Loading...
HomeMy WebLinkAbout04-51.docMARCH 9, 2004 REVISED 04-51 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN PURPOSE: FINAL RESOLUTION VACATING PORTION OF UNNAMED RIGHT-OF-WAY ON SOUTH SIDE OF MYRNA JANE DR. 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 January 27, 2004 at a regular meeting of the Common Council to vacate and discontinue a portion of unnamed right-of-way on the south side of Myrna Jane Drive within the City of Oshkosh and described as follows: VACATE UNNAMED RIGHT-OF-WAY ON SOUTH SIDE OF MYRNA JANE DRIVE · A part of the 50 foot right-of-way shown adjacent to the west line of Lot 12 Sennholz Addition in the NE % of the NW % of Fractional Section 1, T17N, R16E, 14th Ward, City of Oshkosh, Winnebago County, Wisconsin described as follows: Commencing at the N ¼ corner of said Fractional Section 1; thence S. 89°32'59' W., 570.75 feet along the north line of the NW ¼ of said Fractional Section 1 to the easterly right-of-way line of the Fox River Valley Railroad; thence S. 07°10'30' E., 790.64 feet to the extended south line of the Sennholz Addition; thence N. 88° 10'00' E., 50.22 feet to the true point of beginning also being the southwest corner of the Sennholz Addition; thence N. 88°10'00' E., 50.22 feet along the south line of the Sennholz Addition; thence N. 07°10'30' W., 144.44 feet along the west line of Lot 12, Sennholz addition; thence S. 88°10'00' W., 1.44 feet; thence southwesterly 64.91 feet along the arc of a curve to the right of radius 50.32 feet whose chord bears S. 46°13'23' W. a distance of 60.50 feet to the west line of the Sennholz Addition; thence S. 07°10'30' E., 103.79 feet along the west line of the Sennholz Addition to the southwest corner of the Sennholz Addition also being the true point of beginning. Said parcel contains approximately 5,817.43 square feet. 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 9th day of March, 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 MARCH 9, 2004 REVISED 04-51 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 14th 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 14th 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. VACATE UNNAMED RIGHT-OF-WAY ON SOUTH SIDE OF MYRNA JANE DRIVE · A part of the 50 foot right-of-way shown adjacent to the west line of Lot 12 Sennholz Addition in the NE % of the NW % of Fractional Section 1, T17N, R16E, 14th Ward, City of Oshkosh, Winnebago County, Wisconsin described as follows: Commencing at the N ¼ corner of said Fractional Section 1; thence S. 89°32'59' W., 570.75 feet along the north line of the NW ¼ of said Fractional Section 1 to the easterly right-of-way line of the Fox River Valley Railroad; thence S. 07°10'30' E., 790.64 feet to the extended south line of the Sennholz Addition; thence N. 88° 10'00' E., 50.22 feet to the true point of beginning also being the southwest corner of the Sennholz Addition; thence N. 88°10'00' E., 50.22 feet along the south line of the Sennholz Addition; thence N. 07°10'30' W., 144.44 feet along the west line of Lot 12, Sennholz addition; thence S. 88°10'00' W., 1.44 feet; thence southwesterly 64.91 feet along the arc of a curve to the right of radius 50.32 feet whose chord bears S. 46°13'23' W. a distance of 60.50 feet to the west line of the Sennholz Addition; thence S. 07°10'30' E., 103.79 feet along the west line of the Sennholz Addition to the southwest corner of the Sennholz Addition also being the true point of beginning. Said parcel contains approximately 5,817.43 square feet. 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. · Indicates Revisions REVISED /. ? ?