HomeMy WebLinkAboutRelease of Utility Rights in Discontinued ROW W. 5th Ave b/t Oregon & Nebraska II 11111 UIIIUIIII III
RELEASE OF UTILITY RIGHTS 8 Tx?4383092 9
IN DISCONTINUED RIGHT OF WAY DOC# 1794971
NATALIE STROHMEYER
Document Number Document Title REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
07/30/2019 09:58 AM
RECORDING FEE:
The CITY OF OSHKOSH,215 Church Avenue,Oshkosh, PAGES: 5
Wisconsin 54901, a Wisconsin municipal corporation(CITY)herein
takes the following action regarding its interests in certain real property 13F5C5 —
as identified below: Recording Area
Name and Return Address 6
efi
1. The Oshkosh Common Council approved a Resolution on City Attorneys Office
pp PO Box 1130 O^��
December 15, 1988,which had the intended purpose and effect Oshkosh,WI 54903-1130
of vacating the following rights-of-way:
90300010100,90300020000
90300020100
West 5d'Avenue Between Oregon St. &Nebraska St. Parcel Identification Number (PIN)
A part of W. 5th Ave. in the Original Plat,adjacent to Blocks 1 and 3,from the
east right-of-way line of Oregon St.to the west right-of-way line of Nebraska
Street,3rd Ward,City of Oshkosh,Winnebago County,Wisconsin.
2. The Resolution approved on December 15, 1988, included a provision in the street vacation terms
stating that the City of Oshkosh reserves"the right to maintain,service,repair,add or replace all
sanitary sewer,storm sewer,water and gas mains and fittings in said vacated street",pursuant to
statutory provisions. The City thereby reserved and retained a statutory perpetual easement for the
City's public utilities within the vacated right-of-way.
3. A copy of the December 15, 1988 Resolution is attached and incorporated herein as Exhibit A.
The Resolution was filed with the land records of the Winnebago County Register of Deeds on
December 21, 1988 as Document Number 714506.
4. Releasing the City's statutory easements within the vacated right-of-way would clear certain
encumbrances upon the title to the property,as well as assisting in the redevelopment of the
property that hasn't already been redeveloped. The City has agreed to release its statutory utility
easements because the areas to be released are not currently used nor expected to be used in the
future for the location, operation,or maintenance of City-owned utilities and facilities.
5. The City agrees to release all of its right,title,and interest in the statutory easements that are
described in paragraph 1. This Release does not affect any other easement,agreement,property
right,or encumbrance.
6. The City abandons any and all of its City utilities and facilities that remain within the statutory
easement that is being released. The City relinquishes all right,title,and interest in the abandoned
utilities and facilities. The property owner may use or remove any remaining utilities or facilities
that have been abandoned,or undertake any other lawful action within the vacated rights-of-way,
all at property owner's own risk.
April 22, 2019
C'
7. The City considers it a material consideration in agreeing to release its interests in the statutory
easements that the City shall not have any further liabilities,responsibilities,or financial
obligations for the condition of the vacated rights-of-way or statutory easements, including
abandoned utilities or any other conditions of the property.
),; ii
CITY OF OSHKOSH
By: ------‘(` r4 By
-:--- 41-)A._.0.1..CC - . .
Mark A. Rohloff,City Manager Pamela R.Ubrig,City ierk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this a,3 day of ,./ , 2019,the above named Mark A. Rohloff and
Pamela R.Ubrig of the City of Oshkosh,to me known to be ilich persons who executed the foregoing instrument and
acknowledged the same,for the purpose herein contained.
. 47‘t)j
Public, Sta�eof Wisconsip� �y!d D�,
•
My Commissio xp ires: �. y
Drafted by:
David J.Praska,Deputy City Attorney
Oshkosh,Wisconsin
April 22, 2019
DECEMBER 15, 1988 407 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN
PURPOSE: FINAL RESOLUTION VACATING PORTION OF
WEST 5TH AVENUE
•
INITIATED BY: THOMAS J. MCGUIRE, PETITIONER •
PLAN COMMISSION RECOMMENDATION: Approved 9-0
WHEREAS, pursuant to Section 66.296 (2) of Wisconsin Statutes, the
Common Council has heretofore initiated proceedings on November 3,
1988 at a regular meeting of the Common Council to vacate and
discontinue the following described portion of West 5th Avenue:
WEST 5TH AVENUE BETWEEN OREGON ST. & NEBRASKA ST.
