HomeMy WebLinkAbout10-209JUNE 22, 2010 10 -209 ORDINANCE
FIRST READING
(CARRIED 6 -1 LOST LAID OVER WITHDRAWN )
AS AMENDED
PURPOSE: APPROVE POBEREZNY ROAD ANNEXATION REQUEST
FROM TOWN OF NEKIMI; BETWEEN WEST RIPPLE ROAD
AND COUNTY ROAD N
INITIATED BY: RICHARD GABERT, ETAL
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ANNEXING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 13TH WARD
OF SAID CITY.
The Common Council of the City of Oshkosh do ordain as follows:
WHEREAS, an annexation petition duly circulated has heretofore been signed by
the owners of all the real property within such territory and all of the electors residing in
said territory; and
WHEREAS, Section 66.0217(2) of the Wisconsin Statutes allows for petition to be
filed without a notice of intention to circulate in an annexation by unanimous approval; and
WHEREAS, said annexation petition together with a description of the territory to be
annexed and a scale map showing the boundaries of such territory and its relation to the
municipalities involved, having been filed with the City Clerk of the City of Oshkosh and the
Town of Nekimi; and
WHEREAS, a copy of said annexation petition together with a description of the
territory to be annexed and a scale map having been mailed to the affected municipal and
school district clerks and the Director of the Municipal Boundary Review of the State of
Wisconsin, Department of Commerce within five (5) days of the filing of said petition; and
WHEREAS, not more than one hundred twenty (120) days have lapsed since the
filing of the annexation petition; and
WHEREAS, the Director of the Municipal Boundary Review of the State of
Wisconsin, Department of Commerce has issued his opinion that the annexation is not
contrary to the public interest; and
JUNE 22, 2010 10 -209 ORDINANCE
CONTD
WHEREAS, the petitioners have requested that the annexation ordinance
temporarily designate the classification of the annexed area for zoning purposes; and
WHEREAS, the Plan Commission of the City of Oshkosh is recommending that said
property be temporarily zoned as follows: M -1 Light Industrial with a Planned
Development Overlay
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows
SECTION 1. The following described territory, pursuant to a duly circulated and
filed annexation petition for direct annexation is hereby annexed to and made part of the
City of Oshkosh, a municipal corporation located in Winnebago County, more specifically
to the 13th Ward of said City and subject to Wisconsin Statutes and the amendments
thereto:
(as described in the attached "Exhibit A ")
SECTION 2. Sections 1 -28 and 1 -29 of the Oshkosh Municipal Code pertaining to
Boundaries, Wards, Polls, Benchmarks are hereby amended so as to reflect the provisions
of this Ordinance and the proper City officials are hereby authorized and directed to make
such changes.
SECTION 3. The proper City officials are hereby authorized and directed to comply
with the following requirements of Section 66.0217(9) of the Wisconsin Statutes and the
City Clerk shall give written notice to the appropriate Town Clerk of the acceptance of the
annexation petition and the adoption of this Ordinance.
SECTION 4. Said property hereinabove described is hereby temporarily zoned as
follows: M -1 Light Industrial with a Planned Development Overlay.
SECTION 5. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #10 -XXX APPROVE POBEREZNY ROAD ANNEXATION REQEUST
FROM TOWN OF NEKIMI; BETWEEN WEST RIPPLE ROAD AND COUNTY ROAD N on
June 22, 2010. The Ordinance annexed property to the City of Oshkosh. The full text of
the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the
City's website at www.ci.oshkosh.wi.us Clerk's phone: (920) 236 -5011.
