Loading...
HomeMy WebLinkAbout23. 13-504.docx NOVEMBER 12, 2013 13-504 RESOLUTION (CARRIED ___5-1P____ LOST ______ LAID OVER _______ WITHDRAWN_____) PURPOSE: RESCIND RESOLUTION 13-362 APPROVING LAND DONATION FOR RIVERWALK IMPROVEMENTS ALONG THE FOX RIVER FROM SIX RIVERS INVESTMENTS, LLC / JELD-WEN PROPERTY INITATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT WHEREAS, the Common Council previously approved Resolution 13-362 approving the donation from Six Rivers Investments, LLC of the riverfront portion of the th property formerly known as Jeld-Wen on West 6 Avenue for park purposes to allow the City to construct a public riverwalk / pedestrian trail from the Oregon Street bridge westerly to the former Boat Works property, as well as riverfront lands along the parcel east of and adjacent to the Oregon Street bridge; and WHEREAS, Six Rivers Investments, LLC would like to maintain the ability to install private docks along the property; and WHEREAS, it is therefore necessary to rescind the prior resolution; and NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of Oshkosh that Resolution 13-362 is hereby rescinded and shall have no further force and effect. City of Oshkosh 40) Community Development Department Hf HK 1H 215 Church Avenue, Oshkosh, WI 54901 ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis, Community Development Director DATE: November 7, 2013 SUBJECT: Rescind Resolution 13-362 Approving Land Donation for Riverwalk Improvement Along the Fox River from Six Rivers Investment LLC. - Jeld Wen Property BACKGROUND Staff submitted 2 grant applications to the Wisconsin Department of Natural Resources (WisDNR) for constructing the riverwalk in 2 parts of the Jeld Wen property in 2014. As a condition for the grants, the City would need control of the riverwalk land. Staff and Six Rivers LLC (the property owners) had originally planned for the riverwalk land to be donated to the City. The Plan Commission and City Council both accepted the donation. However, City staff met with WisDNR and Six Rivers LLC late last summer and it appears that a land donation will not work. ANALYSIS City staff met with the WisDNR permitting representative and Six Rivers representatives on August 27, 2013. The riverwalk is designed to follow the river edge east from the Boatworks. When the WisDNR representative learned that Six Rivers was planning to donate the land, he reported that Six Rivers would not be entitled to private docks. Only the riparian owner can install private docks, and if Six Rivers donates the land, Six Rivers is no longer the riparian owner. Six Rivers is planning to install docks on the Jeld-Wen site and they believe the private docks are important for future land development. A possible solution exists. Six Rivers could grant an easement to the City for the riverwalk, but retain ownership of the land. Then Six Rivers can still install private docks since they would retain the riparian rights. The City can use an easement for the riverwalk and WisDNR grant funds can still be used for the construction of the riverwalk on a permanent easement. A consequence of the easement option is that Six Rivers must then make the application for the City's riverwalk project since they would remain the property owner. Six Rivers representatives have indicated that they would be willing to make the application. It appears that the earlier land donation the City accepted must be revised and resubmitted as an easement. The Plan Commission and City Council will likely consider the easement donation at a future date. Staff will continue to work with Six Rivers and the WisDNR to ensure the City has the best chance possible to obtain riverwalk grants and obtain permits necessary for the riverwalk as quickly as possible. FISCAL IMPACT There is no fiscal impact of rescinding the donation. - RECOMMENDATION The City Council approves the Rescinding Resolution 13-362 approving Land Donation for Riverwalk Improvements along the Fox River from Six Rivers, LLC Approved, 4-., , City Manager II M M ° L1'-m I I N N LC) "E` I I _N N o -= gym ; � ]�_m o; -- - - oho r tv. =mss-=` t z= 3°! — —— — — — — a OREGON STREET N d m d- N01'77'23'W 8 2839.97' (2839.87') _ a d ii,,li,3 • - _-- EAST 1/4 CORNER SECTION 23, T1BN, R16E LEGEND FOUND WINN. CO. MON.' I PROPERTY BOUNDARY - • EASEMENT UNE 22 — RIGHT-OF-WAY LINE MI - — SECTION LINE FOX -- SUBDIVISION LOT UNE l L l+ly VACATED RIGHT-OF-WAY UNE U.S. HARBOR LIN I ZI WA L 30' E I S86°58'18"E 244.06' 9 e N86°58'18"W '�SSS°?�,S, 206.14' 4 .\, ,, c9,,... I i �'I SEA 6 C/ II I c°�I I - WALL N ` tL `S /y o �0•is, 9/ o N �ReoR 0 o co G/hF 30---►---0t U 888°53'20"W P.O.B..J 30.00' �1 ��I BLOB HI N 3 I441 4 I�'I 5 IC`r[^ , vlll \\ _` 7 8 R 60 VI CA iti \\�� F�Frti a Esr �\ \___1 ; .3 ICtiI S' n Q, ,csP 2 Cp Z 3 _ NI 4 M �� „....I $voce 3 6 7 5 1" = 120' °iI a C I n CV P.O.C.f I "1 - - ..1_ i - - • - - n F. \-N89•38'47"E o WEST SIXTH AVENUE I 32.82' ----- ------ NI 7 I, I-Easement Description — ✓i r Part of Lots 1,2,3,4,5,6,&7 of Block 1 in the plat of the Original Third Ward,per Leach's Map of 1894,City of Oshkosh, i I I I Winnebago County,Wisconsin,bounded and described as follows: a I Commencing at the southwest corner of Block 3 of the plat of the Original Third Ward,that also being the intersection of the north right-of-way of West Sixth Avenue and the east right-of-way of Oregon Street;thence N01°06'40"W,446.82 feet along the west if° line of said Block 3,the west line of Lot 1 In Block 1 of the plat of the Original Third Ward,and the east right-of-way of Oregon Street to the Point of Beginning;thence N01°06'40"W,129.34 feet along the west line of said Lot 1 and the east right-of-way of Oregon Street to the northwest corner of said Lot 1 and a point on the southwesterly bulkhead line(U.S.Harbor line)of the Fox River as established by a General Ordinance of the City of Oshkosh per Document No.276204 of Winnebago County Records; Y. thence S86°58'18"E,244.06 feet along the northerly line of said Block 1 and the southwesterly bulkhead line(U.S.Harbor line)of a the Fox River;thence continuing along the northerly line of said Block 1 and the southwesterly bulkhead line(U.S.Harbor Ilne)of the Fox River S65°33'48'E,91.75 feet to the northeast corner of the west half(W1/2)of Lot 7 of said Block 1;thence E S01°00'17"E,33.22 feet along the east line of the west half(W112)of Bald Lot 7;thence N65°33'48"W,100.35 feet;thence E SOUTHEAST CORNER N86°58'18"W,206.14 feet;thence S01°06'40"E,97.10 feet;thence S88°53'20"W,30.00 feet to the Point of Beginning. SECTION 23, T18N, R16E „ FOUND MAG NAIL Said easement area containing 13,030 square feet or 0.299 acres,more or less. 0 I Drawn: CDH 9/11/2013 i A:cam SOUTH SHORE RIVER WALK Checked: TAP 9/11/2013 EASEMENT EXHIBIT $ Approved: PFT 9/11/2013 r558 North Main Street PART OF LOTS 1, 2, 3, 4, 5, 6, & 7 Oshkosh, WI 54901 PROJECT 60289093 920.235.0270 BLOCK 1, ORIGINAL THIRD WARD x www.aecom.com OSHKOSH, WISCONSIN FIGURE Copyright©2013, AECOM NUMBER 1