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HomeMy WebLinkAbout34984 / 88-199 JULY 21, 1988 August 4, 1988 #176 #799 ORDINANCE FIRST READING SECON� READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: WEST AREA ANNEXATION INITIATED SY: THOMAS RUSCH� JOHN G(INNING, JANE MACCO 6 ]ERRY MATHOSEK PLAN COMMISSION ACTION: Approved 8-1 A GENERAL ORDINANCE OF THE CiTY OF OSHKOSH ANNEXING CERTAZN TERRITORY ZN THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 6TH� 13TH� AND 16TH WARDS OF SAID CITY. WHEREAS, an annexation petition duly circulated has hereto£ore been signed by the owners of more than 50$ of the .land in the area within such territory, and a majority o£ the electors �� � residing in said territory, notice of intention to circulate an annexation petition for direct annexation having been duly published, and a copy of said notice with a scale map reasonably showing the boundaries of the area sought to be annexed and its relation to the municipalities involved, having been duly served upon the affected municipal and school district clerks and the Director of the Planning Function, Department of Resource Development, State of Wisconsin, within five (5) days of the date of publication of said notice, adoption of this Ordinance shall constitute acceptance of the petition o£ annexation; and WHEREAS, more than twenty (20) days have lapsed Since the publication of the notice of intention to circulate such annexation petition and not more than one hundred twenty (120) days have lapsed since the filing of the annexation petition; and WHEREAS, the Directcr o£ 2:ar.ning Function of the Department of Resource Development of the State of Wisconsin has issued his opinion that the annexation is contrary to the public interest; and WHEREAS, the Plan Commission o£ the City of Oshkosh has recommended that the said property be temporarily zoned as follows: A-1 Single Family Residence, R-3 Mul[iple Dwelling & C-2 Ligh[ Commercial (as per [he at[ached ^Exhibi[ B") SUBlSITPED BY - 5 - APPRO'�BD .y JULY 21, 1988 #V6 ORDINANCE (cont'd) AUGUST 4, 1988 #199 NOW, THEREFORE, the Common Council o£ the City of Oshkosh do ordain as Pollows: SECTION 1. The followinq described territory, pursuant to a duly circulated and filed annexation petition for direct annexation is hereby annexed to and made part of the City of oshkosh, a municipal corporation located in Winnebago County, more specifically in the 6th, 13th and 16th Wards of said City and is annexed for school purposes also and is hereby made a part of the City school district, and subject to all the laws governing .the same, all in accordance with Section 66.021 of the Wisconsin Statutes and the amendmenta thereto: A pa�t of Ghe E 1/P oE Section 20-18-16, the Sw 1/d of the SW 1/4 oE Section 21-18-16, the W 1/2 of khe NW 1/4 of Section 28-18-1fi and Sn [he NE 1/4 of Section 29-10-1fi, all in the Tovn of Algoma� itinnebago County� Wisconsin described as follows: Commencing at the NE cocnec oE the N4! 1/4 of the Hw 1/4 of Section 28-18-16 [hence south along [he east line o£ the NW 1/4 of the NW 1/4 of said Section 28� 215 fee[, thence vest parallel vith fhe mc[h line oE said Section 28� 73 feet to the t�ue point of beginning, thence conCinuing aest paca11e1 with the north line of said SecGion 28, . 243 feeL [hence nurth parallel to the east line oE the N4! 1/4 of the NW 1/6 of said Section 28 to the no�Th line of 41. Nin[h Avenue, ihence wes[ along !he north line oE W. Nin[h Avenue to tF.e easc line of 5. Oakwood Road, thence south along the east line of S. Oakwood Aoad Co the south line of fhe Nw 1/4 of the NW 1/4 oE said Section 28� thence east along the south line of the NW 1/9 of the N[i 1/4 of said Section 2B to a point 200 feet east of the west line of said Sec[ion 28, thence sou[h parallel to the vest line oE eaid Sec[ion 28, 100 feet, thence west pa[allei to the sou[h line of [he lin 1/9 of the N[P 1/4 of said Section 28 fo the west line of said Section 28, thence mrth along the vest line oE said Section 28 to the southeast