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Home My WebLink About32001 / 82-021 ,Tuly 15, 1982 SECOND READING PURPOSE: II 2 ORDINANCE PACKER'S PUB AND LA SURE ANNE3C.�TION INITIATED BY: THOMAS HEISLF.R, ET AL. PLAN CODIDfISSION RECO1�AfENDATION: APPROVED 8-0 A GENERAL ORDINANCE OF TfIE CITY OF OSHKOSH ANNEXING CERTAIN TERRITORY TO THE CZTY OF OSHKOSH AND SPECIFICALLY TO THE 13TH WAKD OE SAID CITY. WHEREAS, an annexation petition duly ci.rculated has heretofore heen si¢ned by the oc.�_rs of a11 of *_he real pr_:�erry within sucF t=_rritory and all of the electors residing in said territo:y; and WfiEREAS, Sect3on 66.021(12) of the Wisconsin Statutes allows for peti- tion 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 ter- ritory 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 descrip- tion 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 petitions; 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 anaexation is not contrary to the nuhlic int-erest; and WHEREAS, the petitioners have requested th.a.t the anr.exati�n ordiaance �=_mporar.i.l:: .?esigr.:,r_:e _ae. ,=1ass�-�i.:a�ion .,' tha snn�xed a.reas =or ;:onin; paru�.�-�� .��± WdEREAS, the Plan Co�ission of the City of Oshkosh has reco�ended tnat the said property be temporarily zoned as follows: C-2 LIGHT COI•4fERCIAL NOW, THEREFORE, Che Common Couricil of the City of Oshkosh do ordain as follows: -2a- .. ,Tuly 15, 1982 ll 2 Heisler Annexation Continued SECTION 1. The following described territory, pursuant to a duly cir- culated and filed annexation petition for direct annexation, is hereby an- nexed to and made part of the City of Oshkosh, a municipal corporation, lo- cated in Winnebago County, more specifically to the 13th 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 all of the laws governing the same, all in accordance with Section 66.021 of the Wisconsin Statutes and the amendments thereto: That part of Lot 1, Fisher Plat located in the Northeast Quarter (NE 'ti) of the Northwest Quarter (NW �y) of Section thirty-four (34) Township eighteen (18) North range sixteen (16) East, Town of Algoma, Winnebago County, Wisconsin, and that part of West 20th Avenue and of state highway 44, described as follows: Co�encing at the intersection of the north line of said Section 34 and the extended east line of Lot 2 of the Fisher Plat, thence S. O1°10'00" W. along the east line of said lot 2 to the south- east comer of said Lot 2, thence S. 65°19'07" W. 30.11 feet along the southerly line of said lot 2, thence S. 36°45'00" E. along a line parallel to the easterly line of lot 11, Fisher Plat to the centerline of presently located highway 44, thence north- easterly along the centerline of presently located highway 44 to the north line of said Section 34-18-1b, thence west along the north line of said Section 34 to the point of beginning. (Generally located at the SW corner of the intersection of 20th Street and SH "44".) SECTION 2. Sections 1-28, 1-29, 10-1 and 10-3 of tfie 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 offi- cials are hereby authorized and directed to make such changes. SECTION 3. This ordinance shall be in full force and effect from and after its passage. SECT?ON 4. TF�e proper Citp ef`icials �_-= h�rohi- a,.rh�-i±e�± z�3 gt-��r�, to comply witn the following requirements of Section 66.02I(8) of the �disconsi.n Statutes,and the City C1erk sia11 give written ^oYice to rhe ao- propria�_� 'Po�.,^t C'_ar�c o` rh.