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Home My WebLink About09-40FEBRUARY 10, 2009 09 -40 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE GRANTING ELECTRIC TRANSMISSION LINE EASEMENT TO AMERICAN TRANSMISSION COMPANY, SOUTH OF MARINE DRIVE IN THE TOWN OF OSHKOSH INITIATED BY: AMERICAN TRANSMISSION COMPANY, PETITIONER PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant an electric transmission line easement to American Transmission Company LLC, south of Marine Drive in the Town of Oshkosh, per the attached, and to execute any and all documents necessary for purposes of same. S - .lHKO ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Ki e Director of Co unity Development DATE: February 5, 2009 RE: Approve Granting Electric Transmission Line Easement to American Transmission Company, South of Marine Drive in the Town of Oshkosh (Plan Commission Recommends Approval) BACKGROUND /SUBJECT PROPERTY The subject property is an undeveloped former railroad right -of -way the City acquired in the 1990's when the rail line was vacated. The general area is lightly developed with a few industrial uses to the north, three single - family dwellings to the south, the WIOUWASH State Recreation Trail and Ecklund Marine to the west and vacant land to the east. ANALYSIS The purpose of the easement request is for the relocation of ATC's existing transmission line as part of the U.S. Highway 41 expansion project. The proposed easement will be 80 feet wide with the transmission line to be located on the easement centerline per the submitted site plan. The easement will enable ATC to construct, operate and maintain the proposed transmission line. After review by the Plan Commission and approval by the Common Council, the easement will be recorded at the Winnebago County Register of Deeds. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its February 3, 2009 meeting. Approved, City Manager ITEM: Plan Commission meeting of February 3, 2009 GENERAL INFORMATION Petitioner American Transmission Company, LLC (ATC) Owner: City of Oshkosh Action Requested: American Transmission Company is requesting an electric transmission line easement for the installation of an overhead transmission line to be located through the center of the subject property. Applicable Ordinance Provisions: N/A Property Location and Type /Analysis: The subject property is an undeveloped former railroad right -of -way the City acquired in the 1990's when the rail line was vacated. The general area is lightly developed with a few industrial uses to the north, three single - family dwellings to the south, the WIOUWASH State Recreation Trail and Ecklund Marine to the west and vacant land to the east. The purpose of the easement request is for the relocation of ATC's existing transmission line as part of the U.S. Highway 41 expansion project. The proposed easement will be 80 feet wide with the transmission line to be located on the easement centerline per the submitted site plan. The easement will enable ATC to construct, operate and maintain the proposed transmission line. The Department of Public Works, and the Oshkosh Fire and Police Departments have reviewed the proposed easement and do not have any concerns with this request. After review by the Plan Commission and approval by the Common Council, the easement will be recorded at the Winnebago County Register of Deeds. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the acceptance of the proposed electric transmission line easement as requested. The Plan Commission approved of the proposed easement as requested. