HomeMy WebLinkAboutFinal Resolution Vacating Rath Lane 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
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(CARRIED 7-0 LOST LAID OVER WITHDRAWN )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 16th 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 16th 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.
STATE OF WISCONSIN )
COUNTY OF WINNEBAGO ) SS
CITY OF OSHKOSH )
I, PAMELA R. UBRIG, City Clerk for the City of Oshkosh, Winnebago County,
Wisconsin, do hereby certify that the foregoing resolution (19-472) 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 the meeting held on August 27, 2019.
Witness my hand and the n seal of theCi Oshkosh, Wisconsin.
DATED: August 28, 2019 ti l /
4-an
City Clerk of the City of Oshkosh,
Winnebago County, Wisconsin
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 S66°27'52"W AND IS 27.96 FEET IN LENGTH TO
THE WEST END OF VACATED RATH LANE; THENCE NOO°31'22"W, 10.86 FEET
ALONG SAID WEST END; THENCE N89°18'55"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 N89°17'30"E,
997.69 FEET ALONG THE SOUTH LINE OF THE FRACTIONAL NORTHWEST 1/4 OF
SECTION 15; THENCE NOO°31'22"W, 360.15 FEET TO THE SOUTH RIGHT-OF-WAY
LINE OF VACATED RATH LANE AND THE POINT OF BEGINNING; THENCE
S89°18'55"W, 25.74 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST
END OF VACATED RATH LANE; THENCE NOO°31'22"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 N05°53'52"E AND IS 24.65 FEET IN LENGTH TO THE NORTH RIGHT-OF-
WAY LINE OF VACATED RATH LANE; THENCE N89°18'55"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 N57°55'00"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 BEARS 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
N00°20'06"W, 117.21 FEET TO THE NORTH RIGHT-OF-WAY LINE OF VACATED
RATH LANE; THENCE N89°18'55"E, 60.00 FEET ALONG SAID NORTH RIGHT-OF-
WAY LINE TO THE EAST END OF VACATED RATH LANE; THENCE S00°20'06"E,
117.21 FEET ALONG SAID EAST END TO THE SOUTH RIGHT-OF-WAY LINE OF
VACATED RATH LANE; THENCE S89°18'55"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.
REV --- .T
Exhibit B
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the City of Oshkosh creates and maintains GIS maps and data for its own use They may show the
approximate relative location of property.boundaries and other feature from a variety of sources Printing Date:6/27/2019
These map(s);datasets are provided for information purposes only and may not be sufficient orOshkosh
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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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
Recording Area 1?)�r y
Name and Return Address
City Attorney Office
P O Box 1130
Oshkosh WI 54903-1130
Se'
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
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 16th 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 16th 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.
STATE OF WISCONSIN )
COUNTY OF WINNEBAGO ) SS
CITY OF OSHKOSH )
I, PAMELA R. UBRIG, City Clerk for the City of Oshkosh, Winnebago County,
Wisconsin, do hereby certify that the foregoing resolution (19-472) 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 the meeting held on August 27, 2019.
Witness my hand and the o . n seal of the_Ci Oshkosh, Wisconsin.
DATED: August 28, 2019 ti U ,1
City Clerk of the City of Oshkosh,
Winnebago County, Wisconsin
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 S66°27'52"W AND IS 27.96 FEET IN LENGTH TO
THE WEST END OF VACATED RATH LANE; THENCE N00°31'22"W, 10.86 FEET
ALONG SAID WEST END; THENCE N89°18'55"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 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
S89°18'55"W, 25.74 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE WEST
END OF VACATED RATH LANE; THENCE N00°31'22"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 N05°53'52"E AND IS 24.65 FEET IN LENGTH TO THE NORTH RIGHT-OF-
WAY LINE OF VACATED RATH LANE; THENCE N89°18'55"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 N57°55'00"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 BEARS 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
N00°20'06"W, 117.21 FEET TO THE NORTH RIGHT-OF-WAY LINE OF VACATED
RATH LANE; THENCE N89°18'55"E, 60.00 FEET ALONG SAID NORTH RIGHT-OF-
WAY LINE TO THE EAST END OF VACATED RATH LANE; THENCE S00°20'06"E,
117.21 FEET ALONG SAID EAST END TO THE SOUTH RIGHT-OF-WAY LINE OF
VACATED RATH LANE; THENCE S89°18'55"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.
REV r . .
Exhibit B
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the City of Oshkosh creates and maintains GIS maps and data for its own use They may show the
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approximate relative local/an of property boundanes and other feature Irom a variety of sources Printing Date 6/27/2019
These map(s)/dalasets are provided for information purposes only and may not be sufficient or Oshkosh
appropriate Ior legal, engineering. or surveying purposes They are provided 'AS-IS' without Prepared by:City of Oshkosh,WI
,varranties of any kind and the City of Oshkosh assumes no liability for use or misuse
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