HomeMy WebLinkAboutItem III-A PLAN COMMISSION STAFF REPORT SEPTEMBER 17,2019
ITEM III-A: GRANT PRIVILEGE IN THE STREET— SOUTH SIDE OF THE 1800 BLOCK OF
W. 20TH AVENUE FOR PLACEMENT OF STORM WATER MANAGEMENT
FACILITIES WITHIN PUBLIC RIGHT-OF-WAY
GENERAL INFORMATION
Applicant: Masters Oshkosh, LLC.
Owner: City of Oshkosh
Action Requested:
Masters Oshkosh, LLC is requesting a privilege in the street for construction of storm water
management facilities located within City right-of-way.
Applicable Ordinance Provisions:
N/A but any location of a non-city or public utility use in City right-of-way requires the issuance
of a privilege-in-the-street permit. Section 66.0425 of the Wisconsin Statutes regulates the
issuance of privileges in the streets.
Property Location and Type/Analysis:
Masters Oshkosh, LLC is requesting a privilege in the street to allow placement of storm water
facilities related to the Mineshaft restaurant and entertainment development. The proposed
facility is in the form of a dry drainage detention basin located north of the Mineshaft property
from S. Koeller Street to Interstate 41 rights-of-way. Site grading and minor enhancements to
existing storm water structures will be part of the construction activity. Areas of the dry basin
will be planted with native prairie vegetation to serve as a wildlife deterrent as part of the wildlife
mitigation plan recommended by the USDA Wildlife Services and Winnebago County Airport.
The petitioner will coordinate with the Department of Public Works to ensure no conflicts with
City facilities. The Department of Public Works has reviewed the request and has no concerns
with the proposed project that cannot be addressed with the standard privilege-in-the-street
conditions.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the request for the privilege-in-the-street with the following
conditions:
1. The Petitioner shall follow all of the current edition of the Standard Specifications for City
of Oshkosh,Wisconsin for construction, along with all Municipal Code requirements.
2. The Petitioner shall work with the Department of Public Works regarding the precise
location of the storm water management facilities within the public right-of-way. The
Page 1
Department of Public Works shall approve the precise location(s),but the approval shall
not be unreasonably denied.
3. Petitioner shall provide copies of information and materials related to the storm water
management facilities within City right-of-way.
4. Petitioner is responsible for costs, expenses, and damages to the extent they are related to
Petitioners activities pursuant to the Privilege in the Street. Any problem that may arise as
a result of the installation of the storm water management facilities be the responsibility of
the petitioner to correct in coordination with the Department of Public Works.
5. All appropriate permits, including but not limited to right-of-way permits, are obtained
prior to the start of the storm water management facility placement.
6. The petitioner/owner secures and submits to the City Clerk a separate insurance policy
which names the City of Oshkosh, and its officers, Council members, agents, employees
and authorized volunteers as additional insured's with a minimum commercial general
liability coverage of$200,000 per occurrence and$500,000 in general aggregate.
7. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance
certificate with the City Clerk upon expiration of an existing certificate. Failure to do so
may result in the revocation of the privilege in street within ten (10) days of notice.
S. The petitioner shall enter into a privilege in the street agreement that will formalize the
agreement between the City and the petitioner. The agreement shall include these
conditions, and City staff is also authorized to include additional conditions that are in the
best interests of the City.
9. The facility is part of and documented with Digger's Hotline system.
10. The Petitioner shall take into consideration the City's use of the right-of-way and as a
result plan its actions to provide the least amount of disruption that is reasonably possible.
Item 111-A-Privilege in Street—S.Side of South 1800 Block of W.20`}'Avenue
