HomeMy WebLinkAbout03. 14-303
JULY 8, 2014 14-303 RESOLUTION
(CARRIED___7-0___LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE DISPOSITION OF SURPLUS PROPERTY TO
RONALD & JANE JOHNSON LLC; LAND AND RAILROAD
SPUR NORTH OF 3555 MOSER STREET
INITIATED BY: COMMUNITY DEVELOPMENT
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the land
and railroad spur north of 3555 Moser Street, per the attached, is hereby declared
surplus and the proper City officials are hereby authorized and directed to execute any
and all documents necessary to sell said property to Ronald & Jane Johnson LLC.
(4)
OJHKOf H
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Allen Davis
Community Development Director
DATE: July 1, 2014
RE: Approve Disposition of Surplus Property for Ronald & Jane Johnson, LLC; Land
and Railroad Spur North of 3555 Moser Street
BACKGROUND
The City owns and maintains a rail spur that was constructed for the industrial development
known as Pacur. Pacur owns land on both sides of the rail spur, and have exclusively used
the rail spur since it was constructed. Pacur approached the City in regard to their interest in
purchasing the rail spur due to their desire to expand and the rail spur acquisition is critical to
their planned expansion. City staff has examined the proposed sale and have prepared a
Purchase Agreement to that end.
ANALYSIS
Pacur requires a controlled environment for their production and will need to build across the
City property to maintain the controlled environment. There are no other expected users for
the rail spur to the west of the property. The Plan Commission has reviewed the proposal
and has also recommended approval.
FISCAL IMPACT
City staff has examined the value of industrial land in the North industrial park and
determined the value to be $1.20 per square foot. The land would then be valued at $10,916.
The rail spur improvement was installed by the City in 1991 for $4,260. Pacur would pay the
City's cost of the rail spur. The total value for the land and spur would then be $15,176.
RECOMMENDATION
The City Council approves rail spur disposition as presented in the Purchase Agreement.
Approved,
• _ ,...e. ,emittw
City Manager
Purchase Agreement
This Agreement, is made and entered into this day of 2014 by and between the following
parties:
Parties: The City of Oshkosh, a Wisconsin municipal corporation, 215 Church Avenue, Oshkosh,
Wisconsin 54901 (hereinafter referred to as "Seller").
Ronald H. and Jane K Johnson LLC, or assigns, 3555 Moser Street, Oshkosh, Wisconsin 54901
(hereinafter referred to as"Buyer").
Intent of the Parties: It is the intention of both parties to convey to the Buyer a section of a rail road
spur owned by the City of Oshkosh, and used by the Buyer, for the purpose of furthering business
interests of the Buyer, and assisting with the development of a regional storm water detention facility,
while eliminating the railroad maintenance and other ownership costs of the Seller.
Agreement: In consideration of the purchase price hereinafter set forth, the terms of this agreement,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Seller agrees to sell, and the Buyer agrees to purchase, the real property described
in this Agreement along with all fixtures and improvements thereon pursuant to the terms described.
The parties herby agree as follows.
All Terms Material: Both parties agree that all terms identified in this agreement are material and the
violation of any one term can be considered sufficient cause for declaring the other party to be in breach
of this Agreement, if the non-breaching party elects to declare such breach.
Property: Approximately 9,090 square feet of land in the City of Oshkosh, Winnebago County,
Wisconsin, designated as Parcel A on the attached Exhibit 1 of this Agreement (hereinafter referred to
as the "Property"),subject to the terms and conditions of the this Agreement.
Items Included: This purchase shall apply to the Real Property described as well as all fixtures and
improvements thereon, including the existing railroad spur and related appurtenances.
Purchase Price:The purchase price of the Property shall be: Fifteen Thousand One Hundred Seventy Six
and 46/100 Dollars($15,176.46)
Prorations: There will be no prorations for any costs or expenses of any kind due at closing to either
party.
Property Condition: The Property is adjacent to the Buyers business, and the Property and its railroad
spur have been under the sole observation and use of the Buyer, excepting any observation or use by
the Railroad otherwise controlling the track. Therefore, the Buyer is in the best position to know and
understand the status and condition of the property and improvements thereon. Therefore, The Buyer
acknowledges that the Property, along with all improvements, fixtures, and any other item location on
the Property, is purchased as is and the Seller has made no representation of property condition or
warranties, whether express or implied, related to past or future use of the Property and/or railroad
track.
Annexation of Adjoining Property: The Buyer agrees to submit to the City a Petition for Annexation,
and to subsequently consent to and facilitate the City of Oshkosh's annexation of the land owned by the
Buyer in the Town of Oshkosh adjoining the Property's northern boundary prior to closing on the
1
Property, designated as Parcel B on the attached Exhibit 1 of this Agreement (herein after referred to as
the "Annexing Property").
