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HomeMy WebLinkAbout05-104.doc APRIL 12, 2005 05-104ORDINANCE FIRST READING (CARRIED_______LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE:LEINWEBER ANNEXATION INITIATED BY: BYRON LEINWEBER, OWNER PLAN COMMISSION RECOMMENDATION: Denied A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ANNEXING CERTAIN TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 12TH WARD OF SAID CITY. The Common Council of the City of Oshkosh do ordain as follows: WHEREAS, an annexation petition duly circulated has heretofore been signed by the owners of all the real property within such territory and all of the electors residing in said territory; and WHEREAS, while the annexation petition lists the population as one, the correct population of the territory to be annexed is zero; and WHEREAS, Section 66.0217(2) of the Wisconsin Statutes allows for petition to be filed without a notice of intention to circulate in an annexation by unanimous approval; and WHEREAS, said 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, having been filed with the City Clerk of the City of Oshkosh and 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 Director of the Municipal Boundary Review of the State of Wisconsin, Department of Commerce 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 Director of the 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 as R-1 Single Family Residence; and APRIL 12, 2005 05-104 ORDINANCE FIRST READING CONT’D WHEREAS, the Plan Commission of the City of Oshkosh is recommending that said annexation petition be denied. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. The following described territory, pursuant to a duly circulated and filed annexation petition for direct annexation is hereby annexed to and made part of the City of Oshkosh, a municipal corporation located in Winnebago County, more specifically to the 12th Ward of said City and subject to Wisconsin Statutes and the amendments thereto: A parcel of land being part of the SW ¼ of the NE ¼ of Section 2, T18N, R16E, Town of Oshkosh, Winnebago County, Wisconsin, being described as follows: Commencing at the N. ¼ corner of said ? Section 2; thence S. 0008’01” W., 2,312.92 feet along the west line of the NE ¼ of said Section 2; thence ? N. 8937’00” E., 239.84 feet along the extended south line and the south line of the Vinland Farms Plat to ? the true point of beginning; thence continuing N. 8937’00” E. along the south line of Vinland Farms Plat 1,070.02 feet to a point on the east line of the SW ¼ of the NE ¼ of said Section 2 and the SE corner of ? Lot 35 in said Plat; thence S. 0006’06” W. along said ¼ - ¼ line 330.93 feet to the SE corner of said ¼ ? - ¼ Section; thence S. 8931’52” W., 1,070.61 feet along the south line of said ¼ - ¼ Section; thence N. ? 0012’02” E., 332.53 feet to the true point of beginning. Said parcel contains approximately 8.15 acres. 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) of the Wisconsin Statutes and the City Clerk shall give written notice to the appropriate Town Clerk of the acceptance of the annexation petition and the adoption of this Ordinance. 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 from and after its passage and publication.