HomeMy WebLinkAboutApprove Final Res for Partial Right of Way Vacation W Side S Main Between W8th and W9th .
V ORDINANCE— 111111$ 7 7 I 6 1 4
Approve Final Resolution for Partial Right-of-Way Tx:4 6 47
Document Number Vacation of the West Side of South Main Street
Between West 8th and West 9th Avenues DOC# 1871307
NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
12/16/2021 10:30 AM
RECEIVED RECORDING FEE: 30.00
PAGES: 5
JAN 21 2021
CITY CLERKS OFFICE Recording Area
Name and Return Address
City Attorney Office
PO Box 1130
Oshkosh,WI 54903-1130
_4(AI&
0301300100
Parcel Identification Number(PIN)
Property Description—see attached Exhibit A
This instrument drafted by:
Kayla Wesner
Oshkosh,WI 54903-1130
November 30,2021
NOVEMBER 23, 2021 21-560 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE FINAL RESOLUTION FOR PARTIAL RIGHT-OF-WAY
VACATION OF THE WEST SIDE OF SOUTH MAIN STREET
BETWEEN WEST 8TH AND WEST 9TH AVENUES
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 October 12, 2021 at a regular meeting of
the Common Council for a partial right-of-way vacation of the west side of South Main
Street between West 8th and West 9th Avenues, in the City of Oshkosh, with the partial
right-of-way being vacated described 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 in the City
Hall,City of Oshkosh,Winnebago County,on the 23rd day of November,2021 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 3rd 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 part of
South Main Street as described in "Exhibit A" in the 3rd Ward, City of Oshkosh,
Winnebago County,Wisconsin, is hereby vacated and discontinued;
NOVEMBER 23, 2021 21-560 RESOLUTION
CONT'D
BE IT FURTHER RESOLVED that the City of Oshkosh approves this partial 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 a map showing the location of said vacated street or alley
in the Office of the Register of Deeds for Winnebago County.
•
EXHIBIT A
DESCRIPTION FOR PART OF THE WEST SIDE OF SOUTH MAIN STREET
BETWEEN WEST 8TH AND WEST 9TH AVENUES:
A PORTION OF SOUTH MAIN STREET AS DEDICATED IN VOLUME 1, CERTIFIED
SURVEY MAPS, PAGE 6242 (DOCUMENT NUMBER 1475152), WINNEBAGO
COUNTY RECORDS, SAID MAP BEING PART OF BLOCK 10 OF THE PLAT OF
ORIGINAL THIRD WARD, LOCATED IN PART OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 24, T18N-R16E, THIRD WARD, CITY OF OSHKOSH,
WINNEBAGO COUNTY, WISCONSIN,MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF VOLUME 1,CERTIFIED SURVEY
MAPS, PAGE 6242, WINNEBAGO COUNTY RECORDS, SAID POINT BEING THE
INTERSECTION OF THE SOUTH 30 FOOT RIGHT OF WAY OF WEST 8TH AVENUE
AND THE WEST 30 FOOT RIGHT OF WAY OF SOUTH MAIN STREET; THENCE
SOO°00'18"E, 77.04 FEET ALONG THE EAST LINE OF SAID MAP TO THE POINT OF
BEGINNING; THENCE CONTINUING SOO°00'18"E, 12.10 FEET ALONG SAID LINE
TO THE NORTHEAST CORNER OF LOT 2 OF SAID MAP;THENCE S89°59'42"W,10.00
FEET ALONG SAID LOT; THENCE N00°00'18"W, 22.10 FEET ALONG SAID LOT;
THENCE S45°00'18"E, 14.14 FEET TO THE POINT OF BEGINNING.
RIGHT-OF-WAY TO BE VACATED CONTAINS 171 SQ. FT.,MORE OR LESS.
SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
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