HomeMy WebLinkAbout01. 13-466
OCTOBER 22, 2013 13-466 RESOLUTION
(CARRIED___6-0___LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE FINAL RESOLUTION VACATING ALLEY BETWEEN
LIBBEY AVENUE & EAST SMITH AVENUE AND MT VERNON
STREET & ASHLAND STREET
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 10, 2013 at a regular
meeting of the Common Council to vacate and discontinue an alley south of Libbey
Avenue, north of East Smith Avenue, east of Mt. Vernon Street and west of Ashland
Street, 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 22nd day of October, 2013 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 15th 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 15th 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.
OCTOBER 22, 2013 13-466 RESOLUTION
CONT'D
Alley Vacation: South of Libbey Avenue, North of East Smith Avenue, East of Mt Vernon
Street and West of Ashland Street
All that portion from the north right-of-way line of East Smith Avenue to the south right-
of-way line of Libbey Avenue, abutting Lots 1 through 24, Block 13, Second Addition to
the Inter Urban Land Co's Plat, all part of the Northeast % of the Southwest 1/4, Section
12, Township 18 North Range 16 East, all within the 15th Ward, City of Oshkosh,
Winnebago County, Wisconsin.
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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The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the
approximate relative location of property, boundaries and other feature from a variety of sources.
Printing Date:8/20/2013 01HKO/H
These map(s)/datasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineedng, or surveying purposes. They are provided "AS-IS" without Prepared by:City of Oshkosh, VVI ON THE WATER
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
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OIHKOJH
OH TKE NAUEA
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: September 5, 2013
RE: Set Public Hearing Date to Vacate Alley Between Libbey Avenue and East
Smith Avenue (Plan Commission recommends approval)
BACKGROUND
Council is being asked to set a public hearing date for a proposed alley vacation between the
2300 block of Mount Vernon and Ashland Streets from E. Smith to Libbey Avenue. The
subject area consists mainly of residential uses with exception of a contractor yard at the
northeast corner of E. Smith Avenue and Mount Vernon Street. Over the last several
decades, similar vacations of alleys have occurred within this neighborhood which is all part
of various additions of the Plat of Interurban Land Company's Subdivision. This vacation
would be the last alley vacation from the aforementioned plats. State Statutes require that
the public hearing be held no less than 40 days after the introductory resolution which would
set the public hearing date for this request no earlier than the Council's October 22nd meeting.
ANALYSIS
The area in this request involves approximately 9,661 square feet of right-of-way that
formerly served as an alley behind residences. The subject right-of-way was platted as an
alley in 1910 as were all of the blocks of this plat which possessed a 16-foot alley splitting the
blocks down the middle. Many of these alleys were vacated beginning in the 1960's with the
land conveyed to adjacent property owners. The subject site is no longer maintained by the
City as vehicle traffic no longer has access to it and appears to be maintained by the adjacent
property owners as rear yard area since the early 1980's. The Department of Public Works
does not have any concerns with the proposed vacation as there are no City utilities located
within the alley however since private utilities may be present, staff is recommending a utility
easement be placed along the whole subject site. Upon vacation, the adjoining property
owners will receive % of the right-of-way adjacent to their property.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its September 3, 2013 meeting.
Approve ,
City Manager
ITEM: STREET VACATION OF AN ALLEY LOCATED BETWEEN MOUNT
VERNON AND ASHLAND STREETS, FROM E. SMITH TO LIBBEY
AVENUES
Plan Commission meeting of September 3, 2013
GENERAL INFORMATION
Petitioner/Owner: City of Oshkosh
Actions Requested:
The City requests the vacation of a 16 foot by 603.80 foot alley located between Mount Vernon and Ashland
Streets from E. Smith to Libbey Avenues.
Applicable Ordinance Provisions:
WI State Stats. 66.1003 regulate the discontinuance of a public right-of-way.