= ��.:r.e?tance ot tne ��.n[t�;�!at�:;n p��i[ioa ._.::d 'h., a:!o�t10�-1 u` C(lis or�lli:;4Ri:a, - -- SECTION 5. That said property hereinabove described is hereby temporarily zoned as follows: C-2 LIGEIT CO1�AfERCIAL SUDNIT?ED HY _ 2� _ APPROVED �� Lee Sherman Dreyfus Governar June 17, 1982 State of Wisconsin Department of Development vC. C. Marks, Clerk City of Oshkosh 1526 North Point Street Oshkosh, WI 54901 RE: HEISLER PROPERTY 123 Wesi Washington Avenue Post Office Box 7970 Madison, Wisconsin 53707 608-266-1018 Carol Reigh, Clerk Town of Algoma 1266 North Oakwood Road Oshkosh, WI 54901 Chandler L. McKelvey Secretary The proposed annexation submitted to our office on .1ay 28, 1982, has been favorably reviewed and found not to be against the public interest. ��zZ�-� '��- Donald Pokorski, Chief Land Use Section No: 5637 �� Lee Sherman Dreyfus Governor May 28, 1982 State of Wisconsin Department of Development � C. Marks, Clerk City of Oshkosh 1526 North Point Street Oshkosh, WI 54901 723 West Washington Arenue Post Office Box 7970 Madison, Wisconsin 53707 608-266-1018 Carol Reigh, Clerk Town of Algoma 1266 North Oakwood Road Oshkosh, WI 54901 RE: HEISLER PROPERTY ��j�Gy�J ��;,�, Chandler L. McKelvey Secretary Section 66.021 (11), Wis. Stats., provides that the annexation of lands to cities and villages within a county having a population of 50,000 or more shall be reviewed by the Department of Development in order to determine if the proposed annexation is against the public interest. The proposed annexation from the Town of Algoma to the City of Oshkosh (see attached description and map) must be reviewed pursuant to the Statute. To assist us in carrying out this responsibility, we would appreciate receiving from you any pertinent data or information that would indicate whether or not the annexation is against the public interest. Comment bearing on (1) the provision of governmental services, including zoning, (2) the shape of the proposed annexation, and (3) the homogeneity of the territory with the city or village, as specified in the statutory definition of public interest is particularly invited. If you have any comments, please respond by June 4, 1982. t,�f __ _-_�.�..� /�' �Qy If you have not received a notice y June 17, 1982, �rou may assume cd� have found the proposed annexation not o be again e public interest. /�k� '-'_ ' � - Donald Pokorski, Supervisor Land Use Services Section Bureau of Housing 6 Land Use Services DIVISION OF HOUSING 6 COMMUNITY SERVICES Enclosures No. 5637 � The Director of Planning Function, Department of Development T23 W. Washington Avenue Madison, Wisconsin �;��r � u i��2 Direct Annexation `j (D 3 7 Form 2A �_� �_ 3 ' �� -�date PLEASE BE ADVISED that the undersigned has caused the attached "Petition for Direct Annexation by Unanimous Approval" to be filed with the Lity Clerk of [he City of Oshkosh and the Town Clerk of the Town of /-%�i�,7/��ic� The undersigned now mails to you, in comptiance with Section 66.021(12) of the Wisconsin Sta[utes, the attached copy of said Petition containing the legal description, and an attached scale map showing the boundaries of the area sought to be annexed and its relation to the municipalities involved. Very truly yours, ,��1/l�J �� NOTE: This letter, and a copy of the Petition and map, must be attached hereto and mailed to the State Director of Planning Function within five (5) days of fiting the Annexation Petition with the respective municipal clerks. It should be sent by registered mail with return receipt requested. The return receipt should then be filed with the City Clerk of the City of Oshkosh. That part of Lot 1� Fisher Plat located in the Northeast Quarter (NE�) of the Northwest Quarter (NW'�) of Section thirty-four (34) Township eighteen (18) North range sixteen (16) East� Town of Algoma� Winnebago County� Wisconsin� and that part of West 20th Avenue and of state highway 44� described as follows: Commencing at the intersection of the north line of said Section 34 and the extended east Line of Lot 2 of the Fisher Plat, thence S. O1°10'00" W, along the east line of said lot 2 to the southeast corner of said Lot 2, thence S, 65°19'07" W, 30,11 feet along the southerly line of said lot 2� thence S. 