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HomeMy WebLinkAbout11. 14-329 JULY 22, 2014 14-329 RESOLUTION (CARRIED___7-0____LOST________LAID OVER_______WITHDRAWN_______) PURPOSE: GRANT UTILITY EASEMENT TO AT&T; APPROVE AGREEMENT WITH AT&T TO RELOCATE EXISTING OVERHEAD LINE TO TH UNDERGROUND / 4 AVENUE & MICHIGAN STREET – BOAT WORKS RIVERWALK PROJECT INITIATED BY: REDEVELOPMENT AUTHORITY PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, as part of the Boat Works riverwalk/pedestrian bridge project AT&T will be required to relocate an existing overhead line; and WHEREAS, the City is being requested to grant a new utility easement to AT&T to relocate said line underground; and WHEREAS, the City will be responsible for costs associated with the relocation of AT&T’s line. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant a utility easement to AT&T to permit AT&T to relocate an existing overhead line to th underground at 4 Avenue and Michigan Street, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed, pursuant to Section 12-11, to enter into an appropriate agreement with AT&T for costs associated with said utility line relocation in an amount not to exceed $50,000. Money for this purpose is hereby appropriated from: Acct. No. 534-1040-7216-00000 CIP – Boat Works Riverwalk 0 QJHKOfH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich, Director of Planning Services 6 DATE: July 17, 2014 RE: Grant Utility Easement to AT &T; Approve Agreement with AT &T to Relocate Existing Overhead Line to Underground 1 4th & Michigan Street - Boatworks Riverwalk Project (Plan Commission Recommends Approval) BACKGROUND The subject property is located approximately 150 feet west of W. Ott' Avenue and Michigan Street, totals 1.22 acres, and is owned by the City of Oshkosh. The subject property is bound by Family Video to the west, mixed commercial structures to the north, City of Oshkosh Sanitation building to the east and W. 4th Avenue to the south. The City of Oshkosh Redevelopment Authority is requesting a private utility easement for an AT &T communication line located west of the northwest corner of W. 4th Avenue and Michigan Street. ANALYSIS AT &T will be relocating an existing communication utility in accordance with the Boatworks Riverwalk project that is necessary for the construction of an ADA accessible pathway. The proposed utility easement commences at the north right -of -way line of W. 4th Avenue west of the west right -of -way line of Michigan Avenue and continuing north to connect with an existing utility easement. The Department of Public Works, Community Development Department and City Attorney will work with AT &T and the Redevelopment Authority to have appropriate easement documentation signed and recorded at the Winnebago County Register of Deeds. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its July 15, 2014 meeting. Approved, City Manager cosR0032 -12.0 Estimate of Cost and Authority Mork �� ���� Page 2 of 2 KM2842 ` ^ .. AT&T vvlscoNSIN � = Special Construction Charge and invoice o7/o7rza14 ACTUAL COST BASIS Customer Request Number : 175118 Date ; 07/07/2014 Project Number 9605259 Customer ID : 134403 DESCRIPTION OF CUSTOM WORK: MOVE BURIED CABLE AT 4TH AND MICHIGAN STREET, OSHKOSH, WI 54901. THIS WORK REQUIRES UP -FRONT PAYMENT & SIGNED CONTRACT. TYPICAL TURN - AROUND TIME AFTER PRE - PAYMENT IS 6 -8 WEEKS, ESTIMATED COST FOR CUSTOM WORK: $ 37,553.05 Applicant understands that pursuant to the tariffs on file with the FCC and with the State of Wisconsin and/or in order to induce AT &T to reiinquish or modify its property right, it is my responsibility to pay these casts incurred by Wisconsin Bell, Inc., d /b /a SBC Wisconsin, a Wisconsin corporation to complete the work requested. Applicant has asked AT &T to perform the above - described custom work for which Applicant shall pay AT &T the .contract price of Thirty -Seven Thousand Five Hundred Fifty -Three Dollars And Five Cents/ $37,553.05 in advance of the start of any AT &T work. Applicant shall pay for the work on an "Actual Cost" basis. Upon completion of the work, AT &T will compute the actual cost of the work. Any difference between the amount of advance payment and the actual cost will be either paid by the Applicant to AT &T or refunded to Applicant by AT &T as the case may be. Applicant understands that this amount is only an estimate of approximate costs, and that the actual cost incurred by AT &T and for which the Applicant is responsible may be different. Charges are calculated in accordance with AT &T's ordinary accounting practices under the Uniform System of Accounts for Class A telephone companies and include allocated costs for labor, engineering, materials, transportation, motor vehicles, tcoi and supply expenses and corporate overhead loadings. The estimated amount of Thirty -Seven Thousand Five Hundred Fifty -Three Dollars And Five Cents / $37,553.1}5 is valid for only sixty (00) days and is therefore subject to change /cancellation after September 5, 2014 if AT&T has not received an executed copy of the Application and advance payment by that date. If Applicant cancels the work prior to completion, Applicant shall pay AT &T for all costs AT&T has incurred before being notified in writing to cease work. ACCEPTED FOR APPLICANT; BY: Printed Name: Title: Date Signed: SEND PAYMENT PAYABLE TO: AT &T Midwest - CWO Center 220 Wisconsin Avenue - Floor 2, Waukesha, WI 53186 ITEM: GRANT PRIVATE UTILITY EASEMENT FOR BOATWORKS RIVERWALK PROJECT Plan Commission meeting of July 15, 2014 GENERAL INFORMATION Petitioner: City of Oshkosh — Redevelopment Authority Owner: City of Oshkosh Actions