HomeMy WebLinkAbout11-469
OCTOBER 25, 2011 11-469 RESOLUTION
(CARRIED 7-0 ___LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: GRANT ACCESS EASEMENT TO AMERICAN TRANSMISSION
COMPANY ALONG THE SOUTHERN PROPERTY LINE OF THE
DETENTION BASIN AT THE SOUTHEAST CORNER OF
WESTHAVEN CIRCLE AND MARICOPA DRIVE
INITIATED BY: PUBLIC WORKS DEPARTMENT
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 grant an access easement to
American Transmission Company along the southern property line of the detention
basin at the southeast corner of Westhaven Circle and Maricopa Drive, and the proper
City officials are hereby authorized and directed to execute any and all documents
necessary for purposes of same.
OJHKOJH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: October 20, 2011
RE: Grant Access Easement to American Transmission Company Along the Southern
Property Line of the Detention Basin at the Southeast Corner of Westhaven Circle and
Maricopa Drive (Plan Commission recommends approval)
BACKGROUND
The proposed easement is a 25.00-foot by approximately 320 foot, 8,048 square foot strip of land
located along the south property line of the city's property. The property contains a city-owned
detention basin currently under construction which will serve the Westhaven area. Located along the
east (rear)property line are a series of overhead high-voltage power lines and associated private utility
easement owned and maintained by ATC. The general area is predominately a mix of single and
multiple family uses as well as Westhaven Golf Course to the east and north.
ANALYSIS
The Department of Public Works has been working with ATC in conjunction with the construction of
the detention basin. Through the design of this basin, the Department of Public Works requested
permission to encroach within the ATC easement for construction purposes. In exchange for allowing
the encroachment, the Department of Public Works recommends the granting of an access easement to
ATC to allow them access to their utilities. This portion of the property will be utilized by the
Department of Public Works for access around the detention basin for operation and maintenance, and
the granting of the access easement to ATC will not impact the use or function of the detention basin.
The Department of Public Works and City Attorney will work with ATC 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 October 18, 2011 meeting.
Approved,
City Manager
ITEM: GRANT ACCESS EASEMENT WESTHAVEN CIRCLE & MARICOPA
DRIVE
Plan Commission meeting of September 20, 2011
GENERAL INFORMATION
Petitioner: City of Oshkosh Department of Public Works
Owner: City of Oshkosh
Action Requested:
The Department of Public Works is requesting the granting of an access easement to allow American
Transmission Company(ATC), LLC access to their infrastructure located on the east side of the subject
property.
Applicable Ordinance Provisions: N/A
Property Location and Type:
The proposed easement is a 25.00-foot by approximately 320 foot, 8,048 square foot strip of land located
along the south property line of the city's property. The property contains a city-owned detention basin
currently under construction which will serve the Westhaven area. Located along the east(rear)property line
are a series of overhead high-voltage power lines and associated private utility easement owned and
maintained by ATC. The general area is predominately a mix of single and multiple family uses as well as
Westhaven Golf Course to the east and north.
Analysis:
The Department of Public Works has been working with ATC in conjunction with the construction of the
detention basin. Through the design of this basin,the Department of Public Works requested permission to
encroach within the ATC easement for construction purposes. In exchange for allowing the encroachment,
the Department of Public Works recommends the granting of an access easement to ATC to allow them
access to their utilities. This portion of the property will be utilized by the Department of Public Works for
access around the detention basin for operation and maintenance, and the granting of the access easement to
ATC will not impact the use or function of the detention basin.
The Department of Public Works and City Attorney will work with ATC to have appropriate easement
documents signed and recorded at the Winnebago County Register of Deeds.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the granting of the proposed access easement as requested.
The Plan Commission approved of the access easement as request. 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 detention basin
project and discussed the purpose of the proposed easement request.
There was no discussion on this item.
Motion by Vajgrt to approve the consent agenda as requested.
Seconded by Cummings. Motion carried 9-0.
ATC Access Easement
Project Narrative
The Department of Public Works has been working with the American Transmission Company, LLC
(ATC) in conjunction with the construction of the Westhaven Clubhouse Area Detention Basin.
Through the design of this detention basin, the Department of Public Works requested permission to
encroach within the ATC easement for the construction of the detention basin. In exchange for allowing
the encroachment, the Department of Public Works recommends the granting of an Access Easement to
ATC along the southern property line of the parcel that contains the detention basin. This portion of the
property will be utilized for the Department of Public Works for access around the detention basin for
operation and maintenance, and the granting of the access easement to ATC will not impact the use or
function of the detention basin.
