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HomeMy WebLinkAbout04-139.docMAY 11, 2004 04-139 RESOLUTION (CARRIED 6-1P LOST LAID OVER WITHDRAWN ) PURPOSE: FINAL RESOLUTION VACATING PORTION OF WOODLAND AVENUE, BETWEEN ALGOMA BOULEVARD AND ELMWOOD AVENUE INITIATED BY: UW-OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common Council has heretofore initiated proceedings on March 23, 2004 at a regular meeting of the Common Council to vacate and discontinue a portion of Woodland Avenue, between Algoma Boulevard. and Elmwood Avenue, in the City of Oshkosh and described as follows: Portion of Woodland Avenue, between Algoma Boulevard and Elmwood Avenue That portion of Woodland Avenue (formerly New Street and Forest Avenue) in Kahlers Subdivision of part of Block 109, Leach's Map, Fifth Ward, City of Oshkosh, Winnebago County, Wisconsin adjacent to Lots 2, 3, 5 through 10, 14, 15, and 17 through 22 in said Kahlers Subdivision. 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 11th day of May, 2004 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, 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 5th Ward, City of Oshkosh, the description of said street or alley heretofore set out in this Resolution. MAY 11, 2004 04-139 RESOLUTION CONT'D 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 5th 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 by special exception of the Board of Public Works. Portion of Woodland Avenue, between Algoma Boulevard and Elmwood Avenue That portion of Woodland Avenue (formerly New Street and Forest Avenue) in Kahlers Subdivision of part of Block 109, Leach's Map, Fifth Ward, City of Oshkosh, Winnebago County, Wisconsin adjacent to Lots 2, 3, 5 through 10, 14, 15, and 17 through 22 in said Kahlers Subdivision. 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. W. I~EW YORK · ne['~erDl [~4.IMERR This map is a 1~ r~r~ map nor pur~s~ only. ~c Ci~ ofOsh~sh ~ not Ci~ of Osh~s~ PartiaI Street Vacation Woodland Avenue City of Oshkosh Wisconsin Community Development Created by: d~ 3fl7~4