HomeMy WebLinkAbout01. 14-323
JULY 22, 2014 14-323 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE FINAL RESOLUTION VACATING PORTION OF
RD
DAKOTA STREET, NORTH OF WEST 3 AVENUE
INITIATED BY: PUBLIC WORKS DEPARTMENT
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common
Council has heretofore initiated proceedings on June 10, 2014 at a regular meeting of
the Common Council to vacate and discontinue a portion of Dakota 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 July, 2014 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 6th 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 6th 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.
JULY 22, 2014 14 -323 RESOLUTION
CONT'D
DAKOTA STREET NORTH OF WEST THIRD AVENUE ADJACENT TO LOTS 6 AND 7
OF WENTZEL'S SUBDIVISION AND LOT 111 ACCORDING TO THE MAP OF THE
SOUTHWEST 114 OF SECTION 23, T18N R16E, ALL IN THE SIXTH WARD, CITY OF
OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID
WENTZEL'S SUBDIVISION; THENCE NORTH 00 °51'47" WEST, 182.05 FEET
ALONG THE WEST LOT LINE OF SAID LOT 6 ALSO BEING THE EAST RIGHT OF
WAY LINE OF DAKOTA STREET TO THE NORTH LINE OF WENTZEL'S
SUBDIVSION AND THE SOUTH LINE OF LOT 111 ACCORDING TO THE MAP OF
THE SOUTHWEST 114 OF SECTION 23,T18N R16E; THENCE NORTH 82 036'06"
WEST, 40.42 FEET ALONG THE NORTH LINE OF WENTZEL'S SUBDIVISION ALSO
BEING THE NORTH RIGHT OF WAY LINE OF DAKOTA STREET TO THE
NORTHEAST CORNER OF LOT 7 OF SAID WENTZEL'S SUBDIVISION; THENCE
SOUTH 00 051'47" EAST 181.59 FEET ALONG THE EAST LINE OF SAID LOT 7 ALSO
BEING THE WEST RIGHT OF WAY LINE OF DAKOTA STREET TO THE NORTH
RIGHT OF WAY LINE OF WEST THIRD AVENUE; THENCE SOUTH 81 °58'30" EAST,
40.49 FEET ALONG THE NORTH RIGHT OF WAY LINE OF SAID WEST THIRD
AVENUE TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING
7,273 SQUARE FEET OF LAND MORE OR LESS.
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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TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
. Director of Planning Services
DATE: July 17, 2014
RE: Approve Final Resolution Vacating Portion of Dakota Street, North of West 3rd
Avenue (Plan Commission Recommends Approval)
I�=Tm a'[t7Z�I1 1 17
Council is being asked to vacate a portion of Dakota Street starting at the north right -of -way
line of W. 3rd Avenue and terminating approximately 182 feet north. Existing road surface
width is 24 feet and the total right of way width is 40 feet which total approximately 7280
square feet or. 17 acres in area. The land to be vacated is to be utilized as part of the
proposed improvements to the City of Oshkosh Field Operations Facility.
.ANALYSIS
The City of Oshkosh Department of Public Works is requesting the proposed vacation of a
portion of Dakota Street as part of the new Field Operations Facility reconstruction. This
vacation was all part of the design of the Central Garage Facility Plan (copy attached) which
was approved on August 10, 2012 (Res. #12 -411). Existing storm sewer main will be
relocated as it is no longer necessary and a Wisconsin Public Service electrical line will be
removed and abandoned as well. Staff supports the vacation of the subject right -of -way as it
is no longer necessary. Typically half of the vacated land goes to both adjoining property
owners however in this case; the City is the sole owner of the adjacent properties so no
additional action will be required.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its June 3, 2014 meeting.
Approved,
City Manager
ITEM: VACATION OF DAKOTA STREET RIGHT -OF -WAY, NORTH OF W. 3RD
AVENUE
Plan Commission meeting of June 3, 2014
GENERAL INFORMATION
Applicant/Owner: City of Oshkosh
Action(s) Requested:
The applicant requests the vacation of a portion of Dakota Street Right -of -Way.
Applicable Ordinance Provisions:
WI State Stats. 66.1003 regulate the discontinuance of a public right-of-way,
Property Location. and Background Information:
The request is for the vacation of Dakota Street starting at the north right -of -way line of W. 3rd
Avenue and terminating approximately 182 feet north. Existing road surface width is 24 feet and
the total right of way width is 40 which total approximately 7280 square feet or .17 acres in area.
