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Home My WebLink About09-98APRIL 14, 2009 09 -98 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ACCEPTING DRAINAGE EASEMENT AT SOUTHEAST CORNER OF 9TH STREET ROAD AND CLAIRVILLE ROAD, TOWN OF ALGOMA/CITY EXPANSION AREA INITIATED BY: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 accepts a drainage easement from Ray Jones Sr. at the southeast corner of 9th Street Road and Clairville Road, in the Town of Algoma, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. 0 O.IHK0fH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kinne Director of Com unity Development DATE: April 14, 2009 RE: Approve Accepting Drainage Easement at Southeast Corner of 9th Street Road and Clairville Road, Town of Algoma/City Expansion Area BACKGROUND /SUBJECT PROPERTY The subject property is located at the southeast corner of 9 Street Road and Clairville Road within the Town of Algoma, approximately one quarter of a mile west of the Oshkosh city limits. The subject property is located within the City's future expansion area of the Town of Algoma under the Boundary Agreement. The easement provision came about as a condition of approval on a Certified Survey Map (CSM) that had been requested by the Department of Public Works. ANALYSIS Permanent easements are required at this location for appropriate drainage on and through the propertt. The easement is 50 feet wide and 1,431 feet long running in a north -south direction from 9 Street Road right -of -way to the property's southern property line, as depicted on the attached CSM. The Department of Public Works has been dealing with the property owner and surveyor and the appropriate easement document has been created and signed by the appropriate parties. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its January 6, 2009 meeting. Approved, City Manager PLAN COMMISSION MINUTES January 6, 2009 PRESENT: Ed Bowen, Thomas Fojtik, Paul Lowry, Paul Esslinger, Kathleen Propp, Shirley Mattox, Jeffrey Thoms, Karl Nollenberger EXCUSED: David Borsuk, Meredith Scheuermann STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau, Associate Planner; Steve Gohde, Assistant Director of Public Works; Deborah Foland, Recording Secretary Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of December 16, 2008 were approved as presented. (Lowry/Mattox) I.A. EXTRATERRITORIAL FOUR -LOT LAND DIVISION /CERTIFIED SURVEY MAP AT 3240 CLAIRVILLE ROAD IN THE TOWN OF ALGOMA The petitioner is requesting a four -lot land division/certified survey map from two existing parcels containing a total of 39.14 acres. Sizes of the proposed lots are as follows: Lot 1 = 31.36 acres Lot 2 = 5.00 acres Lot 3 = 1.78 acres Lot 4 = 1.00 acres Mr. Nau presented the item and stated that in November, 2008, the Plan Commission reviewed the proposed wellness center land use on this site and found it to be consistent with the City's 20 -year land use plan. Commission members questioned the reason for the condition requiring an access restriction on West 9th Street Road for Lot 4 /Outlot 1 and why this was not extended to include the remaining lots on the parcel. Mr. Burich explained that since West 9th Street Road is an arterial street, the City would like to restrict any new parcels from accessing onto this street and some type of secondary access would be required for such sites. He further stated that the petitioner has not yet submitted any development plans exhibiting where the accesses were desired, but the condition could be revised to include all parcels on the site if the commission so desired. Commission members discussed the speed limits in this area, the lack of a stop sign at the intersection, as well as the amount of pedestrian traffic and determined that the condition relating to the access restriction should include all the parcels on this