HomeMy WebLinkAbout01. 19-472 REVISED
AUGUST 27, 2019 19-472 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE FINAL RESOLUTION VACATING RATH LANE EAST
OF NORTH KOELLER STREET
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common
Council has heretofore initiated proceedings on July 9, 2019 at a regular meeting of the
Common Council to vacate Rath Lane east of North Koeller Street,in the City of Oshkosh,
with the total right-of-way being vacated described through three separate metes and
bounds descriptions comprising the entire right-of-way being vacated in"Exhibit A";and
WHEREAS, a public hearing on the passage of such resolution has been set by the
Common Council, which hearing was set for 6:00 PM in the Council Chambers of the City
Hall, Oshkosh, Wisconsin, on the 27th day of August, 2019 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, the lots and lands abutting that portion of said street or alley within
said City affected by this resolution are in the 161h Ward, City of Oshkosh, the description
of said street or alley heretofore set out in this Resolution.
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, that the street
and/or alley known as Rath Lane as described in "Exhibit A" in the 161h Ward, City of
Oshkosh, Winnebago County, Wisconsin, is hereby vacated and discontinued;
REVISED
AUGUST 27, 2019 19-472 RESOLUTION
CONT'D
BE IT FURTHER RESOLVED that based on records currently in possession of the
City of Oshkosh, for property tax purposes the City will treat the reversion of title for the
property formerly part of the Rath Lane right-of-way identified as Parcels "A", "B", and
"C" in Exhibits A and B, as being annexed to three (3) surrounding parcels based on the
requirements of Section 66.1005(1), Wisconsin Statutes, and as described and identified
in Exhibit B, attached hereto;
BE IT FURTHER RESOLVED that the City of Oshkosh approves this right-of-way
vacation upon the condition of reserving unto the City of Oshkosh, and any public utility
affected by this Resolution, a statutory easement giving it the right to maintain, service,
repair, add, replace, or install in the future, sanitary sewer, storm sewer, water main and
other utility facilities in said vacated streets or alley, all as allowed by Section 66.1005(2),
Wisconsin Statutes, with such easements further subject to the restriction that no
improvements are allowed within the reserved area, including but not limited to,
building structures, driveways,parking areas,landscaping or fences. Any improvements
shall be allowed only by special exception of the Board of Public Works;
BE IT FURTHER RESOLVED that the City Clerk record a certified copy of this
Resolution accompanied with the metes and bounds descriptions along with a map
showing the location of said vacated street or alley, with all such information identified
in Exhibits A and B, in the Office of the Register of Deeds for Winnebago County.
EXHBIT A
DESCRIPTION OF PARCEL "A":
A PARCEL OF LAND BEING PART OF VACATED RATH LANE, BEING PART OF
LANDS DESCRIBED IN DOCUMENT NO. 1450757,BEING PART OF LOT 4 OF RATH'S
ADDITION,LOCATED IN THE SOUTHWEST 1/4 OF THE FRACTIONAL NORTHWEST
1/4 OF SECTION 15, TOWNSHIP 18 NORTH, RANGE 16 EAST, SIXTEENTH WARD,
CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND
DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SECTION
15; THENCE N89°17'30"E, 997.69 FEET ALONG THE SOUTH LINE OF THE