Right-of-way dedication: The Buyer agrees to donate to the City 40 feet along the Annexing Properties
entire frontage of Snell Road for the purpose of dedicating right-of-way and to allow upgrading Snell
Avenue to accommodate development on the Annexing Property. This donation for the dedication of
right-of-way must occur prior to building on the Annexing Property, or on or before December 31, 2017,
whichever is earliest. The Buyer agrees to pay all costs for surveying, mapping and recording the right-
of-way dedication. The Annexing Property's Forty (40) foot right-of-way dedication includes both the
existing Thirty-Three (33) feet currently used for Snell Road right-of-way but technically a part of the
Annexing Property, along with an additional Seven (7)feet along the entire frontage of Snell Road.
Railroad Spur Maintenance: The Buyer accepts the railroad spur and all appurtenant equipment in their
current condition on an as-is basis. After the property is conveyed, the Buyer shall be wholly and solely
responsible for all maintenance of the property and maintenance, repairs, and replacement of railroad
spur, including tracks and all appurtenances, located on and within the Property
Railroad: The Seller is unaware of any issues or liabilities of the Property and the subject railroad spur
with the current operators of the railroad line, currently understood to be Wisconsin Central, Ltd and/or
Canadian National. Upon the conveyance, Buyer assumes all responsibility for all issues related to the
Property that pertain to the operator of the railroad, currently understood to be Wisconsin Central, Ltd.
and/or Canadian National. Buyer agrees to assume primary responsibility for notifying the operator of
the railroad and taking all actions to necessary to assume responsibility for the Property and the railroad
spur thereon. The Seller agrees to cooperate in good faith with Buyer's efforts related to the railroad
operator.
Marketability of Title: Marketable title to the Property shall be held by the Seller free and clear from all
liens and encumbrances, excepting: municipal and zoning ordinances, recorded easements for public
utilities located adjacent to side and rear lot lines, recorded building and use restrictions and covenants,
general taxes levied in the year of closing provided none of the foregoing prohibit present use. No tax
liens of any nature whatsoever shall exist against the Property or Seller. If any defects are discovered,
Seller shall take all reasonable steps to cure such defects prior to the date of closing for this transaction.
Seller represents that no work or materials have been supplied to or incorporated into the Property,
which could give rise to a lien of any kind, within six (6) months prior to the date of this Agreement, and
that no such work or materials will be supplied to or incorporated into the Property prior to the date of
closing, unless the same have been paid for by Seller and appropriate lien waivers have been provided
to Buyer.
Legal Defect in Title: The parties are entering into this transaction by agreeing to be responsible for
their own costs and expenses, except where otherwise specifically agreed to in writing. Should Seller be
unable to close the transaction described in this Agreement by reason of a valid legal defect in title
which Buyer is unwilling to waive, there shall be no money due to be paid or returned to the other party
and the purchase contract shall be null and void.
Conveyance of Title: Seller shall, convey the Property by warranty deed, free and clear of all liens and
encumbrances excepting, municipal zoning ordinances, recorded easements from public utilities located
adjacent to side and rear lot lines, recorded building and use restrictions and covenants, and general
taxes levied in the year of closing, provided none of the foregoing prohibit present use.
2
Title Evidence: Seller shall furnish and deliver to Buyer for examination at least Fifteen (15) days prior to
the date set for closing, an owner's policy for title insurance in the amount of the full purchase price
naming Buyers as the insured, written by a responsible title insurance company licensed in the State of
Wisconsin, which policy shall guarantee seller's title to be in condition called for by this Agreement. A
commitment by the title company agreeing to issue the required title policy upon the recording of the
closing documents agreed herein shall be deemed sufficient performance.
Closing: The closing of the purchase of the Property shall take place on or before June 30, 2014. The
closing shall be conducted in the City of Oshkosh, at a location agreed upon by the parties. Buyer agrees
that unless otherwise specified, Buyer will pay all costs of securing any financing obtained by Buyer, as
well as all other usual and customary costs paid by buyers in similar transactions. Seller agrees that
Seller will pay all usual and customary costs paid by seller in similar transactions.
No Leases: Seller warrants and represents that the Property will not be subject to any lease as of the
date of closing.
Injunctive Relieve/Specific Performance: In the event of a breach or default with respect to any of the
terms or provisions of this Agreement, the party not in default shall have the right to enforce the terms
of this Agreement by injunctive relief or a decree of specific performance. Said remedies shall, however,
be cumulative and nonexclusive and shall be in addition to any other remedies the party may have.