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and explained that the purpose of the easement request is for the relocation of ATC's existing transmission line as part of the U.S. Highway 41 expansion project. Mr. Thorns questioned if the granting of this easement would result in the site being unusable. Mr. Nau responded that the property was mainly a wetland area that did not have much value or potential for use. Motion by Nollenberger to approve the acceptance of the easement as requested. Seconded by Borsuk. Motion carried 5-0. DELIVERER BY HAND January 9,2009 City of Oshkosh 215 Church Ave. - Oshkosh, WI 54901 RE: NOTICE OF NEED TO ACQUIRE AN I ELECTRIC TRANSMISSION LINE EASEMENT FOR THE RELOCATION OF LINES E,5 & 1-61, DUE TO WISDOT HIGHWAY IMPROVEMENT PROJECT; PARCEL NUMBER 018-0109; PART OF THE SOUTHEAST (SE 1 /4) OF THE SOUTHWEST QUARTER (SW 1 /4), SECTION 3, T18 N-R 16 E, TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN; Gentlemen: Please be advised that AMERICAN TRANSMISSION COMPANY, LLC (ATC), whose principal address is N19 W23993 Ridgeview Parkway West Waukesha, Wisconsin, proposes to acquire an easement from you on your property in the SE % of the SW %, Section 3, T 18 N, R 16: E, Town of Oshkosh, Winnebago County, Wisconsin. The easement is for the purpose of constructing, maintaining and operating an electric transmission line. Please find the following documents for your review: Project Area Map — Showing all property affected by this project. 2) Property Owner List — Showing neighboring landowners to whom easement offers are being made by ATC. 3) Slectritc Transmission Line Easement — This must be signed on page 2 on the signature line- above your typed name. Please note,that you must sign this in the presence of a notary public who completes the appropriate portion on the page follovdng your signature 4) W-9 Form — Please insert your social security number and then sign your name where inclicated. 5) Agreement for the Disposition of Trees and Brush — Details how you would like ATC to dispose of the trees and brush that may need to be cleared from the easement area. Please sign and date and return this document. This document should be witnessed but does not heed to be notarized. 2 City of Oshkosh Page (2) Upon receipt of the completed documents ATC will issue a draft in the amount of $13,300.00. If you have any questions, I am avatable to meet with you at your convenience or you can reach me at 715-891-2984. Thank you for your cooperation in this matter. Sincerely, Carl Lemmer Contract Real Estate Agent Enc. Easement, W-9, Landowner list, Tree and Brush C?ispositton Form, Project Flap CADoeurnonts and SetgngstCarl Lernrner0eskb*%City of Oshkosh offer iettsr.doc 3 EASEMENT DESCRIPTION MAP (EXHIBIT B) ITEE: AMERICAN TRANSMISSION COMPANY LLC GRANTOR: CITY OF OSHKOSH N19 W23993 RIDGEVIEW PKWY. W. 215 CHURCH AVE. WAUKESHA, WI 53188 OSHKOSH, WI 54901 TAX PARCEL NO. 018-0109 CENTER 114 CORNER 2 SECTION 3, T18N -R16E O Uj 6 CENTERLINE 80' r `, '. z k TRANSMISSION LINE „ Zi EASEMENT r MARINE DRIVE' ` \ � - O N� (VARIABLE) 0 _ POE x o -y N35 52'26 - W O 44.92' z v N v N M ° o z 4 PROPERTY LINE C".) o, A '..'... "...... '~ CITY OF OSHKOSH OLD RAILROAD �:: r:i :: "':::= PART OF SEl /4 SWI /4 GRADE c TH LINE ::'" .aa:.; TION 3 SECTION 3, T18N -R16E :°:�:. a \ S89 257.61' ........ 2660.10 POB 3 / SOUTH 114 CORNER , SECTION 3, T18N -R16E , y o SECTION 3, T18N -R16E a i i 0 s i N `• j ! LEGEND — �— TRANSMISSION EASEMENT fO MAP KEY — — — — TRANSMISSION RIGHT OF WAY LINE — — TRANSMISSION CENTERLINE z ATC TRANSMISSION SECTION LINE Co LINE EASEMENT ----- PROPERTY LINE - m = 0.265 ACRES —:— ROAD RIGHT OF WAY LINE NOTE: BEARINGS BASED UPON WINNEBAGO COUNTY COORDINATE SYSTEM. LEGEND 0 . Found Iron N Set 518' Iron m S -1704 0- t •Found Concrete ete Monument a - Set Concrete Monument 1 R - RECORDED M - MEASURED STS CONSULTANTS J 1050 Wilson St. , I AMERICAN TRANSMISSION COMPANY Marquette, MI THE ENERGY ACCESS COMPANY 906- 228 -2333 [ REVISIONS www.stsconsultonts.com c.popm o 2005. Wine N 1 OF 2 Drawn: SDK Date: 12/15/2008 Scale: 1 s 100'. N�� 200803343 4 /i / w -rim % / I ! w R / / 1 1 i \ % / I / / I ! i ! / � a i \ DISCLAIMER Q GRANT EA SEMENT This map Is neither a legally recorded map nor a Surv and it is not intended to be one. N KOf This drawing is a compilation of rec d data SOUTH OF MARINE DR OfH H and information located in various city, county WEST O F ALG O MA BLVD ow r " E w.T and state offices and other sources affecting City Of Oshkosh the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- Department Of sponsible for any inaccuracies herein contained. COI1 munity Development If discrepancies are found, please contact the City of Oshkosh. Scale: 1 " = 250' 01122!09 Created by - dff M,. . I _I iK4 ■ilE ',. 4 i V' go a di ON fq W, 1 3 a� Is I ■;i e a� a�.