2
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NE19'25'36'E.244.30'(LOT UNE) /� (FOUND AWN.DISK)
(LOT UNE IS SOUTH OF (/
THE 1/4 SEC.LINE) RE COR.OF 1117
W.1/4 CORNER OF / �• 303 0 500'47'43'E
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c LEGAL DESCRIPTION
— NB9'12'17'E,2652 3' a Proposed Ingress-egress Easement for American
1 :S. f o�o o d Transmission Company Through Storm Water Pond
. _ LOT 303 $ g Parcel, Oshkosh, WI
1 7fm ADDN A strip of land, 25 feet in width, being the south 25
—NEWHAVEN i i w feet of Lot 303. 2nd Addition to Westhoven subdivision,
I m I R ; located in the NE 1/4 of the SW 1/4 of Section 28,
ETownship 18 North, Range 16 East, City of Oshkosh,
I I x'x x o Winnebago County, Wisconsin, being more particularly
oo o described as:
Commencing at the Center of said Section 28;
/ / ,iL__._0=S6fi.00' thence S89'-23'-37"W, along the north line of said
389.92' Y SW 1/4 of Section 28, 242.33 feet to the northerly
Zt I ANG=61.020 extension of the cost line of said Lot 303;
1.3,7.7.4523-15'43-W 1.7452]'15'431V 1 2.2= thence S00'-47'-43'E, along said northerly extension,
„ 0.61 feet to the northeast corner of said Lot 303;
•
F, < I w ' thence continuing S00'-47'-43-E, along the east line
/ �1mLTrY TxR(311D1f S of said Lot 303, 1046.46 feet to the the southeast
c corner of said Lot 303 and the Point of Beginning of
IS+
this description;
G o —� thence S78'-49'-21"W, along the south line of said
.14• Lot 303, 319.42 feet to the southwest corner of said
N 0 o 20 Lot 303• said point being on the arc of a curve to
II the left, said curve having its radius point bearing
westerly, 465.05 feet, said curve also being along the
1-.. EASEMENT AREA = 42' I easterly right-of- way line of Maricopa Drive;
` 1'9 .'".. `k 6.048 S0. FT., OR 100 thence northwesterly 25.01 feet along the arc of said
Icurve, the long chord of which bears N12'-43'-07'W,
s 3 25.01 feet;
\,,,::::...15.13.C.L. 0.185 ACRE S,2= 1I thence N78'-49'-21.E. 324.67 feet to the east line of
LOT BOUNDARY 0 0 0 said Lot 303;
R-465.05' I sI thence S00'-47'-43.E. along said lot line, 25.42 feet
L-165.06'
I ANS=20'20'16' FOUND 2' t0 the Point of Beginning and the end of this
LC-S21'20 "E 10.LP.AT • description;
164.21' V.'S N CORNER I containing 8,048 square feet, or 0.185 acre of land.
OPOS T� GMGS,
'� pR E 324.67 �a 500'47.43"E,
uHE g 49 2t"E// �� o 0 25.42'
FOUND 1•I.D.LP. N7
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a • 1•
• �i� GARAGI`' 2 ;Z
i' 107 304 m
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L = 25.01'
CRESTVIEW DR. I ANG = 03'04'54"
LC = N12'43'07"W,
25.01'
r NETS THIS DRAWING DOES NOT CONSTITUTE A SURVEY AS DEFINED er
SECTION 7.02 OF CHAPTER A-E 7 OF THE WISCONSIN ADMINSTRATNE
CODE
N
tNORTH IS REFERENCED TO THE WIS.
STATE PLANE COORS.SYSTOA,SOUTH SEPTEMBER 13, 2011
ZONE.WD 63(2007),WITH THE NORTH
LINE OF THE HAVNG A BEARINGIOF Se9'2}SECTION 7W.� PREPARED en PLAT OF EASEMENT
aCOM FOR CITY OF OSHKOSH
D• so• LOW MD' PROPOSED ACCESS EASEMENT FOR ATC
=I IMIIIII■IMMI SCALE PART OF THE NE 1/4 OF THE SW 1/4 OF
t♦ t_ SECTION 28, T.18N., R.16E.,
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CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
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DISCLAIMER i
This map is neither a legally recorded map nor GRANT EASEMENT
a survey and it not intended to be used as one. �T OiHKOfH
This drawing is a compilation of records,data 1V
and information located in various city,county 1400 S W E S THAV E N DR
and state offices and other sources affecting
ON THE WATE1I
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
If discrepencies are found,please contact the Scale: 1" = 150' Community Development
City of Oshkosh.
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DISCLAIMER Q
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a survey and it is not intended to be used as one. *7
This drawing is a compilation of records,data 1400 S W E ST HAV E N DR 1V O.f HKOlH
and information located in various city,county oH 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- Department of
sponsible for any inaccuracies herein contained. p
Ifdiscrepencies Tye found,please contact the Scale: 1�� = 1 0001 Community Development
City of Oshkosh.
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DISCLAIMER
This map is neither a legally recorded map nor GRANT EASEMENT
a survey and it is not intended to be used as N one.
This drawing is a compilation of records,da 1400 S WESTHAVEN DR N O.IHKOJH
and information located in various city,county ON THE wart
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
Ifdiscrepencies are found,please contact the
City of Oshkosh. Scale: 1" = 150' Community Development
Created by-dff 10/10/11
6