36°45'00" E, along a line parallel to the easterly line of lot 11, Fisher Plat to the center- line of presently located hign�aay 44, thence northeasterly along the centerline of presently located highway 44 to the north line of said Section 34-18-16, thence west along the north lir.e of said Section 34 to the point of beginning. �•, IAND OCCUPANCY RGREEMENT This agreement between the State of Wisconsin, Department of Transportation, party of the first part, and Thomas Heisler, party of tTr second part constitutes a granting of the right to landscape, maintain and beautify with lawn and low growing shrubs not more than 30" high upon t}� following described parcel of land to w1t: A parce2 of Iand in the NS 1/4 - NN' 1/4 Section 34, TIBN, RZ6s bounded on the southeast by a line 50 feet northwesterly of and para11e1 with the centerline of State Trunk Highway 94, on the northwest by the southeasterly Zine of Lot I, Fisher Plat, on the southwest by a Iine 80 t'eet northeasterly of and parallel with the southwesterly line-o.�` es:f8 Eot 3, and'on the'riartheest bg a Zihe 230 ieet northeasterly of and para11e1 with the said southwesterly line of said Lot 1. Said parcel contains 0.18 acres, more or less. 1. The party of the second part agrees to keep the Zand free of any peYmsnent or free standing signs whatsoever. 2 r There sha11 be no parking of vehtcles or storing of any type of materials on the 1and. The party of the second part shaZ1 maintain the Iand in such condttton as to not interfere with the naturel drainege of the 1and. 9. The party of the first part shal2 have aIZ reesonab2e right of insp�ction, and shall have the right to enter upon the property at any time for the purpose o� inspection during the entire term of occvpancy. 5� It is agreed that the party of the,first part shall l�ve the right to.clnin damages against the party of the second pnrt, upon surrender of posae�aton by the party of the second part, in the event that said aecond party has not complied with this agreement. , �The art of the second " • - - J4 � . " � . p y part agrees that the right of posseas3on sh�i1Z not include the right to rent, Sease or permit any occvpancy to a third psrty. 7� The party of the second p3rt will be responsibSe for keeping the ainve iands free' of a1Z noxious weeds. 8.� The party of the second pert agrees to vacate the premises upon a 60-day notice from the party of the first part and sha11 have no claim ag inst the party of the first part for any loss or damage cavsed by such notice. The party of the second part agrees to pay all cZatms against himself or the property which may arise as a result of his occupancy, and agrees to save harmless the party of the first pert, from any and a11 claims which may arise from said occ�pancy. 0:�' It is further agreed by and between the parties hereto ttat the said party of tbe second part shall assume liability for all property taxes accruing agatnst the propezty, or assessed egainst the said property becavse of the occup;n'cy contempSated in this agreement, and to pay the same. 1� The party of the second part agrees to save harmless and ahaZl have no claims against any public utiZity company from any damages caused to the lawn and shrubs due to the maintennnce, inrEeII�E1on or rainate2lation of any azleting utilities such as sewers, water mains, telephone or power linea noa Ioceted within the above described area either above or below ground. Project F 03-2(44) Pescel R9 , - ;��Y � � �"� . . 5l� 3 7 I 20 TH AVE. = po�nr oF 8EO/riNIMO CITY OF OSHKOSH ' ToWB OF ALGOMA 3{ . � � iSH R o 3.40 ACRES , 6 5 4 3 2 0 1 / - _ � � � . t_ .._.. ..... .. . . . .... _.'_ r`7' \'SO" � . - . .' '" _ .. LAT �` .oT m� / . - g� a@�, f =- - a°� � - i . . �� \ � .. � `0 ...�..��` � . . . . . : . . . , g . . .. 0 � . ' - .