HomeMy WebLinkAboutItem I-B
PLAN COMMISSION STAFF REPORT DECEMBER 3, 2024
CONSENT AGENDA
ITEM I-B: ACCEPT ACCESS EASEMENT AT 420 DIVISION STREET ADJACENT TO
THE 400 BLOCK WEST PARKING LOT LOCATED OVER PART OF THE
SOUTHERLY PORTION OF VACATED IVY PLACE WEST OF DIVISION
STREET FROM STAPEL PROPERTIES LLC
GENERAL INFORMATION
Applicant: City Administration
Owner: Stapel Properties LLC
Actions Requested:
The City of Oshkosh is requesting the acceptance of an access easement from Stapel Properties
LLC at 420 Division Street.
Applicable Ordinance Provisions: N/A
Property Location and Background Information:
The subject area is the south ½ of Vacated Ivy Place
located south and west of the City’s 400 Block West
Parking Lot. In late 2023 the parking lot was
resurfaced and the City deemed necessary to rectify a
number of outstanding property-related issues. This
includes:
1. The vacations of Ivy Place and an alley which
were no longer needed and to eliminate a
number of nonconforming situations. The
vacations were approved by Council on
March 12, 2024 (Res 24-103).
2. Access easements between the City and Stapel
Properties LLC located at 420 Division Street.
This involves a portion of the recently vacated
Ivy Place.
3. The proposed acquisition of part of 138
Algoma Boulevard: Part of the City’s parking
lot encroaches onto the property which is
owned by Stapel Properties LLC. This was
formerly handled by a renewing lease
agreement drafted in the 1990’s.
400 Block West Parking Lot –
Proposed Easement
Page 1
Item I-B – Accept Easement – 420 Division Street
4. The acquisition of part of 110 Algoma Boulevard: Conflicting legal descriptions dating
back to the late 1800s has put the location of a common lot line into question.
5. A land disposition from the parking lot property to 110 Algoma Boulevard. This is
related to item number 4 above.
6. A number of access easements are proposed to be granted to the City for the rear
accesses to buildings along the 400 Block of North Main Street.
The 400 Block West Parking Lot was constructed to its current configuration in 1996 after
vacation of a railroad corridor that ran north-south through the property. The parking lot
provides public parking for businesses and visitors to the downtown. The surrounding area is
part of Oshkosh’s Central City containing numerous service, retail, food, institutional and
residential establishments.
ANALYSIS
Prior to the vacation of Ivy Place, the public right-of-way was part of and provided access to the
parking lot. With the vacation, the southerly half of the vacation, per state statute, attached to
420 Division Street, thus becoming private property. The easement will allow continued legal
ingress/egress through the property, providing access to and from the parking lot. A similar
easement will be granted to Staple Properties LLC at 420 Division Street to provide vehicular
access to the north side of their property.
The proposed easement is located along the northeasterly portion of the 420 Division Street
property. The easement is sized to be 30 feet wide by 120 feet long and 3,600 square feet in area.
The easement is subject to
conditions and restrictions listed
in the easement agreement.
James Stapel, owner of 420
Division Street, has been
contacted and is agreeable to the
proposed easements. The City
Attorney’s Office has prepared a
draft of the easement
documents. The signed easement
agreement will be recorded at
the Winnebago County Register
of Deeds upon approval by the
Common Council.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the acceptance of an access easement from Stapel Properties LLC
located at 420 Division Street as proposed.
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SOUTH LINE OF THE NORTHWEST
1/4 OF SECTION 24-18-16
= BEGINNING, END
OR CHANGE IN
DIRECTION OF AN
ARC OR LINE
WEST 1/4
CORNER OF
SECTION
24-18-16
CENTER OF
SECTION
24-18-16
MOST WESTERLY
CORNER OF
BLOCK "A" OF
W.W. WRIGHT'S
ADDITION
N89°47'00"E 2645.62'
788.46'1857.16'N00°13'00"W
443.83'
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300.00'
240.00'
30.00'
30.00'
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120.00'N
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SCALE: 1" = 50'
EASEMENTS EXHIBIT
LEGEND
CHRISTOPHER E. PERREAULT, PLS 2249 DATED
12/26/2023
EASEMENT "A" (EASEMENT FROM STAPEL
PROPERTIES TO THE CITY OF OSHKOSH):
EASEMENT "B" (EASEMENT FROM THE CITY
OF OSHKOSH TO STAPEL PROPERTIES ):
PART OF VACATED IVY PLACE (PLATTED AS WOOD STREET) LYING BETWEEN
BLOCKS "A" AND "D", W.W. WRIGHT'S 2ND ADDITION", CITY OF
OSHKOSH, LOCATED IN GOVERNMENT LOT 1, SECTION 24, TOWNSHIP 18
NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY,
WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE
WEST ¼ CORNER OF SAID SECTION 24; THENCE N89°47'00"E, 788.46
FEET ALONG THE SOUTH LINE OF THE NORTHWEST ¼ OF SECTION 24;
THENCE N00°13'00"W, 443.83 FEET TO THE MOST WESTERLY CORNER OF
BLOCK "A", W.W. WRIGHT'S 2ND ADDITION; THENCE N37°28'07"E,
240.00 FEET ALONG THE NORTHWESTERLY LINE OF SAID BLOCK "A" TO
THE SOUTHWESTERLY LINE OF SAID VACATED IVY PLACE AND THE POINT
OF BEGINNING; THENCE CONTINUING N37°28'07"E, 30.00 FEET ALONG
THE NORTHEASTERLY EXTENSION OF SAID NORTHWESTERLY LINE OF SAID
BLOCK "A"; THENCE S53°16'48"E, 120.00 FEET; THENCE S37°28'07"W,
30.00 FEET TO THE NORTHEASTERLY LINE OF SAID BLOCK "A"; THENCE
N53°16'48"W, 120.00 FEET ALONG SAID NORTHEASTERLY LINE TO THE
POINT OF BEGINNING. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF
RECORD.
