HomeMy WebLinkAboutItem II
PLAN COMMISSION STAFF REPORT NOVEMBER 7, 2023
ITEM II: ACCEPT PARK TRAIL EASEMENTS FROM PROPERTIES GENERALLY
LOCATED AT 1970 PRESERVE DRIVE (CONDOMINIUM PLAT OF THE
PRESERVE AT SAWYER CREEK)
GENERAL INFORMATION
Applicant: City of Oshkosh Parks Department
Owner: The Preserve at Sawyer Creek Condominium Owner’s Association, Inc.
Action Requested: The City of Oshkosh Parks Department is requesting the acceptance of park
trail easement from The Preserve at Sawyer Creek Condominium Owner’s Association, Inc.
Applicable Ordinance Provisions: N/A
Property Location and Background Information:
The subject site consists of the Condominium Plat of the Preserve
of Sawyer Creek, a development of 24 single-family
dwellings accessed by a private road (Preserve Drive) off
of West 20th Avenue. The development began
construction in late 2019 and is now fully
developed. The plat identified a 15-foot-wide
pedestrian easement (granted to the
City in 2008) starting from West
20th Avenue, following the
northwesterly property line,
heading eastward to a
connection with a planned
public trail at Rusch Park.
A second public trail is
being requested to
connect the end of
Preserve Drive to
the same connection
point to Rusch Park
as the existing easement (see Figure 1).
The adjacent lands consist of vacant/passive recreational areas to the north, Rusch Park and a
proposed multi-family development to the east, single-family uses to the south and vacant land
and assisted care facility to the west.
ANALYSIS Two easements are part of this request; a ten-foot-wide park trail easement and a
30-foot wide limited-use construction easement. The 10-foot-wide easement is approximately
270 feet long, beginning at the private street, Preserve Drive, heading northeasterly between
Existing Trail
Easement
Existing Trail
Easement Proposed Trail
Easement
Figure 1
Page 1
Item II – Accept Park Trail Easements from properties generally located at 1970 Preserve Drive
Units 1800 and 1813 to a planned future connection with the Rusch Park Trail. This easement
allows public and City staff access to the trail and non-motorized public use of the trail
consistent with City Park rules and conditions. The 30-foot-wide construction easement begins
at the north lines of Units 1800 and 1813, and following the trail easement northeasterly
approximately 150 feet to the Rusch Park Trail connection. The construction easement allows
City staff access to the easement. Both easements will allow construction of an either eight-foot
or ten-foot-wide trail, along with signage or trail features deemed appropriate by the City. The
easement will also allow future inspections, maintenance and repairs to the trail.
It should be noted that the park trail easement ends at the private street, Shore Preserve Drive.
Public access is restricted to the previously mapped trail easement granted to the City in 2008.
The Association does not consent to the public use of Preserve Drive and has the ability to place
informational signage outside of the easement areas or take any lawful action to prevent
potential public trespass.
Both proposed easements are located over an existing sanitary sewer easement granted to the
City in 2008. The functionality of the sanitary sewer easement will not be impacted by the new
easements.
The City Attorney’s Office is in the process of finalizing the necessary easement documents.
The Department of Public Works does not have concerns with the proposed easement as they
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Item II – Accept Park Trail Easements from properties generally located at 1970 Preserve Drive
are needed for functionality of the storm water management system for the additional site
improvements at 3300 Medalist Drive. Final easement documents have been signed and will be
recorded at the Winnebago County Register of Deeds after approval by the Common Council.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the acceptance of the proposed park trail easement as requested.
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EXHIBIT A (1 of 2)
Page 4
EXHIBIT B (1 of 2)
Page 5
P R E S E R V E D R
PR
ESER
VE CT
W 20TH AV
Rusch Park
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 10/26/2023
1 in = 120 ft1 in = 0.02 mi¯TRAIL EASEMENT:RUSCH PARK/PRESERVE
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 6
PRESE R V E D R
MOCKINGBIRD WAY
PRESERVE CT
WYATTWAY
MORNINGSTAR
LA
CASEY TR
SAGE CROSSING
CL
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WELLINGTON DR
SAWYE R C R E E K D R
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E
A
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P
A
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K
D
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W 20TH AV
HI-PD
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MR-12
MR-12 MR-12-PD
MR-12-PD
NMU
NMU
RH
SMU
SR-3
SR-3
SR-5
SR-5
SR-5
SR-5
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 10/26/2023
1 in = 500 ft1 in = 0.09 mi¯TRAIL EASEMENT:RUSCH PARK/PRESERVE
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 7
P R E S E R V E D R
PR
ESER
VE CT
W 20TH AV
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 10/26/2023
1 in = 120 ft1 in = 0.02 mi¯TRAIL EASEMENT:RUSCH PARK/PRESERVE
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 8