The land to be vacated is to be utilized as part of the proposed improvements to the City of
Oshkosh Field Operations Facility.
Subject Site
�Existin �Laiad Use:
.
Public Right -of -Way
M -2
Adiacent Land Use and Zoning
xrstiri T '_Uses:. ::•
Zoizin
North
Ci ty of Oshkosh- Central Gary e and Maintenance Facility
M -2
South
Vacant
M -2
East
City of Oshkosh
M -2
West
City of Oshkosh
M -2
. Co � �r'eltensive °Plane Land Use-Recommend'atio i , . ;
�nr ri Use;:
10 Year Land Use Recommendation
Commercial
20 Year Land Use Recommendation
Commercial
ANALYSIS
The petitioner (City of Oshkosh - Public Works) is requesting vacation of approximately 182' of
Dakota Street starting at the north right-of-way line of W. 3' Avenue and terminating at the City
of Oshkosh Field Operations Facility. The vacated right-of-way, surrounding properties and
existing Central Garage facility are designated to become part of the new Field Operations Facility
and will be extensively reconstructed.
The existing storm sewer main under Dakota Street has been relocated in accordance with site
design and is no longer necessary. The only utility still active is a Wisconsin Public Service (WPS)
electrical line that services the existing Central Garage Facility. The new Central Garage building
will not be using the WPS line and once the existing structure is removed, the line will be
abandoned. Upon review, staff determined that the subject right-of-way is no longer needed and
supports the vacation request.
Whenever the City vacates a portion of right-of-way, typically half of the vacated land goes to one
adjoining property and the other half goes to the opposite adjoining property. In this case, the City
of Oshkosh is the sole owner of the adjacent properties so no additional action will be required.
RECOMMENDATIONICONDITIONS
Staff recommends approval of the vacation request of Dakota Street starting at the north right-of-
way line of W. 3fa Avenue and terminating at the City of Oshkosh Field Operations Facility.
The Plan Commission approved the vacation request of Dakota Street. The following is the Plan
Commission's discussion on this item.
N&. Krumenauer presented the item and reviewed the site and surrounding area and explained that
there were a few adjustments to the staff report regarding the right-of-way width and total square
footage of the area proposed to be vacated due to discrepancies in the geographical information
system. He reviewed the figures that required adjustment and stated they would be corrected
prior to the item going forward for action by the Common Council. He also explained the
reasoning for the vacation request.
Bernard Pitz, 459 Church Avenue, stated that he used to own the land to the west of the subject
site and the City acquired it through the eminent domain process. He further stated that the City
changed the zoning classification of the property and offered him less money for the land than it
was worth and he was therefore pursuing a lawsuit regarding this matter. He felt the Plan.
Commission should hold off on taking any action on this matter until the legal issues are settled as
he felt he was not compensated a fair price for his land and that the City is trying.to steal his
property.
There was no discussion on this item..
Motion by Bowen to approve the vacation of Dakota Sheet right-of-way north of W. Yd
Avenue.
Seconded by Vajgrt. Motion carried 6 -0.
Item - Dakota Street vacation
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ON THE WATER
1I Wi Ce7 T- L'161116 �
TO: Darryn Burich, Director Planning Services
FROM: Steven M. Gohde, Assistant Director of Public Works _"], to 1 cx
DATE: May 22, 2014 �l
RE: Vacation of Dakota Street Right of Way, North of 3`d Avenue
BACKGROUND
Dakota Street, north of 3`1 Avenue is located between Ohio Street and Idaho Street. The existing right of
way extends north approximately 182 feet and ends. A portion of the right of way was vacated in 1986. The
remaining right of way. is surrounded by property owned by the City of Oshkosh. The adjacent properties are
being redeveloped as part of the Central Garage Project.
ANALYSIS
The City has relocated the mainline storm sewer from under Dakota Street. The only remaining utility within
the right of way is a WPS Electric line. This line only serves the City property and can be taken out of
service upon termination of the service to the old Central Garage Building.
RECOMMENDATIONS
I recommend vacating Dakota Street from 3rd Avenue to the north end.
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appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS" without Prepared by: City of Oshkosh, WI
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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
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
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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.
These map(s)ldatasets 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
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
Site Plan Map TemplatOPlan Commission Sile Plan Map
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