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Home My WebLink AboutTemporary Cul-de-sac easement Wyatt Way I 1111 IUhiIIIIfl III • Ix:4:i/9i4U TEMPORARY CUL-DE-SAC EASEMENT Recording Area DOC# 1793585 (WYATT WAY) NATALIE STROHMEYER Document Number Document Name REGISTER OF DEEDS WINNEBAGO COUNTY, WI RECORDED ON: (,e 07/11/2019 10:20 AM THIS INDENTURE, made this ZZ day of February, 2019, RECORDING FEE: by CASEY'S MEADOW, LLC, a Wisconsin Limited Liability PAGES: 4 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," 1 whether one or more). WITNESSETH: 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 Cl' which is hereby acknowledged,the Grantor does hereby give and grant Oshkosh,WI 54903-1130 og 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) = s, described: EASEMENT PROPERTY: The Easement Property is situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: 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 NO. 3944. The easement is more particularly described as follows: BEGINNING AT THE NORTHWEST CORNER OF LOT 94 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 BARS N13°01'14"W 60.00 FEET; THENCE N76°58'46"E 12.99 FEET TO THE SOUTHWEST CORNER OF LOT 95 OF FOURTH ADDITION TO CASEY'S MEADOW SOUTH; THENCE SOO°48'05"E 61.39 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT. THE CENTER OF THE CURVE FOR THE EASEMENT IS LOCATED N66°09' 02"W 50.00 FEET FROM THE NORTHWEST CORNER OF LOT 94 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. 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 c Li ' • 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 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. 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 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. ' • INTERPRETATION/VENUE: 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 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. 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 for any public purpose whatsoever. Executed by the Parties on the date of this Agreement. CASEY'S MEADOW,LLC /4r Chet A. esenberg, THOMAS N. RUSCH J2t / p.GA Rebecca G. Wesenberg, P• -' of Attorney for Thomas N. Rusch I • STATE OF WISCONSIN ) SS WINNEBAGO COUNTY ) Personally came before me on this 2 2n d 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. •.'s" J 1s'MRgl y a 01 A R Y No ary ublic, State of Wisconsin My Commission: ExnirPs: 3/27/20 >9TF OF W;SGpc'; iiiii CITY OF OSHKOSH ‘J,'2,11/t/-Q Pamela R. lbri g , City Cl rk Mark_ ohloff, City Manager APPROVED: Ly o ensen, ey STATE OF WISCONSIN ) SS WINNEBAGO COUNTY ) Personally came before me on this / day of February. 2019,the above named Mark Rohloff andparneia R. Ubrig to me known to be the persons who executed the foregoing instrument and acknowledged the same. ary I'ubli e of Wisconsin ��l My Commission: ,J ?d 7,6 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