Loading...
HomeMy WebLinkAbout07. 20-416 OCTOBER 13, 2020 20-416 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: RELEASE SANITARY SEWER INTERCEPTOR EASEMENT LOCATED ON THE WEST SIDE OF THE 2400 THROUGH 2700 BLOCKS OF CLOVER STREET INITIATED BY: CITY OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby releases a sanitary sewer interceptor easement located on the west side of the 2400 through 2700 blocks of Clover Avenue, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Service Manager DATE: October 8, 2020 RE: Release Sanitary Sewer Interceptor Easement Located on the West Side of the 2400 Through 2700 Blocks of Clover Street (Plan Commission Recommends Approval) BACKGROUND / ANALYSIS The subject site involves 26 city lots (six single-family, 18 two-family, one industrial and one agricultural) and two agricultural lots located in the Town of Oshkosh. In 1976 the City was granted a 20-foot wide easement to allow construction of a sanitary interceptor to enable the discharge of leachate from the Winnebago County Landfill north of W. Fernau Avenue. At the time of the easement's recording, the underlying land consisted of large agricultural tracts located in the Town of Oshkosh. Since then, much of the land has annexed into the City and developed with the easement now located in the rear yards of the residential lots. The city was approached by a property owner on Clover Street wishing to construct a deck within the easement area. Typically the City will not grant an encroachment for decks or similar structures in these kind of easements. However, the Department of Public Works indicated the sanitary sewer interceptor is no longer active and the easement can be released. The existing north -south easement is 20 feet wide by approximately 4,290 feet long running from the Winnebago County Landfill site south to 2405/2407 Clover Street. 2405/2407 Clover Street also contains a 100-foot segment along the south side of the property leading from the rear yard east to Clover Street. Discharge from the landfill was rerouted to sanitary sewer constructed in the W. Fernau Avenue right-of-way in 1996. This negated the need for the sewer located in the easement on the subject properties. With the proposed release of the easement, property owners will be allowed to construct structures within the easement area. Currently, structures are prohibited within the easement area without an encroachment agreement approved by the Department of Public Works. In cases like this, encroachment agreements are generally denied do to structures potentially inhibiting the City to easily access sewer lines in need of replacement or repair. The Department of Public Works is coordinating with the City Attorney's office to prepare necessary documents to release the easements. The releases will be recorded at the Winnebago County Register of Deeds upon approval by the Common Council which is scheduled for October 13, 2020. RECOMMENDATION The Plan Commission recommended approval of the release of the sanitary sewer interceptor easement at its October 6, 2020 meeting. Please see the attached staff report and meeting minutes for more information. Respectfully Submitttedd, Mark Lyons s� Planning Services Manager Approved: 1 Mark A. Rohloff City Manager ITEM: RELEASE SANITARY SEWER INTERCEPTOR EASEMENT LOCATED ON THE WEST SIDE OF THE 2400 THROUGH 2700 BLOCKS OF CLOVER STREET, NORTH TO THE SOUTH SIDE OF W. FERNAU AVENUE Plan Commission meeting of October 6, 2020. GENERAL INFORMATION Applicant: City of Oshkosh Department of Public Works Owner: Multiple Actions Requested: The City of Oshkosh is requesting the release of a sanitary interceptor sewer easement located on properties on the west side of the 2400 Through 2700 Blocks of Clover Street, north to the south side of W. Fernau Avenue. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject site involves 26 city lots (six single-family, 18 two-family, one industrial and one agricultural) and two agricultural lots located in the Town of Oshkosh. In 1976 the City was granted a 20-foot wide easement to allow construction of a sanitary interceptor to enable the discharge of leachate from the Winnebago County Landfill north of W. Fernau Avenue. At the time of the easement's recording, the underlying land consisted of large agricultural tracts located in the Town of Oshkosh. Since then, much of the land has annexed into the City and developed with the easement now located in the rear yards of the residential lots. The city was approached by a property owner on Clover Street wishing to construct a deck within the easement area. Typically the City will not grant an encroachment for decks or similar structures in these kind of easements. However, the Department of Public Works indicated the sanitary sewer interceptor is no longer active and the easement can be released. ANALYSIS The existing north -south easement is 20 feet wide by approximately 4,290 feet long running from the Winnebago County Landfill site south to 2405/2407 Clover Street. 2405/2407 Clover Street also contains a 100-foot segment along the south side of the property leading from the rear yard east to Clover Street. Discharge from the landfill was rerouted to sanitary sewer constructed in the W. Fernau Avenue right-of-way in 1996. This negated the need for the sewer located in the easement on the subject properties. With the proposed release of the easement, property owners will be allowed to construct structures within the easement area. Currently, structures are prohibited within the easement area without an encroachment agreement approved by the Department of Public Works. In cases like this, encroachment agreements are generally denied do to structures potentially inhibiting the City to easily access sewer lines in need of replacement or repair. The Department of Public Works is coordinating with the City Attorney's office to prepare necessary documents to release the easements. The releases will be recorded at the Winnebago County Register of Deeds upon approval by the Common Council which is scheduled for October 13, 2020. RECOMMENDATION/CONDITIONS Staff recommends approval of the release of the sanitary sewer interceptor easement located on the west side of the 2400 Through 2700 Blocks of Clover Street, north to the south side of W. Fernau Avenue as proposed. The Plan Commission approved of the release of the easement as requested. The following is the Plan Commission's discussion on this item. Site Inspections Reports: No commissioners reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh is requesting the release of a sanitary interceptor sewer easement located on properties on the west side of the 2400 Through 2700 Blocks of Clover Street, north to the south side of W. Fernau Avenue. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The city was approached by a property owner on Clover Street wishing to construct a deck within the easement area. Typically the City will not grant an encroachment for decks or similar structures in these kind of easements. However, the Department of Public Works indicated the sanitary sewer interceptor is no longer active and the easement can be released. The existing north -south easement is 20 feet wide by approximately 4,290 feet long running from the Winnebago County Landfill site south to 2405/2407 Clover Street. 2405/2407 Clover Street also contains a 100-foot segment along the south side of the property leading from the rear yard east to Clover Street. With the proposed release of the easement, property owners will be allowed to construct structures within the easement area. He said that staff recommends approval of the release of the sanitary sewer interceptor easement located on the west side of the 2400 through 2700 Blocks of Clover Street, north to the south side of W. Fernau Avenue as proposed. Ms. Propp opened technical questions to staff. There were no technical questions on this item. Item I— Release Easement -west side of the 2400 Through 2700 Blocks of Clover Street, north to the south side of W. Fernau Avenue Ms. Propp asked if there were any public comments. There were no public comments on this item. Ms. Propp closed public comments. Motion by Hinz to adopt the findings and recommendation as stated in the staff report. Seconded by Perry. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 7-0. Item I —Release Easement -west side of the 2400 Through 2700 Blocks of Clover Street, north to the south side of W. Fernau Avenue V: . L-, I - A Fro Ilk City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclai mer N 1 in=0.09mi 1 in=500ft Printing Date: 9/28/2020 Prepared by: City of Oshkosh, WI Oshkosh City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclai mer N 1 in=0.12mi 1 in = 650 ft Printing Date: 9/28/2020 Prepared by: City of Oshkosh, WI Oshkosh �x A tt � M � r� 1C Ji r El City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclaimer �y« o Ea r, ., d v Fr N 1 in = 0.1 mi 1 in=550ft Printing Date: 9/28/2020 Oshkosh Prepared by: City of Oshkosh, WI fi