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Home My WebLink About11-396SEPTEMBER 13, 2011 11 -396 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: ACCEPT STORM SEWER EASEMENT ON EAST SIDE OF NORTH WESTFIELD STREET, 800 BLOCK/ EVERGREEN RETIREMENT COMMUNITY INITIATED BY: DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to accept a storm sewer easement from Evergreen Retirement Community in the 800 Block of North Westfield Street, per the attached, and to execute any and all documents necessary for purposes of same 0 7RKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: September 8, 2011 RE: Accept Storm Sewer Easement on the East Side of North Westfield Street, 800 Block / Evergreen Retirement Community, owner (Plan Commission recommends approval) BACKGROUND The subject site is located on the east side of N. Westfield Street just north of Sawyer Creek. The land use in the immediate area is predominately multi - family residential with exception of Red Arrow Park to the south. ANALYSIS The proposed easement is a triangular area approximately 2,166 square feet located adjacent to the public sidewalk at the southwest corner of the property. Currently, there is city storm sewer located on the property with associated outfall entering Sawyer Creek. The storm sewer was originally constructed in 1968 when the city owned the property. When the land was sold to the Evergreen Retirement Community, no easement was created. The Westfield Street Bridge crossing Sawyer Creek is scheduled for reconstruction later this year and as part of the reconstruction, the storm sewer and outfall will be replaced facilitating this easement request. The Department of Public Works and City Attorney will work with the property owner to have appropriate easement documents signed and recorded at the Winnebago County Register of Deeds. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its September 6, 2011 meeting. Approved, City Manager ITEM: ACCEPT STORM SEWER EASEMENT AT THE 800 BLOCK OF N. WESTFIELD STREET (EVERGREEN RETIREMENT COMMUNITY) Plan Commission meeting of September 6, 2011 GENERAL INFORMATION Petitioner City of Oshkosh Department of Public Works Owner: Evergreen Retirement Community, Inc. Action Requested: The Department of Public Works is requesting the acceptance of a storm sewer easement to allow construction of a yard drain and storm sewer. Applicable Ordinance Provisions: N/A Property Location and Type: The subject site is located on the east side of N. Westfield Street just north of Sawyer Creek. The land use in the immediate area is predominately multi - family residential with exception of Red Arrow Park to the south. Analysis: The proposed easement is a triangular area approximately 2,166 square feet in area located adjacent to the public sidewalk at the southwest corner of the property. Currently, there is city storm sewer located on the property with associated outfall entering Sawyer Creek. The storm sewer was originally constructed in 1968 when the city owned the property. When the land was sold to the Evergreen Retirement Community, no easement was created. The Westfield Street Bridge crossing Sawyer Creek is scheduled for reconstruction later this year. As part of the reconstruction, the storm sewer and outfall will be replaced facilitating this easement request. The Department of Public Works and City Attorney will work with the property owner to have appropriate easement documents signed and recorded at the Winnebago County Register of Deeds. RECOMMENDATION /CONDITIONS Staff recommends approval of the acceptance of the proposed storm sewer easement as requested. The Plan Commission approved of the proposed easement as requested. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and reviewed the site and surrounding area and explained the reasoning for the easement request. Mr. Thorns questioned what the easement would accomplish and if it would alleviate flooding issues in this area. Mr. Gohde responded that the outlet pipe was being replaced with the bridge replacement over Sawyer Creek and it would not have any direct impact on flooding issues. Motion by Vajgrt to approve the consent agenda. Seconded by Borsuk Motion carried 9 -0. Accept Storm Sewer Easement Evergreen Retirement Community, Inc. and the City of Oshkosh Project Narrative The City of Oshkosh currently owns and operates a storm sewer that discharges to Sawyer Creek at North Westfield Street through property currently owned by Evergreen Retirement Community, Inc. When the existing storm sewer was installed through this property, the City of Oshkosh owned the property. Since that time, the City has transferred ownership of the property to Evergreen Retirement Community, Inc. A formal easement was not recorded prior to the property transfer. The purpose of the easement is to provide an outlet for the storm sewer system into Sawyer Creek. The existing storm sewer will be replaced as a part of the Westfield Street Bridge reconstruction project in 2011. I:\Engineering111 -03 Westfield Street Bridge\Project _Information\Legal%Storm Sewer Easement Project Page 1 of 1 Description for PC for Evergreen.doc 0 0 0 0 b. I u ao 4 m N O / A O i N m z H n a v x n 3 O n P w O A D i S 88'4624 w i ...N V1 ._..__.... ff ` } tp E� art F € \ I tiYf SS I .-- --------- ✓ i 3 f •.� 1111 i { l ' . 3/ ' O \ t MS -3S Z m i t � E E # •�.� � / E =37.50' �� 1 � I } 9I MS - 3N i m z i m m z I .-- --------- ✓ i 3 f •.� 1111 i { l ' . 3/ ' I t SAWYER —N' CREEK I i I y �` I � ` 1f I i° 3 ? y i UTILITY EASEMENT CITY OF OSHKOSH WINNEBAGO COUNTY, WISCONSIN 9I M S - 3nN3AV N180d S[•03S MS -MN T STRAND ASSOCIATES, INCA E N G I N E E R S FIGURE NO. l JOB # 1382 -031 DISCLAIMER This map is neither a legally recorded map nor ACCEPT EASEMENT a survey and it is not intended to be used as one. 1�T This drawing isacod in onocord, 800 BLOCK N WESTFIELD ST 1V O.fHKOfH and information located in various us c city, county ON THE WATER and state offices and other sources affecting the area shown and it is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. Department Of Ifdiscrepenciesarefound ,pleasecontactthe Scale: 1" - 150 Community Development City of Oshkosh. Created by - dff 08/23/11 C _`.._. ir w f Oil um ' I E I' I . MP M��!; J . Bu w Nis loom `� � ,:lam' �7"�� ►' 1N1M! l-lli �/� ■ n r urn Lr ■` V !� �� f! �►Alllnl RUA :fit RIA r- cO 11 DISCLAIMER This map is neither a legally recorded map nor A C C E PT EAS E M E N T 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. Creat by - dff 800 BLOCK N WESTFIELD ST Scale: 1" = 150' N OfHK lH ON THE WATEI City of Oshkosh Department of Community Development 08/23/11