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PLAN COMMISSION STAFF REPORT NOVEMBER 3, 2009 ITEM I: ACCEI>T SIDEWALK EASEMENT ALONG THE SOUTHERLY SIDE OF ROCKWELL AVENUE BETWEEN HIGH AND PEARL AVENUES GENERAL INFORMATION Petitioner/Owner:
University of Wisconsin-Oshkosh Action Requested: The petitioner is requesting the City accept an easement for construction of public sidewalk along the southerly side of Rockwell Avenue
between High and Pearl Avenues. Applicable Ordinance Provisions: N/A, but any location of a public facility use on private property requires acceptance of an easement to the City. Property
Location and Type/Analysis: The subject site is where the University recently began construction of a new academic building located on the south side of High Avenue, west of Rockwell
Avenue. Currently, public sidewalk is located almost entirely within public right-of-way with the exception of a segment near High Avenue which is located on University property with
no known easement. Rockwell Avenue has a narrow right-of-way of only 40 feet. With the width of road surface and existing sidewalk, no area is available for a terrace area. Additionally,
there is the lack of curb and gutter, all of this resulting in no separation from pedestrian and vehicle traffic. The University is proposing to grant an 11.58-foot easement to construct
new sidewalk entirely on University property to address two concerns: • The current sidewalk is located at grade with the road surface of Rockwell Avenue with no terrace area. As proposed,
the new sidewalk will be elevated and provide for a five to six foot terrace area. This will increase pedestrian safety from vehicles utilizing Rockwell Avenue. • To address flooding
concerns, the academic building elevations are significantly higher than the elevation of the existing sidewalk. By relocating and raising the sidewalk, the University is able to maintain
ADA access to the north side of the new building. Additionally, the University will be able to provide a five to six foot wide grass terrace along Rockwell Avenue. Staff feels this is
a justified request. The narrowness of Rockwell Avenue makes it difficult to provide for adequate pedestrian access to the new building. The proposed easement addresses this safety concern
as well as creating some additional green space where none is present.
The Department of Public Works has reviewed the requests and recommends approval of the easement as requested. RECOMMENDATION Staff recommends approval for the City to accept the sidewalk
easement as requested. Item-l-Accept Easement/Rockwell Av 2
~ OJHKOfH City of Oshkosh General Application SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, VVI 54901 PHONE: (920) 236-5059 ON THE WATER **PLEASE
TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: University of WI Oshkosh -Facilities Management -Petitioner's Address: 800 Algoma Blvd City: Oshkosh Date: 10/7109 State:
~ Zip: 54901 Telephone #: (920 ) 424-2006 Fax: (920) 424-0259 Other Contact # or Ema Status of Petitioner (Please Check): [{]Owner []Repre .s.en~. '~vDre nt Prospective B.uyer ~. '0
Petitioner's Signature (required): ~ (b .' .--IV~ 7 ' Date: 10/7109 OWNER INFORMA nON Owner(s): Board of Regents of the University of WI System (Tom Sonnleitner) Date: 10/7109 Owner(s)
Address: 800 Algoma Blvd City: _O_s_h_k_o_sh State: ~ Zip: 54901 Telephone #: ( 920) 424-3030 Fax: ( 920 ) 424-2240 Other Contact # or Email: sonnleit@uwosh.edu Ownership Status (Please
Check): Dlndividual DTrust DPartnership DCorporation Property Owner Consent: (required) By signature hereon, IIWe 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 Plal}?ing Services Division for incomplete submissions or other administrative reasons. Property Owner's Signatur~~U1~~ILMQQ.~ Date: IOe-..l·=:d1-TYPE OF RE UEST:
Access Control Variance .; Easement Privilege in Street (identify) _ Other (identify) _ SITE INFORMATION AddresslLocation of Proposed Project: Rockwell Ave between High Ave and Pearl
Ave Proposed Project Type: ...::S:.:.:id::..::e:.:.:w~a.::.:lk...::E=a=.se::.:.m.::.:e::.:.n:.:.t _ Current Use of Property: Private Property/Green Space Land Uses Surrounding Your Site:
North: _In_d_u_s_tr_ia_1 _ South: University East: University West: University/River Zoning: _R_5_-P_D _ ~ 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.wLus/Community_Deveiopment!Planning.htm