co[ner of the t�E 1/4 of of the NE 1/d Sec[ion 19-18-16� thence wesf along the south line of the NE 1/4 of [he NE 1/4 0£ said Section 29, 388 fee4 thence novth pa�allel to ehe easc : e oE said Seceion 29, 730 Eee[, thence west pacallel to the sout❑ line of Honestead Avenue to the vest line of the t!E 1/4 of the HC 1/4 of said Section 29, thence norfh along the vest line of the NE 1/4 of [he NE 1/4 of said Section 29 to the South line of W. Ninth Avenue, fhence ves[ along the south line of H. Nin[h Avenue to a point 1,123.92 feet east oE the vest line of the NW 1/4 of Che Ne 1/4 of said Sec;ion 29, [hence south pa[allel to the easf line of the NW/1/4 of the [+E 1/4 oE said Sec[ion 29 to a poin[ 190 feet eouth of the no�th line of said SecYion 29, thence vest parallel to fhe no�[h line of said Sec[ion 29, 163 feet, lhence noceh pa�allel [o Fhe east line of [he NfJ 1/4 of [he NE 1/A of said Ecction 29 [o [he north line of said Section 29, thence eas[ along the no�th line of said Section 29 to the sou[heas[ corner of the SW 1/4 oE the SE 1/4 oE Sec[ion 20-18-16, thence north along the east line of Che SH 1/4 of thc SC 1/4 of said Section 20 [o the southuest co�nec oE the tIG 1/4 of the SE 1/4 oE said Section 20, thence easc along the south line oE the NE 1/4 0£ the SE 1/4 oE said Section 20� 667.33 fee4 [hence norch p�rallel m [he eas[ line oF eaid Section 20 [o a point 303.5 feet sou[h oi the north linc ef [he NE 1/4 ot the SE 1/4 of said Section 20� [hence wes[ pa�allel ro the nocth line of [he NC 1/4 of the SC 1/4 of said Sec[ion 20, ]00 fee[� Chence no�en n��aiiei to the easc line of said - b - �ULY 21 1988 N176 ORDINANCE (cont'd) AUGUST 4, 1988 #199 5ection 20 to [he sou[h line of Fau[th 5[[eet Road (C.T.H. •E') thence wes[ along the south llne of Fou�th St�eet Road (C.T.H. •E") 60 feet� thence eouth pa�allel to the east line of said Section 20 to a polnt 303.5 feet sou[h oE the no�th llne of the NE I/4 oE Fhe Se 1/4 of said Sec[ion 20, thence wes[ pa[allel to the no[th line oE Ghe NE 1/4 of the SE 1/4 oE said Seetion 20� 400 feet, thence no�th parallel to Ghe east line of 6ald Sec[ion 2a to Ghe south line oE Fou[[h St[eet Road (C.T.H. •E")� thence vest along the south line � oE Fourth Street Road fC.T.H. 'E•) to the ves[ line of [he ��E 1/d of the Se 1/4 oE sald Sec[ion 20, thence m�th along the west llne of NE 1/4 of the SE 1/4 and the wes[ line oE Che E 1/2 oE the NE 1/4 of said Sec[ion 20 to the NE cocner of [he Nw 1/4 of the Ne 1/4 oE said Section 20, thence wesc along the north line of the NW 1/4 of the NE 1/4 oE said Section 10 to the NIJ co�ne� af the NW I/4 0: ihe GE 1/9 of said Sectlon 20, thence south alonq the west line of the ttlJ 1/4 of [he NE 1/4 of said Section 20 to the 5W co�ne� oE [he P!N 1/4 of the NE 1/4 of said Section 20, thence eae[ along the nor[h line oE [he SCi 1/4 oE the NE 1/4 oE said Section 24 to the east line of [he W 1/2 of the Sw 1/4 of th_ NE 1/4 oE said Section 20, thence sou[h along the easT line oE the lr 1/2 of the SW 1/4 of the NE 1/4 oE said Sec[ion 20 [o the sou[h line of Fourth St[eet Road (C.T.H. 'E') thence eas: along the south line oi Fourih 5[teet Road (C.T.ti. 'E") to a point 1836 feet west of the east line of said Section 20, thence sauth parallel to the east line of the fM 1/4 0: che SE 1/4 of said Section 20 to a point 560 Eee! south oE the north line of Fhe NW 1/4 of the SE 1/4 of said Section 20� [nence wes[ pavallel to the nocbh line oE tFe NtJ 1/4 of the SE 1/4 oE said Section 20, 400 Eeet� [hence noith pacall_! [o the east line of the N1P I/4 of the SE 1/4 of said Section 20 to the north line of Fou[th St�eet Aoad (QT.!!. 'E") � thence vest along Yhe no�th line oF Fou�th Street Road (C.T.H. 