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Home My WebLink About09-186MAY 26, 2009 09 -186 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE DISPOSITION OF VACATED NEBRASKA STREET/ WEST 5TH AVENUE RIGHT -OF -WAY TO RIVERFRONT DEVELOPMENT LLC INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the disposition of vacated Nebraska Street right -of -way, at the Nebraska Street/West 5th Avenue intersection, per the attached, is hereby approved and the proper City officials are hereby authorized and directed to execute any and all documents necessary to consummate the sale to Riverfront Development LLC, or its subsidiaries. VV STN z M 03 U) on —i 106 W 6TH AVE 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 discrepencies are found, please contact the City of Oshkosh. Nebraska St. Partial Street Vacation Land Disposition 1" =50' \ G "ia�avan T' 5 COA C ) FA R N City of Oshkosh Wisconsin Community Development 4/23/09 Created by - D 0 0fHK07 ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Ki Director of Co unity Development DATE: May 21, 2009 RE: Approve Disposition of Vacated Nebraska Street /West 5 th Avenue Right -of -Way to Riverfront Development LLC (Plan Commission Recommends Approval) BACKGROUND /SUBJECT PROPERTY The subject area in this request involves an approximately 177 square foot remnant parcel the City obtained as a result of the vacation of a portion of W. 5 th Avenue. The area vacated involves approximately 355 square feet of the northwest section of W. 5 th Avenue and Nebraska Street right -of -way. Whenever the City vacates a portion of right -of -way, typically half of the vacated land goes to one adjoining property and the other half goes to the opposite adjoining property. In this case, the petitioner will receive half of the land in this vacation and the City will retain the other half as there is no second adjoining property. To alleviate this, the City will need to dispose of the City's portion to the petitioner. ANALYSIS The subject property was created as a result of the partial vacation of W. 5 th Avenue. The piece of land is part of the proposed parking lot improvements for Riverfront Development II's Yacht Club site and will allow for an additional parking stall and landscaping along Nebraska Street north of W. 5 th Avenue. The land has no practical use to the City and will be better utilized for the proposed parking lot. FISCAL IMPACT None anticipated other than the vacated property will be returned to the property tax rolls with additional improvement value related to the parking lot. RECOMMENDATION The Plan Commission approved of this request at its April 7, 2009 meeting. Approved, City Manager ITEM: LAND DISPOSITION OF A PORTION OF VACATED WEST 5" AVENUE LOCATED ADJACENT TO 102 WEST 5 TH AVENUE Plan Commission meeting of April 7, 2009 GENERAL INFORMATION Applicant/Owner: City of Oshkosh Actions Requested: The applicant requests the land disposition of a portion of vacated West 5 th Avenue. Applicable Ordinance Provisions: N/A Property Location and Background Information: The area in this request involves an approximately 177 square foot remnant parcel the City obtained as a result of the vacation of a portion of W. 5 th Avenue (Item A). ANALYSIS The subject property was created as a result of the partial vacation of W. 5 th Avenue. The piece of land is part of the proposed parking lot improvements for Riverfront Development II's Yacht Club site and will allow for an additional parking stall and landscaping along Nebraska Street north of W. 5 th Avenue. The land has no practical use to the City and will be better utilized for the proposed parking lot. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the land disposition of partially vacated West 5 th Avenue as requested. The Plan Commission approved of the land disposition as requested. