HomeMy WebLinkAbout05. 15-353
JULY 28, 2015 15-353 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE GRANTING EASEMENT TO NORTHERN TELECOM &
DATA; DIVISION STREET PARKING LOT / 500 BLOCK NORTH
MAIN STREET
INITIATED BY: NORTHERN TELECOM & DATA
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
proper City officials are hereby authorized and directed to grant Northern Telecom &
Data, an easement on the east side of the Division Street parking lot to provide service
to property owners on the west side of the 500 block of North Main Street, per the
attached, and the proper City officials are hereby authorized and directed to execute
any and all documents necessary for purposes of same.
O.IHKOJ H
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich h
Director of Planning Services
DATE: July 23, 2015
RE: Approve Granting Easement Behind Buildings on West Side of the 500 Block of
North Main Street (Plan Commission Recommends Approval)
BACKGROUND
The subject parcels are located on the north side of Church Avenue between Division Street
and North Main Street (Division Street Parking Lot). Northern Telecom & Data is requesting
an easement to service parcels on North Main Street along the east property line of the City-
owned parking lot at the corner of Church Avenue and Division Street. The easement will
also run through the rear of multiple commercial parcels that it will be servicing.
ANALYSIS
The proposed 8' wide easement will start along Church Avenue and run north about 180'
along the east property line of the City-owned parking lot branching into the rear of five
commercial properties fronting North Main Street. This easement is necessary for Northern
Telecom & Data to provide needed service to the commercial properties on the west side of
the 500 block of North Main Street and any disturbance caused by the excavation will be
restored to its original state. The Department of Public Works reviewed the proposed
easement and determined that it will not conflict with city utilities and will coordinate with
Northern Telecom & Data to have appropriate easement documents signed and recorded at
the Winnebago County Register of Deeds.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of the request at its July 21, 2015 meeting.
Approved,
City Manager
ITEM: GRANT EASEMENT BEHIND THE BUILDINGS ON WEST SIDE OF THE
500 BLOCK OF NORTH MAIN STREET (DIVISION STREET PARKING
LOT)
Plan Commission meeting of July 21, 2015
GENERAL INFORMATION
Applicant: Northern Telecom & Data
Owner: City of Oshkosh
Actions Requested:
Northern Telecom & Data is requesting granting of an easement behind the buildings on the west
side of the 500 block of North Main Street.
Applicable Ordinance Provisions:
N/A
Property Location and Background Information:
The subject parcels are located on the north side of Church Avenue between Division Street and
North Main Street (Division Street Parking Lot).
Northern Telecom & Data is requesting an easement to service parcels on North Main Street along
the east property line of the City-owned parking lot at the corner of Church Avenue and Division
Street. The easement will also run through the rear of multiple commercial parcels that it will be
servicing.
Analysis:
The proposed 8' wide easement will start along Church Avenue and run north about 180' along the
east property line of the City-owned parking lot at the corner of Church Avenue and Division
Street, branching into the rear of five commercial properties fronting North Main Street.
This easement is necessary so that Northern Telecom& Data may provide needed service to the
commercial properties on the west side of the 500 block of North Main Street. Any disturbance
caused by excavation will be restored to its original state.
The Department of Public Works reviewed the proposed easement and reported that the easement
will not conflict with city utilities. The Department of Public Works will coordinate with Northern
Telecom & Data to have appropriate easement documents signed and recorded at the Winnebago
County Register of Deeds.
RECOMMENDATIONS/CONDITIONS
Staff recommends approval of the granting of the proposed easement as requested.
The Plan Commission approved of granting of the proposed easement as requested. The following
is the Plan Commission's discussion on this item.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. He reviewed the easement area and the site plan depicting
the proposed easement and the purpose of the request.
Mr. Thorns questioned if this easement would extend onto portions of private property.
Mr. Slusarek responded affirmatively.
Mr. Thorns then questioned if this proposed easement would have a negative impact on any of the
affected properties.
Mr. Buck responded negatively and stated that there was already an existing easement on the
parking lot area behind these properties and the easement area will be within this parameter.
Mr. Borsuk commented that there was no mention of regulations regarding contacting Digger's
Hotline or other conditions relating to insurance and other standard conditions.
Mr. Buck responded these conditions could be added if the Commission felt it was necessary
however this was the standard operating procedure for easement requests.
Bill Miller from Northern Telecom & Data stated that the easement may be new however both
AT&T and Time Warner already have facilities in this location and their company is basically a
part of the 811 system as are the other two mentioned utility providers which include registration
with Digger's Hotline.
Mr. Bowen arrived at 4:05 pm.
Mr. Burich stated that the standards relating to the conditions discussed are usually placed on
privilege in the street requests and are not applied to easement requests.
