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HomeMy WebLinkAboutItem 2PLAN COMMISSION STAFF REPORT DECEMBER 2, 2025 ITEM 2: Recommendation Pertaining to Cleanup of Property Titles of 215, 143 & 141 Church Avenue and 240 Algoma Boulevard Including Releases or Partial Releases of Obsolete Easements and Granting of New Easements Applicant: City of Oshkosh Owners: City of Oshkosh, Kendal & Michelle Watwood, Nick & Lisa Jensen, and Christine Ann Domestic Abuse Service, Inc. Action Requested: The City has undertaken the cleanup of several title items affecting the subject properties. This includes the release or partial release of several obsolete easements and creation of several new access easements benefitting the subject properties. Property Location: This item involves four properties: • Oshkosh City Hall, 215 Church Avenue, the administrative hub for the City of Oshkosh. • Braywood Inn, 143 Church Avenue, a 19th century house currently used as a bed and breakfast. • Edward Jones, 141 Church Avenue, a 19th century house currently used as an investment office. • Christine Ann Domestic Abuse Services, 240 Algoma Boulevard, the Beach Building which was a former school designed by William Waters currently used as a domestic abuse shelter. Background Information: In 2024, Christine Ann Domestic Abuse Services purchased the Beach Building and relocated from their previous site at 206 Algoma Boulevard. Shortly after, Christine Ann sold a portion of their property to 141 Church Avenue (Edward Jones) via Certified Survey Map (CSM). This was to allow vehicular access to the rear of 141 Church Avenue. However, access still requires using an easement on a City-owned driveway connecting to Church Avenue. It was at this time the City decided to take a deeper look at the access situation involving these four properties as over the past half-plus century, numerous “access” easements were created with little or no context, or are no longer relevant. In total, the City has identified eleven items that need to be addressed to properly cleanup the access situation for these four properties. Page 1 Item 2 – Various Easement Requests Affecting 215, 143 & 141 Church Avenue and 240 Algoma Boulevard Analysis 1: Non-exclusive Access Easement Agreement Grantor: City of Oshkosh Grantee: Christine Ann Domestic Abuse Services, Inc. (CAC) This access easement provides Christine Ann Services property with secondary access across City property. This easement replaces a similar easement in a different location that was no longer useful due to changes in the City’s current parking lot and drive aisle configuration. Analysis 2: Easement Amendment Grantor: Christine Ann Domestic Abuse Services, Inc. (CAC) Grantee: City of Oshkosh Amendment of an existing easement over CAC property created by two documents by previous owner allowing better access to City’s adjoining property. The amendment better defines respective intended benefits and burdens of the easement. The amendment also clarifies the allowed purpose and other details of the easement. Analysis 3: Easement Amendment Grantor: City of Oshkosh Grantee: Christine Ann Domestic Abuse Services, Inc. (CAC) Amendment of an existing easement over City property created by two documents allowing better access to CAC’s adjoining property. The amendment better defines respective intended benefits and burdens of the easement. The amendment also clarifies the allowed purpose and other details of the easement. Page 2 Item 2 – Various Easement Requests Affecting 215, 143 & 141 Church