Amendment as follows:
a) Strike the metes and bonds "Legal Description" in Exhibit as attached to
Ordinance 10 -209; and
b) Insert the metes and bonds "Amended Legal Description" provided as
Amended Exhibit A
POBEREZNY ROAD ANNEXATION AMENDMENT
ALL OF LOT 1 OF CERTIFIED SURVEY MAP NO.5928, AND PART OF THE
SOUTHWEST % OF THE NORTHWEST % OF SECTION 10, ALL IN TOWNSHIP 17
NORTH, RANGE 16 EAST, TOWN OF NEKIMI, WINNEBAGO COUNTY, WISCONSIN,
DESCRIBED AS FOLLOWS:
COMMENCING FROM THE WEST % CORNER OF SECTION 10, TOWN 17 NORTH,
RANGE 16 EAST; THENCE NORTH 00 49'56" EAST, 389.49 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUING NORTH 00 49'56" EAST, 338.19 FEET;
THENCE SOUTH 89 07'53" EAST, 248.85 FEET TO A POINT ON THE EAST
RIGHT -OF WAY LINE OF POBEREZNY ROAD; THENCE NORTH 00 28'50" EAST,
187.94 FEET ALONG SAID RIGHT -OF -WAY; THENCE NORTH 00 57'05" WEST,
200.06 FEET ALONG SAID RIGHT -OF -WAY; THENCE NORTH 00 28'50" EAST,
208.88 FEET ALONG SAID RIGHT -OF -WAY TO A POINT ON THE NORTH LINE OF
THE SOUTHWEST % OF THE NORTHWEST % OF SAID SECTION 10; THENCE
SOUTH 88 21'23" EAST, 1,073.08 FEET ALONG THE NORTH LINE OF SAID % %
SECTION, THENCE SOUTH 00 42'24" WEST, ALONG THE EAST LINE OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 10, 1,328.12 FEET,
TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE
NORTH 88 20'16" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF
SAID SECTION 10, 182.82 FEET; THENCE NORTH 01 ° 39'40" EAST, ALONG THE
EAST LINE OF LOT 2 OF CERTIFIED SURVEY MAP NO. 5928 470.00 FEET;
THENCE NORTH 88 20'20" WEST, ALONG THE NORTH LINE OF SAID LOT 2 OF
CERTIFIED SURVEY MAP NO. 5928 328.00 FEET; THENCE SOUTH 40 02'29
WEST, CONTINUING ALONG THE NORTH LINE OF SAID LOT 2 OF CERTIFIED
SURVEY MAP NO. 5928 102.73 FEET; THENCE NORTH 88 20'20" WEST,
CONTINUING ALONG THE NORTH LINE OF SAID LOT 2 OF CERTIFIED SURVEY
MAP NO. 5928 501.27 FEET; THENCE CONTINUING NORTH 88 20'20" WEST,
245.97 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINS 1,127,880
SQUARE FEET OR 25.89 ACRES.
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ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: June 17, 2010
RE: Approve Poberezny Road Annexation Request from the Town of Nekimi; Between
West Ripple Road and County Road N (Plan Commission Recommends Approval)
(Petitioner's are requesting to waive the rules for the second reading and adopt the annexation
ordinance at the June 22, 2010 Council meeting. See attached letter)
BACKGROUND
The petitioners are requesting approval of a direct annexation by unanimous approval of 163.66 acres
of land generally located on the east side of US 41 at the 41/26 interchange with frontage generally
along Poberezny Road. The one exception being approximately 5 acres on the west side of US 41 with
Washburn Street access. The properties are all generally used for agricultural or open space purposes
with some properties containing off - premise signs (billboards).
The City is currently waiting on the Department of Administration's (DOA) review of the annexation
to determine whether in the opinion of the DOA, the annexation is or is not in the public interest and
that information will be provided to Council prior to it taking action on the annexation request. The
Department of Administration's review is a requirement in counties with populations of 50,000 or
more and is advisory only.
The annexation is consistent with the City's Comprehensive Land Use Plan for the area as well as
being in keeping with the terms of the intergovernmental agreement (Resolution 07 -203) between the
City and Town, which has not yet been fully implemented with a Cooperative Plan approved by the
State of Wisconsin.
ANALYSIS
The annexation request is for the immediate development of the proposed FVTC welding school that
will be reviewed by the Plan Commission under a separate action. All property owners have signed
the annexation and zoning petitions and desire their properties to be part of the City. The annexation
of this large assemblage will allow the City to undertake broader sewer and water planning in this area
for future development purposes. The property is proposed to be annexed with an M -1PD zoning
designation which is consistent with the overall recommended land use for the area and the existing
zoning to the west along Washburn Street. The City approved an intergovernmental agreement with
the Town of Nekimi identifying town protected areas and city expansion areas, which this area is in
that expansion area. The agreement provides for annexation/attachment only through unanimous
consent of the property owners. Various City departments have reviewed the proposed annexation and
have not expressed any concerns with being able to service this area.
FISCAL IMPACT
The annexation is being requested to obtain future sewer and water utilities to support more dense
urban development for the area. No funds have yet been budgeted but the annexation will allow the
Department of Public Works to initiate the capital budgeting process for the area. With the annexation
the City is also required to pay to the town 5 years of property taxes from the annexed area which will
amount to approximately $1,000 per year for the entire assemblage of lands being annexed.
