HomeMy WebLinkAboutItem 1.A. - 1.B.
PLAN COMMISSION STAFF REPORT DECEMBER 6, 2022
ITEM IA: ACCEPT SANITARY SEWER EASEMENTS NORTHEAST OF VACATED E.
8TH AVENUE
ITEM IB: RELEASE EASEMENT RIGHTS WITHIN PART OF VACATED E 8TH
AVENUE
GENERAL INFORMATION
Applicant: City Administration
Owners: City of Oshkosh, City of Oshkosh Redevelopment Authority
Actions Requested: The City of Oshkosh is requesting acceptance of three sanitary easements
located northeast of Vacated E. 8th Avenue and the release of easement rights over a portion of
Vacated E. 8th Avenue.
Applicable Ordinance Provisions: N/A
Property Location and Background Information:
The area of these requests are located within the City’s Sawdust District, generally situated
south of the Fox River, west of Lake Winnebago and adjacent to S. Main Street to the west. The
City is working with T. Wall Enterprises for plans of a large-scale mixed-use development east
of S. Main Street and south of the Fox River. The proposed easements and release of easement
rights are small items required to allow this development move forward.
ANALYSIS
Proposed Sanitary Sewer Easements:
The City is requesting approval of three small
easements located northeast of recently vacated E.
8th Avenue. Two of the easements are to be
granted by the City of Oshkosh Redevelopment
Authority (RDA) while the third, located in
between the RDA easements, being granted by the
City to the City (Figure 1). The easements are
needed for an existing dual sanitary force mains
which crosses the Fox River from the northeast,
then heads westward within Vacated E. 8th
Avenue. The easements are needed to ensure the
City continues to have legal access to the force
main after the underlying land is disposed of.
Access is essential for maintenance, repair and
replacement of the mains when needed.
Easement 1
(RDA to City)
Easement 2
(City to City)
Easement 3
(RDA to City)
Figure 1
Page 1
Items I-A & I-B – Accept Sanitary Sewer Easements & Release Easement Rights – Vacated E. 8th Avenue 2
Proposed Release of Easement Rights:
Figure 2
The City is requesting the release of easement rights of the southern 12 feet of vacated E. 8th
Avenue (Figure 2). Per statute, government entities retain rights to access, maintain/repair and
replace facilities located within vacated rights-of-way. T. Wall’s submitted plans show
structures potentially encroaching into the southern part of former E. 8th Avenue. The
Department of Public Works reviewed this and determined the southern 12 feet of vacated E. 8th
Avenue was not needed to provide service to the existing sanitary force main.
The RDA, which is the current owner of the underlying land of two of the proposed easements
and the proposed release of easement rights reviewed this request and recommended approval.
The City Attorney’s office has drafted the necessary easement documents. T. Wall Enterprises
has been informed of this request as they must give consent to any contractual obligations
including easements. Final and signed easement documents will be signed and recorded at the
Winnebago County Register of Deeds after Common Council approval.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the acceptance of the proposed sanitary sewer easements and the
release of easement rights within vacated E. 8th Avenue as requested.
Release
Easement
Rights
Page 2
Page 3
Page 4
SS
MM
AA
II
NN
SS
TT E 9TH AVE 9TH AV
E 10TH AV
E 10TH AV
E 7TH AVE 7TH AV
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 10/10/2022
1 in = 130 ft1 in = 0.02 mi¯8TH AVE8TH AVE
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
Page 5
HI
RMU-PD
I-PD-RFO
UMU
TR-10
CMU
CMU-PD
UMU-PD
CMU-PD
RMU-PD-RFO
UMU
RMU-PD-RFO
RMU-RFO
RMU-PD-RFO
RMU-PD
RMU-PD
Riverside Park
S MAIN ST
S MAIN ST
W 9TH AVW 9TH AV
S MAIN ST BRIDGE
S MAIN ST BRIDGE
EE 1100TTHH AAVV
E 9TH AVE 9TH AV
PPIIOONNEEEERRDDRR
W 7TH AVW 7TH AV
W 6TH AVW 6TH AV
W 8TH AVW 8TH AV
W 10TH AVW 10TH AV
E 7TH AVE 7TH AV
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 10/10/2022
1 in = 200 ft1 in = 0.04 mi¯8TH AVE8TH AVE
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
Page 6
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 10/10/2022
1 in = 130 ft1 in = 0.02 mi¯8TH AVE8TH AVE
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
Page 7