HomeMy WebLinkAbout11-364AUGUST 23, 2011
11 -364 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE FINAL RESOLUTION VACATING PORTION OF
RATH LANE ADJACENT TO 1424 RATH LANE, 1900 OMRO
ROAD & 1896 OMRO ROAD
INITIATED BY: RAN -LIE INC., PETITIONER
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common
Council has heretofore initiated proceedings on July 13, 2011 at a regular meeting of
the Common Council to vacate and discontinue a portion of Rath Lane 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 23rd day of August, 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 16th 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 16th 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.
AUGUST 23, 2011 11 -364 RESOLUTION
CONT'D
Part of the Rath Lane public right -of -way In Rath's Addition in the Southwest '/ of the
Southwest % Of Section 15, T18N, R16E, in the Sixteenth Ward, City Of Oshkosh,
Winnebago County, Wisconsin which is bounded and described as follows:
commencing from the West % corner of said Section 15, Thence North 00 °29'38" West,
33.00 Feet to the Southwest Corner Of Rath's Addition, Thence South 89 0 45'27" East
along the South Line Of Rath's Addition 429.70 Feet to the Northwest corner of Rath
Lane and Omro Road, also being the point of beginning; Thence North 00 0 27'48" West,
147.00 Feet to the northeast corner of Lot 12 Of Rath's Addition; Thence South
89 0 45'27" East, 50.00 to a point on the east right -of -way line of Rath Lane; Thence
South 00 °27'48" East, 147.00 to the Northeast Corner of Rath Lane and Omro Road;
Thence North 89 0 45'27" West, 50.00 to the point of beginning. Described area is 7,350
Square Feet or 0.169 Acres, more or less.
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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TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: July 7, 2011
RE: Approve Setting Public Hearing Date to Vacate Portion of Rath Lane Adjacent to 1424 Rath
Lane, 1900 Omro Road & 1896 Omro Road (Plan Commission recommends approval)
BACKGROUND
The area encompassing this request involves approximately 7,350 square feet of Rath Lane right -of -way located
north of Omro Road. The subject right -of -way was platted as part of Rath's Addition to service residential
properties in 1940. The immediate area is mixed -use including single family residences (legal nonconforming),
a restaurant, hotel and golf course. The Rath Lane right -of -way is 50 feet wide by 341 feet long and until
recently provided access to the single family residences along Rath Lane and hotel and restaurant parking lots.
With the reconstruction of the STH 21/USH 41 interchange, the Rath Lane connection to STH 21 has been
eliminated and now connects to N. Koeller Street to the east.
ANALYSIS
As a result of the reconstruction plans for the area, a portion of Rath Lane will remain as unused right -of -way.
The petitioner approached the City to vacate this section to incorporate the land into his three properties in the
immediate vicinity. Staff believes this would be an opportunity for the owner to remove the nonconforming
residential uses and reconfigure the existing separate parcels to redevelop commercially as recommended by the
Comprehensive Plan. If approved, the vacation will create a nonconforming right -of -way access for one parcel
which could be alleviated with either granting a subdivision variance or reconfiguring the lots. This vacation
will also prohibit access for one parcel which will require the creation of a cross access easement. The
Department of Public Works is recommending a utility easement be placed along the entire proposed vacation
area as city sanitary sewer is located there and possibly other private utilities. The Wisconsin Department of
Transportation supports this request as this right -of -way is no longer necessary for the USH 41 project.
The petitioner will have to fulfill the recommended conditions prior to Council acting on the actual vacation
request.
FISCAL HAPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its July 5, 2011 meeting.
Approved,
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City Manager
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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 discrepencles are found, please contact the
City of Oshkosh.
Created by - dff
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STREET VACATION
PORTION OF RATH LN N O.IHKOfH
ON THE warm
City of Oshkosh
Department of
Scale: 1" = 150' Community Development
(not to scale) 06/21/11
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