RECOMMENDATION
The Plan Commission approved of this request at its June 15, 2010 meeting.
Approved,
�a
City Manager
June 17, 2010
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54901
RE: Poberemy Road Annexation
Town of Nekimi
To Whom It May Concern:
Please allow this letter to serve as our request that the second hearing by the City of
Oshkosh Council in regards to the Poberemy Road annexation be waived. Thank you for
your consideration.
Phillip Ruedinger Ric and Gabert
0 , W&A- ,P o,
Thomas Rusch
:
ITEM: POBEREZNY ROAD ANNEXATION
Plan Commission meeting of June 15, 2010
GENERAL INFORMATION
Petitioner: Richard Gabert, Thomas Rusch
Property Owner: Multiple
Action(s) Requested:
The petitioners are requesting a direct annexation by unanimous approval of approximately 163.66
acres of land currently located in the Town of Nekimi. The annexation involves seven parcels of land.
Applicable Ordinance Provisions:
Requirements concerning annexation are located within Section 30 -9 of the City of Oshkosh Zoning
Ordinance as well as within Section 66.0217 of the WI State Statutes.
Property Location and Background Information:
The petitioners are requesting approval of the annexation of 163.66 acres of land generally located on
the east side of US 41 at the 41/26 interchange with frontage generally along Poberezny Road. The one
exception being approximately 5 acres on the west side of US 41 with Washburn Street access. The
properties are all generally used for agricultural or open space purposes with some properties
containing off- premise signs (billboards).
3ub'ect Site
Existing Land Use Zoning
A ricultural /O en S ace and Off - Premise Signa e A -1, A -2, B -3 (County)
Adiacent Land Use and "Zonin
Land Use Recommendation
Land Use
10 Year Recommendation
Commercial, Industrial, Institutional
20 Year Recommendation
Commercial, Industrial, Institutional
ANALYSIS
The petitioner is requesting to annex the lands for immediate development of the proposed FVTC
welding school that will be reviewed by the Plan Commission under a separate action. This is a
unanimous annexation as all property owners have signed the annexation and zoning petitions and
desire their properties to be part of the City.
The petitioners are proposing to annex this large assemblage to allow the City to undertake broader
sewer and water planning in this area for future development purposes. Sewer and water utilities are
available to the west in the Washburn Street right -of -way. With the annexation the City will begin
capital improvement planning for sanitary sewer interceptor facilities that will be needed to service this
area.
The property is proposed to be annexed with an M -1PD zoning designation which is consistent with
the overall recommended land use for the area and the existing zoning to the west along the Washburn
Street frontage road. The Planned Development designation will allow for review of all new
development in the corridor.
On July 24, 2007 the City of Oshkosh approved an intergovernmental agreement (Resolution 07 -203)
with the Town of Nekimi identifying town protected areas and city expansion areas, which this area is
in that expansion area (see attached map). The agreement provides for annexation/attachment only
through unanimous consent of the property owners, which is the case for this annexation and while the
intergovernmental agreement has not been implemented with a Cooperative Plan due to the Town's
opposition to the west side arterial, the City has thus far been honoring the terms of that agreement.
Various City departments have reviewed the proposed annexation and have not expressed any concerns
with being able to service this area.
RECOMMENDATION /CONDITIONS
Staff recommends approval of the Poberezny Road Annexation with temporary and permanent zoning
of M -1PD Light Industrial District with a Planned Development Overlay as requested.
The Plan Commission approved of the Poberezny Road annexation as requested. The following is the
Plan Commission's discussion on this item.
Mr. Burich presented the item and reviewed the site and surrounding area. He stated that the property
is proposed to be annexed with an M -1PD zoning designation which is consistent with the overall
recommended land use for the area and the existing zoning to the west along Washburn Street. The
Planned Development designation will allow for review of all new development in the corridor. He
also stated that the annexation of this large assemblage will allow the City to undertake broader sewer
and water planning in this area for future development purposes.
Mr. Thorns inquired how far the city limits currently extend in this area.
Mr. Burich displayed on the map the areas currently located in the City and in the townships and
commented that the annexation would be contiguous to the west with a portion of property still located
in the Town of Nekimi to the north of the subject site.
Mr. Thorns questioned if this annexation would have any impact on the development of the west side
arterial.
