HomeMy WebLinkAbout09-254JULY 14, 2009
09 -254 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE GRANTING EASEMENT TO UW- OSHKOSH FOR
PLACEMENT OF CONDUIT AND FIBER OPTIC CABLE ALONG
THE RECREATIONAL TRAIL IN CARL E. STEIGER PARK
INITIATED BY: UW- OSHKOSH
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 UW-
Oshkosh to place conduit and fiber optic cable along the north side of the existing
recreational trail in Carl E. Steiger Park, per the attached, and the proper City officials
are hereby authorized and directed to execute any and all documents necessary for
purposes of same.
OYHKOlH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kinn cy-�
Director of Com ity Development
DATE: July 9, 2009
RE: Approve Granting Easement to UW- Oshkosh for Placement of Conduit and Fiber
Optic Cable along the Recreational Trail in Carl E. Steiger Park
BACKGROUND
UW- Oshkosh is requesting an easement to place underground conduit and fiber optic cable along
the north (easterly) side of the existing recreational trail in Carl E. Steiger Park. Granting of the
easement would enable the University to connect fiber optic from the campus area to their
Facilities Management Building, which is now located at 650 Witzel Avenue.
ANALYSIS
The easement will permit the University to place conduit/fiber optic cable on City -owned
property. Construction is estimated to take about a week. Placement of the cable will not
interfere with park activities nor disturb any park facilities. Various City departments have
reviewed the request and have not expressed any concerns with the easement.
FISCAL IMPACT
None anticipated. The University will be responsible for restoration of any areas disturbed by
placement of the conduit/fiber optic.
RECOMMENDATION
Staff recommended approval and at its July 7, 2009 meeting, the Plan Commission approved
granting the easement.
Approved,
City Manager
ITEM: GRANT FIBER OPTIC CABLE EASEMENT TO UW- OSHKOSH WITHIN CARL E
STEIGER PARK
Plan Commission meeting of July 7, 2009
GENERAL INFORMATION
Petitioner Joann Rife — University of Wisconsin Oshkosh
Owner: City of Oshkosh
Action Requested:
The University of Wisconsin- Oshkosh is requesting an easement for the placement of conduit and fiber optic cable
through the subject property.
Applicable Ordinance Provisions: N/A
Property Location and Type /Analysis:
The subject property is Carl E. Steiger Park and contains a segment of the WIOUWASH Recreation Trail. The
park provides light recreation in the form of a riverwalk and several park benches and a gazebo along the trail.
Surrounding uses include vacant city -owned land to the north, the Fox River to the south, Mercury Marine to the
east and the university's Wellness Center to the west.
The purpose of the easement is to allow the university to place conduit and fiber optic cable on city -owned
property. The proposed fiber optic line will be located along the north side of the existing recreational trail then
turn north entering university -owned property. The proposed 12 -foot wide easement will enable the university to
connect fiber optic from the campus area to their Facilities Management Building located at 650 Witzel Avenue.
Construction is estimated to last approximately five days. Placement of the cable is not expected to interfere with
park activities nor disturb any park facilities.
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 granting an easement to UW -O for placement of fiber
optic as requested.
The Plan Commission approved of granting the easement as requested. The following is the Plan Commission's
discussion on this item.
Mr. Thoms inquired if the long term use of the property would always be a park or would the land ever be
developed?
Mr. Buck believed the property would always be a park.
Motion by Nollenberger. Seconded by Lowry. Motion carried 9 -0.
City of Oshkosh
SUBMIT TO:
General Application
pP
Dept. of Community Development
ON THE WATER
P.O. Box 1130
2155 Church WI 54901
Oshkosh, I 54901
* *PLEASE TYPE OR PRINT USING BLACK INK **
PHONE: (920) 236 -5059
APPLICANT INFORMATION
Petitioner: University of Wisconsin Oshkosh Campus, JoAnn Rife
Date: 06 -11 -09
Petitioner's Address: 800 Algoma Blvd ci shkosh
ty�
State: WI Zi 54901
Telephone #: (920 ) 424 -2438 Fax: ( 920) 424 -0259 Other Contact # or Email: rife @uwosh.edu
Status of Petitioner (Please Check): [Owner [Representative ✓[Tenant []Prospective Buyer
Petitioner's Signature (required): ; /yam.
