HomeMy WebLinkAbout01. 22-454 RESNOVEMBER 9, 2022 22-454 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE FINAL RESOLUTION FOR PARTIAL RIGHT-OF-WAY
VACATION FOR A PORTION OF EAST 9TH AVENUE
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 September 13, 2022 at a regular meeting
of the Common Council for a partial right-of-way vacation for a portion of East 9th
Avenue, 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 9th day of November, 2022 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 Third 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 portion of
East 9th Avenue as described in “Exhibit A” in the Third Ward, City of Oshkosh,
Winnebago County, Wisconsin, is hereby vacated and discontinued;
NOVEMBER 9, 2022 22-454 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
PARTIAL VACATION OF E. 9TH AVENUE
PART OF E. 9TH AVENUE, ORIGINAL 3RD WARD PLAT, CITY OF OSHKOSH,
WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
PART OF E. 9TH AVENUE IN THE ORIGINAL 3RD WARD PLAT, CITY OF OSHKOSH,
WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF BLOCK 18 OF THE ORIGINAL 3RD
WARD PLAT, CITY OF OSHKOSH; THENCE N89°33'01"W, 30.23 FEET ALONG THE
SOUTH RIGHT-OF-WAY LINE OF E. 9TH AVENUE; THENCE N89°11'48"W, 69.16
FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE; THENCE N88°29'38"E, 13.43 FEET;
THENCE EASTERLY, 87.40 FEET ALONG THE ARC OF A 333.00 FOOT RADIUS
CURVE TO THE LEFT HAVING A CHORD WHICH BEARS N80°58'31"E AND IS 87.15
FEET IN LENGTH TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID
BLOCK 18; THENCE S00°24'09"W, 15.23 FEET ALONG SAID EXTENSION TO THE
POINT OF BEGINNING. SAID PARCEL CONTAINS 0.0119 ACRES OF LAND MORE
OR LESS. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.