HomeMy WebLinkAbout18. 22-523DECEMBER 13, 2022 22-523 RESOLUTION
(CARRIED_______LOST________LAID OVER_______WITHDRAWN_______)
PURPOSE: ACCEPT EASEMENTS FOR VARIOUS MUNICIPAL UTILITIES
IN AND NORTHEAST OF VACATED EAST 8TH AVENUE AND
RELEASE OF RESERVED UTILITY RIGHTS WITHIN A PORTION
OF VACATED EAST 8TH AVENUE
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the City
hereby accepts various easements for municipal utilities in and northeast of vacated East
8th Avenue.
BE IT FURTHER RESOLVED that the City also hereby releases reserved utility
rights within a portion of vacated East 8th 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: December 8, 2022
RE: Accept Easements for Various Municipal Utilities in and Northeast of Vacated East
8th Avenue and Release of Reserved Utility Rights within a Portion of Vacated
East 8th Avenue
BACKGROUND
The City of Oshkosh is requesting acceptance of three municipal easements located northeast of
vacated East 8th Avenue and the release of reserved utility rights within a portion of vacated
East 8th Avenue. The remaining portion of vacated East 8th Avenue will retain a statutory
municipal utility easement within the former right of way, of which the terms will be clarified
and defined by separate recorded document. 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 South Main Street to the west. The City is working with T. Wall Enterprises for plans
of a large-scale mixed-use development east of South Main Street and south of the Fox River.
The proposed easements and release of easement rights are required to allow this development
move forward.
ANALYSIS
The City is requesting approval of three small municipal easements located northeast of recently
vacated East 8th Avenue. Two of the easements are to be granted by the City of Oshkosh
Redevelopment Authority while the third, located in between the RDA easements, is to be
granted by the City to the City. The portion of the existing easement located in the vacated East
8th Avenue right of way is also being further defined and clarified by a separate document. The
easements are needed for an existing dual sanitary force mains which cross the Fox River from
the northeast, then heads westward within vacated East 8th Avenue. The easements are needed
to ensure the City continues to have legal access to the municipal utilities after a portion of the
underlying land is disposed of. Access is essential for maintenance, repair, and replacement of
the mains when needed.
The City is also requesting the release of reserved utility rights of the southern 12 feet of vacated
East 8th Avenue. 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 East 8th Avenue. The
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Department of Public Works reviewed this request and determined that the southern 12 feet of
vacated East 8th Avenue were not needed to provide service to the existing municipal utilities.
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 easement documents will be signed and recorded at the Winnebago
County Register of Deeds after Common Council approval.
RECOMMENDATION
The Redevelopment Authority recommended acceptance of the easements and release of the
reserved utility rights on September 21, 2022 and the Plan Commission recommended
acceptance of the easements and release of the reserved utility rights on December 6, 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: ACCEPT SANITARY SEWER EASEMENTS NORTHEAST OF VACATED E.
8TH AVENUE
ITEM: RELEASE EASEMENT RIGHTS WITHIN PART OF VACATED E 8TH
AVENUE
Plan Commission meeting of December 6, 2022.
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.
Easement 1
(RDA to City)
Easement 2
(City to City)
Easement 3
(RDA to City)
Figure 1
Items I-A & I-B – Accept Sanitary Sewer Easements & Release Easement Rights – Vacated E. 8th Avenue 2
Access is essential for maintenance, repair and replacement of the mains when needed.
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.
The Plan Commission recommended acceptance and release of the easements as requested on
December 6, 2022. The following is their discussion on the item.
Site Inspections Report: No Commissioner reported visiting the site.
Staff report accepted as part of the record.
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. Mr. Nau presented the item and reviewed the site and surrounding area as well as the
land use and zoning classifications in this area.
Mr. Perry opened up technical questions to staff.
Release
Easement
Rights
Items I-A & I-B – Accept Sanitary Sewer Easements & Release Easement Rights – Vacated E. 8th Avenue 3
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 Scheuermann.
Mr. Perry asked if there was any discussion on the motion.