� . . $ � �� \ . . . _ - 1 . . '� � NE I/4 OF NW 1/4 - V�� ` SEC. 34 - � I O� p��` i � � ` � � �� • - - �� i � - �p . , � � .. I o .r ' 0 0 p y,d°� . � - . "i C� o" ��., �Q . . .. . �, ao.�'� s � � . .'. 4� I . � � , oRwwn ciTroFOSHxa�H 5-26-82 pACKERS PUB 8c LA SURE � ENGINEcRING nEPARTMENT �^�F A N N E X A T I ON i = 200 Direct Annexation Form 2A The Director of Planning Function, _� '_` Department of Development date 123 W• Washington Avenue Madison, Wisconsin PLEASE BE ADVISED that the undersigned has caused the attached "Petition for Direct Annexation by Unanimous Approval" to be filed with the City Clerk of the Cit of Oshkosh and the Town Clerk of the Town of � y ( '(..i.T �1 Pi.i. � The undersigned now mails to you, in compliance with Section 66.021(12) of [he Wisconsin Statutes, the attached copy of said Petition containing the legal description, and an attached scale map showing the boundaries of the area sought to be annexed and its relation [o the municipalities involved. Very truly yaurs, NOTE: This letter, and a copy of the Petition and map, must be attached hereto and mailed to the State DirecTOr of Planning Function within five (5) days of filing the Annexation Petition with the respective municipal clerks. It should be sent by registered mail with return receipt requested. The return receipt should then be filed with the City Clerk of the City of Oshkosh. That part of Lot 1� Fisher Plat located in the Northeast Quarter (NE'�) of the Northwest Quarter (NW4) of Section thirty-four (34) Township eighteen (18) North range sixteen (16) East, Town of Algoma, Winnebago County, Wisconsin, and that part of West 20th Avenue and of state highway 44� described as follows: Co�nencing at the intersection of the north line of said Section 34 and the extended east line of Lot 2 of the Fisher Plat� thence S. O1°10'00" W, along the east line of said lot 2 to the southeast corner of said Lot 2� thence S, 65°19'07" W, 30.11 feet along the southerly line of said lot 2, thence S. 36°45'00" E, along a line parallel to the easterly line of lot 11, Fisher Plat to the center- line of presently located highway 44, thence northeasterly along the centerline of presently located highway 44 to the north line of said Section 34-18-16� thence west along the north line of said Section 34 to the point of beginning. s Admission of Service Due service of the within "Notice of Intention to Circulate an Annexation Petition for Direct Annexation" and the within scale map sha,�ing the boundaries of the territory sought to be annexed and its relation to the municipalities involved is hereby admitted this 26 day of �I' , I9 $? `� ' '� ��//X '" ' �'I,�..�/; �.:� . �. ��(/ City Clerk, Oshkos , i consin Admission of Service Due service of the within "Notice of Intention to Circulate zn Annexation Petition for Direct Annexation" and the o-�ithin scale map sho.ring ihe boundaries of the [erritory sought to be annexed and its relation to the municipalities involved is hereby admitted this day of , 19 Town Clerk, Town of Winnebago County, Wisconsin Admission of Service Due service of the within "Notice of Intention to Circulate an Annexation Petition for Direct Annexation" and the within scale map showing the boundaries of the territory sought to be annexed and its relation to the municipalities involved is hereby admitted this day of , 19 School District Clerk Oshkosh School District #1 Oshkosh, Wisconsin PACKERS PUB & LA SURE ANNEXATION That part of Lot 1, Fisher Plat located in the Northeast Quarter (NE4) of the Northwest Quarter (NW4) of Section thirty-four (34) Township eighteen (18) North range sixteen (16) East, Town of Algoma, Winnebago County, Wisconsin, and that part of West 20th Avenue and of state highway 44, described as follows: Commencing at the intersection of the north line of said Section 34 and the extended east line of Lot 2 of the Fisher P1at� thence S. 