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HomeMy WebLinkAbout03-13.docJANUARY 14, 2003 FIRST READING 03-13 ORDINANCE (CARRIED LOST LAID OVER WITHDRAWN .) PURPOSE: BRAYTON ANNEXATION INITIATED BY: JACK MARK, ETAL PLAN COMMISSION ACTION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ANNEXING CERTAIN TERRITORY IN THE CITY OF OSHKOSH AND SPECIFICALLYTO THE 13TH WARD OF SAID CITY. WHEREAS, an annexation petition duly circulated has heretofore been signed by the owners of more than 50% of the land in the area within such territory, and a majority of the electors residing in said territory, notice of intention to circulate an annexation petition for direct annexation having been duly published, and a copy of said notice with a scale map reasonably showing the boundaries of the area sought to be annexed and its relation to the municipalities involved, having been duly served upon the affected municipal and school district clerks and the Director of the Municipal Boundary Review of the State of Wisconsin, Department of Commerce within five (5) days of the date of publication of said notice, adoption of this Ordinance shall constitute acceptance of the petition of annexation; and WHEREAS, more than twenty (20) days have lapsed since the publication of the notice of intention to circulate such annexation petition and not more than one hundred twenty (120) days have lapsed since the filing of the annexation petition; and WHEREAS, the Director of the Municipal Boundary Review of the State of Wisconsin, Department of Commerce has issued his opinion that the annexation is not contrary to the public interest; and WHEREAS, the Plan Commission of the City of Oshkosh has recommended that said property be temporarily zoned as follows: R-1 Single Family, R-3 Multiple Dwelling and C-2 General Commercial. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: JANUARY 14, 2003 FIRST READING 03-13 ORDINANCE CONTD SECTION 1. The following described territory, pursuant to a duly circulated and filed annexation petition for direct annexation is hereby annexed to and made part of the City of Oshkosh, a municipal corporation located in Winnebago County, more specifically in the 13th Ward of said City, and subject to all the laws governing the same, all in accordance with Section 66.0217 of the Wisconsin Statutes and the amendments thereto: (as described in the attached "Exhibit A") SECTION 2. Sections 1-28 and 1-29 of the Oshkosh Municipal Code pertaining to Boundaries, Wards, Polls, Benchmarks are hereby amended so as to reflect the provisions of this Ordinance and the proper City officials are hereby authorized and directed to make such changes. SECTION 3. The proper City officials are hereby authorized and directed to comply with the following requirements of Section 66.0217(9) of the Wisconsin Statutes and the City Clerk shall give written notice to the appropriate Town Clerk of the acceptance of the annexation petition and the adoption of this Ordinance. SECTION 4. Said property hereinabove described is hereby temporarily zoned as follows: R-1 Single Family, R-3 Multiple Dwelling and C-2 General Commercial (per the attached "Exhibit B"). SECTION 5. This Ordinance shall be in full force and effect from and after its passage and publication. "EXHIBIT A" BRAYTON ANNEXATION DESCRIPTION: ALL OF LOT 1 OF CERTIFIED SURVEY MAP NO. 748 AS RECORDED IN VOLUME 1 OF CERTIFIED SURVEY MAPS ON PAGE 748 AND PART OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 33, TOWNSHIP 18 NORTH, RANGE 16 EAST, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN, LOT 1 OF CERTIFIED SURVEY MAP NO. 1885 AS RECORDED IN VOLUME 1 OF CERTIFIED SURVEY MAPS ON PAGE 1885, LOT 1 OF CERTIFIED SURVEY MAP NO. 2194 AS RECORDED IN VOLUME 1 OF CERTIFIED SURVEY MAPS ON PAGE 2194 AND PART OF THE NORTHWEST ¼ OF THE FRACTIONAL NORTHEAST ¼, PART OF THE SOUTHWEST ¼ OF THE FRACTIONAL NORTHEAST ¼ AND LOT 1 OF CERTIFIED SURVEY MAP NO. 1785 AS RECORDED IN VOLUME 1 OF CERTIFIED SURVEY MAPS ON PAGE 1785, LOCATED IN THE NORTHEAST ¼ OF THE FRACTIONAL NORTHWEST ¼, ALL LOCATED IN SECTION 4, TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF NEKIMI, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH ¼ CORNER OF SECTION 33, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE N00°43'30"W, 290.40 FEET ALONG THE WEST LINE OF CERTIFIED SURVEY MAP NO. 748; THENCE N89°23'11"E, 150.00 FEET ALONG THE NORTH LINE OF SAID CERTIFIED SURVEY MAP; THENCE S00°43'30"E, 290.40 FEET ALONG THE EAST LINE OF SAID CERTIFIED SURVEY MAP TO THE SOUTH LINE OF THE SOUTHEAST ¼ OF SECTION 33; THENCE N89°23'11"E, 1038.38 FEET ALONG SAID SOUTH LINE; THENCE N00°46'22"W, 196.00 FEET ALONG THE WEST LINE OF LANDS RECORDED IN DOCUMENT NUMBER 0707658; THENCE N89°23'11"E, 150.00 FEET ALONG THE NORTH LINE OF SAID RECORDED LANDS; THENCE S00°46'22"E, 196.00 FEET ALONG THE EAST LINE OF SAID RECORDED LANDS TO THE NORTH LINE OF THE FRACTIONAL NORTHEAST ¼ OF SECTION 4, TOWNSHIP 17 NORTH, RANGE 16 EAST; THENCE N89°23'11"E, 41.82 FEET ALONG SAID NORTH LINE TO THE EAST LINE OF THE NORTHWEST ¼ OF THE FRACTIONAL NORTHEAST ¼ OF SECTION 4; THENCE S00°52'52"E, 2648.86 FEET ALONG SAID EAST LINE AND THE EAST LINE OF THE SOUTHWEST ¼ OF THE FRACTIONAL NORTHEAST ¼ OF SECTION 4 TO THE NORTH LINE OF THE SOUTH 99 FEET OF THE SOUTHWEST ¼ OF THE FRACTIONAL NORTHEAST ¼ OF SECTION 4; THENCE S89°03'46"W, 1347.30 FEET ALONG SAID NORTH LINE TO THE WEST LINE OF THE FRACTIONAL NORTHEAST ¼ OF SECTION 4; THENCE N00°50'51"W, 2623.46 FEET ALONG SAID WEST LINE TO THE SOUTH RIGHT OF WAY LINE OF W. WAUKAU AVENUE; THENCE S89°23'11"W, 34.55 FEET ALONG SAID SOUTH LINE; THENCE S89°19'32"W, 452.98 FEET ALONG SAID SOUTH LINE TO THE EAST LINE OF LOT 1 OF CERTIFIED SURVEY MAP NO. 1785; THENCE S00°40'28"E, 328.50 FEET ALONG SAID EAST LINE; THENCE S89°19'32"W, 232.00 FEET ALONG THE SOUTH LINE OF SAID LOT 1; THENCE N00°40'28"W, 362.50 FEET ALONG THE WEST LINE OF SAID LOT 1 TO THE NORTH LINE OF THE FRACTIONAL NORTHWEST ¼ OF SECTION 4; THENCE N89°19'32"E, 684.99 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 85.9685 ACRES OF LAND MORE OR LESS.