site. Commission members also discussed the Comprehensive Plan's residential land use designation for this area and determined that the commercial uses were appropriate for the areas surrounding the intersection. Drainage issues were also discussed and it was determined that since this is an extraterritorial land division, the review of the plans for the development of the site would be the responsibility of the County as it is out of the City's jurisdiction. Teresa Schmick, representing Remedies, LLC, 208 West 12th Avenue, questioned if there would be no access allowed on West 9th Street Road if two driveways would be permitted along Clairville Road. Mr. Burich responded that since this is in a jurisdiction outside of the City's limits, they would have to work with the County on this matter. Plan Commission Minutes 1 January 6, 2009 Motion by Propp to approve the extraterritorial land division/certified survey map for property located at 3240 Clairville Road in the Town of Algoma as requested with the following conditions: 1. Lot 2 is rezoned to the C -1 Neighborhood Business Extraterritorial zoning district. 2. Proposed Lot 4 is designated as Outlot 1. 3. Access restriction be placed upon the W. 9' Street Road the full length of the parcel with the exception of Lot 3. 4. An additional seven feet of right -of -way be dedicated along W. 9` Street Road. 5. A 25 foot corner radius be dedicated at the corner of W. 9 Street Road and Clairville Road. 6 All private easements to be shown on the final CSM 7. Existing drainage ditch and associated easement be shown on the final CSM. Seconded by Esslinger. Motion carried 8 -0. Plan Commission Minutes 2 January 6, 2009 NO. 4704A CERTIFIED SURVEY MAP NO. SHEET OF ALL OF THE N.W. 1/4 OF THE N.W. 1/4 OF SECTION 29, SUBDIVIDER: .TONES R. T18N, R16E, TOWN OF ALGOMA, WINNEBAGO COUNTY, WISCONSIN. RAY oKaslt, w� SUBDIVIDER: JASON BENTLE 35Z 911-1 ST. RD. OSHKOSH, WI 54904 ' BERNTSEN*MONUMENT N.W. CORNER SECTION 29, TIEN. R16E DISTANCE BETWEEN SECTION CORNERS 2686.16'. NORTH LINE OF THE N,W. 1/4 9TH STREET ROAD (73') OF SECTION 29, T78N, R16E BERNTSEN MONUMENT NORTH 1/4 CORNER SEEDETAILW SECTION 29, Tim. R16E JASON BENTLE o ; LOT 2 r NORTHEAST CORNEA OF IITE .' s y "• :.• 217,800 SQ.FT. 8 1 p 1 a iro 5.0000 ACRES o O i 1 x ' 1 ' ' NOTE A WETLAND DELINEATION MUST BE COMPLETED DISTURBANCE ON A LOT. 1 1 a I ; 360.48' PRIOR TO ANY LAND I I N S89'41131'E n �Io m W 1 $ 1 100.2 FRAME GARAGE r 'FRAME SHED 1 U 3 2 -STORY FRAME z HOUSE S 3240 T� i O 1 )8' 5899-41 "E 1745.08' 284 89 40.01 I IMOT =F-WAY LINE >.' 3 289.9Y -- DRAINAGE a I UNPIATIEO LANDS mod EASEMENT l00 ��______ ___ ___ r` 00� a m ^ I OWNERS: JAMES M. SCHMIDT m � EUZABETH L SCHLRZ 589'41 46 E 7.8• _ IOU AU%=1 / 3/ ROD IS OF TRL - - -- ACCESS RESTRICTION: NO NEW ACCESS PLLOWEO THROUGH ANY LOT TO 9TH STREET ROAD., LOT 1 1,356,943 SQ.FT. 31.1511 ACRES TAX PARCEL NO. 0020345 n ;C c a m N o HATCHED AREA DEDICATED TO THE PUBLIC m 96,490 SQ.FT. 2.2151 ACRES O SOUTH LINE OF THE N.W, 1/4 OF THE R ; 1316.10' N.W. 1/4 CF SECDON 29, TIEN. R16F �+ W I. CE A SAIER 1 1349.10' NP OWNER, BRU_ 1 OWNER: SEL14A KOLB l 'S UNPLATTED IJLNOS � UNPLATTED LANDS 3/4' ROD 19 14.8' WEST AND 18.7 1 18'r SOUTH Of TRUE CORNER UNPLATl1a LANDS s�,ll�L*'P•1:11I % F 7jf NORTHEAST CORNEA OF IITE .' s y "• :.