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HomeMy WebLinkAbout13. 22-25JANUARY 25, 2022 22-25 RESOLUTION (CARRIED___7-0____LOST________LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE RELEASE OF STORM SEWER EASEMENT INTERESTS LOCATED ON PARTS OF 1100 WITZEL AVENUE INITIATED BY: CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby releases storm sewer easement interests located on parts of 1100 Witzel Avenue, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: January 20, 2022 RE: Approve Release of Storm Sewer Easement Interests Located on Parts of 1100 Witzel Avenue BACKGROUND The City of Oshkosh is requesting the release of storm sewer easement interests located at three separate locations on the subject property. The subject site involves a 13 acre property which is the location of Lourdes Academy private school. The City was granted a storm sewer easement to construct facilities on Lourdes’ property along Josslyn Street in 2002. Although the facilities were constructed with the owner’s permission, the easement was not recorded with the Winnebago County Register of Deeds. ANALYSIS The three easements are each ten feet wide, 15 feet deep and 150 square feet in area. They are all located adjacent to the public sidewalk along the west side of Josslyn Street. The purpose of the easement was to assist with storm water runoff from Lourdes’ property. The Department of Public Works has determined that the City no longer needs these facilities and is proposing to have the easement released. The existing utilities will be abandoned in-place, and the City will no longer be responsible for maintenance. Once the easement is released, Lourdes may continue to use, maintain or remove the utility at its discretion. The Department of Public Works is coordinating with the City Attorney’s office to prepare necessary documents to release the easements. Since the original easement document was not recorded, the intention is not to record this release. However, Lourdes does have option to record the release to avoid potential title questions and concerns. RECOMMENDATION The Plan Commission recommended release of the storm sewer easement interests on January 18, 2022. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager ITEM: RELEASE OF STORM SEWER EASEMENT INTERESTS LOCATED ON PARTS OF 1100 WITZEL AVENUE (LOURDES ACADEMY) Plan Commission meeting of January 18, 2022. GENERAL INFORMATION Applicant: City of Oshkosh Department of Public Works Owner: Lourdes Academy of Oshkosh, Wisconsin Inc. Actions Requested: The City of Oshkosh is requesting the release of storm sewer easement interests located at three separate locations on the subject property. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject site involves a 13 acre property which is the location of Lourdes Academy private school. In 2002, the City was granted a storm sewer easement to construct facilities on Lourdes’ property along Josslyn Street. Although the facilities were constructed with the owner’s permission, the easement was not recorded with the Winnebago County Register of Deeds. ANALYSIS The three easements are each ten feet wide, 15 feet deep and 150 square feet in area. They are all located adjacent to the public sidewalk along the west side of Josslyn Street. The purpose of the easement was to assist with storm water runoff from Lourdes’ property. The Department of Public Works has determined that the City no longer needs these facilities and is proposing to have the easement released. The existing utilities will be abandoned in-place, and the City will no longer be responsible for maintenance. Once the easement is released, Lourdes may continue to use, maintain or remove the utility at its discretion. The Department of Public Works is coordinating with the City Attorney’s office to prepare necessary documents to release the easements. The Common Council will consider the release at its January 25, 2022 meeting. Since the original easement document was not recorded, the intention is not to record this release. However, Lourdes does have option to record the release to avoid potential title questions and concerns. RECOMMENDATION/CONDITIONS Staff recommends approval of the release of storm sewer easement interests at 1100 Witzel Avenue as proposed. Item I – Release Easement - west side of the 2400 Through 2700 Blocks of Clover Street, north to the south side of W. Fernau Avenue 2 The Plan Commission recommended approval of the release of the storm sewer easement interests on January 18, 2022. The following is their discussion on the item. Site Inspections Report: No visits were reported. Staff report accepted as part of the record. The City of Oshkosh is requesting the release of storm sewer easement interests located at three separate locations on the subject property. Mr. Nau presented the item. The subject site involves a 13 acre property which is the location of Lourdes Academy private school. The City was granted a storm sewer easement to construct facilities on Lourdes’ property along Josslyn Street in 2002. Although the facilities were constructed with the owner’s permission, the easement was not recorded with the Winnebago County Register of Deeds. The three easements are each ten feet wide, 15 feet deep and 150 square feet in area. They are all located adjacent to the public sidewalk along the west side of Josslyn Street. The purpose of the easement was to assist with storm water runoff from Lourdes’ property. The Department of Public Works has determined that the City no longer needs these facilities and is proposing to have the easement released. The existing utilities will be abandoned in-place, and the City will no longer be responsible for maintenance. Once the easement is released, Lourdes may continue to use, maintain or remove the utility at its discretion. The Department of Public Works is coordinating with the City Attorney’s office to prepare necessary documents to release the easements. Since the original easement document was not recorded, the intention is not to record this release. However, Lourdes does have option to record the release to avoid potential title questions and concerns. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Mr. Perry opened up technical questions to staff. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. There were no public comments on this item. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Scheuermann. Item I – Release Easement - west side of the 2400 Through 2700 Blocks of Clover Street, north to the south side of W. Fernau Avenue 3 Motion carried 7-0. DOVE STJOSSLYN STFOSTERSTDURFEE AVGUENTHER STMASON STNATIONAL AV FAUST AV SOUTHLAND AV WITZEL AVN SAWYER STS SAWYER STH:\jeffn\Planning Base Map - Jeff 2021.mxd User: jeffn Subject Site Release Easemen ts 11 00 Witzel Av en ue 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/GISdisclaimer Printing Date: 1/3/2022 1 in = 200 ft 1 in = 0.04 mi¯ 100 0 100 20050 Feet Prepared by: City of Oshkosh, WI Subject Site Subject Site MASON STPORTER AV DOVE STW 2ND AV JOSSLYN STSLARKSTN CA MPBEL L RDSOUTHLAND AV DURFEE AVN EAGLE STBISMARCK AV CLAYTON CTN EAGLE STS MEADOWSTS EAGLE STN LARK STGLEN AV W 4TH AV W 5TH AV FOSTER STN LARK STHAWK STGUENTHER STKNAPP STRUSH AV NATIONAL AV FAUST AV W 4TH AV W 3RD AV D E M P S E Y T R BISMARCK AV W 4TH AVNMEADOWSTS SAWYER STKNAPP STWITZEL AVN SAWYER STII I I I I I-PD I-PD MR-12 MR-12 MR-20 NMU RMU RMU-PD SR-5 SR-5 SR-5 SR-9 SR-9 SR-9 UI UI UI UI-PD UMU UMU UMU UMU UMU UMU UMU UMU-PD H:\jeffn\Planning Base Map - Jeff 2021.mxd User: jeffn Subject Site Re lease E asem en ts 11 0 0 Wit zel Av en u e 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/GISdisclaimer Printing Date: 1/3/2022 1 in = 500 ft 1 in = 0.09 mi¯ 250 0 250 500125 Feet Prepared by: City of Oshkosh, WI JOSSLYN STGUENTHER STMASON STDURFEE AV NATIONAL AV FAUST AV SOUTHLAND AV WITZEL AV S SAWYER STN SAWYER STH:\jeffn\Planning Base Map - Jeff 2021.mxd User: jeffn Subject Site Re lease E asem en ts 11 0 0 Wit zel Av en u e 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/GISdisclaimer Printing Date: 1/4/2022 1 in = 175 ft 1 in = 0.03 mi¯ 150 0 15075 Feet Prepared by: City of Oshkosh, WI Subject Site Subject Site