J
Date:
OWNER INFORMATION
Owner(s): City of Oshkosh
Date:
Owner(s) Address: P.O. Box 1130 Ci Oshkosh
State: WI Zip: 54903
Telephone #: ( 920) Fax: ( ) Other.Contact #.or Email:
Ownership Status (Please Check): [Individual [Trust [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 may be postponed by the Planning Services Division for incomplete submissions
or other administrative
reasons.
Property Owner's Signature:
Date:
TYPE OF RE UEST:
Access Control Variance
✓ Easement
Privilege in Street (identify)
Other (identify)
SITE INFORMATION
Address/Location of Proposed Project: 19 Wisconssin Street
Proposed Project Type: Installation of Conduit and Fiber
Current Use of Property: City of Oshkosh Park and trail
Zoning: M - 2
Land Uses Surrounding Your Site: North: University of Wisconsin Oshkosh Campus
South: Mercury Marine
East: University of Wisconsin Oshkosh Campus
West: Fox River
➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh.
➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE
For more information please visit the City's website at www.ci.oshkosh.wi.us/ Community _Development /Planning.htm
Sta ff(•, DateRec'd
City of Oshkosh
Subject Site:
19 Wisconsin Street
Oshkosh, WI 54903
Parcel Identification: 0103 660100
Legal Description: All that part of the following described centerline that is located on City of
Oshkosh property, being part of the Northeast Quarter (NE1 /4) of Section 23, T.18 N., R. 16 E.,
City of Oshkosh, Winnebago County, Wisconsin, and more fully described as follows:
Commencing at the Southeast corner of said NE1/4, thence North 73 °15'03" West on a
computed bearing based on recorded Winnebago County coordinates, 2152.64 feet, more or less,
to an existing utility manhole known as "Manhole 12 ", being located northwesterly of Wisconsin
Street and northeasterly of the Fox River shoreline; said manhole being the Point of Beginning of
the Centerline of a 12 -foot wide Permanent Fiber Optic Easement described as follows;
Thence North 27 °17'02 ". West, 51.30 feet; thence North 32 °45'53" West, 69.00 feet;
thence North 27 0 07'40" West, 100.84 feet; thence North 36 °56'46" West, 76.14 feet; thence
North 29'32 West, 69.33 feet; thence North 18 °12'53" West, 56.12 feet; thence North
13 °25'14" West, 41.53 feet; thence North 05 °34'45" West, 106.31 feet; thence North 18 °22'31"
East, 51.04 feet; thence North 34 °34'59" East, 137.86 feet; thence North 38 °42'42" East, 163.00
feet; thence North 51'17'18" West, 9.25 feet to an existing utility manhole located Northwesterly
of Osceola Street and Southwesterly of Pearl Avenue and the end of centerline of described
easement.
Narrative for Easement:
The proposed site is the location of City of Oshkosh, Carl Steiger Park alongside the Wiouwash
Trail. There will be no change in use to the existing property and minimal, if any, impediment to
pedestrian use of the trail during the installation process. All existing structures, paved trail and
benches will remain in place and will not be affected. The directional boring process is expected
to take approximately five working days to complete during normal business hours of 7:00 AM —
5:00 PM.
As a precursor to this request, UW Oshkosh has obtained the signatures on an amendment to the
existing Agreement to Fiber Optic Cable from all four parties which allows UW Oshkosh to
install a 96 stand single mode fiber cable in the existing interduct starting at the City of Oshkosh
manhole located at the corner of Wisconsin Avenue and Pearl Avenue, under the Fox River into
City of Oshkosh hand hole located approximately 300 feet South of Dempsey Trail and finally
into the structure located at 650 Witzel Avenue. See Exhibit B attached.