Mr. Burich responded that it would not have any impact on that development.
Mr. Thorns also asked about the ability to provide sewer and water to this area.
ITEM— Poberezny Road Annexation
Mr. Burich replied that there was currently sewer and water services going down Washburn Street but
the system had a limited amount of capacity. If the annexation is approved, the City will begin
planning for broader service provision for the area.
Ms. Propp inquired why the Veterans' Museum was not included in the annexation request.
Mr. Burich responded that it was due to timing.
Ms. Lohry questioned the amount the City has budgeted for sewer and water services for new
development.
Mr. Burich replied that once the lands are annexed into the City, the planning process would begin to
provide sewer and water services to the area.
Ms. Lohry then questioned if this project would absorb all the available funding for these types of
services.
Mr. Gohde responded that the City budget has no designated allotment for sewer and water services
and that funding for these projects is calculated in anticipation of growth.
John St. Peter, attorney from Edgarton, St. Peter, Petak & Rosenfeldt, 10 Forest Avenue, Fond du Lac,
representing the Town of Nekimi, stated that the Town was in opposition of the annexation request.
He further stated that it was his understanding that Fox Valley Technical College is proposing a school
development on part of the annexed property and he wished to discuss the matter on both a planning
relationship basis and a legal standpoint. The Town has concerns with the size of the proposed
annexation and has been excluded by the developer in any participation in discussions on the matter.
The annexation would create a functional island of Town property and will have a significant impact
on the Town in regard to the phasing in of the development project, stormwater management issues,
road issues, and the impact to the adjacent land uses. He further stated that the developer and the City
should have approached the Town to discuss the annexation in advance. He did not see the urgent need
to develop the proposed training center and felt that it should have been implemented in an orderly
fashion as it will be a large tax base gone from the Town. He commented that Mr. Burich has always
been cooperative to work with and he did meet with him after the petition had been filed and the
proposed development is the greatest concern. He challenged the aspect of a unanimous annexation as
the annexation petition is signed by a Phillip Ruedinger as trustee for a portion of the lands and he
claimed there was not a signed trust to support his authority. The petition is also signed by Thomas
Rusch and Richard Gabert however it is not signed by the other owner of a portion of the land,
Gambrinus Enterprises. There is a land contract between Gambrinus Enterprises and Mr. Rusch and
Mr. Gabert however there is no evidence that it was ever recorded which would result in the petition
not being unanimous as claimed. This would give the Town the ability to challenge the size of the
annexation and other aspects of the petition and he felt that Gambrinus Enterprises was required to be a
signatory on the petition for it to be valid. He suggested that the annexation be postponed until the
City, Town, developers, and Fox Valley Technical College could meet to discuss the matter as the
Town was opposed to the annexation but not the development.
Paul Poberezny, 4375 Waupun Road, stated that the annexation would cover lands on three sides of his
property and that when the land was donated for the development of the Veterans' Museum, he was
told that the City would provide sewer and water services under the highway. He further commented
that there were buildings in the city that could be used for the proposed technical college development
ITEM— Pobereany Road Annexation
and he was opposed to it.
Mr. Palmeri questioned if Mr. St. Peter was correct about the claim that the annexation petition was not
unanimous and if it was feasible to not move forward with the annexation today to allow the Town
time to arrange to meet with the various parties to discuss the matter.
Mr. Burich disagreed and stated that it was the City's position that the annexation petition was
unanimous and stated that Fox Valley Technical College has an urgency to move forward with this
request today to further its development on the site.
Mr. Bowen inquired if the City Attorney felt that the annexation petition was complete.
Mr. Burich responded that the City was acting under the assumption that a land contract was in place
for the property owned by Gambrinus Enterprises and he was not aware of the legal implications of the
land contract not being recorded at this point. The issue at hand for the Plan Commission is to
determine if the annexation of the property is in the City's best interest.
Mr. Thorns questioned why Fox Valley Technical College had two proposals for the same use at two
different locations on the agenda today.
Mr. Burich replied that the property owner of the previous Copps Grocery Store had submitted the
conditional use permit request for their site at 1200 S. Koeller Street not the technical college.
Mr. Thoms stated that he was disappointed that these issues were not discussed with the Town of
Nekimi in advance and that he felt that the annexation was contrary to the Comprehensive Plan as said
plan states that the City does not "leap frog" properties to annex other lands.
