HomeMy WebLinkAboutMi-Tech & AT &T
City Attorney's Office
Phone: (920) 236-5115
Fax: (920) 236-5106
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. MAR 2 1 Z007 11,
or!" CLERK'S OFFiCE I
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March 20, 2007
JERROLD ROHLAND
MI-TECH SERVICES
1700 INDUSTRIAL DR
GREEN BAY, WI 54302
CHARLES BARTELT
AT&T
70 E. DIVISION ST.
FOND DU LAC, WI 54935
RE: Privilege in Street Permit/City of Oshkosh
Sec. 66.045, Wis. Stats.
Gentlemen:
On February 13, 2007, by resolution #07-46, the City of Oshkosh Common Council approved your
request for a privilege in street permit subject to certain conditions that are made a part of the approval
resolution. In order for the permit to be valid, each one of these conditions must be satisfied.
To that end, please find enclosed for your signature an Agreement releasing, and holding the City
harmless, from all liability arising from your use of the permit. This, along with the insurance filing
requirements ($200,000/$500,000 limits) are part of state law that enables the City to allow you this use.
Kindly return to this office the signed Agreement along with your proof of insurance, either a separate
policy or naming the City as an additional insured on your policy.
Please execute and return to us as soon as possible. These conditions of approval must be met before you
exercise the privilege in the street. If not, the city is empowered to shut down any activities undertaken
before the paperwork is finished. Direct any questions about insurance and liability releases to this office.
Any other questions concerning the remaining conditions should be directed to the Public Works
Department at 236-5065. Thank you very much for your timely cooperation in these matters.
Sincerely,
CITY OF OSHKOSH
Warren P. Kraft
City Attorney
cc: Pamela R. Ubrig--City Clerk
Dave Patek, Dir. of Public Works
Steve Gohde, Engineering
Darryn Burich, Community Dev.
FEBRUARY 13, 2007
07 -46
RESOLUTION
(CARRIED 6-0
LOST
LAID OVER
WITHDRAWN
)
PURPOSE:
GRANT PRIVILEGE IN STREET; GRANT EASEMENT
MI-TECH SERVICES & AT & T, PETITIONERS
INITIATED BY:
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.
00/7/07 , I ,.
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/ NEW EASEMENT AREA:
Li:lc;l~~d III part of thl' Southeast Quarter of the Southwest Quarterof Sedlon 33,
Township 18 North, Range 16 East; 'CIty of Oshkosh, Wlnnebago County, Wisconsin.
Described as follows:,
Q:m;menclng at the South Quarter corner of said section 33; thence, on all assumed
bearing along the south line oftheSouthwestQuarterofsaldSedlon 33, North 89
degrees .15 mlnutes SO seconds West a distance of 932.24 feet to the new westerly
right-of-way Une of Waukltll Avenue; thence, illong saId westerly line, afOllg the an: of a
curve:concev.e to the northe,ast a distance llf70.99 feet, said curve has a radius of
570.87 feet and a chon! that bears North 61 degrees 32 minutes 37 seconds West a
distance of 70.94 feet to tile poInt of beginning; thence, along the old .north right-of-way
line of Wllukltu Avenue, North 89 degrees 15 minutes SO seconds West a distance of.
69.76 feet; thence North 35 ileg~es 42 minutes 32 seconds East a distance of 29.18
feet; thence, along. the lire: of a curve concave 10 the northeast a dlstarn:e of 68.42 feet,
saId CLlrve has a I'1IdlLlS of' $80.87 feet and a cllord that bears North 48 degrees 54
minutes 01 seconds West a dlsta~ce.of68.38 feet; th8nce North 74 degrees 26 minutes
42 seconds East a .d.lstarn:e of 11.S6. feet to thewesterty right-of-way One of Waukau
Avenue; then~e, along said westerly right-of-way line, along the are: of a curve concave
to the northeast a tllstance .of 61.10 feet.Sllld CLllVe has II radius of 570.87 feet and a
chord that bears South 49. degrees .10 minutes 23 seconds. East I distance of 61.07 feet;
tIlence, along the are of a CUlVe concave. to the northeast a <Iistance of 57.21 feet, said
curve has a radIUs of 570.87 feet end a chord that bears South S5 degrees OG minutes
37 seconds East a distance of 57.18 feet to.the point of b.ei1innlng.
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.DISCLAIMER
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 ofrecords. data
and Information located In various city. county
and state offices and other sources affect/ng
the area shown and It is to be used for reference .
purposes only. The City of Oshkosh is not reo
~ponsible for any InaccuracIes herein contalned~
If discrepencles are found, please contact the
City of Oshkosh.
Scale: 111 = 300'
~
OJHKOfH_
ON TKE WATfR
2551 WAUKAU AV
City of Oshkosh
Department of
Community Development
:reated 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.