Waiver: Each party may at their discretion or within their time frame elect to require full compliance
with the terms and provisions of this Agreement. Any delay of enforcement or election to temporarily
forego enforcement and insist upon full compliance with the terms and provisions of this Agreement
shall not be constructed as waiver of the right to insist upon full compliance in the future.
Entire Agreement: This Agreement constitutes the entire agreement between the parties and
supersedes any and all oral or written agreements previously made between the parties regarding its
subject matter. No changes, modification or addition to this Agreement shall be valid unless in writing
or signed by or on behalf of parties to this Agreement.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the
State of Wisconsin, and shall have a venue in Winnebago County, Wisconsin, or in any Federal Court
District that includes Winnebago County,Wisconsin.
Binding Effect: This Agreement shall be binding upon and inure to the benefit of each of the parties and
his respective heirs, successors,transferees and assigns.
In Witness Whereof, the undersigned parties have executed this Agreement as of the day and year first
written above.
3
IN WITNESS WHEREOF, said Grantor has hereunto set their hand and seal the day and year first
above written.
RONALD H. AND JANE K.JOHNSON, LLC
Ronald H.Johnson
Jane K.Johnson
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before me this day of , 2014,the above named Ronald H.Johnson,
to me known to be such person who executed the foregoing instrument and acknowledged the same, for the
purpose herein contained.
Notary Public,Winnebago County,Wisconsin
My Commission expires:
STATE OF WISCONSIN
)ss.
WINNEBAGO COUNTY
Personally came before me this day of , 2014,the above named Jane K.Johnson,to
me known to be such person who executed the foregoing instrument and acknowledged the same, for the
purpose herein contained.
Notary Public,Winnebago County,Wisconsin
My Commission expires:
4
CITY OF OSHKOSH
By:
Mark A. Rohloff,City Manager
By:
Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this day of , 2014, the above named Mark A.
Rohloff and Pamela R. Ubrig of the City of Oshkosh, to me known to be such persons who executed the
foregoing instrument and acknowledged the same,for the purpose herein contained.
Notary Public,Winnebago County,Wisconsin
My Commission expired:
APPROVED AS TO FORM:
Lynn A. Lorenson,City Attorney
5
CY
\ 00
W0
w ,n
Z I zco
W � 00
O I 0_ c0
— rn
U I
Z W in
Z z 04
uJJ a
W
CO W
_W U X
O N O Q E-
l_ n iri d
z
O ON
L
z
N2 E i o
0> at- o
n
Y° o e
N w
MOSER ST. °�
\ ll . [
I i rZ
I � Z o 0z
Z
Ws
U� $ a J
Ll I a = ¢
CD N
I
r-------r'-
O �11 1 I
I- o oSr-
0
co a o .-; w Lfp
I a z /) ti _ z2 �/'� j� r J
1- S S z U F- F- N w w .m-i �J �..— ---
Z Z vi z z O 7 w U 2 .� 1 CO (0
O 3 w x 0 0 3 w 0 _ \ O 0 0
= m H w S I— C0 CO
Q o N N U N ~ W - ti LTI
9 Z LO V 0 2 m t ? Q z I 0 W ,i
~▪ O - ▪ La h- _ 00 _00 / ^
a U U O • H w F=- = 0 0 ,�i, O I I\ I�-- l—I I z
w V) p VI O * K 0 h- Z d J in in I Q�
Q oQaLLw ,,„ zooQZ Lo o0 co co cv t_ ,—
o
~• wz• uFZ2 = zo1- z LJui I
0 w• w O O LL I- -I .-I Z z �W
LL S w < O S a O ' /�
O h LL 0 O ,_ w W 2 W Q K
_ I 1 W�n u)
O LL Z LU W Z LL O w W U V/
✓ L. < , cc o vb ,,, . 0 0 X m -1- 1 Iii
H ~ two z OU ,°ri 0 0 0 Q O
'4 Q '-' 8 F rl w H lD t/1 < I I
'A \ O m W an F- w O Q z 0 1 1 _ —__I
O h z z S w C7 3 d w z w
Z
O .▪ H O z N m 0 � W ¢ + J
LL
0_ zz31- °oac0oo ,.._ c000 � I
1
I
.4 I I a
o
N 0
r 1
0 • I I
O
Z R, I I I
I I Cl 1
N00'33'16"W 655.75' I
—
I I a J I rl.