SANITARY SEWER EASEMENT #1 – AREA “C” ON ATTACHED EXHIBIT
BEING PART OF LOT 2 OF CERTIFIED SURVEY MAP NO. 7947 AS RECORDED IN DOCUMENT NO. 1888688,
LOCATED IN THE SOUTHWEST ¼ OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF
OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 24; THENCE N80°49'23"E, 1216.73 FEET TO
THE NORTHWEST CORNER OF LOT 1 OF CERTIFIED SURVEY MAP NO. 7947; THENCE N00°01'36"E, 60.00
FEET ALONG THE WEST LINE OF VACATED E. 8TH AVENUE TO THE SOUTH LINE OF BLOCK 12 OF THE
ORIGINAL THIRD WARD PLAT OF THE CITY OF OSHKOSH; THENCE S89°19'08"E, 738.19 ALONG SAID
SOUTH LINE AND ITS EXTENSION TO THE EAST TO THE POINT OF BEGINNING; THENCE N28°47'01"E,
18.53 FEET TO THE SOUTHWESTERLY LINE OF DISCONTINUED PIONEER DRIVE; THENCE S43°14'06"E,
22.69 FEET ALONG SAID SOUTHWESTERLY LINE TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF
SAID BLOCK 12; THENCE N89°19'08"W, 24.47 FEET ALONG SAID EASTERLY EXTENSION TO THE POINT OF
BEGINNING. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. SAID PARCEL CONTAINS
0.0046 ACRES OF LAND.
SANITARY SEWER EASEMENT #2 – AREA “D” ON ATTACHED EXHIBIT
BEING PART OF DISCONTINUED PIONEER DRIVE LOCATED IN THE SOUTHWEST ¼ OF SECTION 24,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN,
BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 24;
THENCE N80°49'23"E, 1216.73 FEET TO THE NORTHWEST CORNER OF LOT 1 OF CERTIFIED SURVEY MAP
NO. 7947; THENCE N00°01'36"E, 60.00 FEET ALONG THE WEST LINE OF VACATED E. 8TH AVENUE TO THE
SOUTH LINE OF BLOCK 12 OF THE ORIGINAL THIRD WARD PLAT OF THE CITY OF OSHKOSH; THENCE
S89°19'08"E, 738.19 ALONG SAID SOUTH LINE AND ITS EXTENSION TO THE EAST; THENCE N28°47'01"E,
18.53 FEET TO THE SOUTHWESTERLY LINE OF DISCONTINUED PIONEER DRIVE AND THE POINT OF
BEGINNING; THENCE CONTINUING N28°47'01"E, 63.08 FEET TO THE NORTHEASTERLY LINE OF
DISCONTINUED PIONEER DRIVE; THENCE S43°14'06"E, 42.05 FEET ALONG SAID NORTHEASTERLY LINE;
THENCE S28°47'01"W, 63.08 FEET TO THE SOUTHWESTERLY LINE OF SAID DISCONTINUED PIONEER
DRIVE; THENCE N43°14'06"W, 42.05 FEET ALONG SAID SOUTHWESTERLY LINE TO THE POINT OF
BEGINNING. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. SAID PARCEL CONTAINS
0.0579 ACRES OF LAND.
SANITARY SEWER EASEMENT #3 – AREA “E” ON ATTACHED EXHIBIT
BEING PART OF THE SOUTHWEST ¼ OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF
OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHWEST CORNER OF SECTION 24; THENCE N80°49'23"E, 1216.73 FEET TO THE NORTHWEST
CORNER OF LOT 1 OF CERTIFIED SURVEY MAP NO. 7947; THENCE N00°01'36"E, 60.00 FEET ALONG THE
WEST LINE OF VACATED E. 8TH AVENUE TO THE SOUTH LINE OF BLOCK 12 OF THE ORIGINAL THIRD
WARD PLAT OF THE CITY OF OSHKOSH; THENCE S89°19'08"E, 738.19 ALONG SAID SOUTH LINE AND ITS
EXTENSION TO THE EAST; THENCE N28°47'01"E, 81.61 FEET TO THE NORTHEASTERLY LINE OF
DISCONTINUED PIONEER DRIVE AND THE POINT OF BEGINNING, SAID POINT BEARS S28°47'01"W A
DISTANCE OF 5 FEET MORE OR LESS FROM THE SOUTHWESTERLY BANK OF THE FOX RIVER; THENCE
S43°14'06"E, 42.05 FEET ALONG SAID NORTHEASTERLY LINE; THENCE N28°47'01"E, 10 FEET MORE OR
LESS TO THE SOUTHWESTERLY BANK OF THE FOX RIVER; THENCE NORTHWESTERLY ALONG SAID
SOUTHWESTERLY BANK TO A POINT THAT BEARS N28°47'01"E A DISTANCE OF 5 FEET MORE OR LESS OF
THE POINT OF BEGINNING; THENCE S28°47'01"W, 5 FEET MORE OR LESS TO THE POINT OF BEGINNING.
