these maps is expected to verify the information they
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�//00 '.ra '' ; ,.k are interested in through other sources such as Diggers Fbtfne.other public
v k. �,.,, •� maps.ofiaal and unotfiaal land records,field surveys and inspections,and other
` c records held by property owners and.mr property users.
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Persons using City maps andior data do so at their own risk.Property owners are
1, - k ' solely responsible for underground facikties and aA other features related to their
prom
4? The City of Oshkosh shall not be responsible for any probh..ms or damages
ti C results from the use of City m
',: 9 Y maps andbr data Persons believ!ng that City maps
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. :„ q ` andlor contain inaccuracies or incomplete information are requested to bring these
.......diiiiiiiippl ' li-,:7..i.
: 1 l issues to the City s attention.
User.kris)