Avenue and 240 Algoma Boulevard Analysis 4: Non-exclusive Access Easement Agreement Grantor: Christine Ann Domestic Abuse Services, Inc. (CAC) Grantee: City of Oshkosh The City’s dumpster enclosure is located at the property line between the City and CAC. This easement will provide the City with space to maintain its dumpster enclosure and access other parts of City property. Analysis 5: Release of Easement Christiane Anne Domestic Abuse Services (CAC) holds an access easement over City- owned property, more specifically, the City Hall parking lot. The easement was created by two documents and provided access to the west side of the Beach Building. This easement will be replaced by a new easement (see Analysis 1) with updated language and described area reflecting current layout of the City Hall parking lot. Analysis 6: Partial Release of Easement Christiane Anne Domestic Abuse Services (CAC) holds an easement for right-of-way purposes over City-owned property. The easement allowed vehicular access through City property from Church Avenue. This access is no longer required so most of the easement is being released. The remaining portion will be used for pedestrian purposes and allows better access to CAC property. Page 3 Item 2 – Various Easement Requests Affecting 215, 143 & 141 Church Avenue and 240 Algoma Boulevard Analysis 7: Release of Easement The City holds an easement for right-of-way purposes over and across Christiane Anne Domestic Abuse Service’s property. The easement is no longer needed and will be released by the City. Analysis 8: Release of Easement The City holds an easement for right-of-way purposes over and across Christiane Anne Domestic Abuse Service’s property. The easement is no longer needed and will be released by the City. Analysis 9: Termination of Tunnel Agreement The City and School District were parties to a 1983 agreement assigning the City the maintenance of a heat tunnel crossing Christiane Anne Domestic Abuse Service’s property. The tunnel was abandoned sometime between 1983 and 1987 and tunnel-related obligations were implied terminated decades ago. Analysis 10: Non-exclusive Access Easement Agreement to 143 Church Avenue Grantor: City of Oshkosh Grantee: Michelle & Kendal Watwood This access easement provides vehicular access to the rear of the 143 Church Avenue property by crossing City property. The easement leads to an off street parking area and garage located on 143 Church Avenue. Page 4 Item 2 – Various Easement Requests Affecting 215, 143 & 141 Church Avenue and 240 Algoma Boulevard Analysis 11: Non-exclusive Access Easement Agreement to 141 Church Avenue This access easement provides vehicular access to the rear of the 141 Church Avenue property by crossing City property. The easement leads to an off street parking area located on and behind 141 Church Avenue. The easement area is identical to the area for 143 Church Avenue. The City Attorney’s Office has prepared necessary easement documents and the affected property owners have been notified of these items. The documents will be recorded at the Winnebago County Register of Deeds upon Common Council approval. Recommendation: Staff recommends approval of the various easement requests affecting 215, 143 & 141 Church Avenue and 240 Algoma Boulevard as proposed. Page 5 240 31 5 222 513 511 130 415 138 210 204 125 131 135 141 143 203 215 42 0 H:\jeffn\Arc_GIS_Pro_Projects\Easements\Christine_Ann_Center\Access_to_CAC_From_215_Church_Ave.aprx User: jeffn ACCESS EASEMENT AGREEMENT 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 