Mr. Burich responded that the intergovernmental agreement signed by the Town of Nekimi and the
City of Oshkosh states that property owners have the ability to annex their land into the City upon their
request and a cooperative plan is not in place at this time between the two entities. He also commented
that the annexation was technically not considered "leap frogging" properties as the EAA and airport
facilities are an impediment to the City's growth.
Mr. Thorns clarified that the City had already expanded its boundaries to the west of the subject site
and apparently had no huge burden to extend utility services to this area and wanted verification that if
a petitioner requests annexation of their property into the City; they do not require approval from the
Town.
Mr. Burich responded affirmatively and stated that unanimous annexations do not leave avenues open
to be challenged as a majority annexation does.
Mr. Thorns stated that if the annexation was at the request of the property owners, the Commission
should then be considering if the land use was appropriate.
Mr. Burich replied that the zoning designation being proposed was M -1PD which would allow
commercial and light industrial uses which is compatible with the Comprehensive Plan.
Ms. Propp commented that there was not much development in the three mile corridor that was
previously annexed and she did not feel good about supporting sprawl. She voiced her concern about
ITEM— Pobere�ny Road Annexation 4
the technical college development spurring the annexation request.
Mr. Borsuk stated that the questions at hand are if the annexation is good planning for the City, if it is
compatible with the Comprehensive Plan, is it the desire of the property owners, and good for the
community. On all criteria, approval of this annexation would be the correct choice.
Mr. Hinz inquired when the request would go to the Common Council for action.
Mr. Burich responded that it would be on the agenda next week.
Mr. Hinz suggested that the request be postponed until the next Plan Commission meeting.
Mr. Thorns suggested that the item be moved to the end of the agenda so some matters could be
possibly clarified by the discussion on the other items following this request.
Mr. Fojtik stated that the public comment period could be reopened and Mr. Thorns could get
responses to his questions now.
Mr. Bowen stated that the Commission needs to act on the annexation petition as that is the matter on
the table for consideration. Legal matters should not be an issue for discussion and he agreed with Mr.
Borsuk that the request should be evaluated in the context of itself and not how it relates to other items
on the agenda.
Motion by Bowen to approve the Poberezny Road annexation as requested.
Seconded by Borsuk. Motion carried 6 -3. Ayes- Borsuk/Bowen/Fojtik/Hinz /Monte/
Nollenberger. Nays -Thoms /Palmeri /Propp.
ITEM — Pobere--ny Road Annexation
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Rural Preservation Area
Town of Nekimi Protected Area Protected / Expansion /
- Undetermined City Expansion Area Rural Preservation Zones
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0 1,000 2,000 4,000 s.0oo City of Oshkosh / Town of Nekimi
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Sources: City of Oshkosh GIS, Winnebago C ount y W INGS Project
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�_ - - - - I City of Oshkosh EXHIBIT B
Rural Preservation Area
Town of Nekimi Protected Area Protected / Expansion /
- Undetermined City Expansion Area Rural Preservation Zones
N
0 1,000 2,000 4,000 s.0oo City of Oshkosh / Town of Nekimi
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Fast Boundary Agreement l(J
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Sources: City of Oshkosh GIS, Winnebago C ount y W INGS Project
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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 info m : ti o a located us cordc ,data Poberezny Road Annexation
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 06 -02 -2010
purposes only. The City of Oshkosh is not
responsible for any inaccuracies herein contained.
If discrepancies are found, please ase contact the 500 0 500 1000 1500 2000 2500 3000 Feet Scale: 1" = 1,000'
City of Oshkosh.
Source: City of Oshkosh GIS
POBEREZNY ROAD ANNEXATION 1 34 - 65
PETITION FOR DIRECT ANNEXATION BY UNANIMOUS APPROVAL
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN:
WHEREAS, the undersigned constituting all of the electors and all of the owners of real property in the
territory proposed to be annexed;
NOW, THEREFORE, PETITION IS HEREBY MADE by unanimous approval pursuant to the provisions of
Sec. 66.0217(2) ofthe Wisconsin Statutes, for direct annexation to the City of Oshkosh, Wisconsin, from the Town of
Nekimi, Winnebago County, Wisconsin, of the real estate hereinafter described.
That pursuant to Sec. 66.0217(2), petition is hereby made without compliance to the notice requirements of
Sec. 66.0217(4) of the Wisconsin Statutes.