Staff ~ Date Rec'd l(»tk~
October 8, 2009 City of Oshkosh Department of Community Development 215 Church Ave P.O. Box 1130 Oshkosh, VVI54903 RE: Easement application for sidewalk relocation along Rockwell Ave
Oshkosh, VVI 54901 To Community Development Staff: The proposed sidewalk easement is along Rockwell Ave, between High Ave and Pearl Ave. The property is owned by the Board of Regents
of the University ofVVI System. The property is part of the University ofVVI Oshkosh campus and the future location of our new academic building. Currently the City sidewalk is substantially
within the street right-of-way. A portion near High Ave was originally installed on University property. There is no known easement for this portion. As part of the design of our new
academic building, the civil engineer relocated the entire sidewalk onto university property to address the following concerns: 1) The current sidewalk is located along an asphalt strip
running along the edge of Rockwell Ave drive lanes with no curb to separate traffic from driving/driving/parking over the walking area (see photo). Moving the new sidewalk away from
the edge of roadway will increase pedestrian safety. 2) The first floor elevation of the new building is significantly higher than the existing sidewalk along Rockwell Avenue (approximately
5 feet -first floor elevation was set to ensure a building elevation above flood elevations). By replacing the sidewalk and shifting it away from the street, we were able to maintain
an ADA compliant access to the classroom exits along the north face ofthe building and use the new grass terrace to match back into the roadway.PLANNING & CONSTRUCTION FACILITIES MANAGEMENT
UNIVERSITY OF WISCONSIN OSHKOSH, 800 ALGOMA BLVD, OSHKOSH, WISCONSIN 54901 (920) 424-2006, FAX (920) 424-0259 An Equal Opportunity/Affirmative Action Institution, www.uwosh.edu
The specific language of the easement document is currently being finalized between the Dept of Public Works and the University of WI System. Steve Gohde, ofthe Dept of Public Works,
has indicated it is okay to proceed with the submittal while the final language is worked out. The Planning department has requested that the easement be approved prior to final approval
of the project site plan. All other issues and concerns of the City planning staff have been addressed and this is the final step in site plan approval. This project will start construction
about Nov 1st 2009. As you review the application and attachments, please feel free to contact me with any questions or comments. Sincerely, Christine Miles Senior Facilities Architect
University of WI Oshkosh 920-424-2006
~---------------------------------SIDEWALK EASEMENT EXHIBIT PART OF LOT 20 OF ASSESSOR'S (AXLE) PLAT, BEING PART OF THE SW ~ OF SECTION 14, T.18N., R.16E., CITY OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN. CITY ./" 6S5.ES.S.QFi'~iA-0lElI:..L~I ./" \) OSHKOSH ./" ./" sw ~ ./" SECTION 14, T.18N .• R.16E. GRAPHIC SCALE 1"=50' I : i I 0' 50' 100' GR@-]EF PROJECT NUMBER:
DATE: SCALE: DRAWN BY: CHECKED BY: APPROVED BY: REFERENCE SHEET: 20072017.()() SEPT. 29, 2009 1"=100' CMN MCJ PROJECT TITLE: UNIVERSITY OF WISCONSIN OSHKOSH CAMPUS NEW ACADEMIC BUILDING
SHEET TITLE: SIDEWALK EASEMENT EXHIBIT J:\Jobs2007\200 720 17\CAO\Site \dgn \mise \09 _06 19_SW_easement \sidewolk_eosement.dg n -----------------
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1 \ \ \ FOX RIVER 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 responsible
for any inaccuracies herein contained. if discrepencies are found, piease contact the City of Oshkosh. Created by -dff SIDEWALK EASEMENT ROCKWELLAV BETWEEN HIGH & PEARL AV NAOJHKO.fH
ON THE WATE~ City of Oshkosh Department of Community Development Scale: 1" 150' 10/14/09
DISCLAIMER SIDEWALK EASEMENT ROCKWELLAV BETWEEN HIGH & PEARL AV 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 ~~r~Q~~~only, The City
of Oshkosh is not responsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. NAOJHKO.fH ON THE WATER Scale: 1" =' 1000' City of
Oshkosh Department of Community Development Created by -dff 10/14/09
DISCLAIMER SIDEWALK EASEMENT ROCKWELLAV BETWEEN HIGH & PEARL AV N A OJHKOJH 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 responsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. ON THE. WATER Scale: 1" 150' City
of Oshkosh Department of Community Development Created by -dff 10/14/09