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and explained that Riverfront Development II, LLC, is in the process of renovating their property at 102 West 5th Avenue and the previously vacated sections of Nebraska Street and West 5th Avenue have resulted in an irregularly shaped parcel causing difficulty in designing an efficient parking lot. The petitioner's request will square off the corner of the site allowing for a better parking lot design. Item II.B. was also presented at this time as it is in conjunction with Item I.A. and Commission members decided to vote on these items as one request. Mr. Nau presented this item explaining that with a street vacation the area vacated is split in half and reverts to adjacent property owners. In this case, the City is an adjacent property owner and would retain half of the vacated right -of -way. The City has no use for the vacated right -of -way and proposes to dispose of it to Riverfront Development. Ms. Mattox inquired about the pedestrian right -of -way shown on the site plan where the previously vacated Nebraska Street was located. Mr. Nau replied that the area was for pedestrian access only and not for vehicle traffic. Motion by Nollenberger to approve the partial street vacation of West 5th Avenue and land disposition of a portion of the vacated area located adjacent to 102 West 5th Avenue as requested with the following conditions applied to Item I.A.: 1) The City retains full utility easements within the vacated right -of -way. Seconded by Mattox. Motion carried 6 -0. Item — WSthAv Land Disposition (0 O O�E WATER APPLICANT INFORMATION City of Oshkosh General Application * *PLEASE TYPE OR PRINT USING BLACK INK ** SUBMIT T0: Dept. of Community Developmei 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236 -5059 :� , • Pettioner 1V(arfenscira - &•I ISeIe, Inc. (Aft6 : Madsen) Date: 62123109 Petitioner's Address: 1377 Midway Road ci Menasha state: WI zi p : 54952 Telephone #: (920 ) 739 -0381 Fax: (.920) 733 -8578 Other Contact ff or Email: aaronm @martenson- eisele. Status of Petitioner (Please Check).: [Owner ✓[representative QI'enant []Prospective Buyer Petitioner's Signature (required): I// A- OWNER INFORMATION Date: Owner(s).: Care Properties, LLC (Attu: Jason Lindeman) Date: 02/23/09 Owner(s) Address: PO Box 3006 Telephone #: ( City; Oshkosh st WI Zip: 54 903 - 3006 Fax: ( ) Other Contact # or Email: Ownership Status (Please Check): ❑Individual [lTrust []Partnership [✓ Corporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and maybe postponed by the Planning Serview Divj for incomplete submissions or other administrative reasons. Property Owner's Signature: (.MgX� Date: d Z 3 Oq TYPE OF RE VEST: U Access Control Variance Easement Privilege in Street (identify) - - Other (identify) SITE INFORMATION Address/Location of Proposed Project: 102 West 5th Avenue Proposed Project Type: Resturant/Tavern Current Use of Property: Ir dustriaURecreation-Seasonal Storage Zoning: Land Uses Surrounding Your Site: North: _rax R i VFZ South: East: West: ➢ Application fees are due at time of submittal. Make check payable to City of Oshkush. Please refer to the fee schedule for appropriate fee, FEE IS NON- REFUNDA 3LE For more information please visit the City's website at www.cLoshkosh- wi.us/ Community _Development /Planning:btni Staff DateRec'd -Oq i 2A Beat Yard Bar and Grill Proposed partial area of Nebraska Street to be vacated. In designing parking lot improvements for this development it became apparent that, at the northwest corner of Nebraska St. and W 5 th Av, the previous street vacations resulted in an irregular jog in the property lines. Studying the existing and proposed vehicular traffic flow it seemed logical to propose a rounding of the this intersection. After reviewing this issue with city staff they concurred and suggested that a "privilege in street' be applied for. After further review it was recommended by staff to request a partial street vacation for this small area. of right -of -way. The attached reference drawing and legal description formally depict the area to be vacated. The attached site plan denotes the proposed parking lot islands .and existing lot lines and street lines. 