CU ; Cli I N N O
I U
1 I II I CO
I
1
N H I-
N O !n J
U — _ — — — _ (-)co— — _ -, _ — — — — 7
tra—_ C') F CI. I (n r co "h
ITEM: LAND DISPOSITION OF PROPERTY LOCATED ADJACENT TO 3555
MOSER STREET
Plan Commission meeting of May 6, 2014
GENERAL INFORMATION
Applicant/Owner: City of Oshkosh
Actions Requested:
The City requests land disposition of a property containing a railroad spur located north of and
adjacent to Pacur, LLC, 3555 Moser Street.
Applicable Ordinance Provisions:
N/A
Property Location and Background Information:
The area in this request involves a 15-foot by 606-foot, approximately 9,090 square foot strip of
land containing a rail spur line serving Pacur, LLC, a plastics manufacturer to the south. The City
is proposing to dispose of the property to Pacur, LLC as part of future expansion plans of their
manufacturing facilities.
The property is located in the City's North Industrial Park and also borders the Town of Oshkosh
to the north. The surrounding area is predominantly industrial as far as uses, with exception of the
aforementioned town property to the north which is currently being used agriculturally.
ANALYSIS
This request was initiated by Pacur, LLC, which is in the planning phases of expanding their
manufacturing facilities onto their undeveloped land north of the City's spur property. As-is, the
City-owned land acts as an impediment to Pacur's planned expansion as there is no physical
connection between their properties. The subject land and railroad spur has no practical use to the
City and will be better utilized for Pacur's proposed improvements and stimulating development in
the area.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the land disposition of property containing a railroad spur located
north of and adjacent to 3555 Moser Street as requested.
The Plan Commission approved of the land disposition of property north and adjacent to 3555
Moser Street as requested. 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 request was initiated by Pacur, LLC, in
conjunction with plans to expand their manufacturing facilities onto their undeveloped land north
of the spur property. The area is located in the City's North Industrial Park and Pacur, LLC, will
be requesting annexation of the undeveloped parcel in the near future.
Mr. Thorns questioned if the City owns the land, who owns the rail spur located on it.
Allen Davis, Director of Community Development, replied that the City was having a title search
completed at this time to make that determination but believed it was owned by the City.
Mr. Thorns commented that if the railroad owns the spur on the property, there is no point to the
proposed land disposition.
Mr. Davis responded that he believes that the City installed the spur in conjunction with the Pacur
facility.
Mr. Burich added that the item is moving forward with the assumption that the railroad spur
belongs to the City.
Mr. Thorns inquired if this information will be known prior to it proceeding to the Common
Council for action on this request.
Mr. Davis responded affirmatively.
Mr. Bowen asked for details on how the land disposition would be processed.
Mr. Davis indicated that since the railroad spur is located on a separate parcel owned by the City
that it would be handled as a land disposition rather than a vacation and a quick claim deed will be
processed by the City Attorney's office to complete the transaction.
Mr. Thorns then questioned if there were utilities in the right-of-way that would cause concerns.
Mr. Davis responded that there were no utilities in this area as they were all located on Moser
Street.
Motion by Vajgrt to approve the land disposition ofproperty located adjacent to 3555
Moser Street.
Seconded by Nollenberger.
Mr. Thorns commented that the ownership of the railroad spur needs to be verified prior to the
request being forwarded to the Common Council for action.
Motion carried 6-0.
Item —Land Disposition N of 3555 Moser St 2
„o
VV g',
IJEIJ
S1TE o i
Ii•
C C O a„ 1
i
l i � 1
I F.n i
11 j I
I
1 i I
i
I
}
,
i
we er --. f
1
I 1
B 'I e.s
'� '' ''”' . �- N 1 i: :f
A
1
'iillii;)
i
r
The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the 1 r
approximate relative location of property, boundaries and other feature from a variety of sources. Punting Date:4/29/2014 OiHKLJ(�J H
These map(s)/datasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS" without I Prepared by: City of Oshkosh;WI ON THE WATER
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
J:1G151PIanning\Plan Commission Site Plan ivlap Templaie\PIan Commission Site Plan Map Template.mxd User deborahf
3
LAND DISPOSITION MILPRINT INC CITY OF OSHKOSH
NORTH OF 3555 MOSER ST 3550 MOSER ST PO BOX 1130
PC: 05-06-14 OSHKOSH WI 54901-1255 OSHKOSH WI 54903-1130
RONALD H/JANE K JOHNSON LLC CURWOOD INC NORTHERN WISCONSIN
3555 MOSER ST PO BOX 2968 WAREHOUSING LLC
OSHKOSH WI 54901-1270 OSHKOSH WI 54903-2968 PO BOX 1015
HORSHAM PA 19044-8015
mo. Y %l%
•foli E!
cc //6010.401.04..