'E") to the west line of the SW 1/4 of the NE 1/4 of said Seciion 20� thence �sou[h along the west line oE the SW 1/4 oF the NE 1/4 and also the west line of the N�l1/4 of t�e SE 1/4 of said Settion 20 to [he SW co�nec of the N:'l l/4 of the SE 1/4 oE said Section 20, thence east along the m�hh line of the SW 1/9 of the SE 1/4 of said Section 20, 2ae.71 feet, thence south pacallel [o the ves[ line of the SA 1/4 of Che SE 1/4 of said Section 20, 208.A fee!, Fhence vest pz:allel fo the nor[h line of the SW 1/4 of the SE 1/4 oE said Secfion 20, 208.]1 Eeet [o the west line ot th= Su 1/4 of the SE 1/4 of said Section 20, thence �outh along the acst line of [he SIB 1/4 of the SE 1/4 oE said Sectior. 20 to the nocih line of ti. Ninth Avenue, thence ea�t along the mrth line o£ F1. NinGh Avenue 421.47 feef, khence north pa�allel to the wes[ line of [he Sid 1/4 oE the SE 1/4 of said Sec[ion 20 to a point 250 Eeet north of the sou[h line of said Section 20, thence east pa�allel to the south line of said SxGion 20, 133 feet� thence south Fa�allel to tne west line of thc SIJ 1/4 oE the SE 1/4 of said Seccion 20, 250 Eeet to [he south line oE said Section 20, fhence vesi alonq [he souGh line of said Sec[ion 20 Co khe Sta co�nrr of ' ] _ JULY 21 1988 #776 ORDINANCE (con['d) AUGUST 4, 1988 #199 !he Sw 1/� oE the SE 1/4 oE eaid SecGion 30, tAence sou[h along [he vesi 11n< of [he NE 1// of Sec[SOn 29-18-16 to the SW covner of the NE 1/1 of aeld Sechion 39� thence easG along the south 11ne oE [Ae NE 1/4 of said Section 29 to a point 977 feet aest oE the E 1/4 polnt of sald Section 29� [hence N. 36 degrees 45' E to a point 775 feet nocth of Ghe sauth line of the SE 1// oE khe NE 1/4 of said Section 29, thence east pa�allel to the south line of the SE 1/4 of the NE 1/4 o'f eaid Sectlon 29 to the east line of said Sectlon 29, [henc¢ noc[h along the east llne o£ said Section 29 to a point 849,{9 feet nor[h of the east 1/4 corner of said Sectian 29, Ghence N. 66 deg�ees 54' 37" E., 141.11 feet thence N. 55 degcees 4]' 35' E., 76.28 feet, [hence 5. 24 deg�ees O1' 30" £., 468.76 feet, th¢nce N. 70 degcees 43' 26" E., 98.78 feet, thence N. 68 degrees 3�' 04' E., 50.00 Eeet, lhence S. 56 deg[ees 43' 46' E., 142.93 fee[, thence N. 83 degvees 38' 38" E.� 304.18 feet, [hence N. 46 degcees 03' 31• E., 300.88 feet, th=nce N. 11 deg�ees 32' 00" [l.� 392J0 fee�, thence N. 09 degvees 03' 34" E., 327.73 feet, thence 5. B9 degrees 23' O1' E., 458.14 feet, thence 5. 03 degrees 30' 17" W.� 140.30 Eee[� thence S. 38 degrees 55' 00" E., 100.32 feet to [he vest line of the E 1/2 of the NW 1/4 of Section 18-18-16, thence mcth along the vest line oE the E 1/2 oE [he NW"1/d o£ said Section 28 to Che 54: corne� o£ Lot 82 in ihe [Pesthaven Plat, thence mrthvestecly 340.26 feet to a point on the extended north line of Outlot 9 of the Fle=_thaven Plat vhich is 73 feet west of the ves[ line of the E 1/2 oE the NW 1/4 of said Section 2B, thence noc[h parallel vith the west line of the E 1/2 oE [he NW 1/4 of said Sec[ion 28, 200.01 feet to the tiue point oE beginning except southerly '/ of ]ot #108 of the ist Addn to Oak Manor Estates Said Paroel contains appcoximately 319.58 acres. (ee�eratir aes«ie<a as cnae a .,ni�n � e„as t�om vne ue,cna�e� c��r eo� .,� „ en< <eaq e< ., o.k.00a xa. eax�n� �e,�, ,,,a „o<<neny ,�,oss 9[heSL�Rd. m a DotntrnorN 'of 4eh 5[. Ra. (CT ^E")) SECTION 2 . Section 1-28, 1-29, l0-1 and 10-3 of the oshkosh Municipal Code pertaining to Boundaries, Wards, Polls, Benchmarks are hereby amended so as to reflect the provisions of this ordinance and the proper City officials are hereby authorized and directed to make such changes. sECTioN 3 . This Ordinance shall be in £ull force and effect £rom and after its passaqe. SECTION 4. The proper City of£icials are hereby authorized and directed to comply with the following requirements o£ Section 66.021 (8) of the Wisconsin Statutes and the City Clerk shall give written notice to the appropriate Town Clerk of the acceptance of the annexation petition and the adoption of this Ordinance. SECTION 5. That said property hereinabove described is hereby temporarily zoned as follows: R-1 Single Family Residence, R-3 Clul[iple Dwelling & G2 Light Commercial (as per [he a[tached "Exhibi[ B") - 8 - • � ' "EXHFaIT A" Ordinance $iq9 � -- � . i I , — I _ �I' � . 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