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Home My WebLink About11-166APRIL 26, 2011 11 -166 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE RELEASE OF UTILITY EASEMENTS ON PROPERTY AT 1402 MT. VERNON STREET INITIATED BY: TRUE NORTH ARCHITECTURE, PETITIONER PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby releases water main, sanitary and /or storm sewer easements running under the existing building at 1402 Mt. Vernon Street /300 Custer Avenue, per the attached, with the condition that the petitioner /property owner assumes ownership of the City utilities via an agreement to be approved by the City Attorney's office. BE IT FURTHER RESOLVED that the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. O YHK OfH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich� Director of Planning Services DATE: April 21, 2011 RE: Approve Release of Utility Easements within Vacated Eastman Street on Property at 1402 Mt. Vernon Street (Plan Commission recommends approval) BACKGROUND The subject site is a fully improved manufacturing and warehousing property with site improvements including approximately 150,000 square feet of building footprint. The property is essentially an entire block from E. Custer to E. Nevada Avenues and Mt. Vernon to Grand Streets, and also contains a vacated segment of Eastman Street. The land uses in the area include residential developments to the west and south, and industrial uses to the north and east. ANALYSIS The petitioner is requesting the release of a water main, sanitary and storm sewer easements located within the vacated right -of -way of Eastman Street between E. Nevada and E. Custer Avenues as they are in the process of renovating the existing industrial structures for reuse. Part of their renovation includes making new connections to city utilities; however, portions of the existing building structures are located over the city mains making new connections extremely difficult. Also, the location of the buildings over the city mains makes it impossible for the city to maintain and make repairs if necessary. The vacation will not affect any other properties as the utilities within the easement only service the subject property. The Department of Public Works supports the release of rights and is requesting the property owner assume ownership of all city utilities located on the property. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its April 19, 2011 meeting. Approved, City Manager ITEM: RELEASE OF WATER MAIN, SANITARY SEWER AND STORM SEWER EASEMENTS ALONG THE VACATED EASTMAN STREET RIGHT -OF- WAY BETWEEN E. NEVADA AND E. CUSTER AVENUES (1402 MOUNT VERNON STREET) Plan Commission meeting of April 19, 2011 GENERAL INFORMATION Petitioner: True North Architecture, LLC. Owner: City of Oshkosh Action Requested: The petitioner is requesting the release of a water main, sanitary and storm sewer easements located within the vacated right -of -way of Eastman Street between E. Nevada and E. Custer Avenues. Applicable Ordinance Provisions: N/A Property Location and Type: The subject site is a fully improved manufacturing and warehousing property with site improvements including approximately 150,000 square feet of building footprint. The property is essentially an entire block from E. Custer to E. Nevada Avenues and Mount Vernon to Grand Streets, and also contains a vacated segment of Eastman Street. The land uses in the area include residential developments to the west and south, and industrial uses to the north and east. ANALYSIS The petitioner is in the process of renovating the existing industrial structures for reuse and is requesting the city to release the utility easements. Part of their renovation includes making new connections to city utilities; however, portions of the existing building structures are located over the city mains making new connections extremely difficult. Also, the location of the buildings over the city mains makes it impossible for the city to maintain and make repairs if necessary. The vacation will not affect any other properties as the utilities within the easement only service the subject property. The Department of Public Works supports the release of rights. In addition, the Department of Public Works is requesting that the property owner assume ownership of all city utilities located on the property. RECOMMENDATION /CONDITIONS Staff recommends approval of the release of the water main, sanitary and storm sewer easements with the following condition: 1. Petitioner /property owner assumes ownership of city utilities via an agreement approved by the City Attorney's Office. The Plan Commission approved of the release of easements as requested with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and reviewed the site and surrounding area. He explained the reasoning for the release of easements and also reviewed the conditions recommended for this request. Motion by Nollenberger to approve the release of water main, sanitary sewer and storm sewer easements along the vacated Eastman Street right -of -way between E. Nevada and E. Custer Avenues (1402 Mt. Vernon Street) with the following conditions: 1. Petitioner /property owner assumes ownership of city utilities via an agreement approved by the City Attorney's office. Seconded by Borsuk. Motion carried 8 -0. Release Easements- Mt6ernonSt Adap#We Properties 460 Broad St. Oshkosh, WI 54901 Phone 920.426.2386 March 21, 2010 Fax 920.426.2964 Mr. Allen Davis, Director Community Development — City of Oshkosh 215 Church Avenue, P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 Reference: 1402 Mount Vernon Street — Oshkosh Adaptive Properties Dear Mr. Davis: RECEIVED MAR 21 2011 COMMUNITY DEVELOPMENT We would like to request a Release of Easement for Storm Sewer, Sanitary Sewer and Water services in the previously vacated Eastman Street between East Custer Avenue and Nevada Streets in the City of Oshkosh. It is our understanding that this release does not include other utilities from non - city -owned companies that may or may not be within the previously vacated street right -of -way. Please contact either myself or my architect, Tim Carlson of True North Architecture, if you have any questions or need additional information. Randall Davis Adaptive Properties LLC Cc: Tim Carlson, True North Architecture LLC 3 mfg, 7 =v 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 h1 not re- sponsible for any Inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. Created by - dff 6 a 300 SUBJECT SITES � 0 132.00' 201 205 203 207 N c o c c 142 fib' z ,,„ 13220' ® 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 h1 not re- sponsible for any Inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. Created by - dff 6 a 300 SUBJECT SITES � 0 � L - 142.83' G C N g i c e ) N 1322' RELEASE EASEMENTS VACATED EASTMAN ST BETWEEN CUSTER AV & NEVADA AV Scale: 1" = 100' I 0 N fHK fH ON TXE WATEP City of Oshkosh Department of Community Development 0410811' 1_ 132.0' c o c c 142 fib' z ,,„ � L - 142.83' G C N g i c e ) N 1322' RELEASE EASEMENTS VACATED EASTMAN ST BETWEEN CUSTER AV & NEVADA AV Scale: 1" = 100' I 0 N fHK fH ON TXE WATEP City of Oshkosh Department of Community Development 0410811' 1_ 1p 1.• !=. 7 M M el V�la1 ! t��i : 3►� t _n. 7 � r s� �■ �■J��III ag - r or 1!11 •� � x ,. - 71 �Lii`� � ■ ■1►�71 • 1�'an _• : C.M ma ■M' S sr ZZ ::N.— �i �` ■r �� =I'•_ ■ .■� .fh I �� r I d , 11 �. L•J •sr �� . it !: __�• at 1; SUBJECT SITES 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 disc re are found, please contact the City of Oshkosh. RELEASE EASEMENTS VACATED EASTMAN ST BETWEEN CUSTER AV & NEVADA AV N QfH K lH ON THE WATER City of Oshkosh Department of Community Development Created by - dff Scale: 1" = 100' 04/08/11