HomeMy WebLinkAboutResolution 22-249 Vacate E 8th AveDocument Number
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903-1130
VACATE PORTION OF
EAST 8TH AVENUE
(RESOLUTION 22-249)
Recording Area
Name and Return Address V
City Attorney Office
PO Box 1130
Oshkosh, WI 54903-1130
Parcel Identification Number (PIN)
90301490000,90301420000,9031380000,
903013990100,90301550200
STATE OF WISCONSIN )
COUNTY OF WINNEBAGO )SS
CITY OF OSHKOSH )
I, Jessi L. Balcom, City Clerk for the City of Oshkosh, Winnebago County,
Wisconsin, do hereby certify that the foregoing resolution (22-249) is a true
and correct copy of the original on file in my office, adopted by the Common
Council of the City of Oshkosh, Wisconsin at the meeting held on June 28,
2022.
Witness my hand and the Corporation seal of the City of Oshkosh,
Wisconsin.
DATED: September 29, 2022
City Clerk of the City of Oshkosh,
Winnebago County, Wisconsin
JUNE 28, 2022 22-249 RESOLUTION
(CARRIED-1-- 0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE FINAL RESOLUTION FOR PARTIAL RIGHT-OF-WAY
VACATION FOR THE PORTION OF EAST 8TH AVENUE ON
THE EAST SIDE OF SOUTH MAIN STREET
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 May 10, 2022 at a regular meeting of the
Common Council for a partial right-of-way vacation for the portion of East 81h Avenue on
the east side of South Main Street, 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 28th day of June 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 between blocks 12 and 13 of the plat of the original
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
East 8th Avenue as described in "Exhibit A" in the 28th A Ward, City of Oshkosh,
JUNE 28, 2022 22-249 RESOLUTION
CONT'D
Winnebago County, Wisconsin, is hereby vacated and discontinued;
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.
DESCRIPTION FOR PARTIAL VACATION OF EAST 8TH AVENUE:
BEING PART OF E. 8TH AVENUE LOCATED BETWEEN BLOCKS 12 AND 13 OF THE
PLAT OF THE ORIGINAL 3RD WARD OF THE CITY OF OSHKOSH, 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 FROM THE SOUTHWEST CORNER OF SECTION 24; THENCE
N89°51'26"E, 1,181.07 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF
SECTION 24 TO THE SOUTHERLY EXTENSION OF THE WEST LINE OF BLOCK 13
IN THE PLAT OF THE ORIGINAL 3RD WARD OF THE CITY OF OSHKOSH; THENCE
N00001'13"E,191.34 FEET ALONG SAID EXTENDED WEST LINE AND WEST LINE OF
BLOCK 13 TO THE NORTHWEST CORNER OF BLOCK 13 ALSO BEING THE
SOUTHEAST CORNER OF S. MAIN STREET AND E. 8TH AVENUE; THENCE
S89°19'08"E, 20.00 FEET ALONG THE SOUTH LINE OF E. 8TH AVENUE AND THE
POINT OF BEGINNING; THENCE CONTINUING S89°19'08"E, 641.31 FEET ALONG
SAID SOUTH LINE TO THE NORTHWEST CORNER OF BLOCK 14 IN THE PLAT OF
THE ORIGINAL 3RD WARD OF THE CITY OF OSHKOSH; THENCE N00°31'55"E,
60.00 FEET TO THE NORTHEAST CORNER OF E. 8TH AVENUE; THENCE
N89°19'08"W, 641.84 FEET ALONG THE NORTH LINE OF E. 8TH AVENUE; THENCE
S00001'36"W, 60.00 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINS
38,494 SQUARE FEET OR 0.884 ACRES, MORE OR LESS.
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n z 3 I 4 6 7 5-18 16-N NW L2 - N00°01'13"E, 191.34'
24 17 $ 9 10 L3 - S89°19'08"E, 20.00'
c E 2 I L4 - S89°19'08"E, 641.31'
L5 - N00°31'55"E, 60.00'
23 L6 - N89°19'08"W, 641.84'
22 13 14 15 16 17 18 19 20 21 22 L7 - S00001'36"W, 60.00'
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