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Home My WebLink About13. 16-231MAY 10, 2016 16-231 RESOLUTION (CARRIED___7-0___LOST________LAID OVER_______WITHDRAWN_______) PURPOSE: GRANT UTILITY EASEMENT AND RELEASE STORM SEWER EASEMENT; 400 BLOCK MARION ROAD INITIATED BY: CITY OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby accepts utility easements from the Redevelopment Authority on the south side of Marion Road, 400 Block, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the City hereby releases an existing utility easements at the 400 Block of Marion Road between Lots 2 and 3, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. 0 MEMORANDUM OYHKOfH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: May 5, 2016 RE: Approve Granting Utility Easements and Release Storm Sewer Easement; 400 Block Marion Road (Plan Commission Recommends Approval) BACKGROUND The subject properties consist of vacant and multi - family residential City -owned lots located on the south side of Marion Road, west of Jackson Street. The surrounding area includes commercial uses to the north and east and industrial and multi - family residential uses to the north and west. FA hil VA WRW The City is requesting the granting of two utility easements to allow for adequate service to future developments and the release of a storm sewer easement at the properties located at the 400 block of Marion Road. As the south side of Marion Road continues to develop, private companies continue to request utility easements to serve the new residential and mixed use developments. The Redevelopment Authority is proposing a 10 foot wide utility easement on Lot 1 and a 12 foot wide utility easement on Lot 3 for this purpose. The storm sewer easement was granted to the City in 1963 however the existing buildings have since been demolished and the storm sewer was disconnected and capped and no longer serves any purpose and should be released. The Department of Public Works has reviewed these items and does not have any concerns with these requests and is drafting the appropriate easement documents which will be recorded at the Winnebago County Register of Deeds. FISCAL IMPACT No fiscal impact as the granting of the easements will allow the city to easily service the utilities should there be a problem and the release of the easement area will now allow that previously used public easement area to be used for private uses. RECOMMENDATION The Plan Commission recommended approval of the granting of utility easements and the release of a storm sewer easement at its May 3, 2016 meeting. Respectfully Submitted, Darryn Burich Director of Planning Services Approved, oe Mark Rohloff City Manager I WE 431 3 .. t C F t RELEASE EASEMENT. m` Z O x N 1in= 0.02mi 1in =130ft The City of Oshkosh creates and maintains GIS maps and data for its own use. The may show the P Y Y approximate relative location of property, boundaries and other feature from a variety of sources. Punting Date: 4/27/2016 O.IHKOJ r H These map(s) /datasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS' without Prepared by: City of Oshkosh, WI ON THE WATER warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. IGIS1PIanning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd User. deborahf C', ITEM: GRANT UTILITY EASEMENTS AND RELEASE STORM SEWER EASEMENT FOR PROPERTY LOCATED AT 400 BLOCK MARION ROAD Plan Commission meeting of May 3, 2016 GENERAL INFORMATION Petitioner /Owner: City of Oshkosh Action Requested: The City of Oshkosh requests the granting of two utility easements to allow for adequate service to future developments and release of a storm sewer easement at the properties located at the 400 block of Marion Road. Applicable Ordinance Provisions: N/A Property Location and Type: The subject properties consist of vacant and multi - family residential City -owned lots located on the south side of Marion Road, west of Jackson Street. The surrounding area includes commercial uses to the north and east and industrial and multi - family residential uses to the north and west. Analysis: As the south side of Marion Road continues to develop, private companies continue to request utility easements to serve the new residential and mixed use developments. The Redevelopment Authority is proposing a 10 foot wide utility easement on Lot 1 and a 12 foot wide utility easement on Lot 3. These easements are necessary to allow private utilities to provide adequate service to the future developments on these lots. The Department of Public Works has reviewed this item and does not have any concerns with the granting of these easements. The subject storm sewer easement was granted to the City in 1963 from the then Cook & Brown Company. After the property was acquired by the City, the existing buildings were demolished and the storm sewer was disconnected and capped. The storm sewer no longer serves any purpose and therefore, the easement should be released. Public Works has reviewed this item and does not have any concerns with the release of this storm sewer easement. The Department of Public Works and City Attorney is drafting appropriate easement documents which will be signed and recorded at the Winnebago County Register of Deeds. RECOMMENDATION /CONDITIONS Staff recommends approval of the granting of the proposed utility easements and release of the storm sewer easement as requested. The Plan Commission approved the granting of the proposed utility easements and release of the storm sewer 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 explained the reason for the request to grant the two utility easements and discussed the release of the storm sewer easement which was granted to the City in 1963 and has since been disconnected and capped and no longer necessary. He reviewed the site plan depicting the easements on the subject property. Mr. Borsuk questioned if the pipe had been capped but that the storm sewer piping was still in place. Steve Gohde, Assistant Director of Public Works, responded that the pipe had been abandoned. Mr. Borsuk then questioned