HomeMy WebLinkAbout01. 12-510
OCTOBER 23, 2012 12-510 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE FINAL RESOLUTION VACATING PORTION OF
CEAPE AVENUE AT CEAPE/COMMERCE INTERSECTION
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 September 11, 2012 at a regular
meeting of the Common Council to vacate and discontinue a portion of Ceape Avenue
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 October, 2012 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 1st 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 1st 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,
OCTOBER 23, 2012 12 -510 RESOLUTION
CONTD
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.
Partial Street Vacation
Ceape Avenue At Ceape /Commerce Intersection
As described in the attached "Exhibit A"
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.
BXHIBIT A
PARTIAL VACATION OF CEAPE AVENUE
BEING PART OF CEAPE AVENUE ADJACENT TO AND NORTH OF MOORYS
SUBDIVISION OF LOTS 1 AND 2 OF BLOCK 3, LOCATED IN THE FIRST WARD,
ALSO LOCATED IN THE NORTHWEST 1 /a OF THE SOUTHWEST 1 /4 OF SECTION
24, TOWNSHIP 18 NORTH,. RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE WEST %4 CORNER OF SAID SECTION 24; THENCE
SOUTH 00°x.5'31" EAST, 1,230.94 FEET ALONG THE WEST LINE OF SAID
SECTION 24; THENCE NORTH 89 °44'25" EAST, 1,081.46 FEET TO A POINT ON
THE EXTENDED WEST RIGHT -OF -WAY LINE OF COMMERCE STREET;
'THENCE NORTH 00 0 30'06" EAST, 174.78 FEET, ALONG THE SAID EXTENDED
WEST RIGHT -OF -WAY LINE OF COMMERCE STREET TO-TEE SOUTHWEST
CORNER OF CEAPE AVENUE AND THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 00 0 30'06" EAST, 28.00 FEET; THENCE SOUTH 89 °22'19"
EAST, 31.68 FEET TO A POINT ON THE SOUTH LINE OF CEAPE AVENUE;
THENCE SOUTH 49 0 05'51" WEST, 42.23 FEET ALONG THE SOUTHWESTERLY
LINE OF CEAPE AVENUE TO THE POINT OF BEGINNING. SAID AREA
CONTAINS 444 SQUARE FEET, MORE OR LESS.
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ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: September 6, 2012
RE: Final Resolution Vacating Portion of Ceape Avenue at Ceape /Commerce Intersection
BACKGROUND
Council is being asked to vacate a small section of Ceape Ave right- of-way adjacent to the City Center
Hotel property. The land to be vacated is to be utilized as part of proposed improvements to the former
City Center Hotel,
ANALYSIS
The new hotel owners approached the City to vacate the subject piece of Ceape Avenue right -of -way
as part of their renovation of the former City Center Hotel. Plans provided show construction of a
decorative sidewalk along an oversized area of Ceape Avenue which, as designed, would encroach
through this section of Ceape Avenue. Since the Department of Public Works does not permit the use
of decorative paving features within the ROW, and since this area of Ceape Avenue is not necessary
for right -of -way purposes, staff is recommending this portion of right-of-way be vacated but to retain
utility easements in the vacated area.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its September 4, 2012 meeting.
Approved,
City Manager