HomeMy WebLinkAbout34672 / 87-363 December 3, 7987 # 363 RESOLUTION
(CARRIED LOST LAID OVER WITH�RAWN )
PURPOSE: APPROVE PRELIMINARY AN� FINAL EXTRATERRITORIAL PLATS/OAKWOOD CIRCLE
INITIATED BY: CITY ADC1INISTRATIOf1
WHEREAS, the City of Oshkosh Common Council previously approved the preliminary
extraterritorial plat of Oakwood Circle subject to certain conditions among which
require compliance with street design standards and improvement requirements; and
WHEREAS, the Comnon Council denied the developers' request for variances to
those conditions and denied final plat approval due to its failure to comply with
the conditions of preliminary plat approval ; and
WHEREAS, responding to a lawsuit filed by the developers , the Non. Thomas S.
Williams ruled the City had no statutory authority to require public improvements
in extraterritorial subdivisions and ordered the City to approve the plat of Oakwood
Circle without any conditions as to public improvements; and
WHEREAS, while the City pursues its appeal of the decision, Judge Williar�s
issued a stay of the effect of his ruling, temporarily relieving the City from
� approving the plat as ordered; and
WHEREAS, the developers have agreed to certain disclosures to be given to
purchasers of subdivision lots prior to the time of sale, namely: litigation
is underway to determine the extent of the City's extraterritorial plat approval
authority as related to public improvement requirements; should the City prevail ,
the developers shall install public improvements according to the City's subdivision
regulations; the property owner and the developers shall share the cost of such
improvements at no cost to the city; and
WHEREAS, in response to this agreement, Judge Williams lifted the stay on
November 25, 1987, which requires the City to approve the preliminary and final
plats of Oakwood Circle and allows the developers to proceed;
NOW, THEREFORE, BE IT RESOLVED by the Camnon Council of the City of Oshkosh
that the preliminary extraterritorial plat known as Oakwood Circle, described 6elow,
is approved.
BE IT FURTHER RESOLVED that the final extraterritorial plat known as Oakwood
Circle, also described below, is approved.
A subdivision located in the NW 1/4 of the NW 7/4 and in the Sl9 1/4
of the NW 1/4, Section 76, T1IIN, R76E, Town of Algoma, 4linnebago
County, Wisconsin.
SUBYITTED BY ______._._,___�
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