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Home My WebLink About07-46 FEBRUARY 13, 2007 07 -46 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN PURPOSE: INITIATED BY: GRANT PRIVILEGE IN STREET; GRANT EASEMENT MI-TECH SERVICES & AT & T, PETITIONERS PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, AT & T requests the Common Council grant a privilege in street to Mi-Tech Services, general contractor and other subcontractors as may be required for construction of a telecommunications equipment facility including underground cable and above ground telecommunication cabinets, per the attached; and WHEREAS, upon final construction of the cabinet and installation of the cable, AT & T will assume liability for said facility/equipment; and WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege in a right-of-way; and WHEREAS, the Plan Commission has approved of this request with conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant Mi- Tech Services and other subcontractors as may be required to complete said project, a privilege in street for construction of a telecommunications equipment facility including underground cable and above ground telecommunication cabinet, per the attached, and upon completion of said project, AT & T will assume liability for said equipment, contingent upon the following: 1) Any items to be installed underground or placed on site be installed in a manner that is approved by the Department of Public Works with no modifications or changes in construction procedure without prior approval by the Department of Public Works. 2) If no longer needed all items to be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3) Any problem that may arise as a result of placement of the items be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. 4) All appropriate permits be obtained prior to the start of placement of the items. 5) The items be modified or removed immediately upon the request of the City. 00/1 /07 ut 0 1 t- I i ! I I >.- xt- I I ~l I~ \J 11 It- 11 t- 0\ I w I :;),. ~I I i ;:. ;' ~l ~. iii L ~ I I I I I I I ~./ <:f 1('" ,\) / A/ /, / ~ xH I 8 { r :r: t!: o z ~ , / / P. c. ~. / / / ~\/ ./\ / \ ..l' / NEW EASEMENT AREA: Loca~ed 111 part of th~ Southeast Quarter of the Southwest Quarter of Section 33, Township 18 North, Range 16 East; .Clty of Oshkosh, Wlnnebago County, Wisconsin. Described as follows:. . Commendng at the South .Quarter comer of said Section 33; thence, on an assu(l'led bearing along the south line of the Southwest Quarter of said Section 33, North 89 degrees .15 minutes SO seconds West a distance of 932.24 feet to the new westerly right-pf-way line of Waukau Avenue; thence, lllong said westerly line, along the arc of a curve'concave to the northe.ast a distance Qf 70.99 feet, said CUM! has a radius of 570.87 feet llnd a chord that bears North 61 degrees 32 minutes 37 seconds West a distance of 70.94 feet to the point of beginning; thence, along the old north rlght-of-WilY line of Waukau Avenue, North 89 degrees 15 minutes SO seconds West a distance of. 69.78 feet; thence North 35 degrees 42 minutes 32 seconds East a distance of 29.18 feet; thence, along. the 'arc of a curve conCllve to the northeast II distance of 68.42 feet, said curve has II radius of580.87 feet and a chord that bears North 48 degrees 54 minutes 01 seconds West a distance of 68.38 feet; thence North 74 degrees 26 minutes 42 seconds East a distance of 1l~5!l feet to the westerly right-of-way line of Waukau Avenue; thence, along said westerly right-of-way line, along the arc of a curve concave to the northellst a distance .of 61.10 feet, said curve has a radius of 570.87 feet and a chond that bears South 49. degrees .10 minutes 23 seconds. 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U ;:: V) : . . 8 ..!1 g .5 __ 0 Q::: 'ftA-5-.-AVE;.-_._.__n- - ib o IQ ~ ~ ~~ ~ -'-'-'---W~.WA.U KAU-.AV..E.._._. -. - - r'-'-'-'-'-'-.- i i i i i i i i '''' b;?~A!'1 JI.1l.' L1] ~.'!': ~') .......' \. ~'\ ... " .~:~i~~"'~; cj, D:?'1.::.'. ,..., ~ 0EJ ~.;";'J.~i:';;';" .'" .,..,E_. . .." .' ~._ .' . - . .. ", -." This map is neither a legally recorded map nor a survey and It is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it Is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any Inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. 2551 WAUKAU AV ~ OJHKOfH DISCLAIMER ON THE WATER Scale: 1" = 300' City of Oshkosh Department of Community Development Created by - dff 11/06/06 FEBRUARY 13, 2007 07 -46 RESOLUTION CONT'D 6) The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. 7) It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street within 10 days of notice. 8) The petitioner/owner execute a hold harmless agreement with the City. 9) No additional cabinet (i.e. VRAD cabinet) beyond the 672 cabinet will be placed within the easement or privilege in street areas without prior approval of the City of Oshkosh. 10) Additional landscaping be installed to act as a visual buffer of the masonry structure and above ground cabinets per the Department of Community Development. BE IT FURTHER RESOLVED that the City hereby grants an easement to AT & T for construction of a telecommunications equipment facility including underground cable and above ground telecommunication cabinets, per the attached, and the proper City officials are hereby authorized and directed to execute any and all documents necessary for purposes of same.