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HomeMy WebLinkAbout1963022 - Ordinance 26-05 Approving Request to Annex West Fernau AvenueDocument Number *See attached. Drafted by: Darla M. Salinas City Clerk 215 Church Avenue Oshkosh, WI 54901 Ordinance 26-05 Approving Request to Annex West Fernau Avenue to the City of Oshkosh from the Town of Oshkosh — Located at the West 3100 Block of Jackson Street DOC# 1963022 SUSAN SNYDER REGISTER OF DEEDS WINNEBAGO COUNTY, WI RECORDED ON: 03/10/2026 09:44 AM RECORDING FEE: 30.00 PAGES: 5 Recording Area Name and Return Address City of Oshkosh PO Box 1130 Oshkosh, W1 54903-1130 018005701, 018005601, Part of 0180057 & 0180056 Parcel Identification Numbers (PIN) C., 5 1 /13/2026 26-05 ORDINANCE CARRIED 6-0 PURPOSE: APPROVE REQUEST TO ANNEX WEST FERNAU AVENUE ANNEXATION TO THE CITY FROM THE TOWN OF OSHKOSH - LOCATED AT THE WEST 3100 BLOCK OF JACKSON STREET INITIATED BY: CITY OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY ANNEXING CERTAIN TERRITORY FROM THE TOWN OF OSHKOSH TO THE CITY OF OSHKOSH. WHEREAS, an annexation petition duly circulated has heretofore been signed by the owners of all the real property subject to this annexation and all of the electors residing in the proposed annexation territory; and WHEREAS, Section 66.0217(2) of the Wisconsin Statutes allows for a petition to be filed without a notice of intention to circulate in an annexation by unanimous approval; and the annexation petition together with a description of the territory to be annexed and a scale map showing the boundaries of such territory and its relation to the municipalities involved, have been filed with the City Clerk of the City of Oshkosh and the Town Clerk for the Town of Oshkosh; and WHEREAS, a copy of said annexation petition together with a description of the territory to be annexed and a scale map having been mailed to the affected municipal and school district clerks and the Division of Municipal Boundary Review of the State of Wisconsin, Department of Administration within five (5) days of the filing of said petition; and WHEREAS, not more than one hundred twenty (120) days have lapsed since the filing of the annexation petition; and WHEREAS, the Division of Municipal Boundary Review of the State of Wisconsin, Department of Commerce has issued his opinion that the annexation is not contrary to the public interest; and WHEREAS, the petitioners have requested that the annexation ordinance temporarily designate the classification of the annexed area for zoning purposes; and WHEREAS, the Plan Commission of the City of Oshkosh is recommending that said property be temporarily zoned as follows: Suburban Mixed Use (SMU) The Common Council of the City of Oshkosh does ordain as follows: SECTION 1 A petition by unanimous approval pursuant to Section 66.0217(2), Wis. Stats has been filed with the Clerk of the City of Oshkosh requesting the annexation of the hereinafter described territory located in the Town of Oshkosh, Winnebago County, Wisconsin to the City of Oshkosh, Winnebago County, Wisconsin: Tax Parcel Nos.: 018005701 and 018005601 and part of Tax Parcel Nos.: 0180057 and 0180056 Attached hereto, and identified as Exhibit A, is a legal description and scale map of the territory annexed herein. The current population of this territory is zero (0). SECTION 2 The Common Council adopts said Petition for Annexation, thereby ordaining that the above -described territory presently in the Town of Oshkosh, Winnebago County, Wisconsin, is hereby annexed to and made part of the City of Oshkosh, Winnebago County, Wisconsin pursuant to Section 66.0217(2) of the Wisconsin Statutes. SECTION 3. All such annexed territory shall be a part of the City of Oshkosh for any and all purposes provided by law and shall be subject to the laws, ordinances, rules and regulations of the City of Oshkosh applicable thereto. SECTION 4. That the above -described annexed property prior to annexation was part of the Oshkosh Area School District and such territory shall remain part of the Oshkosh Area School District. SECTION S. The territory is hereby made part of Assessor's Ward 12, Voting Ward 25, District 2 of the City of Oshkosh. SECTION 6. That upon adoption of this Ordinance, the Clerk shall file a certified copy of this Ordinance, a Certificate of Annexation and a scale map of the property annexed with the Secretary of Administration, with any utility company currently providing services to such area, with the Winnebago County Register of Deeds and with the Oshkosh Area School District in accordance with Section 66.0217(9), Wis., Stats., and further, said Clerk shall give written notice of acceptance of such Petition for Annexation to the Clerk of the Town of Oshkosh. SECTION 7. Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. SECTION 8. Pursuant to Wis. Stats. Section 66.0217 (14) (a) (1), the City of Oshkosh agrees to pay annually to the Town of Oshkosh, for five (5) years, an amount equal to the amount of property taxes that the Town of Oshkosh levied on the annexed territory, as shown by the tax roll under Wis. Stats. Section 70.65, in the year which the annexation is final. SECTION 9. This Ordinance shall take effect upon passage and publication as provided by law. SECTION 10. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #26-05 APPROVE REQUEST TO ANNEX WEST FERNAU AVENUE ANNEXATION TO THE CITY FROM THE TOWN OF OSHKOSH - LOCATED AT THE WEST 3100 BLOCK OF JACKSON STREET on January 13, 2026. The Ordinance annexed property located at the West end of 3100 Block of Jackson Street from the Town of Oshkosh to the City of Oshkosh. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at www.oshkoshwi.gov. Clerk's phone: (920) 236-501 1. STATE OF WISCONSIN ) COUNTY OF WINNEBAGO ) SS CITY OF OSHKOSH ) I, Darla M. Salinas, City Clerk for the City of Oshkosh, Winnebago County Wisconsin, do hereby certify that this Ordinance (26-05) is a true and correct copy of the original on file in my office, adopted by the Common Council of the City of Oshkosh, Wisconsin at the meeting held on January 13, 2026. Witness my hand and the Corporation seal of. the City of Oshkosh, Wisconsin. ; :`;�•� •• f .•; •• DATED: March 2, 2026 ; :• r LM: Darla M. Salinas, CMC, WCMC �'�•� ••; *.;' City Clerk, City of Oshkosh d' •• • ...• Winnebago County, Wisconsin �•�•M• f �•+ EXHIBIT A Annexation Legal Description City of Oshkosh, WI Part of Lot 1 and Outlot 1 of CSM 6091 recorded in volume 1 on page 6091 as document number 1436329 and part of Lot 1 and Outlot 1 of CSM 6203 recorded in volume 1 on page 6203 as document 1458414 at the Winnebago County Register of Deeds being located in the Northeast 1/4 of the Southeast 114 of Section 2, Township 18 North Range 16 East, Town of Oshkosh, Winnebago Couty, Wisconsin, more fully described as follows: Commencing at the East 1/4 corner of said Section 2; Thence, South 00' 23' 31" East 921.76 feet along the East line of said Northeast 1/4 of the Southeast 1/4; Thence, North 89' 49' 50" West, 39.57 feet to the westerly right-of-way line of Jackson Street and the point of beginning; Thence, South 00' 25' 52" East, 141.57 feet along said westerly right-of-way line; Thence, South 89' 34' 08" West, 6.67 feet; Thence, North 01 ' 55' 27" West, 6.00 feet; Thence, North 33' 13' 55" West, 28.45 feet to the north line of Lot 1 of said CSM 6203; Thence, South 89' 09' 02" West, 1249.22 feet along said north line to the northwest comer thereof being on the west line of said Northeast 1/4 of the Southeast 114 of said Section 2; Thence, North 00" 26' 28" West, 80.00 feet along said west line to the southwest comer of Lot 1 of said CSM 6091; Thence, North 89' 09' 02" East, 1174.06 feet along the south line of said Lot 1; Thence, North 87' 15' 48" East, 68.03 feet; Thence, North 33' 37' 08" East, 35.57 feet; Thence, North 89' 34' 08" East, 9.52 feet to the point of beginning_ Containing 102816 s.f. (2.36 acres), more or less. I:1Economic Developmenl\Council Template=25 Res, Ordl12-9-2025Wttachments\West Fernau Annex\Exhibit A to Ord 25-.docx ® ANNEXATION AREA 0 of I 04 00 O N 10 O O Z Y1 E ~ Town of Oshkosh 3 c ir—Citv of Oshkosh LINE TABLE LINE# LENGTH BEARING L1 39.57' N89°49'50"W L2 141.57' SO°25'52'E L3 6.67' S89034'08"W L4 6.00' N1"55'27"W L5 28.45' N33'13'55"W L6 1249.22' S89°09'02'W L7 80.00, N0026'28"W L8 1174.06' N89°09'02'E L9 68.03' N87'15'48"E L10 35.57' N33"37'08"E L11 9.52' N89'34'08"E NE -SE SEC. 2 T18N,R16E 18 FOUND MAG NAIL Y = 489666.874 2 1 X = 791698.240 � 16 01 OUTLOT 1 CSM 6091 V. 1 P.6091 LOT 1 CSM 6091 V. 1, P.6091 DOC 1436329 L10 L9 L7I _ DOC.1436329 L8 r Town of Oshkosh OUTLOT 1 L6 u CSM 6203 V. 1, P.6203 C DOC. 1458414 i 7 S i J i _ N _ T I C (� 7 U n ] � SCALE, FEET j O 100 200 O o L5 L5LOT 1 CSM 6203 L4 I _ DOC. 1458414 O in v 2 N uj O I J N L 18 2 COMPUTED FROM TIES 2 1 Y = 486421.752 11 12 X = 791716.329 Q 16 ANNEXATION PART OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 18 STRAND NORTH, RANGE 16 EAST, TOWN OF OSHKOSH ASSOCIATES' Gi FIGURE 01 iu WINNEBAGO COUNTY, WISCONSIN 1382.094