FRACTIONAL NORTHWEST 1/4 OF SECTION 15; THENCE N00°31'22"W, 360.15 FEET
TO THE SOUTH RIGHT-OF-WAY LINE OF VACATED RATH LANE AND THE POINT
OF BEGINNING; THENCE SOUTHEASTERLY, 28.72 FEET ALONG THE ARC OF A
36.00 FOOT RADIUS CURVE TO THE LEFT OF SAID SOUTH RIGHT-OF-WAY LINE,
HAVING A CHORD WHICH BEARS S66027'52"W AND IS 27.96 FEET IN LENGTH TO
THE WEST END OF VACATED RATH LANE; THENCE N00031'22"W, 10.86 FEET
ALONG SAID WEST END; THENCE N89018'55"E, 25.74 FEET TO THE POINT OF
BEGINNING. SAID DESCRIBED PARCEL CONTAINS 87 SQUARE FEET OF LAND
MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
DESCRIPTION OF PARCEL "B":
A PARCEL OF LAND BEING PART OF VACATED RATH LANE, BEING PART OF
LANDS DESCRIBED IN DOCUMENT NO. 1496857, BEING PART OF THE
SOUTHWEST 1/4 OF THE FRACTIONAL NORTHWEST 1/4 OF SECTION 15,TOWNSHIP
18 NORTH,RANGE 16 EAST, SIXTEENTH WARD, CITY OF OSHKOSH,WINNEBAGO
COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SECTION 15; THENCE N89017'30"E,
997.69 FEET ALONG THE SOUTH LINE OF THE FRACTIONAL NORTHWEST 1/4 OF
SECTION 15; THENCE N00031'22"W, 360.15 FEET TO THE SOUTH RIGHT-OF-WAY
LINE OF VACATED RATH LANE AND THE POINT OF BEGINNING; THENCE
S89018'55"W, 25.74 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST
END OF VACATED RATH LANE; THENCE N00031'22"W, 35.51 FEET ALONG SAID
WEST END; THENCE NORTHERLY, 24.71 FEET ALONG THE ARC OF A 110.00 FOOT
RADIUS CURVE OF SAID WEST END TO THE RIGHT, HAVING A CHORD WHICH
BEARS N05053'52"E AND IS 24.65 FEET IN LENGTH TO THE NORTH RIGHT-OF-
WAY LINE OF VACATED RATH LANE; THENCE N89018'55"E, 103.02 FEET ALONG
SAID NORTH RIGHT-OF-WAY LINE; THENCE NORTHEASTERLY, 23.02 FEET
ALONG THE ARC OF A 21.00 FOOT RADIUS CURVE OF SAID NORTH RIGHT-OF-
WAY LINE TO THE LEFT, HAVING A CHORD WHICH BEARS N57055'00"E AND IS
21.88 FEET IN LENGTH; THENCE NORTHEASTERLY, 42.91 FEET ALONG THE ARC
OF A 49.00 FOOT RADIUS CURVE OF SAID NORTH RIGHT-OF-WAY LINE TO THE
RIGHT, HAVING A CHORD WHICH SEARS N51°36'21"E AND IS 41.55 FEET IN
LENGTH; THENCE S00°20'06"E, 96.82 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF VACATED RATH LANE; THENCE S89°18'55"W, 131.17 FEET ALONG SAID
SOUTH RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. SAID DESCRIBED
PARCEL CONTAINS 10,376 SQUARE FEET OF LAND MORE OR LESS. SUBJECT TO
ALL EASEMENTS AND RESTRICTIONS OF RECORD.
DESCRIPTION OF PARCEL "C":
A PARCEL OF LAND BEING PART OF VACATED RATH LANE, BEING PART OF
LANDS DESCRIBED IN DOCUMENT NO. 1478420, BEING PART OF THE
SOUTHWEST 1/4 OF THE FRACTIONAL NORTHWEST 1/4 OF SECTION 15,TOWNSHIP
18 NORTH,RANGE 16 EAST, SIXTEENTH WARD, CITY OF OSHKOSH,WINNEBAGO
COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SECTION 15; THENCE N89°17'30"E,
997.69 FEET ALONG THE SOUTH LINE OF THE FRACTIONAL NORTHWEST 1/4 OF
SECTION 15; THENCE N00°31'22"W, 360.15 FEET TO THE SOUTH RIGHT-OF-WAY
LINE OF VACATED RATH LANE; THENCE N89°18'55"E, 131.17 FEET ALONG SAID
SOUTH RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING; THENCE
N00020'06"W, 117.21 FEET TO THE NORTH RIGHT-OF-WAY LINE OF VACATED
RATH LANE; THENCE N89018'55"E, 60.00 FEET ALONG SAID NORTH RIGHT-OF-
WAY LINE TO THE EAST END OF VACATED RATH LANE; THENCE S00020'06"E,
117.21 FEET ALONG SAID EAST END TO THE SOUTH RIGHT-OF-WAY LINE OF
VACATED RATH LANE; THENCE S89018'55"W, 60.00 FEET ALONG SAID SOUTH
RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL
CONTAINS 7,033 SQUARE FEET OF LAND MORE OR LESS. SUBJECT TO ALL
EASEMENTS AND RESTRICTIONS OF RECORD.
