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Home My WebLink AboutTemporary Cul-de-sac easement Mockingbird Way . , 1 III !IIIIII I! Tx:437934d TEMPORARY CUL-DE-SAC EASEMENT Recording Area DOC# 1793586 (MOCKINGBIRD WAY) NATALIE STROHMEYER Document Number Document Name REGISTER OF DEEDS WINNEBAGO COUNTY, WI r`a RECORDED ON: THIS INDENTURE, made this II. day of February, 2019, 07/11/2019 10:20 AM by Thomas N. Rusch, by his Power of Attorney, Rebecca G. RECORDING FEE: Wesenberg, ("Grantor," whether one or more), and CITY OF PAGES: 4 OSHKOSH,a Wisconsin Municipal Corporation("Grantee," whether one or more). WITNESSETH: - IN CONSIDERATION of the sum of One Dollar ($1.00) and Name and Return Address other good and valuable consideration paid the Grantee, the receipt of Lynn Lorensen,Esq. cob- which is hereby acknowledged,the Grantor does hereby give and grant City Attorney's Office 4 unto the Grantee, its successors and assigns, a temporary public Oshkosh,WI 54903-1130 0 easement of a 50 foot radius in, under and over the land hereinafter 913-3600-01-03 and 002-0349 described: = Parcel Identification Number(PIN) 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 105 OF FOURTH ADDITION TO CASEY'S MEADOW SOUTH; THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 50.00 a FEET,WHOSE CHORD BEARS N70°34'59"W 94.87 FEET; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE SOUTHEASTERLY,HAVING A RADIUS OF 50.00 FEET, WHOSE CHORD BEARS N72°32'49"E 94.87 FEET TO THE NORTH RIGHT-OF-WAY LINE OF MOCKINGBIRD WAY; THENCE SOO°58'55"W 60.00 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT. THE CENTER OF THE CURVE FOR THE EASEMENT IS LOCATED N52°08' 53"W 50.00 FEET FROM THE NORTHWEST CORNER OF LOT 105 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. Mockingbird 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 C.4 r , Mockingbird Way 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 Mockingbird Way right-of-way to be dedicated as part of the Fourth Addition to Casey's Meadow South to allow the public using Mockingbird 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 MOCKINGBIRD WAY IS EXTENDED WEST. 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 Mockingbird 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. THOMAS N. RUSCH By: 041.4 eRebeccaesenberg,Po r f A ey for Thomas N. Rusch STATE OF WISCONSIN ) SS WINNEBAGO COUNTY ) Personally came before me on this ??re day of February, 2019,the above named Rebecca G. Wesenberg,to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, State of Wisconsin A� o My Commission: F'c^trPs• 3/27/20 cn ; — �s &BLIC CITY OF OSHKOSH ame a R. lbrig, City Cl k Mark ohloff, City Manager APPROVED: rensen, rney STATE OF WISCONSIN ) SS WINNEBAGO COUNTY ) Personally came before me on this j(1 day of February. 2019,the above named Mark Rohloff and Pamela R. lbri, o me known to be the persons who executed the foregoing instrument and acknowledged the same. ary Publi , t to of Wisconsin My Commission: ju i9 0(.11),U�(� 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