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HomeMy WebLinkAbout16. 22-494NOVEMBER 22, 2022 22-494 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: ACCEPT WATER MAIN EASEMENT 3 ON THE SOUTH SIDE OF OMRO ROAD EAST OF 2251 OMRO ROAD INITIATED BY: CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS PLAN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 accepts a water main easement on the south side of Omro Road, east of 2251 Omro Road (Tax ID 002008802), 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: November 17, 2022 RE: Accept Water Main Easement 3 on the South Side of Omro Road East of 2251 Omro Road BACKGROUND The City of Oshkosh is requesting acceptance of three easements forming a 20-foot wide overall water main easement located between Omro Road and State Highway 21, west of Brooks Lane and east of Horicon Bank. The subject site consists of three lots owned by the Town of Algoma, two of which are located in the City and one in the Town of Algoma. This request is for Easement 3 (Tax ID 002008802) located in the Town of Algoma. In 2013 the City constructed 8-inch water main through the properties to complete a looped system with the Town’s consent. Easement documents were initially prepared, but did not go through the full approval process. Horicon Bank is in the process of purchasing the three lots for a proposed parking lot expansion. The City wants to have the easements secured prior to the land transfer. ANALYSIS The easement is 20 feet wide, centered on the existing water main, running north-south approximately 170 feet between the Omro Road and State Highway 21 rights-of-way. The easement will allow the City continued access to maintain, repair, or replace the water facilities as needed. The City Attorney’s office has drafted the necessary easement documents. The Department of Public Works does not have concerns with the proposed easement. Public Works staff have been in contact with the Town of Algoma and the Town is agreeable to granting the easements. RECOMMENDATION The Plan Commission recommended acceptance of the easement on November 15, 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: APPROVE ACCEPTANCE OF A 20’ WATER MAIN EASEMENT EAST OF 2251 OMRO ROAD GENERAL INFORMATION Applicant: City of Oshkosh Owner: Town of Algoma Actions Requested: The City of Oshkosh is requesting acceptance of three easements forming a 20-foot wide overall water main easement. located between Omro Road and State Highway 21, west of Brooks Lane and east of Horicon Bank. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject site consists of three lots owned by the Town of Algoma; two of which are located in the City and one in the Town of Algoma. The lots are located between Omro Road and State Highway 21, west of Brooks Lane and east of Horicon Bank, 2251 Omro Road. In 2013, the City, with the Town’s consent, constructed 8-inch water main through the properties to complete a looped system. Easement documents were initially prepared but did not go through the full approval process. Horicon Bank is in the process of purchasing the three lots for a proposed parking lot expansion. The City wants to have the easements secured prior to the land transfer. ANALYSIS The easement is 20 feet wide, centered on the existing water main, running north-south approximately 170 feet between the Omro Road and State Highway 21 rights-of-way. The easement will allow the City continued access to maintain, repair or replace the water facilities as needed. The City Attorney’s office has drafted the necessary easement documents. The Department of Public Works does not have concerns with the proposed easement. Public Works has been in contact with the Town of Algoma and the Town is agreeable to the granting of the easements. RECOMMENDATION/CONDITIONS Staff recommends approval of the acceptance of the proposed water main easement as requested. The Plan Commission recommended acceptance of the three water main easements on November 15, 2022. The following is their discussion on the item. Site Inspections Report: Mr. Bowen and Ms. Davey reported visiting the site. Item I.E – Accept Storm Water Easements – 3855 S. Washburn Street 2 Staff report accepted as part of the record. The City of Oshkosh is requesting acceptance of three easements forming a 20-foot wide overall water main easement located between Omro Road and State Highway 21, west of Brooks Lane and east of Horicon Bank. 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 easement is 20 feet wide, centered on the existing water main, running north-south approximately 170 feet between the Omro Road and State Highway 21 rights-of-way. The easement will allow the City continued access to maintain, repair or replace the water facilities as needed. The City Attorney’s office has drafted the necessary easement documents. The Department of Public Works does not have concerns with the proposed easement. Public Works has been in contact with the Town of Algoma and the Town is agreeable to the granting of the easements. Staff recommends approval with the findings and conditions as listed in the staff report. 