01°10'00" W, along the east line of said Lot 2 to the southeast corner of said Lot 2� thence S, 65°19'07" W, 30.11 feet along the southerly line of said lot 2� thence S, 36°45'00" E, along a Line parallel to the easterly line of 1ot 11, Fisher P1at to the center- line of presently located highway 44, thence northeasterly along the centerline of presently located highway 44 to the north line of said Section 34-18-16, thence west along the north line of said Section 34 to the point of beginning, Direct Annexation Form 3A PETITION FOR DIRECT ANNEXATION BY UNANIMOUS APPROVAL TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN: WHEREAS, the undersigned is(are) the sole owner_ of 100% of the real property in the territory proposed to be annexed; and tory, WHEREAS, the undersigned is(are) 100% of the electors residing in said terri- (or) WHEREAS, no electors reside in said territory, PETITION IS HEREBY MADE by unanimous approval pursuant to the provisions of Section 66.021(12) of the Wisconsin Statutes, for direct annexation to the City of Oshkosh, Wisconsin, from the Town of �-(�� n� x. , Winnebago County, Wisconsin, of the real estate hereinafter described. That pursuant to Section 66.021(12), petition is hereby made without compli- ance to the notice requirements of Section 66.OZ1(3) of the Wisconsin Statutes. That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be so annexed and its relation to the munici- palities involved. That the current population of the territory to be annexed as shown by the last federal census is :,�, That the territory to be annexed is contiguous to the City of Oshkosh, is located in the Town of ��_�, Winnebago County, Wisconsin, and is described as follows: That part of Lot 1� Fisher Plat located in the Northeast Quarter (NE'y) of the Northwest Quarter (NW�) of Section thirty-four (34) Township eighteen (18) North range sixteen (16) East, Town of Algoma, Winnebago County� Wisconsin� and that part of West 20th Avenue and of state highway 44� described as follows: Commencing at the intersection of the north line of said Section 34 and the extended east Line of Lot 2 of the Fisher Plat, thence S. O1°10'00" W. along the east line of said Lot 2 to the southeast corner of said Lot 2, thence S, 65°19'07" W, 30.11 feet along the southerly line of said lot 2, thence S, 36°45'00" E, along a line parallel to the easterly line of lot 11� Fisher Plat to the center- line of presently located highway 44, thence nottheasterly along the centerline of presently located highway 44 to the north line of said Section 34-18-16, thence west along the north Line of said Section 34 to the point of beginning. �� '� ' ('a � ; �;`, !1 �, :� �� " i � �, � , _ r � Name �� `Post�Office Address Date Si�ned Qualification (State either elector and/or prop. owner) . d /�/./.'y/�ul:, /.�. 1...�'� / . _ ;,_y� ,..,:1 . ✓� �,' d'� �.. . t�}`c^'u�i • L .^ � �., % fi�(.u�t ... � � C 7 r'�-y ,�., �..., ,,5�, . ,� � j - � —d' � . �; ` ►-u��r-,.F'if . �( � t /F �J n . � . . j�A�JCtiJ i ✓ ,� i •.... /l 4i �� I% .�' r .� �/.,(^ii��"�V � _ • J � \ 1 � � \ -h' ! � : `= � ;� �C� ' � ./ { "% �. . � {� 2 :' �'. :�I/ i%'�_J � DIRECT ANNEXATION FORM 4 (Revised Cct. 1960) NOTICE OF ACCEPTANCE OF ANNEXATION PETITION and NOTICE OF ADOPTION OF ANNEXATION ORDINANCE To the Town Clerk of the Town of ALGOMA Winnebago County, Wisconsin: NOTICE IS HEREBY GIVEN in accordance with Section 66.021 (5) and Section 66.03 (2) Wisconsin Statutes, that an.annexation petition for direct annexation to the City of Oshkosh, and for detachment from said Town of ALGOMA has been filed in the Office of City Clerk, Oshkosh, Wisconsin, and that the Common Council of the City of Oshkosh has accepted said petition by the adoption of an ordinance annexing the said territory which is hereinafter described, said ordinance having been adopted on the 15th day