who was responsible for the removal of the piping and if the easement should still be depicted on the property description. Mr. Gohde responded that the old records do show that the easement existed in that location and there was documentation to support its presence however some of it may have already been removed. Mr. Thoms inquired if the storm sewer was owned by the City. Mr. Gohde responded affirmatively. Mr. Thoms then inquired why it would be the responsibility for a developer to remove it. Mr. Gohde replied that the City only removes the piping if necessary and that there was no need to excavate to dig it up as it would be a great expense to remove a pipe that can just be filled. Mr. Thoms stated that he did not want to create an issue for a future developer of the site and questioned if this piping was located along the lot line between Lot 2 and 3 and within the setback area. Mr. Bunch responded that the easement area was located along the side lot line of the parcels and would be in the setback area for any building placement to be constructed on the property. It would not be an issue for placement of other development features. Mr. Thoms inquired if the easement is left in place would it still be a City issue. Mr. Gohde explained that the pipe has been abandoned and no action was required on the City's part other than to release the easement. He discussed any potential issues from this action. Mr. Thoms then inquired if there was no need for the easement if future development expands in this area. Mr. Gohde explained why there was no need for the City to possess an outfall in this location as the storm sewer needs for this area have been addressed by other methods. Item — Grant Easement /Release Easement 400 blk Marion Rd Motion by Vajgrt to grant utility easements and release a storm sewer easement at the 400 block of Marion Road. Seconded by Cummings. Motion carried 9 -0. Item — Grant Easement /Release Easement 400 blk Marion Rd 0 OIHKO.IH ON THE WATER APPLICANT INFORMATION Petitioner: City of Oshkosh General Application * *PLEASE TYPE OR PRINT USING BLACK INK ** C, SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236 -5059 Date: city: (S Zip: Petitioner's Address: oZ 01 Lt Y L% B C Ar a SL p Telephone #: (%�)) o- (r `5 DS S Fax: ( Other Contact # or Email: Status of Petitioner (Please Check): *wner []Representative ❑Tenant ❑ Prospective Buyer Petitioner's Signature (required): OWNER INFORMATION Owner(s): Owner(s) Address: Telephone #: ( ) Fax: City: Other Contact # or Email: Ownership Status (Please Check): ❑Individual ❑Trust ❑Partnership ❑Corporation Date: Date: State: Zip: Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: TYPE OF RE VEST: Access Control Variance asement Privilege in Street (identi Other (identify) (�-ef SITE INFORMATION ii (� Address/Location of Proposed Project: 5c)t SI C4 e / n "I`Gt_Ir�i n , (2j , Proposed Project Type: Current Use of Property: [ES iz-1- (/Gt_CGt Zoning: Land Uses Surrounding Your Site: North: South: East: West: ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDA]BLE Date: For more information please visit the City's website at www.ci.oshkosh.wi.us/ Community _Development /Planning.htm Staff Date Rec'd 2 Release of Utility (Storm Sewer) Easement: This storm sewer easement was granted to the City in 1963 from the then Cook & Brown Company. When the property was acquired by the City and the existing buildings demolished, the storm sewer was disconnected and capped. The storm sewer does not serve any purpose and the easement should be released. Public Works has reviewed this item and approves of releasing the utility easement. Grant Utility Easement: As the south side of Marion Road continues to develop, private companies (i.e. Wisconsin public service, telephone, cable television, etc) continue to request utility easements to serve the new residential and mixed use developments. Some of the existing developments are currently being served by extending existing utilities on the north side of Marion Road, which is taxing those service lines on the north side. The Redevelopment Authority proposes to grant a 10 ft. wide utility easement on Lot 1 and a 12 ft. wide utility easement on Lot 3 to afford the private utilities the opportunity to provide adequate service to the future developments on these lots. Public Works has reviewed this item and approves of granting the utility easements as requested. 91 7(.hc v, 0i wr4) qg.Kvz 3.vL�.1g5. 5,qzL(.LC5 wpt z W-0-H rol 13-7 as NOS)f-Ovir in tog Ltt.+e 'fin CL "PI r. 'b r. < 'im r U13 cy, Ff LJ "F AI F-I E- La zi b VI E-, fL P4 MC) C3 V, w �IRV -1 IfY I tm =01 0_5 1 Z3. Ct.f 1111111M 7'. -2 Rog:�c rO -. A U_ O Q I') zw iII 77 m (A a. lic� cl J ( J I 1 � l�J1 �1 aJ �\� f �J N tin = 0.02 mi ft 1in =130ft The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date: 4/27/2016 QJ HKOfH These map(s) /datasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS without ON THE WATER warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. Prepared by: City Of Oshkosh, WI JAGISPIanningRan Commission Site Plan Map TemplatelPlan Commission Site Plan Map Template. mxd User: deborahf 5 2 t00 r, 1,! If 1')1 21� ) `I J-1, D The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map(s) /datasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS' without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. Commission Site Plan Man Temolate0an Commission Site Plan Map Temolate.mxd 1 in= 0.19mi A 1 in = 11000 ft Printing Date: 3/3112016 Prepared by: City of Oshkosh, WI O.fHKO.f H ON THE WATER R 1� IN4 00or RELEASE IS, EASEMENT AW 400 BLK MARION RD N 1 in = 0.02 mi A 1 in = 130 ft The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date: 3/31/2016 These map(s)/datasets are provided for information purposes only and may not be sufficient or 0_fHK0_fH appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS" without Prepared by: City of Oshkosh, W1 ON THE WATER warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. J:\GIS\Planninq\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd User deborahf