3 I � , I I k1ji i� jl ji i i A li {; i j I { 6 i j i i WEST 6TH AVENUE 4 I I i I I Ii_ k1ji i� jl ji i i A li {; i j I { 6 i j i i WEST 6TH AVENUE 4 REFERENCE DRA WING RIGHT -OF -SPAY TO BE VACATED LEGAL DESCRIPTION: BEING PART OF NEBRASKA STREET ADJACENT TO AND SOUTH' OF BLOCK 1 OF THE PLAT OF THE ORIGINAL THIRD WARD. IN THE NINTH WARD, CITY OF OSHKOSH. WINNEBAGO COhTY, PER LEACH'S MAP OF 1894 AND NOW J IN THE THIRD WARD OF SAID CITY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST 1/4 OF SECTION 24 TOWNSHIP 1B NORTH. RANGE 16 EAST; THENCE NORTH 00 DEGREES 15. MINUTES 28 SECONDS WEST 911.37 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 32 SECONDS EAST 534.25 FEET, TO THE INTERSECTION OF THE NORTH LINE OF VACATED WEST 5TH AVENUE WITH THE WEST LINE OF VACATED NEBRASKA STREET, AND THE POINT OF BEGINNING; THENCE SOUTH 73 DEGREES 15 MINUTES 50 SECONDS EAST 22.97 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 00 SECONDS WEST 1295 FEET; NORTH 89 DEGREES 56 MINUTES 00 SECONDS WEST 22.00 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 00 SECONDS EAST 19.44 FEET, TO THE POINT OF BEGINNING AND CONTAINING 355 SQUARE FEET. Martenson & EisE 109 West Main Strad „.� Oneo, Wl 54968 wwwmwtsr=n•elsele.C= P 920.685.6240 F 920.665.6340 :le, i-nc. Planning Eno ronmental Surveying Engineering Architachre SURVEYORS CERTIFICATE 1 hereby Certify that I have surveyed the Property nr shorn, according to oFflebl rerords and that the pint above drawn Is an dceurete and carreet npresentntlan of saki s—.y. , 3�3• o� c sin .pis re Land urveyor tr S:;,IT:I } ` y ° 0�s su o PROJECT N0. 0- 1500 -007 RaD BOOK PACE f2E 1500WISTREFMCAMN-DWC DOS 06WLWW WAS DRAFTED 8H DM P-1 WEST 1/4 CORNER t I 1 SECTION 24, T18N —R16E j ALUMINIUM MONUMENT I x 3 I I i Qw c W N b I m bIN �� I C.7 v I H I 40 &.1 > 2101 =I — 534.25 fis"was AR£ eo-FRrwCaD m tRe wfduDZ.co cauwy caaaouwnr Sts1EAf a cfeJryaayJ r ._.._.._.._.._. 11L.._.._• r N00'04'00 "F 2 •TSSO F . Z97' 'W i VArEO 19.44' S00 12.85' m I kEST 5 TFi 8'56'00 "yy AVE 1 22.00' --� . ' Zv b I n I W r I i = CARE UC- i I I 501 SOU TH UvN STREET I aswasK IV 54.90 i I J450M I.WDE~ I 1 I -; I SOUTHWEST CORNER I SECTION 24, T1SN —R16E 1 . MAG NAIL LEGAL DESCRIPTION: BEING PART OF NEBRASKA STREET ADJACENT TO AND SOUTH' OF BLOCK 1 OF THE PLAT OF THE ORIGINAL THIRD WARD. IN THE NINTH WARD, CITY OF OSHKOSH. WINNEBAGO COhTY, PER LEACH'S MAP OF 1894 AND NOW J IN THE THIRD WARD OF SAID CITY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST 1/4 OF SECTION 24 TOWNSHIP 1B NORTH. RANGE 16 EAST; THENCE NORTH 00 DEGREES 15. MINUTES 28 SECONDS WEST 911.37 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 32 SECONDS EAST 534.25 FEET, TO THE INTERSECTION OF THE NORTH LINE OF VACATED WEST 5TH AVENUE WITH THE WEST LINE OF VACATED NEBRASKA STREET, AND THE POINT OF BEGINNING; THENCE SOUTH 73 DEGREES 15 MINUTES 50 SECONDS EAST 22.97 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 00 SECONDS WEST 1295 FEET; NORTH 89 DEGREES 56 MINUTES 00 SECONDS WEST 22.00 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 00 SECONDS EAST 19.44 FEET, TO THE POINT OF BEGINNING AND CONTAINING 355 SQUARE FEET. Martenson & EisE 109 West Main Strad „.� Oneo, Wl 54968 wwwmwtsr=n•elsele.C= P 920.685.6240 F 920.665.6340 :le, i-nc. Planning Eno ronmental Surveying Engineering Architachre SURVEYORS CERTIFICATE 1 hereby Certify that I have surveyed the Property nr shorn, according to oFflebl rerords and that the pint above drawn Is an dceurete and carreet npresentntlan of saki s—.y. , 3�3• o� c sin .pis re Land urveyor tr S:;,IT:I } ` y ° 0�s su o PROJECT N0. 0- 1500 -007 RaD BOOK PACE f2E 1500WISTREFMCAMN-DWC DOS 06WLWW WAS DRAFTED 8H DM P-1 RIGHT OF WAY VACATION RIVERFRONT DEVELOPMT II LLC GRANARY RESTAURANT OSHKOSH W 5TH AV & NEBRASKA ST 55 E JACKSON BLVD 500 4620 STONEWOOD DR PC: 04 -07 -09 CHICAGO IL 60604 OSHKOSH WI 54902 CARE PROPERTIES LLC ATTN JASON LINDEMAN PO BOX 3006 OSHKOSH WI 54903 RE 102 W 5TH AV /501 S MAIN ST MARTENSON & EISELE INC ATTN AARON_MADSEN 1377 MIDWAY RD MENASHA WI 54952 RE 50 W 6TH AV 0 a � y s" s y . b E w RES k $ i { S 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 LAND DISPOSITION `8c PARTIAL VACATION OF RIGHT OF WAY N OfHKOfH W 5TH AV & NEBRASKA ST oNfOshn City of Oshkosh Department of Community Development Scale: 1 = 100 03/23!09 l 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. Crea by - dff LAND DISPOSITION & PARTIAL VACATION OF RIGHT OF WAY W 5TH AV & NEBRASKA ST Scale: 1" = 1000' o N QfHKOrH A ox nie wnre1 City of Oshkosh Department of Community Development 0312310.91 E] �� : y � �E�� a �°'�^ �� ;`::� . ';; a•,