of JULY , lg 8z , That the territory so annexed is located inthe Town of ALGOMA as follows: Winnebago County, Wisconsin, and is described That part of Lot 1, Fisher Plat located in the Northeast Quarter (NE '� af the Northwest Quarter (:VW �.,J of Section thirty-four {34) Township eighteen (18) vorth range sixteen (16) East, To�,*n of Algoma, Wiaaebago Cevaty, Wiscoasin, and that part of West 20th Avenue aad of state highway 44, described as follows: Co�encing at the iatersection of the north line of said Section 34 and [he eatended east line of Lot 2 of the Fisher Plat, thence S. O1°10'00" W. along the east liae af said lot 2 to the south- east corner of said Lot 2, thence S. 65°19'07" W. 30.11 feet along the souther2y line oE said lot 2, thence S. 36°45'00" E. along a line parallel to the easterly line of lot 11, Fisher Plat to [he centerliae of present2y located highway 44, thence north- easterly along the centerline o£ preseatly located highway 44 to the north liae of said SecCion 34-18-16, thence west along the north line of said Section 34 co the point of beginning. (Generally located at the SW corner of the intersection of 20th Street and SH "44".) Dated at Oshkosh, Wisconsin, this 19thday cr JULY lg 8z , , CITY OF OSHKOSH BY '0 �7 City C1e — Direct :+nneYation Form 5 Petit4on for Temnorartr Zonina Classification To the Common Coun�il of the City of Osnlcosh: !•'hereas the �ndersigned are electors and/or property owners in the area being sought to be anne;ced to the City of Oshl:osh, said area being more particularly described in a certain petition for direct annexation to the City of Oshkosh, commonly re£erred to as the and annexation, ��hereas it is acknot-�ledged by the undersigned that the su�mitting of this petition does not in any matter attempt to malce said petitlon for direct annexation conditional upon this petition or the action taken by the said Common Council pursuant to this petition. Now, ThereEore, the undersigned petition the Common Council of �he City of Oshkosh that the ordinance annexing said territory include a provision temporarily designating �he classification for zoning pur- poses, pursuant to Section 66.021 (7) of the ?�'isconsin Statutes, until the zoning ordinance is amended as prescribed in section 62.23 (7) (d) oE the E.'isconsin Statutes, as follows: That part of Lot 1� Fisher PLat Located in the Northeast Qnarter (NE�) of the Northwest Quarter (NW4) of Section thirty-four (34) Township eighteen (18) North range sixteen (lb) East, Town of Algoma, Winnebago County� Wisconsin, and that part of West 20th Avenue and of state highway 44� described as follows: Commencing at the intersection of the north line of said Sectfon 34 and the extended east line of Lot 2 of the Fisher Plat, thence S. OL°10'00" W, along the east Line of said lot 2 to the southeast corner of said Lot 2� thence S, 65°19'07" W, 30.11 feet along the southerly line of said lot 2� thence S, 36°45'00" E, along a line parallel to the easterly line of lot 11� Fisher Plat to the center- line of presently located highway 44, thence northeasterly along the centerline of presently located highway 44 to the north line of said Section 34-18-16, thence west along the north line of said Section 34 to the point of heginning. ..�...� _�.... ____�_ ..____.._- ---- ----,-- ---ether Elector and/or Pror�erty otuner � L / � �1<� �_�.—. 3 � � fe-.�-c . � �� /ir _ � � �.�� ' -�F� � l.�i"'70 ��i�L�.Bv/ �� =3-J'L ��a��% , �' L � /�_�__�___�_�� Ga3 2D �5-3-�� _ �u�� J -- Q � � (Use other side if additional i Spa e is required) - -- ^ /l03 Tf%2�—� J`�-3'�'2. �� o�rm-�� r'� - �-G 1 :�� N Sa �k N U " a o � .� N N � S�-' N i� Q' ¢i S," pi a � ,� ,� � � � ¢ a� O N -.i •� l� S-I Ri O F+ ? R$ E F-i N U] N � U �6 !Y, v �a ro ro � � w � o �� o •.� 'O A U +� f-i � N O O W � � N �, N -` rn � � N v rl � U � � � � � h U ,r � ;. ,