f , , I 111111111 III I I I III
Final Resolution Vacating Rath Lane 8 5 3 1 4 5 8
East of North Koeller Street Tx:4
0200
DOC# 1797729
NATALIE STROHMEYER
REGISTER OF DEEDS
Document Number Document Title WINNEBAGO COUNTY, WI
RECORDED ON:
09/03/2019 11:04 AM
RECORDING FEE:
TRANSFER FEE:
EXEMPTION #:
PAGES: 6
C
Recording Area P1
Name and Return Address
City Attorney Office
P 0 Box 1130
Oshkosh WI 54903-1130
S P✓
Parcel Identification Numbers (PIN)
91610870401, 91610870201,
91608470900
Property Description—see Attached Exhibit A
This instrument drafted by:
Attorney Lynn A.Lorenson
Oshkosh,WI 54903-1130
Co
City
of
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Allen Davis, Community Development Director
DATE: August 22, 2019
RE: Approve Final Resolution Vacating Rath Lane East of North Koeller Street [Res]
BACKGROUND
The area in this request involves approximately 17,433 sq. ft. of right-of-way that was acquired by
the Wisconsin Department of Transportation (DOT) in 2008 in anticipation of the Interstate
41/roundabout project on Oshkosh Avenue. The DOT reconfigured portions of Oshkosh Avenue
to install roundabouts. Properties located along Oshkosh Avenue on the north side of the street
would lose their driveway access from Oshkosh Avenue due to their proximities to the
roundabout. The Rath Lane right-of-way was acquired and the street segment and cul-de-sac
were created to allow driveway access to the properties that lost their Oshkosh Avenue access
due to the roundabout installation.
ANALYSIS
The subject is a 60 foot wide right-of-way segment and 75 foot wide cul-de-sac running west to
east from N. Koeller Street along the north of three lots fronting the 1800 block of Oshkosh
Avenue. Prime Space, LLC owns the lots to the south of the right-of-way and the property to the
north of the right-of-way is owned by the City of Oshkosh. This is an atypical vacation in that the
vacation is not split down the middle of the right-of-way and disposed to the adjacent property
owners. In this case, the underlying lands will revert back to the original owners the right-of-
way was acquired from in 2008. This vacation consists of three sections. The eastern 60 feet will
revert back to the property at 1820 Oshkosh Avenue. The bulk of the street segment will revert
back to the City of Oshkosh parcel to the north and a small triangular section at the southeast
corner of Rath Lane and N. Koeller Street will revert back to the vacant property just east of N.
Koeller Street.
Official mapping was recently completed by the city to widen N. Koeller Street between Oshkosh
Avenue and Rath Lane from a 60 foot wide right-of-way to an 80 foot wide right-of-way, with ten
feet mapped on both sides of N. Koeller Street. The proposed vacation will stop ten feet east of
the southerly section of N. Koeller Street to ensure consistent width between this segment of
right-of-way and the right-of-way north of Rath Lane.
The city was approached by representatives of Prime Space, LLC to possibly acquire the city's
portion of the vacation and possibly the city-owned outlot north of Rath Lane. This will provide
a larger redevelopment site for Prime Space, LLC and the city would no longer be required to
maintain the otherwise undevelopable land. Any proposed land disposition by the city will need
Plan Commission Review and approval by the Common Council.
According to the Public Works Department, the right-of-way has served its purpose and is no
longer needed. Public Works notes, however, that the City and any other utility facilities have
the right to maintain existing utilities within the vacated right-of-way in accordance with state
statutes. Traffic in the area will not be impacted as the subject right-of-way sees very little vehicle
traffic. Additionally, this right-of-way vacation will provide additional area for consolidation and
future redevelopment of a number of properties located along Oshkosh Avenue.
FISCAL IMPACT
None anticipated as the proposed right of way vacations will not require expansion of city
services and will lead to minor increase in the City's tax base.
RECOMMENDATION
The Plan Commission recommended approval of the right-of-way vacation at its July 2, 2019
meeting.
