HomeMy WebLinkAboutItem I-C
PLAN COMMISSION STAFF REPORT DECEMBER 3, 2024
CONSENT AGENDA
ITEM I-C: GRANT ACCESS EASEMENT AT 17 CHURCH AVENUE (400 BLOCK WEST
PARKING LOT) LOCATED OVER PART OF THE NORTHERLY PORTION
OF VACATED IVY PLACE WEST OF DIVISION STREET TO 420 DIVISION
STREET (STAPEL PROPERTIES LLC)
GENERAL INFORMATION
Applicant: City Administration
Owner: City of Oshkosh
Actions Requested:
The City of Oshkosh is requesting the granting of an access easement to Stapel Properties LLC
at 17 Church Avenue (400 Block West Parking Lot).
Applicable Ordinance Provisions: N/A
Property Location and Background Information:
The subject area is the part of the north ½ of Vacated
Ivy Place located east of Division Street and part of
the City’s 400 Block West Parking Lot. The proposed
easement is adjacent to and will benefit 420 Division
Street. 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
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Item I-C – Grant Easement – 17 Church Avenue (400 Block West Parking Lot)
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 as well as the
business located at 420 Division
Street. With the vacation, per
state statute, the land equally
reverts and attaches to the
adjacent properties. The
easement will allow continued
legal ingress/egress through the
City-owned parking to the north
side of the building at 420
Division Street which has two
overhead doors and building access. The property also contains parking stalls for employees
and customers which are accessed through the City’s property. A similar easement will be
granted from Staple Properties LLC at 420 Division Street to provide vehicular access through
their property to and from the public parking lot.
The proposed easement is located along the northeasterly portion of Vacated Ivy Place east of
Division Street. 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 granting of an access easement to Stapel Properties LLC
located at 17 Church Avenue as proposed.
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A2304.17
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'
N 37°28'07"E
300.00'
240.00'
30.00'
30.00'
S
53°16'48"E
120.00'N
53°16'48"
W
120.00'
30.00'
30.00'
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60.00'
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0 50 100
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
CHURCHAV
BROAD ST
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
BROAD
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
HIGH AV
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