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APRIL 12, 2005 05-105ORDINANCE
FIRST READING
(CARRIED_______LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE:VOLUNTARY ATTACHMENT / RUSCH SAWYER CREEK
INITIATED BY: THOMAS RUSCH, OWNER
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 13TH WARD
OF SAID CITY.
The Common Council of the City of Oshkosh do ordain as follows:
WHEREAS, the City of Oshkosh and Town of Algoma have adopted a Cooperative
Plan as set forth in s. 66.0307, Wis. Stats., and approved by the Wisconsin Department of
Administration, that identifies areas within the Town of Algoma as expansion areas to attach
to the City of Oshkosh; and
WHEREAS, a voluntary attachment petition duly circulated has heretofore been
signed by the owners of all the real property within such territory to be attached to the City
of Oshkosh from the Town of Algoma; and
WHEREAS, the proposed territory to be attached is located within the designated
Expansion Area of the Town of Algoma to the City of Oshkosh; and
WHEREAS, the property owner has requested temporary zoning of R-1 Single Family
Residence; and
WHEREAS, the Town Clerk for the Town of Algoma has been provided with written
notice regarding the attachment in the time period specified by the approved Cooperative Plan;
and
WHEREAS, the Town of Algoma has not filed an objection to the attachment with the
City.
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
APRIL 12, 200505-105 ORDINANCE
FIRST READINGCONT'D
SECTION 1. The following described territory, pursuant to a duly filed voluntary
attachment petition is hereby attached to and made part of the City of Oshkosh, a
municipal corporation located in Winnebago County, more specifically to the 13th Ward
of said City and subject to Wisconsin Statutes and the amendments thereto:
(as described in the attached “Exhibit A”)
SECTION 2. Sections 1-28 and 1-29 of the Oshkosh Municipal Code pertaining to
Boundaries, Wards, Polls, Benchmarks are hereby amended so as to reflect the provisions
of this Ordinance and the proper City officials are hereby authorized and directed to make
such changes.
SECTION 3. The proper City officials are hereby authorized and directed to comply
with the following requirements of Section 66.0217(9)(a) and 66.0307(10) of the Wisconsin
Statutes and the City Clerk shall give written notice to the Secretary of State.
SECTION 4. Said property hereinabove described is hereby temporarily zoned as
follows: R-1 Single Family Residence.
SECTION 5. This Ordinance shall be in full force and effect on the Sunday after its
passage and publication.
“EXHIBIT A”
Rusch Sawyer Creek Attachment
Legal Description
Part of the NW1/4-SW1/4, part of the NE1/4-SW1/4, part of the SE1/4-SW1/4, and part
of the SW1/4-SW1/4 of Section 29, T18N, R16E, Town of Algoma, Winnebago County,
Wisconsin, being part of Lot 2 of Certified Survey Map No. 3944 and Lot 3 of Certified
Survey Map No. 4762, described as follows:
Commencing at the west quarter corner of Section 29, T18N, R16E; thence S89°01'05"E,
along the east/west quarter line of said Section 29, 559.34 feet to the northwest corner of
Lot 2 of Certified Survey Map No. 3944; thence S89°01'05"E, continuing along the
east/west quarter line of said Section 29 and the north line of Lot 2 of Certified Survey Map
No. 3944, 742.11 feet to the point of beginning; thence S89°01'05"E, continuing along the
east/west quarter line of said Section 29 and the north line of Lot 2 of Certified Survey Map
No. 3944, 53.72 feet to the east line of the NW1/4-SW1/4 of said Section 29, being the
northeast corner of Lot 2 of Certified Survey Map No. 3944 and the northwest corner of Lot
3 of Certified Survey Map No. 4762; thence S89°01'05"E, continuing along the east/west
quarter line of said Section 29 and the north line of Lot 3 of Certified Survey Map No.
4762, 1355.17 feet to the center of said Section 29; thence S00°20'30"E, along the
north/south quarter line of said Section 29 and the east line of Lot 3 of Certified Survey
Map No. 4762, 549.97 feet; thence S52°13'20"W, along the southeasterly line of Lot 3 of
Certified Survey Map No. 4762, 1240.99 feet; thence S00°06'06"E, along the easterly line
of Lot 3 of Certified Survey Map No. 4762, 110.00 feet; thence N89°04'19"W, along the
south line of Lot 3 of Certified Survey Map No. 4762, 374.93 feet to the west line of the
SE1/4-SW1/4 of said Section 29;thence S00°06'26"E, along the west line of the SE1/4-
SW1/4 of said Section 29, 111.11 feet to the centerline of Sawyer Creek and the southerly
line of Lot 2 of Certified Survey Map No. 3944; thence S82°13'10"W, along the centerline
of Sawyer Creek and the southerly line of Lot 2 of Certified Survey Map No. 3944, 212.82
feet; thence N34°07'39"W, along the southerly line of Lot 2 of Certified Survey Map No.
3944, 44.63 feet; thence N00°58'55"E 1424.10 feet; thence S89°01'05"E 152.85 feet;
thence N00°58'55"E 120.00 feet to the point of beginning.
Said parcel contains 41.05 acres, more or less.