Respectfully Submitted, Approved:
ide k
Allen Davis Mark A. Rohloff
Community Development Director City Manager
REVISED
Exhibit B
ILIA
N YC O -
RoW aquired by WIDOT
9A Trans. Project 1120-11-21
l i RoW aquired by WIDOT x? Doc. 1478420 7/24/2008
Trans. Project 1120-11-21 } (Ran-Lie, Inc. - Owner at
Doc. 1497857 3/12/2009 r time of Transaction)
(City of Oshkosh -Owner at ^�
time of Transaction)
F
RATH LA , -
RoW squired by WIDOT
Trans. Project 1120-11-21
Doc. 1450757 10/12/2007
(Kielisch Properties I, LLC -
Owner at time of Transaction)
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approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date:6/27/2019 Oshkosh
These map(s),'dalasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS" without Prepared by:City of Oshkosh,WI
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse
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ITEM: RIGHT-OF-WAY VACATION OF RATH LANE EAST OF N. KOELLER
STREET
Plan Commission of July 2, 2019
GENERAL INFORMATION
Applicants: Mach IV Engineering&Surveying LLC, William Steiner
Property Owner: City of Oshkosh
Actions Requested:
The petitioner is requesting the vacation of a 60 foot wide, 216 foot long segment of Rath Lane
that runs east of N. Koeller Street and terminates at a cul-de-sac. This street segment runs behind
properties at 1844 and 1820 Oshkosh Avenue.
Applicable Ordinance Provisions:
WI State Stats. 66.1003 regulate the discontinuance of a public right-of-way.
Property Location and Background Information:
The area in this request involves approximately 17,433 sq. ft. of right-of-way that was acquired by
the Wisconsin Department of Transportation(DOT) in 2008 in anticipation of the Interstate
41/roundabout project on Oshkosh Avenue. The DOT reconfigured portions of Oshkosh Avenue
to install roundabouts. Properties located along Oshkosh Avenue on the north side of the street
would lose their driveway access from Oshkosh Avenue due to their proximities to the
roundabout. The Rath Lane right-of-way was acquired and the street segment and cul-de-sac
were created to allow driveway access to the properties that lost their Oshkosh Avenue access
due to the roundabout installation.
Subject Site
Existing Land Use Zoning
Public Right-of-Way-Paved street segment and cul-de-sac CBP-PD/I
Adjacent Land Use and Zoning
Existing Uses Zoning
North Lakeshore Park I
South Vacant Parcel/Single-family Residential CPB-PD
East Vacant/Undeveloped CPB-PD
West Rath Lane CPB-PD/I
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Interstate Commercial
i
ANALYSIS
The subject is a 60 foot wide right-of-way segment and 75 foot wide cul-de-sac running west to
east from N. Koeller Street along the north of three lots fronting the 1800 block of Oshkosh
Avenue. Prime Space, LLC owns the lots to the south of the right-of-way. The property to the
north of the right-of-way in question is owned by the City of Oshkosh.
This is an atypical vacation in that the vacation is not split down the middle of the right-of-way
and disposed to the adjacent property owners. In this case, the underlying lands will revert back
to the original owners the right-of-way was acquired from in 2008. As shown on the
accompanying map, this vacation consists of three sections. The eastern 60 feet(approximately
7,000 sq. ft.) will revert back to the property at 1820 Oshkosh Avenue. The bulk of the street
segment(approximately 10,400 sq. ft. from the cul-de-sac to N. Koeller Street) will revert back to
the City of Oshkosh parcel to the north and a small triangular section(approximately 88 sq. ft.) at
the southeast corner of Rath Lane and N. Koeller Street will revert back to the vacant property
just east of N. Koeller Street.
Official mapping was recently completed by the city to widen N. Koeller Street between Oshkosh
Avenue and Rath Lane from a 60 foot wide right-of-way to an 80 foot wide right-of-way, with ten
feet mapped on both sides of N. Koeller Street. The proposed vacation will stop ten feet east of
the southerly section of N. Koeller Street to ensure consistent width between this segment of
right-of-way and the right-of-way north of Rath Lane.
The city was approached by representatives of Prime Space, LLC to possibly acquire the city's
portion of the vacation and possibly the city-owned outlot north of Rath Lane. This will provide
a larger redevelopment site for Prime Space, LLC and the city would no longer be required to
maintain the otherwise undevelopable land. Any proposed land disposition by the city will need
Plan Commission Review and approval by the Common Council.
According to the Public Works Department, the right-of-way has served its purpose and is no
longer needed. Public Works notes,however, that the City and any other utility facilities have the
right to maintain existing utilities within the vacated right-of-way in accordance with state
statutes.