• iY N.W. f/4 _ THE N.W. 1/4 OF D. 29, TIGH, R16E l6' WEST CORNER 1 ' ' NOTE A WETLAND DELINEATION MUST BE COMPLETED DISTURBANCE ON A LOT. 1 MARK R, 1 I 1 PRIOR TO ANY LAND I p' REINSCH MGNT -OF -WAY UNE I x � S- 2591•'008 3 I b 1 I r CURVE C1 1' PIPE !' A90TE 4/- I � n iC11N0 7.4' WET CURVE TABLE RADIUS CHORD 25.00 35.81 . N QOUN6 ANO 7.1' NORTH lli n . ' <Z W LOT Cam ER 141 ' p W O SB! O�qW� � ! �� DETAIL 'A' I RN s t°n (NOT TO SCAM I C�Sa I WHICH IS ASSUMED TO BEAR SOUTH 89'41'31" EAST. 50'DRAINACEIT� n EASEMENT - S pa - 1 a 3 WEST 1/4 CORNER SECTION 29. TIIIN. RISE 0 DENOTES 1 INCH DIAMETER IRON PIPE 18 INCHES <p3y� MARY F. RENSEN, ETAL im y F () DENOTES RECORDED DIMENSION WHERE DIFFERENT THAN OWNERS: B< SUSAN E SEDLACHEK e UNFN.ATTED LANDS OWNER: SELMA KOLA OWNER, BRU_ 1 OWNER: SEL14A KOLB l 'S UNPLATTED IJLNOS � UNPLATTED LANDS 3/4' ROD 19 14.8' WEST AND 18.7 1 18'r SOUTH Of TRUE CORNER UNPLATl1a LANDS s�,ll�L*'P•1:11I % F 7jf . I � " 0 P402" 1 ' ' NOTE A WETLAND DELINEATION MUST BE COMPLETED DISTURBANCE ON A LOT. 1 MARK R, 1 I 1 PRIOR TO ANY LAND I p' REINSCH I S- 2591•'008 3 I b 1 I CURVE C1 I LENGTH 39.63 CURVE TABLE RADIUS CHORD 25.00 35.81 CHORD BEARING 544 4' 0' DELTA O' 8' _ nsi-mosfi, O n $ ALL BEARINGS ARE REFERENCED TO THE NORTH ! �� LINE OF THE NW 1/4 OF SECTION 29, T18N, R16E 0 1 WHICH IS ASSUMED TO BEAR SOUTH 89'41'31" EAST. DISTANCES ARE MEASURED TO THE NEAREST HUNDREDTH OF A FOOT. BERNTSEN MONUMENT • DENOTES 1 INCH IRON PIPE FOUND, UNLESS OTHERWISE NOTED. - WEST 1/4 CORNER SECTION 29. TIIIN. RISE 0 DENOTES 1 INCH DIAMETER IRON PIPE 18 INCHES LONG SET, WEIGHING NOT LESS THAN 1.13LB PER LINEAL FOOT. () DENOTES RECORDED DIMENSION WHERE DIFFERENT THAN ACTUAL MEASUREMENT. GRAPHIC SCALE 150 0 75 150 300 600 ( IN FEET ) 1 Inch = 300 ft. R.A. Smith'National, Inc. Beyond Surveys�'ngg and Engineering 2850 Universal Street, Oshkosh Wl 54904 920- 233 -2884 Fax 920 -231 -9872 www.1'asmithnationai.com JOB NO. 4704A QA70047044w� MARCH 18, 2009 47O4AJln1J1f.&I mma AN DISCLAIMER This map is neither a legally recorded map nor a survey and h Is not Intended to be used as one. This drawing is a eompilatlon of records, data and Information located In various city, county and state dfflces 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 discrepancies are found, please contact the City of Oshkosh. Created by - dff 2 ............ ... L ----- EXTRATERRITORIAL LAND DIVISION TOWN OF ALGOMA 3240 CLAIRVILLE RD Scale: 1" = 500' F f ire x , N Of HKOlH oN nre wits+ City of Oshkosh Department of Community Development 10/28/08 5 ;e sUBJ ECT� SITE CT. REBECCA HEIDI HAVEN CT. DY LEE CT. HALVE IOLLOW CT. T--� LN. SAWYER NEWPORT AVE :REEK OR. „ lam] 0 Fox u �> I c o l x TAIL L?L r1 ? F /. 4e O MOM� ■-1al tnr.i N Y N r J R -3 x `n y AVE w BADGER AVE• p t tt �t�ttt I��B A -1 . M- ®��• . FBI 1 = a— r.r O EXTRATERRITORIAU LAND DIVISION 1 -1 r. , � I �� I I�L' TOWN OF ALGOMA This map is neither a legally recorded map nor a surv and It is not intended to be used as One. 3240 C LAI RVI LL E R D data N 0.1HK f H This drawing Is a compilation of records, and Information located in various city, county !! � ON TH WATER and state offices and other sources affecting the area shown and it is to be used for reference Clty of Oshkosh . purposes only. The City of Oshkosh is not re- Department of sponstble for any Inaccuracies herein contained. If discmpencles are found, please contact the S cale: 1 �I 2 000 Community Development City of Oshkosh. 10/28/08 Created by - dff ... :.. �, • ■ „ is .... � .. 1 rrr:�t— 1 IuL;u�. - REBECCA HEIDI HAVEN CT. DY LEE CT. HALVE IOLLOW CT. T--� LN. SAWYER NEWPORT AVE :REEK OR. „ lam] 0 Fox u �> I c o l x TAIL L?L r1 ? F /. 4e O MOM� ■-1al tnr.i N Y N r 6 J R -3 x `n y AVE w BADGER AVE• p A -1 . M- z 3 O EXTRATERRITORIAU LAND DIVISION DISCLAIMER TOWN OF ALGOMA This map is neither a legally recorded map nor a surv and It is not intended to be used as One. 3240 C LAI RVI LL E R D data N 0.1HK f H This drawing Is a compilation of records, and Information located in various city, county ON TH WATER and state offices and other sources affecting the area shown and it is to be used for reference Clty of Oshkosh . purposes only. The City of Oshkosh is not re- Department of sponstble for any Inaccuracies herein contained. If discmpencles are found, please contact the S cale: 1 �I 2 000 Community Development City of Oshkosh. 10/28/08 Created by - dff 6