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HomeMy WebLinkAbout32990 / 84-08August 16,1984 First Readinq #g ORDINANCE (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: WICKANDER ANNEXATION INITIATED BY: Wallace Wickander PLAN COMMISSION RECOMMENDATION: Approved 6-0 A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ANNEXING CERTAIN TERRITORY IN THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 6th WARD OF SAZD CITY. The Common Council of the City of Oshkosh do ordain as follows: WHEREAS, an annexation petition duly circulated has heretofore been signed by the owners of all of the real property within such territory and all of the electors residing in said territory; and WHEREAS, Section 66.021(12) of the Wisconsin Statutes allows for petition to be filed without a notice of intention to circulate in an annexation by unanimous approval; and WHEREAS, said annexation petition together with a description of the territory to be annexed and a scale map showing the boundaries of such territoxy and its relation to the municipalities involved, having been filed with the City Clerk of the City of Oshkosh and the Town of Algoma; and WHEREAS, a copy of said annexation petition together with a description of the territory to be annexed and a scale map having been mailed to the Director of the Planning Function, Department of Resource Development, State of Wisconsin, and the appropriate School District Clerk within five (5) days of the filing of said petition; and WHEREAS, not more than one hundred twenty (120) days have lapsed since the filing of the annexation petition; and WHEREAS, the Director of the Planning Function of the Department of Resource Development of the State of Wisconsin has issued his opinion that the annexation is not contrary to the public interest; and WHEREAS, the petitioners have requested that the annexation ordinance temporarily designate the classification of the annexed areas for zoning purposes; and - 16 - �., (REVISED) August 16, 1984 #$ Cont'd. WHEREAS, the Plan Commission of the City of Oshkosh has recommended that the said property be temporarily zoned as follows: C-2 - Light Commercial NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. The following 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 to the 6th Ward of said City and is annexed for school purposes also and is hereby made a part of the City School District, and subject to Wisconsin Statutes and the amendments thereto: A parcel of land in the SE 1/4 of the SE 1/4 of Section 21, T18N, R16E, of the Town of Algoma, Winnebago County, Wisconsin, described as follows: Commencing at the East 1/4 corner of said Section 21-18-16, thence southerly along the east line of Section 21-18-16, 198 feet, thence westerly parallel to the north line of the SE 1/4 of SE 1/4 of Section 21-18-16, 660 feet, thence south parallel to the east line of said Section 21-18-16, 402 feet, to the true point of beginning, thence easterly parallel to the north line of SE 1/4 of SE 1/4 of said Section 21-18-16, 660 feet, thence southerly along the east line of Section 21 to the southeast corner of Section 21-18- 16, thence west along the south line SE 1/4 of Section 21- 18-16 to the centerline of Washbuxn Street, thence northerly along the centerline of Washbuzn Street to the north line of the SE 1/4 of the SE 1/4 of SE 1/4 of Section 21-18-16, thence westerly parallel to the north line of the SE 1/4 of SE 1/4 of Section 21-18-16 to a point 660 feet west of the east line of the SE 1/4 of SE 1/4 of Section 21-18-16, thence north parallel to the east line of said Section 21- 18-16 to the true point of beginning. Said parcel contains approximately 8.89 acres. SECTION 2. Sections 1-28, 1-29, 10-1 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. The proper City officials are hereby authorized and directed to comply with the following requirements of 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. -17 - , � August 16, 1484 #8 Cont'd. SECTION 4. That said property hereinabove described is hereby temporarily zoned as follows: C-2 - Light Commercial SECTION 5. That this ordinance shall be in full force and effect from and after its passage and publication. -17a- SUBMITTED BY APPROVED J RUSSELL F. WILLIAMS T CoMMi55iOrvEF CMFRLES E, W ILLIqMS OAVID J. SGMULT2 NADINE I. DAVY Mr. William Frueh City Manager 215 Church Avenue Oshkosh, WI 54901 Dear Mr. Frueh: wILLIAMS AND WILLIAMS ATTORNEVS AT LAW 504 ALGOMA BOULEVqqD - BO% 2285 OSHKOSH, WISCONSIN 54903 (a 1 a) 233-2500 August 6, 1984 CHARLES H. W ILLIAMS 1803-1959 We represent Mr, and Mrs. jdallace Wickander of 890 South Washburn Street, Oshkosh, Wisconsin. Mr. and Mrs. Wickander reside in the Town of Algoma and have petitioned the City of Oshkosh for annexation of their land as we11 as land owned by Dr. and Mrs. t4elvin Apell. Dr. and Mrs. Apell have also signed the petition for annexation. Mr. and Mrs Boeder for property. . Wickander intend to sell their land to Mr. Robert construction of a Burger King Restaurant on the In order to have Mr. Boeder's financing approved and close the sale on August 17, 1984, it is necessary that the land be annexed to the City of Oshkosh at the August 16, 1984 City Council Meeting. In the event the annexation is not approved on August 16, 1984, and the closing date of the sale delayed, it is possible that the entire deal will fall through because of the delay. Therefore, we respectfully request that the City Council suspend it's rules on annexation to permit the annexation of the Wickander and Apell properties to the City of Oshkosh on August 16, 1984. In the event the Council is unwilling to suspend it's rules on annexation, we would request that the Council adopt a resolution that would permit Mr. Boeder to hook up to city utilities pending annexation. It is my understanding that the annexation will be unopposed by the property owners, State of Wisconsin, County of Winnebago, City of Oshkosh and Town of Algona. Therefore, hopefully the Council will be able to grant the annexation on August 16, 1984. Thank you. Mr. William Frueh August 6, 1984 Page -2- Sincerely, WILLIAMS AND WILLIAMS %'% IiR��-�(L-. C. (N C..�2�Ly_7 Charles E. Williams CEW:pla cc: Mr. Robert Boeder Mr. and Mrs. Wallace Wickander Dr. and Mrs. Melvin Apell SE I/4 SEC. � ��Tr OF OSMKOSN � TOWM OF ♦LOOMA OF SE f/4 F�, 9TH 660' �_ � I GITY OF N 0 osHxosN . � PpINT OF BEGINNING _ 660' 1 � NORTH LINE SE I/4 0/ S I/4 e / UTY OF � OSHKOSH' f�. a j 1 O� � J a o J� a p V � � P � � J4 F SE 1/1 S O Y � � ° 8.89 ' — 3� � ��� acRE AUG031� b [n ! CiTV CIER je � 1 \ ! EAST I/f CORMER TOWN OF ALGOMA Z� 22� �ITY OF OSHKOSH 28 27 : �i' a Z � � OFAWM1 tiJICRAtdDER ANNEXATION � cir��oFJ5HKO5H T-s-ea iNINTH � WASHBURN ���..a,� ENGINEFRING DEPARTMGNT SCAtE �, N N E X A T I 0 M � q ,. �"c2C0' -lla- Y• � G 'C � C m n c� rr � ����vvv H � : x � �, r � � � O fi 0 � �zo x t7 H�4' C�] CJ tA �ro� H � � 'C H m x m tn `� �t q " r e� � � N- � x a p a N ti ro n 0 '7J N re rr k � p � m � w rt �• 0 � O n a � C� i:'� •� � r r' 4'. �.,