HomeMy WebLinkAbout11-01JANUARY 11, 2011
11 -01 RESOLUTION
(CARRIED 6 -1 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE FINAL RESOLUTION VACATING PORTION OF
OSCEOLA STREET FROM PEARL AVENUE SOUTHWESTERLY
TO ITS CURRENT TERMINUS
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common
Council has heretofore initiated proceedings on November 9, 2010 at a regular meeting
of the Common Council to vacate and discontinue a portion of Osceola Street in the City
of Oshkosh as described below; and
WHEREAS, a public hearing on the passage of such resolution has been set by
the Common Council, which hearing was set for 6:00 PM in the Council Chambers of
the City Hall, Oshkosh, Wisconsin, on the 11 th day of January, 2011 and written notice
of such meeting was duly served on the owners of all of the frontage of the lots and
lands abutting upon that portion thereof sought to be discontinued as provided by law;
and
WHEREAS, a public hearing was duly held pursuant to said notice at the time
and place therefore affixed and all persons so served and interested were then and
there given an opportunity to be heard; and
WHEREAS, the lots and lands abutting that portion of said street or alley within
said City affected by this resolution are in the 1 st Ward, City of Oshkosh, the description
of said street or alley heretofore set out in this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that it is hereby declared that since public interest requires it, that portion of
the following described street and /or alley in the 1 st Ward, City of Oshkosh, Winnebago
County, Wisconsin, is hereby vacated and discontinued, reserving unto the City of
Oshkosh and any utility affected by this Resolution, the right to maintain, service, repair,
add, replace, or install in the future, sanitary sewer, storm sewer, water main and other
utility facilities in said vacated streets or alley, subject to the restriction that no
improvements are allowed within the reserved area, including but not limited to, building
structures, driveways, parking areas, landscaping or fences. Any improvements shall
be allowed only by special exception of the Board of Public Works.
JANUARY 11, 2011 11 -01 RESOLUTION
CONTD
PART OF OSCEOLA STREET ADJACENT TO BLOCK Q IN WESTERN ADDITION
AND BLOCK 49 PER LEACH'S MAP OF 1894, ALL IN THE FIRST WARD, CITY OF
OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF BLOCK Q IN
WESTERN ADDITION; THENCE S37 0 08'20 "W, 45.00 FEET ALONG THE EASTERLY
RIGHT OF WAY LINE OF OSCEOLA STREET TO THE POINT OF BEGINNING;
THENCE CONTINUING S37 0 08'20 "W, 66.54 FEET ALONG SAID EASTERLY RIGHT
OF WAY LINE; THENCE N39 0 56'21 "W, 16.41 FEET; THENCE S37 0 08'20 "W, 118
FEET MORE OR LESS TO A POINT 532.10 FEET SOUTHWESTERLY OF THE
SOUTHERLY RIGHT OF WAY LINE OF PEARL AVENUE; THENCE
NORTHWESTERLY, 44.00 FEET PARALLEL WITH THE SOUTHERLY RIGHT OF
WAY LINE OF PEARL AVENUE TO THE EASTERLY LINE OF BLOCK 49 PER
LEACH'S MAP OF 1894; THENCE N37 0 08'20 "E, 181 FEET MORE OR LESS ALONG
SAID EASTERLY LINE, THENCE S52 0 32'40 "E, 60.00 FEET PARALLEL WITH THE
SOUTHERLY RIGHT OF WAY LINE OF PEARL AVENUE TO THE POINT OF
BEGINNING. SAID PARCEL OF LAND CONTAINING 9000 SQUARE FEET OF LAND
MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF
RECORD.
BE IT FURTHER RESOLVED that the City Clerk record a certified copy of this
Resolution accompanied with a map showing the location of said vacated street or alley
in the Office of the Register of Deeds for Winnebago County.
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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 oily. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
Partial Street Vacation
Osceola Street
1" =100'
(i )C,s-,, (e
City of Oshkosh Wisconsin
Community Development
N
11/1/2010
Created by - D
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ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn BuQi
Director of Planning Services
DATE: August 19, 2010
RE: Approve Setting Public Hearing Date to Vacate Portion of Osceola Street from Pearl
Avenue Southwesterly to its Current Terminus (Plan Commission Recommends
Approval)
BACKGROUND
The area in this request involves approximately 11,575 square feet of Osceola Street right -of -way
located southwest of Pearl Avenue. The immediate area consists mainly of University related uses
including the Wellness Center, Kolf Sports Center, parking ramp, the River Conference Center and a
surface parking lot. A vacant city owned lot (former Deltox property) is adjacent to the east. The
University submitted a request for vacation of improved Osceola Street right -of -way between Pearl
Avenue and the Fox River in conjunction with a request for land disposition of the former Deltox
property immediately east of Osceola Street.