That the current population of the territory to be annexed as defined by Sec. 66.0201(2)(dm) of the Wisconsin
Statutes is 0
That the territory to be annexed is contiguous to the City of Oshkosh, is located in the Town of Nekimi,
Winnebago County, Wisconsin and is described as follows:
POBEREZN ROAD ANNEXA'T'ION
ALL OF LOT 1 OF CERTIFIED SURVEY MAP NO: 5928, PART OF THE NORTHWEST 1/4 AND PART OF THE
WEST 1/2 OF THE SOUTHWEST'I /4 OF SECTION'10, PART OF THE SOUTHEAST 114 OF THENORTHEAST
1/4 OF SECTION. 9; ALL IN TOWNSHIP '17 NORTH; RANGE;16 E�iS F, TOWN OF NEKIlVII, VJINNEBAGO
COUNTY, WISCONSIN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION l O;THENCE SOUTH 88 °22'22" EAST, ALONG
THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 10, A DISTANCE OF 2,620.81 FEET, TO THE
NORTH 1/4 CORNER OF SAID SECTION; THENCE SOUTH 00 °34'53" WEST, ALONG THE EAST LINE OF THE
NORTHWEST 114 OF SAID SECTION 10, A DISTANCE OF 1,328.57 FEET; THENCE NORTH 88 °21' 19" WEST,
ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 10, A
DISTANCE OF 1,313.32 FEET; THENCE SOUTH 00 °42'24" WEST, ALONG THE EAST LINE OF THE SOUTHWEST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 10, A DISTANCE OF 1328.12 FEET, TO THE SOUTH LINE OF
THE NORTHWEST 1/4 OF SAID SECTION; THENCE NORTH 88 1 20'16" WEST, ALONG THE SOUTH LINE OF
THE NORTHWEST 1/4 OF SAID SECTION 10, A DISTANCE OF 182.82 FEET; THENCE NORTH O1 °39'40" EAST,
ALONG THE EAST LINE OF LOT 2 OF CERTIFIED SURVEY MAP NO. 5928, A DISTANCE OF 470.00 FEET;
THENCE NORTH 88 0 20'20" WEST, ALONG THE NORTH LINE OF SAID LOT 2 OF CERTIFIED SURVEY MAP
NO. 5928, A DISTANCE OF 328.00 FEET; TI4ENCE SOUTH 40 °02'29" WEST, CONTINUING ALONG THE NORTH
LINE OF SAID LOT 2 OF CERTIFIED SURVEY MAP NO. 5928, A DISTANCE OF 102.73 FEET; THENCE NORTH
88 0 20'20" WEST, CONTINUING ALONG THE NORTH LINE OF SAID LOT 2 OF'CERTIFIED SURVEY MAP NO.
5928, A DISTANCE OF 501.27 FEET; THENCE SOUTH 00 °28'54" WEST, ALONG THE EAST RIGHT -OF -WAY OF
POBEREZNY ROAD, A DISTANCE.OF 70.49 FEET; THENCE SOUTH 02 0 22'50" EAST, CONTINUING ALONG
THE EAST RIGHT OF -WAY OF POBBREZNY ROAD, A DISTANCE OF 200.25 FEET; THENCE SOUTH 00 0 28'54"
WEST, CONTINUING ALONG:THE EAST RIGHT- OF- WAY POBEREZNY ROAD; �A. DISTANCE OF 119.27
FEET; THENCE SOUTH 00 ° 28'35" WEST, CONTINUING ALONG THE EAST RIGHT- OF-WAY OF POBEREZNY
ROAD, A DISTANCE OF 80.69 FEET; THENCE SOUTH 01'54'3 1 " WEST, CONTI1VI71NG ALONG TTY EAST
RIGHT -OF -WAY OF POBEREZNY ROAD, A DISTANCE OF 200.06 FEET; THENCE SOUTH 00 °28'35" WEST,
CONTINUING ALONG THE EAST RIGHT-OF-WAY OF POBEREZNY ROAD, A DISTANCE OF 49.20 FEET;
' THENCE SOUTH 88 EAST, ALONG THE SOUTH LINE OF LOT 1 OF CERTIFIED SURVEY MAP NO. 2365,
POBEREZNY ROAD ANNEXATION 1 34 6 5
A DISTANCE OF 335.00 FEET; THENCE NORTH 00 °28'35" EAST, ALONG THE EAST LINE OF LOT 1 OF