Page 2
PRIVILEGE IN THE STREET EXHIBIT B
W__20TH__AVENUE
S51`10'28"E
N79°29'13"E N86`04'06"E 22.73'
86.32' 48.86'
—� E —
NV°56'09"E N87°43'1 "E 325.E
N27'3�27.71'
'05"E 97.49' ;; W W — - W w W
a PRIVILEGE IN THE STREET S20°02'07"E
EXHIBIT 25.68'
°u T n T ou Fo
�, ��"" e r SOUTH ORIGHT—OF—WAY . . r ~
8°36'28"W S00°49'01"W Lji
i LINE OF W. 20TH AVENUE :
594.16 p 4 w
NW CORNER P.O.B. LLI:
OF LOT 4 NE CORNER J
ST OF LOT 4 w'/ LOT_4 :
CSM_NO._5964 WEST RIGHT—OF—WAY 0
LINE OF KOELLER STREET Yi
� o EASTERLY RIGHT—OF—WAY
LINE OF INTERSTATE "41"
p 'T
LEGAL DESCRIPTION:
A PRIVILEGE LOCATED WITHIN THE W. 20TH AVENUE RIGHT—OF—WAY, BEING A PART OF THE SOUTHWEST 1/4
OF THE SOUTHWEST 1/4 OF SECTION 27 AND PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 34, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF CERTIFIED SURVEY MAP N0. 5964, RECORDED IN THE
WINNEBAGO COUNTY REGISTER OF DEEDS OFFICE IN VOLUME 1 ON PAGE 5964 AS DOCUMENT NO. 1410416;
THENCE NORTH 88'-36'-28" WEST ALONG THE NORTH LINE OF SAID LOT 4 (SAID LINE ALSO BEING THE
SOUTH RIGHT—OF—WAY LINE OF W. 20TH AVENUE), A DISTANCE OF 594.16 FEET TO THE NORTHWEST CORNER
OF SAID LOT 4; THENCE NORTH 27'-30'-05" EAST ALONG THE NORTHERLY EXTENSION OF A WESTERLY LINE
OF SAID LOT 4, A DISTANCE OF 27.71 FEET; THENCE NORTH 82°-56'-09" EAST, A DISTANCE OF 97.49
FEET; THENCE NORTH 79`-29'-13" EAST, A DISTANCE OF 86.32 FEET; THENCE NORTH 86`-04'-06" EAST, A
DISTANCE OF 48.86 FEET; THENCE NORTH 87°-43'-19" EAST, A DISTANCE OF 325.21 FEET; THENCE SOUTH
51`-10'-28" EAST, A DISTANCE OF 22.73 FEET; THENCE SOUTH 20°-02'-07" EAST, A DISTANCE OF 25.68
FEET TO THE NORTHERLY EXTENSION OF AN EAST LINE OF SAID LOT 4; THENCE SOUTH 00°-49'-01" WEST
ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 44.66 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 35,452 SQUARE FEET.
DATE: AUGUST 28, 2019
OO
Always a Better Plan
100' 0 100' 200' EXCE L FOND DULOT LAC WRI`54935
E N G I N E E RI N G�� FAX:N920)926-9801 eoo
1"= 100 SCALE FEET SURVEYING GROUP
PROJECT NO. 1863480
Page 3
PRIVILEGE IN THE STREET EXHIBIT A
W__20TH_ AVENUE
S51`10'28"E
N79°29'13"E N86`04'06"E 22.73'
86.32' 48.86'
N82°56'09"E N87°43'19"E 325.21'
N27°30'05"E 97.49'
27 71' PRIVILEGE IN THE STREET S20°02'07"E
EXHIBIT 25.68'
NW CORNER N88'36'28"W SOUTH RIGHT-OF-WAY S00'49'01"W LLJ
i LINE OF W. 20TH AVENUE P.O.B. :
OF LOT 4 594.16 44.66' NE CORNER
OF LOT 4
CIV i (ni
LOT_4 WEST RIGHT-OF-WAY w�
EASTERLY RIGHT-OF-WAY CSM NO 5964 Ji
LINE OF INTERSTATE "41 ------ --- LINE OF KOELLER STREET J�
Lib
0:
Y:
LEGAL DESCRIPTION:
A PRIVILEGE LOCATED WITHIN THE W. 20TH AVENUE RIGHT—OF—WAY, BEING A PART OF THE SOUTHWEST 1/4
OF THE SOUTHWEST 1/4 OF SECTION 27 AND PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 34, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF CERTIFIED SURVEY MAP N0. 5964, RECORDED IN THE
WINNEBAGO COUNTY REGISTER OF DEEDS OFFICE IN VOLUME 1 ON PAGE 5964 AS DOCUMENT NO. 1410416;
THENCE NORTH 88'-36'-28" WEST ALONG THE NORTH LINE OF SAID LOT 4 (SAID LINE ALSO BEING THE
SOUTH RIGHT—OF—WAY LINE OF W. 20TH AVENUE), A DISTANCE OF 594.16 FEET TO THE NORTHWEST CORNER
OF SAID LOT 4; THENCE NORTH 27'-30'-05" EAST ALONG THE NORTHERLY EXTENSION OF A WESTERLY LINE
OF SAID LOT 4, A DISTANCE OF 27.71 FEET; THENCE NORTH 82°-56'-09" EAST, A DISTANCE OF 97.49
FEET; THENCE NORTH 79`-29'-13" EAST, A DISTANCE OF 86.32 FEET; THENCE NORTH 86`-04'-06" EAST, A
DISTANCE OF 48.86 FEET; THENCE NORTH 87°-43'-19" EAST, A DISTANCE OF 325.21 FEET; THENCE SOUTH
51`-10'-28" EAST, A DISTANCE OF 22.73 FEET; THENCE SOUTH 20°-02'-07" EAST, A DISTANCE OF 25.68
FEET TO THE NORTHERLY EXTENSION OF AN EAST LINE OF SAID LOT 4; THENCE SOUTH 00°-49'-01" WEST
ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 44.66 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 35,452 SQUARE FEET.
DATE: AUGUST 28, 2019
OO
Always a Better Plan
100' 0 100' 200' E.XC E L FOND DULOT LAC WRI`b4935
E N G I N E E RI N G�� FAX:N920)926-9801 eoo
1"= 100 SCALE FEET SURVEYING GROUP
PROJECT NO. 1863480
Page 4
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information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh
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