Requested: The City of Oshkosh — Redevelopment Authority is requesting a private utility easement for an AT &T communication line located 281 feet west of the northwest corner of W. 4th Avenue and Michigan Street. Analysis: The subject property is located approximately 150 feet west of W. 4th Avenue and Michigan Street, totals 1.22 acres, and is owned by the City of Oshkosh. The subject property is bound by Family Video to the west, mixed commercial structures to the north, City of Oshkosh Sanitation building to the east and W. 4th Avenue to the south. AT &T will be relocating an existing communication utility in accordance with the Boatworks Riverwalk project. The relocation of the private utility is necessary for the construction of an ADA accessible pathway. The proposed 10 foot private utility easement commences at the north right -of -way line of W. 4th Avenue approximately 281 feet west of the west right -of -way line of Michigan Avenue. From the starting point, the easement continues north for approximately 316.20 feet terminating at an existing 10 foot private utility easement. The Department of Public Works, Community Development Department and City Attorney will work with AT &T and the Redevelopment Authority to have appropriate easement documentation signed and recorded at the Winnebago County Register of Deeds. RECOMMENDATIONS/CONDITIONS Staff recommends approval of the granting of the proposed private utility easement as requested. The Plan Commission approved of granting the easement as requested. The following is the Plan Commission's discussion on this item. Mr. Krumenauer presented the item, reviewed the site plan, and stated that this was a relocation of an existing easement to enable the construction of the Riverwalk on the south shore of the Fox River. Mr. Borsuk inquired if the abandonment of the existing easement would be included as part of the easement documentation. Mr. Krumenauer responded affirmatively. Mr. Gray questioned why this easement was different in size than the last one presented. Mr. Krumenauer replied that the width of the easement is based on the size of the utility going in it as it has to accommodate the necessary area to install and maintain it. Motion by Nollenberger to approve the granting of a private utility easement for Boaiworks Riverwalk project. Seconded by Borsuk. Motion carried 8 -0. O1HK01H ON THE WATER APPLICANT INFORMATION City of Oshkosh General Application * *PLEASE TYPE OR PRINT USING BLACK INK ** SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236 -5059 Petitioner: L' lC P � D?` z Date: 6 �$ Petitioner's Address: oil YGA City: State: AIT Zip: Telephone r,:� Fax: ( ) Other Contact # or Email: Status of Petitioner (Please Check): 0 OwnerAepresentative El Tenant 0 Prospective Buyer Petitioner's Signature (required): OWNER INFORM IATION Owner(s): 0 Owner(s) Address: Telephone #: ( ) Fax: ( j Date: Date: City: h LM State: &).Z Zip: Other Contact # or Email: Ownership Status (Please Check): 0 Individual © Trust C7 Partnership 0 Corporation Property Owner Consent: (required) By signature hereon, YWe acknowledge that City officials and/or employees rnay, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: TYPE OF REQUEST: © Access Control Variance ,Easement • Privilege in Street (identify) • Other (identify) SITE INFORMATION Address/Location of Proposed Project: Proposed Project Type: Current Use of Property: UOLCGw.: Land Uses Surrounding Your Site: North: South: East: West: Date: - C3C� p��5 Ir+ U�tc�Gt(r� �rrn iCC�1 . S r t? Zoning: -S t m--�-R D Application fees are due at time of submittal. Make check payable to City of Oshkosh. Please refer to the fee schedule for appropriate fee. FEE IS NON- REFUNDABLE For more information please visit the City's website at www.ci.oshkosh.wi.us/Community_Dcvelopn-ient/Planning.ht-A Staff Date Rec'd 13 Private Easement Request Petitioner: City of Oshkosh— Redevelopment Authority Owner: City of Oshkosh Narrative: The subject property is located approximately 150 feet west of W 4t' Avenue and Michigan Street, totals 1.22 acres, and is owned by the City of Oshkosh. The subject property is bound by Family Video to the west, mixed commercial structures to the north, City of Oshkosh Sanitation building to the east and W 4' Avenue to the south. The proposed 10 foot private utility easement commences at the north right -of -way line of W 4"' Avenue approximately 281.25 feet west of the west right -of -way line of Michigan Avenue. From the starting point, the easement continues north for approximately 316.20 feet terminating at an existing 1.0 foot private utility easement. AT &T will be relocating an existing communication utility in accordance with the Boatworks Riverwalk project. The relocation of the private utility is necessary for the construction of an ADA accessible Pathway. CENTER OF SECTION EASEMENT EXHIBIT 23, T,18N., R.16E. \\ PARTS .OF LOT 19, BLOCK 93, VACATED THIRD STREET, AND N LOTS 7 & 19, BLOCK 94, IN THE PLAT OF THE ORIGINAL THIRD WARD OF THE CITY OF OSHKOSH, NOW IN THE SIXTH WARD, LOCATED IN THE NW 1/4 OF 'THE SE 1/4 OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO.000NTY. WISCONSIN. I NORTH IS REFERENCED TO THE WISCONSIN COUNTY COORDINATE SYSTEM, WINNEBAGO ,(+ COUNTY ZONE. \ \ 0� 0' 50' l00' 200' SCALE 1"=100' LOT 5 \ \ \ CSM 5619 l LEGEND • 3/4" DIA. REBAR, FOUND iG CHISELED "X ", FOUND LOT 2 \' \ N SAME OWNERSHIP - — - f — RIGHT -OF -WAY LINE \ CSM 5519 \ -- PROPERTY PARCEL LINE \ - - -- ORIGINAL OR PREVIOUS LOT LINE LOT 2 a� CSM 6109 Z I I EXISTING 10' WIDE M40o E UTILITY EASEMENT S� I LOT 2 /' �1 O \�. 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