CERTIFIED SURVEY MAP NO. 2365, A DISTANCE OF 330.00 FEET; THENCE SOUTH 88 °20' 16" EAST, ALONG
THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10, A DISTANCE OF 444.41 FEET; THENCE
SOUTH 01 0 39'44" WEST, ALONG THE WEST LINE OF LANDS DESCRIBED IN DOCUMENT NOS. 73 8333 AND
747276, A DISTANCE OF.431.00 FEET, THENCE NORTH 88° 20' 16" WEST, ALONG THE NORTH LINE OF
LANDS DESCRIBED IN DOCUMENT NO. 1099392, A DISTANCE OF 157.08 FEET; THENCE SOUTH 0199
WEST, ALONG THE WEST LINE OF LANDS DESCRIBED IN DOCUMENT NO. 1099392, A DISTANCE OF 230.12
FEET; THENCE NORTH 88 WEST, ALONG THE NORTH LINE OF LOT 1 OF CERTIFIED SURVEY MAP
NO. 3768, A DISTANCE OF 55.02 FEET; THENCE SOUTH 01° 39'44" WEST, ALONG THE WEST LINE OF LOT 1
OF CERTIFIED SURVEY MAP NO. 3768, A DISTANCE OF 663.13 FEET; THENCE SOUTH 88 °21'28" EAST,
ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 10, A
DISTANCE OF 519.87 FEET, TO THE CENTERLINE OF WAUPUN ROAD (A.K.A. C.T.H. 'W ); THENCE SOUTH
35 0 37'50" WEST, ALONG THE CENTERLINE OF WAUPUN ROAD (A.K.A. C.T.H.'W ), A DISTANCE OF 1,014.50
FEET, TO THE CENTERLINE OF POBEREZNY ROAD; THENCE NORTH 33 °05'53" WEST, ALONG THE
CENTERLINE OF POBEREZNY ROAD, A DISTANCE OF 163.21 FEET; THENCE SOUTH 56 °54'07" WEST, A
DISTANCE OF 33.00 FEET; THENCE SOUTH 09 °56'28" WEST, ALONG THE WEST LINE OF LOT 2 OF
CERTIFIED SURVEY MAP NO. 4715, A DISTANCE OF 218.85 FEET; THENCE SOUTH 35 °33'47" WEST, ALONG
THE NORTHERLY LINE OF LOT 2 OF CERTIFIED SURVEY MAP NO. 5105 AND IT'S EXTENSION OF, A
DISTANCE OF 16.98 FEET; THENCE NORTH 88 °19'21" WEST, ALONG THE NORTH LINE OF LOT 1 OF
CERTIFIED SURVEY MAP NO. 5105 AND IT'S EXTENSION OF, A DISTANCE OF 586.11 FEET, TO THE WEST
LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10; THENCE NORTH 00 °59'53" EAST, ALONG THE WEST
LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 10, A DISTANCE OF 2,280.84 FEET, TO THE WEST 1/4
CORNER OF SAID SECTION 10; THENCE NORTH 00 °49'56" EAST, ALONG THE WEST LINE OF THE
NORTHWEST 1/4 OF SAID SECTION 10, A DISTANCE OF 727.68 FEET; THENCE NORTH 89 °07'53" WEST,
ALONG THE SOUTH LINE OF LANDS DESCRIBED IN DOCUMENT NO. 1486028, A DISTANCE OF 450.00 FEET;
THENCE NORTH 00 0 49'56" EAST, ALONG THE WEST LINE OF LANDS DESCRIBED IN DOCUMENT NO.
1486028, A DISTANCE OF 600.00 FEET; THENCE SOUTH 89'07'53 "'EAST, ALONG THE NORTH LINE OF LANDS
DESCRIBED IN DOCUMENT NO 1486028, ALSO BEING THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 9, A DISTANCE OF 450.00 FEET; THENCE NORTH 00 °49'56" EAST, ALONG
THE WEST OF THE NORTHWEST 1/4 OF SAID SECTION 10, A DISTANCE OF 1,327.68 FEET TO THE POINT OF
BEGINNING.
Said parcel contains approximately 163.66 acres.
That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be annexed
and its relation to the municipalities involved.