Ilr ar 7 i i j Q
• i l'::-.11,.. 1 l I l l oORT R D EaF••- NI '! •V �)-- s 1,'',/,/i
I _1rte-. — ,
0UT H
t.! I C 'N.' , 0 DR pv
1 . i _; ;\ v/
// \ '\
1 C.)wiYikil.M\ 'LI -\ :
R=T2__ _ C-1 PD Vii;; R 2 r_— _ -
RT2 oC■- pA#�lS�� r t
/*
•
- F:\ -ULIrn ? R-3 I..R2� [ 4�r
i
f ,
- 1
1 t
- rte— _ H[b::1 _---- —
L— �_ 117_______......______________I
:::_____.. t_
-,--•(:)_:-_ ---2
1
R-4 Pi D jCT - --- � Si•� �__ — -�—' V.
z 1� 1
r
Ii
Os �kosn City Limit J. £� I
Imo- s � - 1 R-1,..—.'
•
T J
IEfZNA3 Al =--�'� r n
n �' ( .,f
l C -
J
- I -
I ;
I
-
-. I Illj3":a 1
� 2 � ? Ca i
-
-�IND- AUSTRIAL�M ' �, , �_.�- I .� I� F; I E �7
I ( � ' rr .1- ( tin=0.19mi
J- ' ' 11j1 :J J~,l J l 1 in= 1,000 ft
‘491111,
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 ate:4/29/2014
These map(s)/datasets are provided for information purposes only and may not be sufficient or g OJ HKOlH
appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS" without Prepared by: City of Oshkosh,WI 1 ON THE WATER
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
J'.CiS\Planning\Plan Commission Site Plan Map Template:Pian Commission Site Plan Map Tempiate.mxd User:desoranf
5
:i i
rs
,y'J° a a t_ ^ v f - � y.£., . 4 `- ` � - "-I ;;tY £
"{ t S � ir is.� 'b3 'Ia `t a" *iiT,' p i " x7,.
- 3 'ma x y� y t % , ,3"Zt S F 5J M x k. a 8r, c ` y ' - • a.2- ,t - z+> !a a 1s f' - =r " k .. � _ `"
; t ' ", a d .,�r �t F r 's g 34 .z. -
r z..-r k 4 s a4 .c ..>
�
-
py
n k.r ° Y -tA ' n 4 x Ci - t "a ,- ." � 4 4 t � . L-as -r 3 :. �.' , te � . � k* t � t's^ F _ 7 s t ;� 4 � Y a 4 a r y+ "` - . #ce!t t t< tw s �� .+: 47d 3 d+r '�� # ` _` -u d < -' 't. ,4t�`✓1�4 n x '�b Y°n: ..+� . f �F 4 t -3 t � �� V`s® �r ..� �� 4v4.,:: T� Z A r im , a .fiF1 }��� � � , � 7t " ( � fi 'r ; � 4¢�* �� �°'. w°` - h '5t u r�yay� ` i M! � « �fir � Y a 5 t v ,z+� s.` am� P �� *. S # s.. rn `'� s"-- t ' , Y d-`,ti r � a3 r y�. ? � -k". T`a r ` v.�, v s,,i:.„: :...,„:,:::,;._._,,,.... .._;:„„,..,•,. ...7.„.:::.„.___--7.:
1
;�` �a ' � #� � w � Fe1 A a t--s c �".1 i`� w ih " amt �e ss a� l Cs ` va4sy � 5x px � - - . ♦ te a .4 s --,k .+� „ g _�e e" ,Ni c , 7 ,..:1#1�°` s,f ;fl -� 8 r , -7 L 3 .:„
r
- -{ - , -
i.,,,,, , . ,
Y S ( sad £
y
I
�yy - r
'yr �„ J �aar^'-. �l PTO .ra„s -
y .3"-' y E �-e' 'M ST j
i~ "4,1 *at. _ `may{
a4 -'i '',:;:411. : f 3 z 7�" r
•' a
r is y eu°- �^ .srp' -r
0C91141
��''� 1 • =0.03 mi
�� J�J� � �r} -,--- 1 A
tin= 150ft
The City of Oshkosh creates and maintains GIS mzps and data
for its own use. They may show the r
approximate relative Iocabon of property, boundaries and other feature from a variety of sources. Prin ing Date:4/29/2014 Of HKOJ H
These map(sjidatasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, er surveying purposes. They are provided "AS IS" without Prepared by: City of Oshkosh;WI ! ON THE WATER
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
J .,�.. is r ^!zn CorT sic u-v=1e l �c^ i_ ?I. =m ! ,am;:d Usec debo(=nor