SUBJECT TO ALL EASEMENT AND RESTRICTIONS OF RECORD. SAID PARCEL CONTAINS 0.008 ACRES OF
LAND MORE OR LESS.
RELEASE OF STATUTORY EASEMENT RIGHTS – AREA “A” ON ATTACHED EXHIBIT
BEING PART OF VACATED EAST 8TH AVENUE ADJACENT TO BLOCKS 12, 13 AND 14 IN THE ORIGINAL
THIRD WARD PLAT OF THE CITY OF OSHKOSH, PART OF LOT 1 OF CERTIFIED SURVEY MAP NO. 6007 AS
RECORDED IS DOCUMENT NO. 1418291 AND PART OF LOT 2 OF CERTIFIED SURVEY MAP NO. 7947 AS
RECORDED IN DOCUMENT NO. 1888688, BEING LOCATED IN THE SOUTHWEST1/4 OF SECTION 24,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN,
BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 24;
THENCE N80°49'23"E, 1216.73 FEET TO THE NORTHWEST CORNER OF LOT 1 OF CERTIFIED SURVEY MAP
NO. 7947 AND THE POINT OF BEGINNING; THENCE N00°01'36"E, 12.00 FEET ALONG THE WEST LINE OF
VACATED E. 8TH AVENUE; THENCE S89°19'08"E, 808.33 FEET TO AN EAST LINE OF LOT 2 OF CERTIFIED
SURVEY MAP NO. 7947; THENCE S43°14'06"E, 16.66 FEET ALONG SAID EAST LINE TO THE EASTERLY
EXTENSION OF A NORTH LINE OF LOT 1 OF SAID CERTIFIED SURVEY MAP NO. 7947; THENCE
N89°19'08"W, 819.75 FEET ALONG EASTERLY EXTENSION AND THE NORTH LINE OF SAID LOT 1 TO THE
POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. SAID PARCEL
CONTAINS 0.2243 ACRES OF LAND.
CLARIFICATION OF STATUTORY EASEMENT RIGHTS IN VACATED E. 8TH AVENUE –
AREA “B” ON ATTACHED EXHIBIT
BEING PART OF VACATED EAST 8TH AVENUE ADJACENT TO BLOCKS 12, 13 AND 14 IN
THE ORIGINAL THIRD WARD PLAT OF THE CITY OF OSHKOSH, PART OF LOT 1 OF
CERTIFIED SURVEY MAP NO. 6007 AS RECORDED IS DOCUMENT NO. 1418291 AND
PART OF LOT 2 OF CERTIFIED SURVEY MAP NO. 7947 AS RECORDED IN DOCUMENT
NO. 1888688, BEING LOCATED IN THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 18
NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN,
BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF SECTION 24; THENCE N80°49'23"E, 1216.73 FEET TO THE NORTHWEST
CORNER OF LOT 1 OF CERTIFIED SURVEY MAP NO. 7947; THENCE N00°01'36"E, 12.00
FEET ALONG THE WEST LINE OF VACATED E. 8TH AVENUE TO THE POINT OF
BEGINNING; THENCE CONTINUING N00°01'36"E, 48.00 FEET ALONG SAID WEST LINE TO
THE SOUTH LINE OF BLOCK 12 OF THE ORIGINAL THIRD WARD PLAT OF THE CITY OF
OSHKOSH; THENCE S89°19'08"E, 762.66 FEET ALONG SAID SOUTH LINE AND ITS
EXTENSION TO THE EAST TO A NORTHEASTERLY LINE OF LOT 2 OF CERTIFIED
SURVEY MAP NO. 7947; THENCE S43°14'06"E, 66.63 FEET ALONG SAID
NORTHEASTERLY LINE; THENCE N89°19'08"W, 808.33 FEET TO THE POINT OF
BEGINNING. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. SAID
PARCEL CONTAINS 0.8656 ACRES OF LAND.
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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
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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
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