QUALIFICATION
DATE
(elector and/or
NAAM POST OFFICE ADDRESS
SIGNED
property owner
`�9
s s oV
�
134 65
PETITION FOR TEMPORARY AND PERMANENT ZONING CLASSIFICATION
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH:
WHEREAS the undersigned are electors and/or property owners in the area being sought to
be annexed to the City of Oshkosh, said area being more particularly described in a certain petition
for unanim annexation to the City of Oshkosh,
Poberezny Road Annexation,
and,
WHEREAS it is acknowledged by the undersigned that the submitting of this petition does
not in any matter attempt to make said petition for direct annexation conditional upon this petition
or the action taken by the said Common Council pursuant to this petition.
NOW, THEREFORE, the undersigned petition the Common Council of the City of
Oshkosh that the ordinance annexing said territory include a provision temporarily designating the
classification for zoning purposes, pursuant to Sec. 66.0217(8) of the Wisconsin Statutes, until the
zoning ordinance is amended as prescribed in Sec. 62.23(7)(d) of the Wisconsin Statutes, as
follows:
M -1PD, Light Industrial District with Planned Development Overlay
NAME
POST OFFICE AD RESS
DATE SIGNED
Qualification
(elector and/or
pro owner
C tjvaZQ,�0,
cv �1.Z 57e o
ANNEXATION -TOWN OF NEKIMI EXPER AIRCRAFT ASSOC INC RUSCH THOMAS
POBEREZNY ROAD PO BOX 3065 GABERT RICHARD
PC: 06 -15 -10 OSHKOSH WI 549033065 3807 STATE RD 21 #A
OSHKOSH WI 54904
RE 1920 W RIPPLE & VACANT LOTS RE WASHBURN /POBEREZNY /RIPPLE LOTS
OSHKOSH CORP WINNEBAGO COUNTY MESSERSCHMIDT /TODD L
PO BOX 2566 415 JACKSON ST 1690 RIPPLE AVE
OSHKOSH WI 54903 OSHKOSH WI 54901 OSHKOSH WI 549020000
RE 4325 S WASHBURN /3740 FISK
OSHVEGAS PALMS RESORT
1077 MEADOWS LN
FOND DU LAC WI 54935
RE 3911 S WASHBURN ST
EXPER AIRCRAFT ASSOC
PO BOX 3086
OSHKOSH WI 549033065
RE RIGHT OF WAY AREAS
KALHAGEN PROPERTIES LLC JERRY BRAASCH
4349 ACKER RD_ TOWN OF NEKIMI CLERK
MADISON WI 53704 3472 LONE ELM RD
VAN DYNE WI 54979
RE WASHBURN ST VACANT LOT
OSHKOSH YOUTH BASEBALL INC FOLSKE WAYNE W
2860 FOXTAIL LN 4477 POBEREZNY RD
OSHKOSH WI 549040000 OSHKOSH WI 549010000
RE VACANT LOT WAUPUN RD RE 4233 WAUPUN RD
MILITARY VETERANS MUSEUM WISCONSIN PUBLIC SERV CO RUEDINGER PATRICK J
PO BOX 1582 PO BOX 19002 4315 WAUPUN RD
APPLETON WI 549121582 GREEN BAY WI 543070000 OSHKOSH WI 549020000
RE 4300 POBEREZNY RD RE 4320 POBEREZNY RD RE 4315 & VAC LOT WAUPUN RD
LEICHTFUSS GEORGE /DIANE GAMBRINUS ENTERPRISES POBEREZNY /BONNIE L
4310 WAUPUN RD 2850 S OAKWOOD RD 4397 WAUPUN RD
OSHKOSH WI 549020000 OSHKOSH WI 549040000 OSHKOSH WI 549020000
RE VACANT LOTS WAUPUN RD
RUEDINGER TST /CATHERINE
PO BOX 368
WINNECONNE WI 549860000
RE LOTS WAUPUN /POBEREZNY /WASHBURN
RE VAC LOTS POBEREZNY RD
POBEREZNY PAUL H HEMPEL /GREGORY L
PO BOX 2343 4343 WAUPUN RD
OSHKOSH WI 549030000 OSHKOSH WI 549020000
RE 4375 WAUPUN RD
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
ANNEXATION
POBEREZNY RD
Scale: 1" = 1000'
n
N .IHK fH
m THE WATER
City of Oshkosh
Department of
D
Community
06!07/10
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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 re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
ANNEXATION
POBEREZNY RD
Scale: 1" = 1000'
(
N OYHKO-f H
ON THE WATER
City of Oshkosh
Department of
Community Development
06/07/10