PART OF VACATED IVY PLACE (PLATTED AS WOOD STREET) LYING
BETWEEN BLOCKS "A" AND "D", W.W. WRIGHT'S 2ND ADDITION",
CITY OF OSHKOSH, LOCATED IN GOVERNMENT LOT 1, SECTION
24, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH,
WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE WEST ¼ CORNER OF SAID SECTION
24; THENCE N89°47'00"E, 788.46 FEET ALONG THE SOUTH LINE
OF THE NORTHWEST ¼ OF SECTION 24; THENCE N00°13'00"W,
443.83 FEET TO THE MOST WESTERLY CORNER OF BLOCK "A",
W.W. WRIGHT'S 2ND ADDITION; THENCE N37°28'07"E, 270.00
FEET ALONG THE NORTHWESTERLY LINE OF SAID BLOCK "A" AND
ITS EXTENSION NORTHEASTERLY TO THE POINT OF BEGINNING;
THENCE CONTINUING N37°28'07"E, 30.00 FEET ALONG SAID
NORTHEASTERLY EXTENSION OF SAID BLOCK "A" TO THE
SOUTHWEST LINE OF BLOCK "D" OF W.W. WRIGHT'S 2ND
ADDITION; THENCE S53°16'48"E, 120.00 FEET ALONG SAID
SOUTHWESTERLY LINE; THENCE S37°28'07"W, 30.00;THENCE
N53°16'48"W, 120.00 FEET TO THE POINT OF BEGINNING.
SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
- ENTIRE PROPERTY
HAS NOT BEEN FIELD
SURVEYED A THIS
TIME
CAROW LAND SURVEYING & ENVIRONMENTAL
615 N LYNNDALE DRIVE
APPLETON, WI 54914
DATE: 12/19/2023 SCALE: 1" = 50'DRAWN BY: CP
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MARKET
ST
MERRITT AV
DIVISION ST
BROWN ST
CHURCH AV
N MAIN ST
ALGOMA BLVD
HIGH 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: 11/15/2024
1 in = 120 ft1 in = 0.02 mi¯BASE MAP
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
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MERRITT AV
WAUGOO AV
OTTER AV
E PARKWAY AV
DAWES ST
COMMERCE
ST
W PARKWAY AV
PEARL AV
DIVISION ST
NORTHWESTERN AV
HUDSON AV
PEARL AV
COURT ST
CITY CENTER
BROAD ST
CHURCHAV
BROADST
DAWES ST
BROAD ST
IDA AV
MT VERNON ST
GRAND ST
CHURCH AV
MARKETST
RIVERWAY DR
DIVISION ST
BROWN ST
MARKETST
DIVISION ST
CENTRAL ST
FREDERICK ST
POPLAR AV
UNION AV
PLEASANT ST
MADISON ST
AMHERST AV
JEFFERSON ST
OXFORD AV
DALE AV
MARIONRD
FRANKLIN ST
STATE ST BROADST
CENTRAL ST
BROAD ST
BROA
D
S
T
N MAIN ST
CEAPE AV
WASHINGTON AV
E IRVING AVW IRVING AV
HIGH AV
ALGOMA BLVD
WISCONSIN ST
JACKSON ST
OREGON ST
CMU
CMU CMU
CMU
CMU
CMU-PD CMU-PD
CMU-PD-RFO
CMU-RFO
CMU-RFO I I I
I
I
I
I-PD
I-PD
I-PD
I-PD
I-PD
I-PD
I-PD
I-PD
I-PD
I-PD-RFO
I-PD-UTO
I-UTO
MR-36
MR-36-UTO
MULTIPLE
RMU-PD-RFO
RMU-PD-RFO
TR-10
TR-10
TR-10
TR-10-PD
TR-10-PD
TR-10PDUTO
UMU
UMU
UMU
UMU
UMU
UMU
UMU
UMU
UMU-PD
UMU-PD
UMU-PD
UMU-PD
UMU-PD-UTO UMU-UTO
UMU-UTO
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: 11/15/2024
1 in = 500 ft1 in = 0.09 mi¯ZONING MAP
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 5
MERRITTAV
DIVISION ST
BROWN ST
CHURCH AV
N MAIN ST
ALGOMA BLVD
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: 11/15/2024
1 in = 100 ft1 in = 0.02 mi¯AERIAL MAP
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