Property Location and Background Information:
The area in this request involves approximately 9,661 square feet of right-of-way that formerly served as an
alley behind residences along the 2300 blocks of Mount Vernon and Ashland Streets. The subject area consists
mainly of residential uses with exception of a contractor yard at the northeast corner of E. Smith Avenue and
Mount Vernon Street. Over the last several decades, similar vacations of alleys have occurred within this
neighborhood which is all part of various additions of the Plat of Interurban Land Company's Subdivision. This
vacation would be the last alley vacation from the aforementioned plats.
Subject Site
Existing Land Use Zoning
Public Right-of-Way R-1 &M-2
Adjacent Land Use and Zoning
Existing_Uses Zoning
North Single-Family Residential R-1 &M-2
South Single-Family Residential R-1
East Single-Family Residential R-1 &M-2
West Single-Family Residential R-1 & M-2
Comprehensive Plan Land Use Recommendation Land Use
10 Year Land Use Recommendation Residential&
Industrial
20 Year Land Use Recommendation Residential &
Industrial
ANALYSIS
The subject right-of-way was platted as an alley in 1910 as part of the Second Addition Plat of Interurban Land
Company Subdivision. All of the blocks of the plat were designed with 16-foot alleys splitting the blocks down
the middle. Beginning in the 1960s, many of these alleys were vacated and the land conveyed to adjacent
property owners. The subject site is no longer maintained by the City as traffic surface no longer exists and
vehicle traffic no longer has access to the alley. Upon looking at historical aerial photography, it appears that
the alley has been used as rear yard area and maintained by the adjacent property owners since at least the early
1980s.
The Department of Public Works has reviewed the request and does not have any concerns with the vacation.
There are no City utilities located within the alley right-of-way, however,there may be the presence of private
utilities within the alley, and therefore staff will be recommending a utility easement be placed along the whole
width and depth of the proposed vacation.
Upon vacation,the 20 adjoining property owners will receive 1/2(eight feet)of the right-of-way adjacent to their
property.
Staff feels the right-of-way is no longer needed by the City and supports the vacation. The removal of the right-
of-way will lessen the impact of setback requirements of the properties for future improvements as the
properties will have a true rear lot line instead of a double frontage lot.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the alley vacation with the following condition:
1. A utility easement is placed on the entire vacated alley for any existing private utilities/structures.
The Plan Commission approved of the alley vacation 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 as well as the land use and zoning
classifications in said area. He stated that the City was unaware that the alley still existed and described the
history of the area. He reviewed the condition recommended for this request to place a utility easement over the
entire vacated area.
Mr.Thoms questioned if the City placed a utility easement over all the other alleys at the time they were
vacated.
Mr. Nau responded that he was not sure of some since they began vacating these alleys as far back as the 1960's
but utility easements are typically placed over these areas currently.
Mr. Thorns then inquired what happens if the utility company needs to access this area.
Mr. Burich responded that this is the reason the city retains easement rights in these areas as it was a possibility.
Mr. Gohde added that very few areas that were previously vacated do not have this condition and that
unnecessary right-of-way has been vacated since the 1930's or later.
Commission members briefly discussed the practice of maintaining easements in vacated areas of the city.
Mr. Borsuk questioned if any utilities in this area would be registered with Digger's Hotline as it was not
referenced in the conditions.
Mr. Gohde responded that this request does not involve the placement of utilities in this area therefore adding
this condition was not an appropriate requirement in this case.
Item—Alley Vacation,Mt. Vernon-Ashland.E.Smith-Libbey 2
Susan Hansen, 2344 Mt. Vernon Street, stated that she had resided at this property for 14 years and was never
notified that the area behind their home was not their property as the City never maintained this area. She
voiced her concerns with what was going to happen after the alley was vacated and this easement placed on the
area and questioned if they would be taxed on the additional land area.
Mr.Nau replied that the land would be deeded onto their property and the easement would ensure that any
utility companies with equipment in that area would be allowed access to the property.
Ms. Hansen questioned the existing fence they have in the easement area and if a utility company would take it
down if access was necessary, would it be repaired when the work was completed.
Mr. Burich responded that if property owners place structures such as fences in an easement area the utility
company could remove it to gain access however they have no obligation to replace it.
Mr.Nau added that if the alley remains city right-of-way as it currently exists,the City could order the fences
and any other structures removed from it as it is not part of the property owner's land.
Mr. Borsuk questioned if this type of situation is subject to adverse possession.
Mr. Nau responded negatively.
Mr. Borsuk inquired about when property is bought or sold if an alley such as this would have been disclosed.
Mr.Nau responded that it would show up if a title search was completed at the time of sale.
Mr. Cummings added that the Assessor's office indicates the size of the lot on your tax bill and the width and
depth of the lot should also be disclosed at the time of sale.
Ms. Hansen stated that the City has not maintained this property in years and she had concerns that a utility
company could come in and destroy her property and not return it to its original condition with these easement
rights.
Mr.Nau indicated that it was similar to terrace areas in front of homes which are required to be maintained by
property owners but is the property of the City so structures or other features were not allowed to be installed in
these areas.
Mr. Burich added that this issue came to the City's attention as a property owner came in for a building permit
to install a fence and was denied due to the presence of the right-of-way and if the area was vacated,the
property would be deeded to the adjacent property owners who could then legally install a fence if they so
desired.
Ms. Hansen commented that they would have to pay additional property taxes on the land and still had concerns
about the utility easement on their property.
Mr. Burich stated that every subdivision has some type of easements in the area and further discussed the
ramifications if left as right-of-way or vacated with a utility easement remaining.
Ms. Hansen stated that terraces are restored when utility work is done however she had concerns that with the
utility easement in place that they would not be responsible for damages to items such as her fence.
Item—Alley Vacation,Mt. Vernon-Ashland.E.Smith-Libbey 3
Lynn Lorenson, City Attorney, commented that landscaping should be restored if damaged however fencing is
not included unless it would be specifically stated in the easement documents signed with the utility company
and property owners.
Mr. Hinz questioned if the utility company would only be able to maintain existing utilities and would not be
allowed to add new utilities in this area.
Mr. Burich responded that they have a legal right to be within the easement area and the property owner who
desired to install a fence will not be allowed if the right-of-way area is not vacated.
Ms. Lorenson quoted from the Wisconsin State Statute book regarding easements and their rights and concluded
that they have the right to access this area currently as it is City right-of-way.
Mr. Thoms stated that the City could have all the fencing in this area taken down as they cannot legally be
located in the right-of-way. If this alley is vacated, all the fencing would become legal however building
anything in an easement area is at the owner's risk and questioned what utility company the easement agreement
would be for.
Mr. Burich replied that the utility easement document dictates what can and cannot be done and the City is
maintaining the easement as to statutory rights. Utility companies usually provide adequate notice that any
work is going to be done prior to its commencement.
Further discussion ensued on the advantages of vacating this area of right-of-way, what the utility company
would have the right to do, and the amount of land that would be added to each property owner's parcel. It was
determined that the taxes would not increase that dramatically for an additional 800 square feet of land and if
vacated, the fences already installed would become legal and would allow other property owners the right to
install a fence if desired. It was also determined that the alley would not be improved upon in the future if
vacated as it would no longer be City right-of-way.
Jay Kamer, owner of the three vacant lots on Ashland Street, stated that he felt it would be ludicrous not to
vacate this area and that utility companies are very conscientious about working in an easement area and he had
no concerns about the vacation due to the utility easement.
Motion by Nollenberger to approve the street vacation of an alley located between Mount Vernon and
Ashland Streets,from E. Smith to Libbey Avenues with the following condition:
1. A utility easement is placed on the entire vacated alley for any existing private utilities/structures.
Seconded by Borsuk. Motion carried 7-0.
Item—Alley Vacation,Mt. Vernon-Ashland.E.Smith-Libbey 4
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The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the y
approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date 8/20/2013 of HKD.IH
5
These map(s)Idatasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or survey ing purposes. They are provided "HS-IS" without ON THE WATER
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. Prepared by: City of Oshkosh, WI