Printing Date: 9/19/2025 ¯50 0 50 10025 Feet Prepared by: City of Oshkosh, WI 1 inch equals 0.019 miles 1 inch equals 100 feet POINT OF BEGINNING LOT 1 CSM 6713 = BEGINNING, END OR CHANGE IN DIRECTION OF AN ARC OR LINE CHURCH AVE. (60') PART OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 6713 RECORDED AS DOCUMENT 1634041, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING FROM THE SOUTHEAST CORNER OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 6713, ALSO BEING A POINT ON THE NORTH LINE OF ALGOMA BOULEVARD; THENCE N53°34’48”W, 18.48 FEET ALONG SAID NORTH LINE; THENCE N32°31’16”E, 88.86 FEET; THENCE N29°13’19”E, 45.10 FEET; THENCE N09°50’06”E, 111.91 FEET; THENCE N28°08’27”E, 208.10 FEET TO A POINT ON THE SOUTH LINE OF CHURCH AVENUE; THENCE S58°34’26”E, 24.04 FEET ALONG SAID SOUTH LINE; THENCE S28°08’27”W, 213.62 FEET TO THE BEGINNING OF A 22.00-FOOT RADIUS CURVE TO THE LEFT; THENCE 34.52 FEET ALONG SAID CURVE WHOSE CHORD BEARS S16°48’23”E, 31.08 FEET; THENCE S61°45’13”E, 0.23 FEET TO A POINT ON THE EAST LINE OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 6713; THENCE S28°14’47”W, 213.70 FEET ALONGSAID EAST LINE TO A POINT ON THE NORTH LINE OF ALGOMA BOULEVARD AND POINT OF BEGINNING. SAID AREA CONTAINS 9,335 SQUARE FEET OR 0.214 ACRES, MORE OR LESS. TAX PARCEL NO. 90724232002 N32 ° 3 1 ’ 1 6 ” E 88.8 6 ' BEARINGS ARE REFERENCED TO THE WEST LINE OF THE NW ¼ OF SECTION 24 WHICH BEARS N00°15’32”W, WINNEBAGO COUNTY COORDINATE SYSTEM. N53°34’48”W 18.48' BLOCK G LEACH'S MAP OF 1894 23 17 13 15 19 N29°13’19”E45.10' N0 9 ° 5 0 ’ 0 6 ” E 1 1 1 . 9 1 ' N28 ° 0 8 ’ 2 7 ” E 2 0 8 . 1 0 ' S58°34’26”E 24.04' S28 ° 0 8 ’ 2 7 ” W 2 1 3 . 6 2 ' CURVE:RADIUS: 22.00' CURVE LENGTH: 34.52' CHORD BEARING: S16°48’23”ECHORD LENGTH: 31.08' S61°45’13”E0.23' S28 ° 1 4 ’ 4 7 ” W 2 1 3 . 7 0 ' TAX PARCEL NO. 90701421200 18 ALGOMA BLVD. (55.5') Page 6 Easement Location Page 7 Easement Location Page 8 Easement Location Page 9 13 8 13 5 14 1 14 3 20 3 H:\jeffn\Arc_GIS_Pro_Projects\Easements\Christine_Ann_Center\Partial_Release_City_to_CAC_Doc_602737.aprx User: jeffn PARTIAL RELEASE OF EASEMENT DOCUMENT #602735 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 Printing Date: 10/9/2025 ¯20 0 20 4010 Feet Prepared by: City of Oshkosh, WI 1 inch equals 0.008 miles 1 inch equals 40 feet POINT OF BEGINNING LOT 1 CSM 6713 = BEGINNING, END OR CHANGE IN DIRECTION OF AN ARC OR LINE CHURCH AVE. (60') Part of Lot 1 of Certified Survey Map 6713, recorded with the Winnebago County Register of Deeds on April 08, 2013, as Document Number 1634041, being part of the Southwest ¼ of the Northwest ¼ of Section 24, Township 18 North, Range 16 East, Seventh Ward, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the Northeasterly corner of Lot 1 of CSM 6713 and being the true point of beginning; thence N59°35’58”W, 15.00 feet along the Northerly line of Lot 1, also being the southerly right-of-way line of Church Avenue; thence S30°26’16”W, 120.00 feet; thence N59°30’45”W, 2.66 feet; thence S27°37’23”W, 57.95 feet; thence S60°17’19”E, 16.58 feet to a point on an easterly line of said Lot 1; thence N28°19’06”E, 47.71 feet along said east line; thence N30°26’16”E, 130.00 feet along said east line to the point of beginning. Said area contains 2,781 square feet, more or less. TAX P A R C E L N O . 907 0 1 4 4 0 0 0 0 TAX P A R C E L N O . 907 0 1 4 5 0 0 0 0 BEARINGS ARE REFERENCED TO GRID NORTH OF THE WISCONSIN STATE PLANE COORDINATE SYSTEM, SOUTH ZONE. TAX PARCEL NO. 90724232002 N59°35’58”W 15.00' S30 ° 2 6 ’ 1 6 ” W 1 2 0 . 