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HomeMy WebLinkAbout09-99APRIL 14, 2009 09 -99 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE PARTIAL RELEASE OF UTILITY EASEMENT ON ALGOMA BOULEVARD SOUTH OF STILLMAN DRIVE INITIATED BY: DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby releases a portion of an existing utility easement on Algoma Boulevard, south of Stillman Drive, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. O,lHKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Ki ey Director of Co ity Development DATE: April 9, 2009 RE: Approve Partial Release of Utility Easement on Algoma Boulevard, South of Stillman Drive BACKGROUND /SUBJECT PROPERTY The subject site is an undeveloped parcel with a large portion recently acquired by the Wisconsin Department of Transportation as part of the U.S. Highway 41 expansion project. The City was granted an easement in the early 1990's allowing for construction of a 24" sanitary sewer located adjacent to the former west right -of -way line of Algoma Boulevard to serve the northwest portion of the City. ANALYSIS The DOT has acquired additional right -of -way along Algoma Boulevard north of the abandoned railroad spur line and south of Stillman Drive which overlaps a portion of the City's easement. As a result of the easement now being partially in the right -of -way, a section of the easement is no longer needed and the DOT has requested a release of rights for the portion of the easement under the right -of -way. The Department of Public Works supports the release of this easement. FISCAL IMPACT None RECOMMENDATION The Plan Commission approved of this request at its April 7, 2009 meeting. Approved, Cityager ITEM: PARTIAL RELEASE OF UTILITY EASEMENT ADJACENT ON ALGOMA BOULEVARD, SOUTH OF STILLMAN DRIVE Plan Commission meeting of April 7, 2009 GENERAL INFORMATION Petitioner: Wisconsin Department of Transportation Owner: City of Oshkosh Action Requested: The City of Oshkosh Department of Public Works is requesting the partial release of a sanitary sewer easement located adjacent to the former west right -of -way of Algoma Boulevard, south of Stillman Drive. Applicable Ordinance Provisions: N/A Property Location and Type: The subject site is an undeveloped parcel with a large portion recently acquired by the Wisconsin Department of Transportation as part of the U.S. Highway 41 expansion project. The City was granted an easement in the early 1990's allowing for construction of a 24' sanitary sewer to serve the northwest portion of the City. ANALYSIS The DOT has acquired additional right -of -way along Algoma Boulevard. (U.S. Highway 45) north of the abandoned railroad spur line and south of Stillman Drive. The City of Oshkosh had previously obtained a sanitary sewer easement in this area. The new right -of -way overlaps a portion of the easement. As a result of the easement now being partially in right -of -way, a section of the easement is no longer needed. The DOT has requested a release of rights for the portion of the easement under right -of -way. The Department of Public Works supports the release of rights. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the partial release of the sanitary sewer easement as requested. The Plan Commission approved of the partial easement release. The following is the Plan Commission's discussion on this item. Mr. Nau explained that the Wisconsin Department of Transportation has acquired additional right -of -way along Algoma Boulevard as part of the U.S. Highway 41 expansion project, and as a result, overlapping a portion of the easement which is now partially in the right -of -way. The DOT has requested a release of rights for the portion of the easement under the right -of -way. There was no discussion on this item. Motion by Nollenberger to approve the consent agenda. Seconded by Mattox. Motion carried 6 -0. CITY OF OSHKOSH ENGINEERING DIVISION FILE NAME Agoma easement release DRAWN 4 -1 -2009 GRAPHIC 0 25 50 100 SCALE: (IN FEET) 1 INCH - 100 FEET STUMAN DR. N i PARTIAL RELEASE OF SANITARY SEWER EASEMENT #748936, RECORDED ON 7 -27 -1990 BY WINNEBAGO COUNTY REGISTER OF DEEDS. (PASSED BY CITY COUNCIL ON 7 -19 -1990, #90 -203) 7 Q G s y 's J PARTIAL RELEASE (ABANDONMENT) OF EXISTING SANITARY SEWER EASEMENT WITHIN NEW ALGOMA BLVD. (USH 45) ROW E 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 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. Created by - dff RELEASE EASEMENT ALGOMA BLVD SOUTH OF STILLMAN DR Scale: 1" = 150' N Of HKOfH ON THE WATER City of Oshkosh Department of Community Development 04102109 V� C- (P -2PD M-3 J J Z a cv O E BASLER N.* ws a W. FERNAU AVE. m WESTWIND RD. uj w o STILLMAN DR. IX SUBJECT ° a w SITE Z w o f LAK IEW J U C METERY. ACKER KIEVAST A O ti > MARQ R -1 . z Tr coW WI AV RIVERSIDE A O E LT VE. 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 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 discrepencles are found, please contact the City of Oshkosh. Created by - dff RELEASE EASEMENT ALGOMA BLVD SOUTH OF STILLMAN DR Scale: 1" = 1000' 0 N fHK fH ON THE WAM City of Oshkosh Department of Community Development 04/02/09 4