Staff supports the right-of-way vacation request as proposed. Traffic in the area will not be
impacted as the subject right-of-way sees very little vehicle traffic.Additionally, this right-of-way
vacation will provide additional area for consolidation and future redevelopment of a number of
properties located along Oshkosh Avenue.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the right-of-way vacation of Rath Lane east of N. Koeller Street as
requested.
Item—Rath Ln ROW Vacation East off.Koeller St. 2
{t
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The Plan Commission approved of the street right-of-way vacation as requested. The following is
the Plan Commission's discussion on this item.
f
f
Site Inspections Reports:Ms. Propp reported visiting the site.
I
s
Staff report accepted as part of the record.
f The petitioner is requesting the vacation of a 60 foot wide, 216 foot long segment of Rath Lane
that runs east of N. Koeller Street and terminates at a cul-de-sac. This street segment runs behind
properties at 1844 and 1820 Oshkosh Avenue.
Mr. Wiley presented the item and reviewed the site and surrounding area as well as the reason
for the right-of-way vacation. The 17,433 sq. ft. of right-of-way that was acquired by the DOT in
2008 in anticipation of the Interstate 41/roundabout project on Oshkosh Avenue. Properties
located along Oshkosh Avenue on the north side of the street would lose their driveway access
from Oshkosh Avenue due to their proximities to the roundabout. The Rath Lane right-of-way
was acquired and the street segment and cul-de-sac were created to allow driveway access to the
properties that lost their Oshkosh Avenue access due to the roundabout installation. This is an
atypical vacation in that the vacation is not split down the middle of the right-of-way and
disposed to the adjacent property owners. In this case, the underlying lands will revert back to
the original owners the right-of-way was acquired from in 2008. Traffic in the area will not be
impacted as the subject right-of-way sees very little vehicle traffic. Additionally,this right-of-way
vacation will provide additional area for consolidation and future redevelopment of a number of
properties located along Oshkosh Avenue.
Mr. Fojtik opened technical questions to staff.
Mr.Hinz asked how the future developments to the south would be accessed.
Mr. Lyons replied it is anticipated that there would be potentially a curb cut approximately where
the right-of-way used to be to line up with Rath Lane. He said the final location would still need
to be determined.
Mr.Wiley commented the state relinquished its' rights to restrict driveway access. He said
driveway access off N.Koeller Street is feasible at this point.
Mr.Fojtik asked if there were any public comments and asked if the applicant wanted to make
any statements.
There were no statements from the applicant
There were no public comments on this item.
Mr.Fojtik closed public comments and asked if the applicant wanted to make any closing
statements.
Item—Rath Ln ROW Vacation East of N.Koeller St. 3
There were no closing statements from the applicant
4
i
j Motion by Ford to adopt the findings and recommendation as stated in the staff report.
Seconded by Kiefer.
jMr.Fojtik asked if there was any discussion about the motion.
Ms.Propp stated she visited the site and N. Koeller Street has already been paved. She explained
the stubbed area is closed off by a curb and sidewalk. She said she does not object to the street
j vacation because it makes sense. She is concerned with the narrow sidewalks that have been built
on both sides of N. Koeller Street because it may have to be changed to connect to the trail system.
She does feel the city should carefully consider holding onto their remaining segment. She said it
could potentially be a mini-parking lot for the park and wanted it noted in the minutes.
Motion carried 9-0.
Item—Rath Ln ROW Vacation East of N.Koeller St. 4
3
P
City of Oshkosh
AA% Planning Services Division
215 Church Avenue
cif°f STREET VACATION PO Box 1130
Oshkosh Oshkosh,WI 54903-1 130
APPLICATION 920-236-5059
PROPERTY AND PROJECT INFORMATION
A. Property Address 1820 & 1844 Oshkosh Avenue
Parcel Number 91610870301&91610870201&91610870401&91608470900 Zone District_CBP-PD
B. General Description of the Area to be Vacated
Rath Lane to the north of parcels 91610870301 &91610870201 &91610870401 and south
of91608470900
I
C. Outline the Necessity for Vacation
This portion of Rath Lane has been blocked from adloining roads. It is no longer
functioning
APPLICANT INFORMATION
A citizen-initiated street vacation requires a written petition of the owners of all frontage
lots and lands abutting the public way and more than one-third of the owners of the
frontage lots and lands
NEEDS APPLICATION SIGNATURE, ETC.
Page 3
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