Mr. Gray commented that the staff report refers to the easement being placed along the west
property line of the parking lot and questioned if it should be the east property line.
It was noted that the staff report was incorrect and would be revised to reflect the correction when
the item proceeds to the Common Council.
Mr. Borsuk stated that he would like to amend the request to include the standard ten conditions
placed on privilege in the street requests.
Motion by Vajgrt to approve granting an easement behind the buildings on the west side of
the 500 block of N. Main Street (Division Street Parking Lot) with the amendment to
include the following conditions:
Item —Grant Easements-500 blk N Main St 2
1. Placement of the underground duct shall be coordinated with the Department of Public
Works to prevent conflicts with existing underground utilities.
2. The underground duct is installed in a manner that is approved by the Department of
Public Works with no modification or changes in construction procedure without prior
approval by the Department of Public Works.
3. If no longer needed, the underground duct be properly abandoned and removed in
accordance with City standards and under the direction of the Department of Public
Works.
4. Any problem that may arise as a result of placement of the underground duct be the
responsibility of the petitioner/owner to correct in coordination with the Department of
Public Works.
5. All appropriate permits be obtained prior to the start of placement of the underground
duct.
6. The underground duct shall be modified or removed immediately upon request of the City.
7. The petitioner/owner secures and submits to the City Clerk a separate insurance policy
which names the City as an additional insured with a minimum coverage of$200,000 per
person and$500,000 in general aggregate.
8. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance
certificate with the City Clerk upon expiration of an existing certificate. Failure to do so
will result in the revocation of the privilege in the right-of-way permit within ten (10) days
of notice.
9. The petitioner/owner execute a hold harmless agreement with the City.
10. The facility be part of and documented with Digger's Hotline system.
Seconded by Thoms.
James Rabe, Civil Engineer Supervisor, explained that this area was not public right-of-way
although it is a city-owned parking lot and that privilege in the street requests were to allow
companies to install facilities in areas that would not be allowed as it is designated as right-of-way
and therefore required these conditions. This easement request was to provide services to the
adjacent properties on Main Street by a utility company that is approved to install facilities in the
right-of-way and would not apply in this case.
Mr. Bunch added that this could be researched for future easement requests and he could obtain an
opinion from the City Attorney's office however these conditions have not been placed on other
easement requests in the past.
Mr. Borsuk discussed his concerns with right-of-way issues and his reasoning for wanting to place
these conditions on easement requests as well as privilege in the street requests and the Plan
Commission's ability to deny this request.
Bill Miller from Northern Telecom & Data stated that they were a public utility company which
was the same as AT&T or Time Warner Cable and the same stipulations that apply to these
companies should apply in this case.
Mr. Hinz questioned if the Commission should vote on the amendment brought forward to add the
standard privilege in street conditions to this request.
Item —Grant Easements-500 blk N Main St 3
After further discussion, the amendment was withdrawn.
Motion by Hinz to approve granting an easement behind the buildings on the west side of
the 500 block of N. Main Street (Division Street Parking Lot).
Seconded by Bowen. Motion carried 8-0.
Item —Grant Easements-500 blk N Main St 4
•
•
City of Oshkosh
• Engineering Division
•
•
Memo
To: Deborah Foland
From: Justin Gierach, E.I.T.
CC: Steve Gohde, Interim Director of Public Works
Date: June 1,2015
Re: PC Item for the July 21st Agenda
Northern Telecom & Data (NTD) is requesting an easement to service parcels on North Main Street
along the east property line of the City owned parking lot at the corner of Church Avenue and Division
Street.
The Parcel number is 90700590000 and the property is located at the intersection of Church Avenue
and Division Street.
The map showing the area is attached.
The description of the easement is as follows:
A parcel located in parts of Lots 49&51, Block 43 of"Leach's Map of 1894", and par of Lots 6,25-29 of
"Henning's Plant of Lot 2, Block 43"per Leach's Map of 1894 located in Section 24,Township 18 North,
Range 16 East, 7th Ward, City of Oshkosh, Winnebago County Wisconsin. The Center line of the 8p
Utility Easements is described as follows:
Commencing at the Southwest corner of said Lot 49 of Block 43 "Leach's Map of 1894"; thence South
58 degrees 30 minutes 54 seconds East 98.51 feet, along the South line of said Lots 49 and 51, to the
point of beginning;thence North 00 degrees 28 minutes 53 seconds West 189.62 feet, being 4'West of
and parallel to the West line of Lots 1, 48 and 50 of said Block 43 of"Leach's Map of 1894", and the
West lines of Lots 2-6 of said "Henning's Plat of Lot 2, Block 43" per Leach's Map of 1894; thence
South 89 degrees 23 minutes 49 seconds East 46.04 feet, to the intersection of the East line of lands
described in Document 1320287,to the point of termination.
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