0 0 ' N59°30’45”W 2.66 S27 ° 3 7 ’ 2 3 ” W 5 7 . 9 5 ' S60°17’19”E 16.58' N28 ° 1 9 ’ 0 6 ” E 4 7 . 7 1 ' N30 ° 2 6 ’ 1 6 ” E 1 3 0 . 0 0 ' EASEMENT AREA NOT RELEASED EASEMENT AREA TO BE RELEASED Page 10 13 5 14 1 14 3 20 3 13 8 H:\jeffn\Arc_GIS_Pro_Projects\Easements\Christine_Ann_Center\Access__to_143_Church_Ave.aprx User: jeffn ACCESS EASEMENT AGREEMENT TO 143 CHURCH AVENUE PARCEL 90701440000 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 Printing Date: 9/19/2025 ¯20 0 20 4010 Feet Prepared by: City of Oshkosh, WI 1 inch equals 0.008 miles 1 inch equals 40 feet POINT OF BEGINNING N59°30’45”W 2.66' LOT 1 CSM 6713 = BEGINNING, END OR CHANGE IN DIRECTION OF AN ARC OR LINE CHURCH AVE. (60') Part of Lot 1 of Certified Survey Map 6713, recorded with the Winnebago County Register of Deeds on April 08, 2013, as Document Number 1634041, being part of the Southwest ¼ of the Northwest ¼ of Section 24, Township 18 North, Range 16 East, Seventh Ward, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the Northeasterly corner of Lot 1 of CSM 6713 and being the true point of beginning; thence N59°35’58”W, 15.00 feet along the Northerly line of Lot 1, also being the southerly right-of-way line of Church Avenue; thence S30°26’16”W, 120.00 feet; thence N59°30’45”W, 2.66 feet; thence S27°37’23”W, 39.00 feet; thence S61°40’55”E, 16.81 feet to a point on an easterly line of said Lot 1; thence N28°19’06”E, 28.36 feet along said east line; thence N30°26’16”E, 130.00 feet along said east line to the point of beginning. Said area contains 2,461 square feet, more or less. TAX PARCEL NO. 90724232002 N59°35’58”W 15.00' N30 ° 2 6 ’ 1 6 ” E 1 3 0 . 0 0 ' S30 ° 2 6 ’ 1 6 ” W 1 2 0 . 0 0 ' S27°37’23”W 39.00' S61°40’55”E 16.81' N28°19’06”E 28.36' TAX P A R C E L N O . 907 0 1 4 4 0 0 0 0 TAX P A R C E L N O . 907 0 1 4 5 0 0 0 0 BEARINGS ARE REFERENCED TO GRID NORTH OF THE WISCONSIN STATE PLANE COORDINATE SYSTEM, SOUTH ZONE. Page 11 13 5 14 1 14 3 20 3 13 8 H:\jeffn\Arc_GIS_Pro_Projects\Easements\Christine_Ann_Center\Access__to_141_Church_Ave.aprx User: jeffn ACCESS EASEMENT AGREEMENT TO 141 CHURCH AVENUE PARCEL 90701440000 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 Printing Date: 9/19/2025 ¯20 0 20 4010 Feet Prepared by: City of Oshkosh, WI 1 inch equals 0.008 miles 1 inch equals 40 feet POINT OF BEGINNING N59°30’45”W 2.66' LOT 1 CSM 6713 = BEGINNING, END OR CHANGE IN DIRECTION OF AN ARC OR LINE CHURCH AVE. (60') Part of Lot 1 of Certified Survey Map 6713, recorded with the Winnebago County Register of Deeds on April 08, 2013, as Document Number 1634041, being part of the Southwest ¼ of the Northwest ¼ of Section 24, Township 18 North, Range 16 East, Seventh Ward, City of Oshkosh, Winnebago County, Wisconsin, described as follows: Commencing at the Northeasterly corner of Lot 1 of CSM 6713 and being the true point of beginning; thence N59°35’58”W, 15.00 feet along the Northerly line of Lot 1, also being the southerly right-of-way line of Church Avenue; thence S30°26’16”W, 120.00 feet; thence N59°30’45”W, 2.66 feet; thence S27°37’23”W, 39.00 feet; thence S61°40’55”E, 16.81 feet to a point on an easterly line of said Lot 1; thence N28°19’06”E, 28.36 feet along said east line; thence N30°26’16”E, 130.00 feet along said east line to the point of beginning. Said area contains 2,461 square feet, more or less. TAX PARCEL NO. 90724232002 N59°35’58”W 15.00' N30 ° 2 6 ’ 1 6 ” E 1 3 0 . 0 0 ' S30 ° 2 6 ’ 1 6 ” W 1 2 0 . 0 0 ' S27°37’23”W 39.00' S61°40’55”E 16.81' N28°19’06”E 28.36' TAX P A R C E L N O . 