HomeMy WebLinkAbout09-139APRIL 28, 2009
09 -139 RESOLUTION
(CARRIED 5 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: GRANT EASEMENT TO KENTUCKY DATA LINK, SOUTH OF
MARINE DRIVE, WEST OF ALGOMA BOULEVARD, TOWN OF
OSHKOSH, TO RELOCATE EXISTING COMMUNICATION
SYSTEM AS PART OF THE USH 41 EXPANSION PROJECT
INITIATED BY: KENTUCKY DATA LINK INC., 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 easement to
Kentucky Data Link Inc. south of Marine Drive, west of Algoma Boulevard, in the Town
of Oshkosh, to relocate an existing communication system as part of the USH 41
expansion project and the proper City officials are hereby authorized and directed to
execute any and all documents necessary for purposes of same.
O„lHKO1H
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kinn y /
Director of Co unity Development
DATE: April 23, 2009
RE: Grant Easement to Kentucky Data Link, South of Marine Drive, West of Algoma
Boulevard, Town of Oshkosh, to Relocate Existing Communication System as
part of the USH 41 Expansion Project Plan
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 KDL's existing communication
system as part of the U.S. Highway 41 expansion project. The proposed easement will be 20 feet
wide and will enable KDL to construct, operate and maintain the proposed cables. The easement
will be placed within an existing ATC easement. 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 April 21, 2009 meeting.
Approved,
City Manager
ITEM: GRANT COMMUNICATIONS SYSTEMS RIGHT -OF-
FOR PROPERTY LOCATED SOUTH OF MARINE DI
OF OSHKOSH
Plan Commission meeting of April 21, 2009
GENERAL INFORMATION
Petitioner Kentucky Data Link, Inc. (KDL)
Owner: City of Oshkosh
Action Requested:
Kentucky Data Link is requesting a communications system right -of -way easement for the
placement and maintenance access for a communication system 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 KDL's existing communication system
as part of the U.S. Highway 41 expansion project. The proposed 20 -foot wide easement will
enable KDL to construct, operate and maintain the proposed cables.
The City Attorney, 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 communication system right -of -way easement as requested.
The Plan Commission approved of the acceptance 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 it was for a proposed 20 -foot wide easement and
will enable KDL to construct, operate and maintain the proposed cables. This was similar to a
previously approved request which is related to the U.S. Highway 41 expansion project.
Mr. Thorns questioned if the site was City owned property.
Mr. Nau confirmed that it was.
Ms. Mattox asked if there was any potential for future development of the parcel.
Mr. Burich responded that the area would be considered while reviewing the pedestrianibike plan
as a possible location for a trail link to Algoma Boulevard.
Motion by Borsuk to approve the right -of -way easement for property located south of
Marine Drive as requested.
Seconded by Mattox. Motion carried 7 -0.
COMMUNICATION SYSTEM
RIGHT -OF -WAY EASEMENT
Document Number L —�
Grant of Communication Systems Right -of -Way Easement ( "Easement ") by City
of Oshkosh ( "Grantor°), whose address is 215 Church Avenue Oshkosh.
wisconsin 54903-'-130: For the sum of One Dollar ($1.00) and other valuable
consideration, Grantor grants to Kentucky Data Link, Inc., a Kentucky
corporation, its successors,- assigns; lessees and agents, ( "Grantee "), subject to
the terms stat� a freely - assignable, perpetual right -of -way and
easement that runs with the land ("Easement") to construct, operate, maintain,
replace and remove a communication system and access path that Grantee
may, from time to time, require, consisting of aerial cables, upon, over, through,
and along that portion of Grantor's property in the Town of Oshkosh, County
of Winnebago, State of Wisconsin, described as follows:
As described in Document Number 894464 being part of the Grantors property in
the Southeast Quarter (SE1 14) of the Southwest Quarter (SW1 14) of Section 3,
Township f8 North, Range 16 East, Town of Oshkosh, County of Winnebago, State
of Wisconsin.
The easement strip granted herein is described as follows:
The centerline of a strip of land twenty (20) feet in width, lying then (10) feet on either.
side of said centerline described as follows, Commencing at the South Quarter Comer of
Section 3, Town 18 North, Range 16 East Town of Oshkosh, Winnebago
County, Wisconsin, thence South 89 degrees, 10 minutes,26 seconds West along the
Southline of Section 3, 257.61 feet to the POB, thence North 29 degrees,47 minutes,03 .
seconds East'98.24 feet; thence North 35 degrees 52 minutes 26 seconds West 44.92
feet to the North property line of the grantors property and the point of termination.
Name and Return Address:
Kentucky Data Link, Inc.
Attn: Legal Department
3701 Communications Way
Evansville, IN 47715
Parcel Identification Number(s)
01"109
The Grantee is also granted the associated necessary rights to:
1) Enter upon the easement strip for the purposes of exercising the rights conferred by this easement 2) Have
reasonable ingress and egress for personnel, equipment and vehicles to and from said easement area across the
Landowner's property adjacent to the easement 3) Construct, install, maintain, operate, repair, replace, rebuild,
inspect, patrol and remove the above designated facilities and other appurtenances that the Grantee(s) deem(s)
necessary. 4) Trim, cut down and remove any or all brush, trees and overhanging branches now or hereafter existing
on said easement strip. 5) Cut down/remove such trees now or hereafter existing on the property of the landowner
located outside of said easement strip which by failing might interfere with or endanger said line, together with the right,
permission and authority to enter in a reasonable manner upon the property of the landowner adjacent to said easement
strip for such purpose. 6) Treat the stumps of any trees or brush to prevent regrowth and apply herbicides in
accordance with applicable laws, rules and regulations, for tree and brush control
The Grantee shall pay a reasonable sum for all damages to property, crops, fences, livestock, lawns, roads, fields and field the
(other than trees trimmed or cut down and removed), directly caused by Grantee in the construction, maintenance,
replacement or removal of said facilities.
The Grantor will have the right to use and enjoy the Easement Tract so long as Grantor's use does not interfere with the rights
conveyed to Grantee. Grantor will not erect any structure, or plant trees or other vegetation within the Easement Tract
The Grantor warrants that Grantor is the owner of the land on which the Easement Tract is located and will defend title to the
land and Easement Tract against the claims of any and all persons, and that Grantor has full authority to grant this Easement
according to its terms.
This agreement is binding upon the heirs, successors and assigns of the parties hereto, and shall run with the lands described
herein.
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 discrepancies are found, please contact the
City of Oshkosh.
Created by - dff
GRANT EASEMENT
SOUTH OF MARINE DR
WEST OF ALGOMA BLVD
Scale: 1 " = 250'
N OfHKOfH
M THE WATER
City of Oshkosh
Department of
Community Development
01/22/09
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