ANALYSIS
The area of Osceola Street included in this request is almost exclusively used as access to the
University Wellness Center and parking lot parcels therefore it is no longer needed as a public vehicle
route and would relieve the City of the responsibility for maintaining the existing street. The
Department of Public Works has reviewed the request and does not have any concerns with the
vacation except to ensure that easements are provided for utilities located in the right -of -way and that a
sufficient amount right -of -way is retained at the Pearl Avenue intersection for future redesign and
reconstruction. As public access to the trail system/riverwalk is evident at this location, an access
easement is also desired within the existing right -of -way area. Combining two University parcels at 75
Osceola Street and 783 Pearl Avenue will also be required to create right -of -way frontage for both
parcels.
FISCAL IMPACT
N/A
RECOMMENDATION
The Plan Commission approved of this request at its August 17, 2010 meeting.
Approved,
City Manager
ITEM: RIGHT -OF -WAY VACATION OF A PORTION OF OSCEOLA STREET
LYING SOUTHWEST OF PEARL AVENUE
Plan Commission meeting of August 17, 2010
GENERAL INFORMATION
Petitioner: University of WI- Oshkosh
Owner: City of Oshkosh
Actions Requested:
The applicant requests vacation of Osceola Street right -of -way from Pearl Avenue southwest 230
feet to the street terminus.
Applicable Ordinance Provisions:
WI State Stats. 66.1 003 regulate the discontinuance of a public right -of -way.
Property Location and Background Information:
The University of Wisconsin Oshkosh, abutting property owners, submitted a request for vacation
of improved Osceola Street right -of -way between Pearl Avenue and the Fox River. This request
for street vacation is submitted in conjunction with a request for land disposition of the former
Deltox property located immediately east of Osceola Street.
The area in this request involves approximately 11,575 square feet of Osceola Street right -of -way
located southwest of Pearl Avenue. The immediate area consists mainly of University related uses
including the Wellness Center, Kolf Sports Center, parking ramp, the River Conference Center and
a surface parking lot. A vacant city owned lot (former Deltox property) is adjacent to the east.
Subject Site
Exisfinj Land Use Zonin
Public Right-of-Way with On- Street Parkin R -5PD
A Ava ant i . anrl Ucp and 7.nninu
Existing Uses
Zonin
Northwest
UWO Kolf Sports Center /Parkin Ram
R -5PD
Northeast
UWO River Center
R -5PD
West
UWO Wellness Center
R -5PD
East
UWO parking lot and vacant lot
R -5PD & M -2
Com rehensive Plan,Land' Use Recommendation :
Land Use
10 Year Land Use Recommendation
Public &
Institutional
20 Year Land Use Recommendation
Public &
Institutional
ANALYSIS
The area of Osceola Street included in this request is almost exclusively used as access to the
University Wellness Center and the University Parking Lot parcels. Staff feels best use of this
land is to convey the right -of way to the University as the right -of -way is no longer needed as a
public vehicle route and staff supports the vacation as the street is serving only University
controlled lands and the City would no longer have the responsibility for maintaining the existing
street. However, Osceola Street provides the only access to another University controlled
riverfront parcel (75 Osceola) that is developed with walking paths. If the vacation takes place,
this parcel will no longer have right -of -way frontage and should be combined with the adjoining
parcel to the north (783 Pearl), thereby having frontage on Pearl Avenue.
The Department of Public Works has reviewed the request and does not have any concerns with
the vacation except to ensure that easements are provided for utilities and access as well as that a
sufficient amount of right -of -way is retained at the Pearl Avenue intersection to provide for the
redesign and reconstruction of Pearl Avenue in the future. There are currently water lines, sanitary
sewers and storm sewers located within the right -of -way. There may also be the presence of other
private utilities and therefore staff recommends a utility easement be placed along the whole width
and depth of the proposed vacation. Additionally, as public access to the trail system/riverwalk is
evident at this location, an access easement is also desired within the existing right -of -way area.
The City's Comprehensive Plan as well as the University Master Plan depict Pearl Avenue to be
widened and improved as a primary east -west route in this area, taking rerouted traffic from
Algoma Boulevard and High Avenue with the overall goal of making the campus more pedestrian-
friendly by shifting the traffic from central campus. To accomplish the redesign and
reconstruction of Pearl Avenue, a 104 foot wide right -of -way must be retained and/or acquired.
Therefore staff is recommending that the city retain 44 feet of the Osceola right -of -way
(approximately 2,640 square feet) so it will not be necessary to be purchased when needed.
Upon approval of this vacation request as recommended by staff, approximately 2,640 square feet
will remain right -of -way and approximately 9,075 square feet will be distributed to the three
adjoining properties, two owned by the University and the third currently owned by the City. The
University will receive approximately 7,675 square feet of the right -of -way to be attached to
Wellness Center parcel on the west and to the parking lot parcel to the east. The City will receive
approximately 1,400 square feet of the right -of -way adjacent to the vacant lot to the east.
RECOMMENDATION /CONDITIONS
Staff recommends approval of the street vacation, with the exception of the northernmost 44 feet,
with the following conditions:
1. Combination of parcel 01- 0469 -0000 (75 Osceola) and parcel 01- 0467 -0000 (783
Pearl).
2. Utility and access easement is placed on the entire vacation area for any existing
utilities /structures as well as access to adjoining lots.
