HomeMy WebLinkAboutStorm Water Easement Oshkosh Corporation 16-0847-0700 Doc # 1786072 Ill II II II IU liIll!
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Storm Water Easement Agreement DOC# 1786072
NATALIE STROHMEYER
Document Number Document Title REGISTER OF DEEDS
WINNEBAGO COUNTY,WI
RECORDED ON:
THIS INDENTURE,made this `Ci 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: 1 H
Recording Area
1. PURPOSE: The purpose of this easement is to allow Oshkosh Name and Return Address
City Attorney's 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 storm sewer piping,drainage facilities and Parcel Identification Number (PIN)
outfall structures from Oshkosh Corporation private storm sewer
system to the City's stormwater quality treatment basin.
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,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 B
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 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 public recreation and routine maintenance of the park grounds, and the construction and
maintenance of stormwater management facilities 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 drainage facilities to connect Grantee's private stormwater facilities to the stormwater quality basin
that is located in the City of Oshkosh community park. Grantee shall have the right to fully use the Easement
Property for the purposes of discharging the necessary volume of runoff from Grantee's property to meet the level
of water quality treatment required by the performance requirements established by the Wisconsin Department of
Natural Resources and City Municipal Code Chapter 14 as of the date of this Easement. Grantee shall not make
modifications to the piping located in the 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.The Grantee shall
have the right to access, survey, lay, construct, use, operate, inspect, maintain, repair, replace, relocate, and/or
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remove the pipe and drainage facilities connecting to the City stormwater quality basin. A map of the Easement
Property is attached as Exhibit B.
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 and riprap
located over,under, across and through the Easement Property. 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.
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.
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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
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
This instrument drafted by:
Attorney Lynn A. Lorenson
City Attorney
Oshkosh, WI 54903-1130
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IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal.
CITY OF OSHKOSH
By:
Mark . Rohloff, City Manager
By:
Pamela R. rig,City Clerk
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY ) ll
Personally came before me this l 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.
ary Public Cite of Wisconsin
My Commissio expires: JJ .j 2q/ )ozf)
APP VED AS TO FO .
. Lorenson, Ci orney
OSHKOSH CO 7TI N
By:
Name: 39$'i /14 ,/SIC
Title: VP of 1f j Pict'/t tt 4rS
STATE OF tr SCux.15/1J )
)ss.
to/uuf:-M* COUNTY )
Personally came before me this /i day of March,2019,the above named-146,W Z. /d,¢((L.1/L,to me known to be
such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained.
(Y;Ate_.2-k.
Notary Public, State�iviSGON(/k..)
My Commission expires: b64.1416FK-cl do/7
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EXHIBIT B
25' 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 402.48 feet to the point of beginning of lands to be described; thence
continuing South 28°28'07" East along said Westerly line 25.00 feet to a point; thence South 61°17'27" West
44.92 feet to a point; thence North 28°28'07" West 25.00 feet to a point; thence North 61°17'27" East 44.92
feet to the point of beginning.
Said land contains 1,123 square feet.
September 27, 2018 Oshkosh Corp Drawing No. 167331-RMK
•
•
/ •
P.O.C.
l J •' MOST WESTERLY
CORNER LOT 2
P�v./ CSM 7312
•
/•
/• LOT 2
CSM 7312
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CSM 7312 p.
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GRAPHIC SCALE
0 50 100 • 16745 W.Bluemound Road
IMMII raSmith Brookfield,WI 53005-5938
(262)781-1000
(IN FEET) CREATIVITY BEYOND ENGINEERING rasmith.com
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A\ , PROPOSED EASEMENT AREAS
A-STORM SEWER EASEMENT FROM CITY
• 1 ` , TO OSHKOSH CORP FOR CORPS STORM
.�, ♦ \\ 1 * ' , ' SEWER OUTFALL TO LAKE.
B-STORM SEWER EASEMENT FROM CITY
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WATER QUALITY STORMWATER BASIN.
' = C-STORM SEWER EASEMENT FROM CITY
�/- f TO OSHKOSH CORP FOR CORPS POND
TO CITY'S SYSTEM-PARK PONDS
B _. *:, EQUALIZATION PIPE SYSTEM.
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'„ r Prepared by: City of Oshkosh,WI
R -0 e s Cry of Oshkosh maps and GIS data are intended to be used for reference
proposes Doty.The maps an-0 GIS Data are not intend to be used to
" independently verity information identfed.
„` '0. ' Gtale the City attempts to mantarn complete and accurate maps.these maps and
s ,� r•- data are primarily complatons of information provided by vanous sources.
.iivIlv ' r Therefore anyone v:e.w rig these maps is expected to verify the infomat n they
�// x:' ` i are interested in through other sources such as Diggers Koine.other public
maps.ofida and unofficial land records,field surveys and inspections,and other
'" �, ��..r°_ _ _,, recoils held 6Y property owners andlo property users.
s .` Persons using City naps andior data do so at their own risk.Property owners art
it a • solely responsible for underground faclfdies and all other features related to their
�. ; sr"' pros,
The City of Oshkosh shal not he responsible for any problems o damages
it c ,,., , s. ' resulting from the use of City maps andlor data.Persons believing that City maps
andlor contain inacafacies or incomplete intonation are requested to bring these
issues to the City's attention.
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