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(CARRIED LOST LAID OVER WITHDRAWN )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
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�.,
(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 -
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� 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
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