The Plan Commission approved of the street vacation with the exception of the northernmost 44
feet with conditions noted. The following is the Plan Commission's discussion on this item.
Item - OsceolaStVacation
Mr. Buck presented the item and reviewed the site and surrounding area, the current zoning
classifications and land uses in said area and explained that this request is in conjunction with a
request for a land disposition that will be discussed next on the agenda. He stated that all the
property surrounding the street vacation request consists of University related uses other than the
former Deltox property which is the land disposition to be considered next. The area of Osceola
Street included in the vacation request is almost exclusively used as access to the University
Wellness Center and parking lot parcels and the vacation of said area would relieve the City of the
responsibility of maintaining the existing street. Staff is recommending that the University owned
parcels at 75 Osceola Street and 783 Pearl Avenue be combined if this right -of -way vacation is
approved as the parcel on Osceola Street will no longer possess right -of -way frontage. Utility and
access easements will also need to be placed on the entire vacation area and 44 feet of the Osceola
right -of -way will need to be retained for future reconstruction and redesign of Pearl Avenue. He
also reviewed the University's Master Plan, photos of the site, and conditions recommended for
this request.
Tom Sonnleitner, University of Wisconsin - Oshkosh, 800 Algoma Boulevard, stated that this was
part of the University's Master Plan for the development of the campus which requires everything
to be laid out and that all the abutting properties are currently part of the University.
There was no discussion on this item.
Motion by Nollenberger to approve the right -of -way vacation of a portion of Osceola
Street as requested with the following conditions:
1. Combination of parce101- 0469 -0000 (75 Osceola) and parcel 01- 0467 -0000 (783
Pearl).
2. Utility and access easement is placed on the entire vacation area for any existing
utilities /structures as well as access to adjoining lots.
Seconded by Monte. Motion carried 7 -0.
Item - OsceolaStVacatron
FU
Ua� of Wisconsin -
sroxrx parking Propowd tv.23j - ??? Resident, Commut�er and Stmt Stalls •• •.•.•
OSHKOSH
TM
June 15, 2010
Christopher Strong
Transportation Director
City of Oshkosh
926 Dempsey Trail
Oshkosh, WI 54902 -3489
Dear Mr. Strong:
The University of Wisconsin Oshkosh hereby requests that the City of Oshkosh vacate
the section of Osceola Street located southwest of Pearl Avenue, between Pearl and the
Fox River.
This small stretch of Osceola Street is almost exclusively used by UW Oshkosh
students, faculty and staff as a driveway to Parking Lot 6 and to the Student Recreation
and Wellness Center.
Since the usage of this part of Osceola is mostly by University traffic and since the
University already plows the snow and enforces it's parking regulations, it makes sense
that the street be vacated to the University of Wisconsin Oshkosh.
Thank you for your consideration.
Sincerely,
e lohm
Director, Parking Services
cc: Tom Sonnleitner, Vice Chancellor for Administrative Services
Steve Arndt, Director, Facilities Management
PARKING SERVICES OFFICE - BLACKHAWK COMMONS /LOWER LEVEL
UNIVERSITY OF WISCONSIN OSHKOSH - 800 ALGOMA BLVD - OSHKOSH WI 54901 -8699
(920) 424 -4455 - FAX (920) 424 -0906 - E -MAIL: parking @uwosh.edu
An Equal Opportunity /Affirmative Action Institution - www.uwosh.edu 4,
STREET VACATION BOARD OF REGENTS UW SYSTM
OSCEOLA ST SW OF PEARL AV 800 ALGOMA BLVD
PC: 08 -03 -10 OSHKOSH WI 54901 8601
RE OSCEOLA /PEARL /ROCKWELL /WIS LOTS
CITY OF OSHKOSH
PO BOX 1130
OSHKOSH WI 54903 1130
RE WISCONSIN ST LOT
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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
purpo :ss only. The City of Oshkosh Is not re-
sponsible for any Inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
I Created by - dff
STREET VACATION
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Th n map is it is nalther •legally recorded map nor
a s and Is not Intended to to used as one,
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and information kuated in various city. county
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the area shown and It Is to be used for reference
purposes only. The City of Oshkosh Is not re-
City Of Oshkosh
Department of
sponslble for any Inaccuracies herein contained.
if discrepancies am found, pleass contact the
Community Development
City of Oshkosh.
Scale. 1 " - 1000'
07!23!10
Created by - dff
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This map nditIs neither aispspyreeordedmapnor OSCEOLA ST—
SOUTHWEST
. :urvsy.nd n �. not Intended to a used as ans. N , fI"�� f�"�
This drawing is a compilation of rwords, data
and hMoneation located in various city. count' O F PEARL AV C M TM WAM
and state atticss and other sources affeetinp
the area shown and It Is to be used for reference City of Oshkosh
purposes any. The City of Oshkosh is not re- Department of
sponsibl for any Inaccuracies herein contalned Community Development
if discrepancies are found, pisase contact the
City of Oshkosh. Scale: 1" = 150'
07/23/10
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DISCLAIMER STREET VACATION