A part of W. 5th Ave. in the Original Plat, adjacent to Blocks 1
and 3, from the east right-of-way line of Oregon St. to the west
;right-of—way line of Nebraska Street, 3rd Ward, City of Oshkosh,
Winnebago County, Wisconsin.
WHEREAS, a public hearing on the passage of such resolution has
been set by the Common Council, which hearing was set for 7:00 PM in
the Council Chambers of the City Hall, Oshkosh, Wisconsin, on the
15th day of December, 1988, and written notice of such meeting was
duly served on the owners of all of the frontage of the lots and
lands abutting upon that portion thereof sought to be discontinued as
provided by law; and
WHEREAS, a public hearing was duly held pursuant to said notice at
the time and place therefore affixed and all persons so served and
interested were then and there given an opportunity to be heard; and
WHEREAS, a proper notice of the pendency of said petition for
vacation and discontinuance and map covering the proposed vacation was
duly filed in the Office of the Register of Deeds for Winnebago
County, as required by the Wisconsin Statutes; and
WHEREAS, the lots and lands abutting on said street affected by
this resolution are all in the 3rd Ward, city of Oshkosh, the
description of said street heretofore set out in this Resolution.
- 1 -
Exhibit
•
•
DECEMBER 15 1988 11407 RESOLUTION f•cont'd)
•
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Oshkosh that it is hereby declared that since public interest
requires it, the following described street in the 3rd Ward, City
of Oshkosh, Winnebago County, Wisconsin, is hereby vacated and
discontinued, reserving unto the City of Oshkosh the right to
maintain, service, repair, add or replace all sanitary sewer, storm
sewer, water and gas mains and fittings in said vacated street:
WEST 5TH AVENUE BETWEEN OREGON ST. & NEBRASKA ST.
A part of W. 5th 'Ave. in the Original Plat, adjacent to Blocks 1
and 3,. from the east right-of-way line of Oregon St. to the west
right-of-=way line of Nebraska Street, 3rd Ward, City of Oshkosh,
Winnebago County, Wisconsin.
'BE IT FURTHER RESOLVED that the City Clerk record a certified copy
of this Resolution accompanied with a map showing the location of said
vacated street in the Office of the Register of Deeds for Winnebago `
County.
STATE OF WISCONSIN )
COUNTY OF WINNEBAGO ) SS
CITY OF OSHKOSH )
I, Donna C. 5eri':as, Clerk for the City of Oshkosh, Winnebago County,
Wisconsin, do hereby certify that the annexed resolution is a true and
correct copy of the original on file in my office, adopted by the Common
.
Council of the City of Oshkosh, Wisconsin, at a regular meeting held on
December 15, 1988.
Witness my hand and the Corporation seal of the City of Oshkosh,
Wisconsin, this 19th day of December, 1988. `.
),J•
ity C elk of the ,thek)..}
Zit o Oshkosh
Winnebago County;�9i•i scons i n
- 2 —
Exhibit OF-
' 14505 J/
FILE
;,. t
•
. . L
...
. _
E, 11TH. AVE_ W.11TH. AVE
i 1!1 _E. 10TH. ' 3 I1_ q—
AVE.9 W 1orH. AVE
( . . .-er--
( .
x
1 c_9TH. av E, w9T1i AVE.• .
b 1 S
4
• E
OH i f y �.eTH. AVE, wpT7�. AVE. I(�
i r.Ni u �„T UI
•Jj
re
E.7TH. AVE:, W.7TH. m AVE "�� '
r°ri Di/L
�I
x OQ C
} w.6TH. AvE
Cr. 54-- -... "II .
=... i
• Res Office [
= Winnebago Courtly,W s. R -
f..,s. Recei R This `�FR
• Pal r
in
Filed In Vol„_JSc ;;(} •
Y— f_ `. _
t On Paw. „
•C •
am' Sr.J C�-7
y Register Of DeedsEg
C
B
cg,,„ - c.. f,.- c/P '
7 --- •