UW Oshkosh, at their own expense, under a project implemented by the Division of State
Facilities, Department of Administrative Services intends to directionally bore alongside the
Wiouwash trail on the North side of the Fox River from the existing City of Oshkosh manhole at
the corner of Wisconsin and Pearl Avenues, to and through UW Oshkosh property and into the
3
duct bank at the UW Oshkosh Student Recreation and Wellness Center. This will allow for the
connection of the single mode fiber cable through this pathway and up to UW Oshkosh Dempsey
Hall from the aforementioned route. See Exhibit A attached. The work for this project will be
completed by Van Ert Electric and the site will, if necessary, be restored to the existing
conditions.
The existing site area is 135,602 square feet (3.113 acres). The directional boring will maintain
48 inches of cover.
Surrounding land uses include the University of WI Oshkosh campus to the north and east, the
Fox River to the west and the Mercury Marine property across Wisconsin Avenue to the south.
We do not anticipate that the proposed easement will have an adverse affect on the surrounding
area.
2
Ekh bitT"' B
Amendment to Agreement to Fiber Optic Cable
This AMENDMENT, made and entered into on the 16th day of March 2009 by and between the
Parties
The parties to this Agreement are:
A . Winnebago County, a subdivision of the State of Wisconsin, with its principal offices located at
415 Jackson Street, P.O. Box 2808, Oshkosh, WI 54903 -2808 ("COUNTY');
B University of Wisconsin Oshkosh, operated by the Board of Regents of The University of
Wisconsin System, with its principal offices located at Dempsey Hall, 800 Algoma Blvd., Oshkosh
Wi 54901 -3551 (" UWO');
C Fox Valley Technical College District, a body politic with its principal offices located at 1825 N.
Bluemound Drive, P.O. Box 2277, Appleton, W154912- 2277("FVTC "); and
D City of Oshkosh, a municipality of the State of Wisconsin, with it's principal offices located at 215
Church Avenue, P.O. Box 1130, Oshkosh, W154903 -1130 ("CITY)
11 The parties hereby agree as follows:
A University of Wisconsin Oshkosh will turn over the. existing twelve (12) strands of fiber, which are
currently dark, from splice 001 to splice 004, (as designated in exhibit A of the original
agreement) to the City of Oshkosh; and
B University of Wisconsin Oshkosh will, at their own expense, install a 96 strand single mode fiber
cable in the existing interduct starting at the City of Oshkosh manhole #12 located at the comer of
High Avenue and Pearl Avenue between splice 001 and splice 004, under the Fox River, through
splice 004, through splice 009, into City of Oshkosh hand hole PH #16 located approximately 300
feet South of Dempsey Trail between splices 009 and 007, and into the structure located at 650
Witzel Avenue; (Splice designation are established by exhibit A of the original agreement.) and
C The balance of the existing agreement will remain in place and enforced regarding
maintenance /repair costs and future capacity.
The persons signing this agreement represent that each person has full authority to consent to this
document and bind his/her respective agency to these terms,
Winnebago County
By: .s�--
Name: �rt� rc L ./x�n.✓a�s
Title: t4liAlWE6VE.0
Unive ty of Wisco sin Oshkosh
.By:
Name: IS—% —<, f:TT 7Q °
Title: V I CL C !4A A 'kLLd --
Fox Valley Technical College District
By: S►a� t Ca �1 �1
Name: 1 fi n ��,�t
Title: (\C1GC C�nLCcvl1S l��c�n
City of Oshkosh
By: 4 -- "
Name: �? ,,Z,o-
Title:
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DISCLAIMER
This map is neither a legally recorded map nor
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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.
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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 ro.
sponsibie for any inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
Created by - dff
GRANT EASEMENT
19 WISCONSIN ST
Scale: 1 " = 200'
0
N 01HK Df H
ON THE WATER
City of Oshkosh
Department of
Community Development
06/24109
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