907 0 1 4 4 0 0 0 0 TAX P A R C E L N O . 907 0 1 4 5 0 0 0 0 BEARINGS ARE REFERENCED TO GRID NORTH OF THE WISCONSIN STATE PLANE COORDINATE SYSTEM, SOUTH ZONE. Page 12 143203 H:\jeffn\Arc_GIS_Pro_Projects\Easements\Christine_Ann_Center\Access_to_City_From_CAC_240_ALgoma.aprx User: jeffn ACCESS EASEMENT AGREEMENT TO 215 CHURCH AVENUE 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 Printing Date: 9/19/2025 ¯10 0 10 205 Feet Prepared by: City of Oshkosh, WI 1 inch equals 0.006 miles 1 inch equals 30 feet POINT OF BEGINNING LOT 1 CSM 6713 = BEGINNING, END OR CHANGE IN DIRECTION OF AN ARC OR LINE BEING PART OF LOT 15, BLOCK G OF LEACH’S MAP OF 1894, RECORDED IN VOLUME 5, PAGE 24, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, 7TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 19, BLOCK G OF SAID LEACH’S MAP OF 1894; THENCE S29°20’54”W, 35.75 FEET ALONG THE EAST LINE OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 6713, RECORDED AS DOCUMENT NUMBER 1634041, WINNEBAGO COUNTY REGISTER OF DEEDS TO THE POINT OF BEGINNING; THENCE S60°39’06”E, 6.00 FEET; THENCE S29°20’54”W, 20.50 FEET; THENCE N60°39’06”W, 6.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE N29°20’54”E, 20.50 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 123 SQUARE FEET, MORE OR LESS. TAX PARCEL NO. 90724232002 S60°39’06”E 6.00' S29 ° 2 0 ’ 5 4 ” W 35. 7 5 ' BEARINGS ARE REFERENCED TO THE WEST LINE OF THE NW ¼ OF SECTION 24 WHICH BEARS N00°15’32”W, WINNEBAGO COUNTY COORDINATE SYSTEM. TAX PARCEL NO. 90701421200 S29°20’54”W 20.50' N60°39’06”W 6.00' N29°20’54”E 20.50' BLOCK G LEACH'S MAP OF 1894 23 17 13 15 19 Page 13 24 0 22 7 222 234 513 511 420 110 130 52 6 52 2 20 6 415 425 107 121 125 131 135 141 138 143 210 203 204 215 52 1 54 5 55 5 CE N T R A L S T (5 0 ' ) IV Y P L (60 ' ) CEN T R A L S T (60 ' ) DIVI S I O N S T (60 ' ) AL G O M A B L V D (55 . 5 ' ) CH U R C H A V E (60' ) H:\jeffn\Arc_GIS_Pro_Projects\Easements\Christine_Ann_Center\Release_of_Easement_Vol1233Pg244.aprx User: jeffn Release of Easement Vol. 1233 Pg. 244 Doc 380799 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 Printing Date: 10/23/2025 ¯50 0 50 10025 Feet Prepared by: City of Oshkosh, WI 1 inch equals 0.019 miles 1 inch equals 100 feet LOT 1 CSM 6713 Easement Location Page 14 Approximate Steam Tunnel Location Page 15 24 0 222 234 513 511 22 7 420 110 130 52 6 52 2 20 6 415 425 107 121 125 131 135 141 143 203 215 138 210 204 52 1 54 5 55 5 2 1 3 56 97 8 ROW 1 2 3 4 2 1 1 ROW 6 4 5 16 15 23 17 18 910 11 13 19 12 CE N T R A L S T (5 0 ' ) IV Y P L (60 ' ) CEN T R A L S T (60 ' ) DIVI S I O N S T (60 ' ) AL G O M A B L V D (55 . 5 ' ) CH U R C H A V E (60' ) H:\jeffn\Arc_GIS_Pro_Projects\Easements\Christine_Ann_Center\Release_of_Easement_Doc602735.aprx User: jeffn Release of Easement Doc 602735 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 Printing Date: 10/23/2025 ¯50 0 50 10025 Feet Prepared by: City of Oshkosh, WI 1 inch equals 0.019 miles 1 inch equals 100 feet LOT 1 CSM 6713 Easement Location Page 16 W PARKWAY AV FRANKLIN ST FREDERICK ST DIVISION ST CHURCH AV CENTRAL ST ALGOMABLVD JACKSON ST JACKSON ST HIGH AV JACKSON ST HIGH AV ALGOMABLVD JACKSON ST W PARKWAY AV CENTRAL ST CHURCH AV CHURCH AV DIVISION ST FRANKLIN ST CENTRAL ST CENTRAL ST JACKSON ST ALGOMA BLVD HIGH AV CMU CMU-PD I I I I-PD I-UTO I-UTO I-UTO MULTIPLE TR-10-PD TR-10-PD UMU UMU UMU UMU 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: 11/18/2025 1 in = 140 ft1 in = 0.03 mi¯ZONING & 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 17