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 Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Bowen. Mr. Perry asked if there was any discussion on the motion. Motion carried 9-0. 20'2 0 ' 10 'SOUTH LINE OF THENORTHEAST 1/4SECTION LINERIGHT OF WAY LINE (TYP.)FIRE HYDRANT (TYP.)TOWN OF ALGOMA PARCELNUMBER 002008802CITY OF OSHKOSH PARCELNUMBER 91621580100PARCEL NUMBER91621580200TOWN OF ALGOMACITY OF OSHKOSHOMRO ROADSTH 21PARCEL NUMBER91621550000EASEMENT 2EASEMENT 1EASEMENT 3WATER MAINCITY OF OSHKOSH ENGINEERING DIVISION GRAPHIC SCALE: (IN FEET)1 INCH = 40 FEET 0 20 40 DRAWN: 11-15-2022 FILE NAME: Algoma Easement Sketch EXHIBIT A CITY OF OSHKOSH WATER MAIN EASEMENT HWY 21 TO OMRO ROAD LEGAL DESCRIPTION EASEMENT 1, 20’ WIDE WATER MAIN UTILITY EASEMENT: Part of the Northwest 1/4 of the Southeast 1/4, all in Section 16, Township 18 North, Range 16 East, in the City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the Northeast corner of the Southeast 1/4 of said section 16; thence North 89 degrees 49 minutes 53 seconds West 1614.03 feet, along the North line of the Southeast 1/4 of section 16, to the Northwest corner of parcel number 91621580100 which is the point of beginning; thence South a distance of 120.43 feet along the West property line of parcel number 91621580100 to the Northerly right-of- way line of S.T.H. 21; thence North and East along the North right-of-way of S.T.H. 21 a distance of 21.50 feet; thence North on a line parallel to the West property line of parcel number 91621580100 a distance of 112.54 feet to a point on the North property line of parcel 91621580100; thence West along the North property line a distance of 20.00 feet back to the point of beginning. LEGAL DESCRIPTION EASEMENT 2, 20’ WIDE WATER MAIN UTILITY EASEMENT: Part of the Northwest 1/4 of the Southeast 1/4, all in Section 16, Township 18 North, Range 16 East, in the City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the Northeast corner of the Southeast 1/4 of said section 16; thence North 89 degrees 49 minutes 53 seconds West 1614.03 feet, along the North line of the Southeast 1/4 of section 16, to a point that is the Northeast corner of parcel number 91621580200 which is the point of beginning; thence West along the North property line of parcel number 91621580200 19.16 feet; thence South 50 degrees 13 minutes 43 seconds East 24.86 feet to a point on the East property line of parcel number 91621580200; thence North 15.84 feet along the East property line of parcel number 91621580200, back to the point of beginning. LEGAL DESCRIPTION EASEMENT 3, 20’ WIDE WATER MAIN UTILITY EASEMENT: Part of the Southwest 1/4 of the Northeast 1/4, all in Section 16, Township 18 North, Range 16 East, in the Town of Algoma, Winnebago County, Wisconsin, described as follows: Commencing at the Southeast corner of the Northeast 1/4 of said section 16; thence North 89 degrees 49 minutes 53 seconds West 1601.79 feet, along the South line of the Northeast 1/4 of section 16, to the point of beginning; thence North 50 degrees 13 minutes 43 seconds a distance of 47.46 feet to a point on the southerly right-of-way line of Omro Road; thence South and West along the south right-of-way of Omro Road 54.62 feet; thence Southeast along a line parallel to the South line of the Northeast 1/4 of section 16, 41.72 feet; thence South 50 degrees 13 minutes 43 seconds East 19.62 feet to the South line of the said section 1/4; thence South 89 degrees 49 minutes 53 seconds East 31.39 feet, along the South line of the North 1/4 of section 16, back to the point of beginning. Oshkosh City LimitOshkosh City Limit ·$21 ·$21 OO MM RR OO RR DD NN WWAA SS H H B B UU RR NN SS TT OO MM RR OO RR DDBROOKS LABROOKS LAWI LLOW BEND LAWILLOW BEND LAWW EE SS TTOOWW NNEEAAVVEAST WAY DREAST WAY DR C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/25/2022 1 in = 120 ft1 in = 0.02 mi¯EAST OF OMRO RDEAST OF OMRO RD City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer SMU-PD SMU Oshkosh City LimitOshkosh City Limit ·$21 ·$21 OM RO RDOMRO RD NNWWAASSHHBBUURRNN SSTT OO MM RR OO RR DD W ESTOW NE AVW ESTOW NE AVBROOKS LABROOKS LAAABBRRAAHHAAMMLLAAWWI I LLLLOOWWSSPPRRII NNGGSSRRDDWWIILLLLOO WW WW AAYYDDRR WW IILLLLOOWW BBEENNDD LLAA EAST WAY DREAST WAY DR EGG HARBOR LAEGG HARBOR LAC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/25/2022 1 in = 300 ft1 in = 0.06 mi¯EAST OF OMRO RDEAST OF OMRO RD City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 10/25/2022 1 in = 100 ft1 in = 0.02 mi¯EAST OF OMRO RDEAST OF OMRO RD City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer