HomeMy WebLinkAbout06. 14-275
JUNE 24, 2014 14-275 RESOLUTION
(CARRIED___7-0___LOST_______LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE RELEASING UTILITY EASEMENTS ON THE 2300
BLOCK OF WISCONSIN STREET
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the City
hereby releases existing utility easements at the 2300 Block of Wisconsin Street, per
the attached map, and the proper City officials are 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: June 19, 2014
RE: Release Utility Easements /2300 Block Wisconsin Street (Plan Commission
Recommends Approval)
BACKGROUND
When the condominium complex was developed, a water main and sanitary sewer system was
installed in the subject easements to only serve the complex. The easements were granted to the
city, making the mains "public", resulting in the city being responsible for continued maintenance of
the utilities. Recently it was discovered the water services were not installed to city standards for
connections to a public main. The City's Water Utility had proposed to correct the connections but
discovered the easement area is now planted with several trees which were prohibited per the
easement document. Upgrading the connections would require the removal of several mature trees
located within the easement area. The Engineering Division proposed two options to the condo
association with the first being for the association to remove all plantings within the easement area to
allow the Water Utility to perform the needed corrections with the area then being restored with topsoil
and seeded. The alternative is to have the city release the easements and convey the utilities and
associated structures to the condo association owners. The association reviewed both proposals and
has opted to endorse releasing of the easements.
ANALYSIS
The condo association's decision to release the easements results in the City's Utilities no longer
being responsible for maintenance of the water main, sanitary sewer and associated structures and
the existing facilities meet private sanitary and water main systems and no additional work is
necessary at this time. The Department of Public Works is working with the condo association
owners to have appropriate easement documents signed and recorded with the Winnebago County
Register of Deeds and would not force the association to pay for costly removal of several mature
trees and the benefits they provide.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its June 17, 2014 meeting.
Approved,
City anager
ITEM: RELEASE WATER MAIN AND SANITARY SEWER EASEMENTS FOR
PROPERTY ON THE EAST SIDE OF THE 2300 BLOCK OF WISCONSIN
STREET
Plan Commission meeting of June 17, 2014
GENERAL INFORMATION
Petitioner: City of Oshkosh Department of Public Works
Owner: Fox Hollow Estate Condominium Association
Action Requested:
The Department of Public Works is requesting the release of an approximately 22-foot wide by
approximately 204-foot water main and sanitary sewer easement located within the common area of
Fox Hollow Estate Condominium, on the east side of the 2300 block of Wisconsin Street.
Applicable Ordinance Provisions: N/A
Property Location and Type:
The 3.47 acre subject site is located at the northeast corner of Wisconsin Street and W. Smith
Avenue, east of Oshkosh North High School. The parcel was developed in 1984 with seven multi-
family structures/attached garages divided into 40 condominium units (four four-unit complexes
and three eight-unit complexes). The complex is surrounded by a wide variety of residential uses to
the north and south, commercial uses to the east (along Jackson Street) and the aforementioned high
school to the west.
Background Information:
When the condominium complex was developed, a water main and sanitary sewer system was
installed in the subject easements to only serve the complex. The easements were granted to the
city, making the mains "public", resulting in the city being responsible for continued maintenance
of the utilities. Recently it was discovered the water services were not installed to city standards for
connections to a public main. The City's Water Utility had proposed to correct the connections but
discovered the easement area is now planted with several trees which were prohibited per the
easement document. Upgrading the connections would require the removal of several mature trees
located within the easement area.
The Engineering Division proposed two options to the condo association. The first was for the
association to remove all plantings within the easement area to allow the Water Utility to perform
the needed corrections. The area would then be restored with topsoil and seeded. The alternative is
to have the city release the easements and convey the utilities and associated structures to the condo
association owners. The association reviewed both proposals and has opted to go with the releasing
of the easements.
Analysis:
The condo association's decision to release the easements results in the City's Utilities no longer
being responsible for maintenance of the water main, sanitary sewer and associated structures on the
property. The existing facilities meet the requirements of private sanitary and water main systems
and no additional work is needed at this time.
The Department of Public Works is working with the condo association owners to have appropriate
easement documents prepared, signed and recorded at the Winnebago County Register of Deeds.
Staff supports the release of easements request as it will not force the condo association to pay for
costly removal of several trees and lose the benefits those trees provide. In addition, the City will
no longer be responsible for continued maintenance of the existing utilities.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the release of the water main and sanitary sewer easements as
requested.
The Plan Commission approved of the release of the water main and sanitary sewer easements. 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 zoning and
land use in said area. He discussed the history of the easement development which was exclusively
for the use of the condominium development. The alternatives were discussed with the
condominium association which was to remove the trees planted in the easement area for the Water
Utility to perform the necessary corrections or release the easements and convey the utilities to the
condo association owners. After review of both proposals, the association opted to go with the
releasing of the easements making the sanitary and water main systems private and the City would
no longer be responsible for continued maintenance of the existing utilities.
Mr. Thorns questioned if the connection was substandard, why is it acceptable to connect to the
City's water and sanitary main.
Steve Gohde, Assistant Director of Public Works, explained the details of the laterals that extend to
the building and that no shut offs were installed to the buildings when constructed and in the event
of a leak, it would be an issue. The City would be required to either leave the water run or shut off
all water to the development and the City would have to have shut offs installed to correct the
substandard situation.
Mr. Thorns then questioned if there would be a problem with the water main, it would be an issue
for the condominium owners to address.
Mr. Gohde responded affirmatively and stated that the owners would be responsible for everything
that extends out to the street.
Mr. Thorns also questioned if an agreement was in place to indemnify the City from responsibility
for this issue.
Item-Release Easements-2300 block Wisconsin St 2
Mr. Gohde responded that he did not recall if language in the easement document addressed this
issue or not.
Mr. Thoms commented that there should be some language in the easement document protecting the
City from any further liability if the current easement is going to be vacated.
Mr. Bunch stated that this issue could be researched prior to proceeding to the Common Council for
action.
Mr. Gohde added that it would be no different than any other water main and sanitary systems that
are located in other developments in the community.
Mr. Borsuk inquired why the shut offs were not installed when the development was originally
constructed.
Mr. Gohde responded that it may have been that the main was located very close to the buildings.
Mr. Hinz arrived at 4:10 pm.
Robert Cornell, 548 W. Smith Avenue, stated that he bought his condo unit in 1983 and he felt the
release of the easement was a good idea. He provided some history of the project's construction
development and stated that he assumed that this easement was part of the original development
plans and that the developer should have been aware of the easement location. The trees that are
currently located in the easement area were planted by the developer and he questioned if the
developer would have to have had knowledge about the easement location before proceeding with
plantings in that area.
Mr. Bunch replied that the easement would have been part of the original development and the
developer should have known about the easement location and the requirements that go along with
it.
Mr. Gohde added that the developer signed an easement agreement with the City when the condos
were constructed.
Mr. Bunch commented that over time features such as landscaping are installed in these areas in
error on occasion as no building permits are required for the installation of landscaping.
Mr. Cornell stated that there was a fire hydrant located on the site at the end of this easement area
and questioned if the maintenance of this hydrant will be in the care of the condo association after
the release of the easement and if flushing of the hydrant would be the responsibility of the condo
association.
Mr. Gohde responded that if the main line is no longer property of the City, the hydrant would not
be flushed by City staff and the condo association would be required to hire a contractor to perform
this maintenance.
Item-Release Easements-2300 block Wisconsin St 3
Mr. Cornell stated that he still felt the release of the easements was the best option as the cost of
removing the trees would be substantial.
Motion by Vajgrt to approve the release of water main and sanitary sewer easements within
the common area of Fox Hollow Estate Condominium on the east side of the 2300 block of
Wisconsin Street.
Seconded by Borsuk.
Mr. Thorns commented that the easement agreement document should be reviewed to ensure that
the City is protected from any liability related to this issue before the release of the easement is
approved.
Discussion continued about the hydrant on the site and if the City Fire Department would need to
access it in case of fire.
Mr. Gohde indicated that as the hydrant is not located well on the site, the Fire Department would
not be utilizing it if a fire occurred.
Mr. Vajgrt agreed and further explained the issues with the location of the hydrant in the
development.
Motion carried 9-0.
Item-Release Easements-2300 block Wisconsin St 4
OJHKOJH
ON THE WATER
MEMORANDUM
TO: Darryn Burich, Director Planning Services
FROM: Steven M. Gohde, Assistant Director of Public Works
DATE: June 10, 2014
RE: Release of Easements and Convey Rights, 2300 Block of Wisconsin Street
BACKGROUND
When the condominium complex in the 2300 block of Wisconsin Street, just north of Smith Ave., was
developed, a water main and sanitary sewer system was installed in easements to serve only this
development/parcel. The easements were granted to the City of Oshkosh, making these utility mains
"public" and the responsibility of the City's Utility Divisions to maintain. It was recently discovered the water
services were not installed to the correct standards for connection to a public main. As a result, the City's
Water Utility proposed to enter the property, through the City's easement, and make the required changes.
However, over the years the condominium property has planted trees in the easement making accessing the
water main and sanitary sewer main from the easement, difficult if not impossible. The easement document
prohibited such plantings.
City Engineering approached the condominium owners with two options. First, the association could remove
all encroachments into the easement and the City's Water Utility would install the needed shut-off valves to
make the system compliant. The disturbed areas would be restored with topsoil and seed. As an
alternative, the City could release the easements and convey the sanitary sewer and water main piping,
along with the related structures (manholes, valves, hydrants, etc.) to the property owners. The private
water main will start after the valve located in the terrace of Wisconsin Street. The association has reviewed
these options and has elected to have the City release the easements and treat these facilities as private
laterals.
ANALYSIS
The result is the City's Utility Divisions will no longer be responsible for performing maintenance on these
lines and related structures. Additionally, the facilities meet the requirements for private facilities and no
additional work is needed at this time.
RECOMMENDATIONS
The Department of Public Works supports the release of these easements and conveyance of the sanitary
sewer system and water main system to the private property owners.
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