HomeMy WebLinkAbout03-413OCTOBER 14, 2003 03-413 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN
PURPOSE: FINAL RESOLUTION VACATING PORTIONS OF FARMSTEAD
LANE AND GREENBRIAR COURT
INITIATED BY: JERRY MATHUSEK
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common
Council has heretofore initiated proceedings on August 26, 2003 at a regular meeting of
the Common Council to vacate and discontinue portions of Farmstead Lane and
Greenbriar Court within the City of Oshkosh and described as follows:
Portions of Farmstead Lane and Greenbriar Court
PART OF FARMSTEAD LANE AND PART OF GREENBRIAR COURT ADJACENT TO LOTS 74 AND 75
AND OUTLOT 1, BEING IN NORTH PARK ESTATES ALL BEING PART OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 36, TOWN 19 NORTH, RANGE 16 EAST, 15TH WARD, CITY OF
OSHKOSH, WINNEBAGO COUNTY, WISCONSIN DESCRIBED AS FOLLOWS: COMMENCING AT
THE WEST 1/4 CORNER OF SAID SECTION 36; THENCE NORTH $9 DEGREES 54 MINUTES 05
SECONDS EAST ALONG THE NORTH LINE OF SAID WEST 1/4, A DISTANCE OF 326.00 FEET;
THENCE SOUTH 00 DEGREES 05 MINUTES 55 SECONDS EAST ALONG THE EAST LINE OF LOT
74 OF SAID NORTH PARK ESTATES, 120.00 FEET; THENCE SOUTH $9 DEGREES 54 MINUTES 05
SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF SAID FARMSTEAD LANE, 60.00
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH $9 DEGREES 54 MINUTES 05
SECONDS WEST ALONG THE PROPOSED NORTH RIGHT OF WAY LINE OF FARMSTEAD LANE,
75.00 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 55 SECONDS EAST, ALONG THE
PROPOSED WEST RIGHT OF WAY LINE OF SAID GREENBRIAR COURT, 89.28 FEET; THENCE
217.35 FEET ALONG AN ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET WITH
A CHORD WHICH BEARS NORTH 39 DEGREES 56 MINUTES 02 SECONDS EAST,II6.60 FEET TO
THE POINT OF BEGINNING, CONTAINING 4,006 SQUARE FEET (0.092 ACRES).
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 of
the City Hall, Oshkosh, Wisconsin, on the 14th day of October, 2003 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
OCTOBER 14, 2003
03-413 RESOLUTION
CONT'D
WHEREAS, a proper notice of the pendency of said petition for vacation and
discontinuance and map covering the proposed vacation was duly filed in the Office of
the Register of Deeds for Winnebago County, as required by the Wisconsin Statutes;
and
WHEREAS, the lots and lands abutting that portion of said street or alley within
said City affected by this resolution are in the 15th 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 portion of
the following described street and/or alley in the 15th Ward, City of Oshkosh,
Winnebago County, Wisconsin, is hereby vacated and discontinued, reserving unto the
City of Oshkosh and any utility affected by this Resolution, 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, 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 be special exception of the Board of Public Works.
Portions of Farmstead Lane and Greenbriar Court
PART OF FARMSTEAD LANE AND PART OF GREENBRIAR COURT ADJACENT TO LOTS 74 AND 75
AND OUTLOT 1, BEING IN NORTH PARK ESTATES ALL BEING PART OF THE NORTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 36, TOWN 19 NORTH, RANGE 16 EAST, 15TH WARD, CITY OF
OSHKOSH, WINNEBAGO COUNTY, WISCONSIN DESCRIBED AS FOLLOWS: COMMENCING AT
THE WEST 1/4 CORNER OF SAID SECTION 36; THENCE NORTH $9 DEGREES 54 MINUTES 05
SECONDS EAST ALONG THE NORTH LINE OF SAID WEST 1/4, A DISTANCE OF 326.00 FEET;
THENCE SOUTH 00 DEGREES 05 MINUTES 55 SECONDS EAST ALONG THE EAST LINE OF LOT
74 OF SAID NORTH PARK ESTATES, 120.00 FEET; THENCE SOUTH $9 DEGREES 54 MINUTES 05
SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF SAID FARMSTEAD LANE, 60.00
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH $9 DEGREES 54 MINUTES 05
SECONDS WEST ALONG THE PROPOSED NORTH RIGHT OF WAY LINE OF FARMSTEAD LANE,
75.00 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 55 SECONDS EAST, ALONG THE
PROPOSED WEST RIGHT OF WAY LINE OF SAID GREENBRIAR COURT, 89.28 FEET; THENCE
217.35 FEET ALONG AN ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET WITH
A CHORD WHICH BEARS NORTH 39 DEGREES 56 MINUTES 02 SECONDS EAST,II6.60 FEET TO
THE POINT OF BEGINNING, CONTAINING 4,006 SQUARE FEET (0.092 ACRES).
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.
REFERENCE DRAWING
: ~.~.~l ~6 ~ 76
T{gN, RI6E
(shaded areas to be vacated)]
PART OF ~ ~ ~ P~ OF ~ ~ ~ ~ p~T~
~ ~ P~ OF ~ ~ST 1/4 OF ~ ~'&u~ST 1/4 OF ~ION 36~ ~ 19
NO~H, ~ 16 ~T, CI~ OF OS~SHe ~ ~, ~S~S~ D~D
~C~G AT ~ ~T 1/4 ~ OF S~D S~I~ 361 ~ NO~H 89 ~
~'r~ 05 S~ ~T ~NG T~ NO~H L~ OF ~D ~T 1/4, A DIST~ OF
326.00 }-~Ti T~ S~ 00 DE~ 05 ~0=~S 55 S~ ~T ~NG T~ ~T
~ OF ~ 74 OF S~D NO~ P~ ~T~S~ 120.00 ~'~Ti T~ ~UT~ 89 DE~S
54 ~ur~S 05 ~S ~ST ~G ~ NOR~ ~G~ OF ~ L~ OF ~D ~
~, 60.00 ~'~T TO T~ ~ OF BEG~G~ ~ ~G SOOT~ 89 DE~ 54
~, 75.00 ~T~ T~ Z~H 00 ~ 05 ~uT=S 55 SE~ ~T, ~
P~SED ~ST ~ OF ~Y ~ OF ~D ~ ~ 89.28 ~T~
217.35 ~T ~G ~ ~C OF A ~ ~ T~ ~GHT ~G A ~S OF 60.00
~ A CHO~ ~I~ B~ NOR~ 39 D~ 56 ~u'f~S 02 SE~S ~T,116.60
TO T~ ~ OF ~G, ~G 4,006 $Q~ ~'~T (0.092 A~).
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