Loading...
HomeMy WebLinkAbout12. 16-230MAY 10, 2016 16-230 RESOLUTION (CARRIED___7-0___LOST_______LAID OVER________WITHDRAWN________) PURPOSE: APPROVE RELEASING PUBLIC UTILITY EASEMENTS AT 1000 CUMBERLAND TRAIL 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 releases existing utility easements at 1000 Cumberland Trail, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. MEMORANDUM OYHKOf H 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 Releasing Public Utility Easements at 1000 Cumberland Trail (Plan Commission Recommends Approval) BACKGROUND The subject site is an approximately 5.168 acre parcel located at 1000 Cumberland Trail owned by the City of Oshkosh Housing Authority. The property is zoned R -3 Multiple Dwelling District and is used for a multiple dwelling development constructed in 1972. The development contains nine eight -unit apartment buildings totaling 72 units with varying number of bedrooms per unit. In addition to the apartment buildings, the site contains four off - street parking areas, office /storage building, playground area and several inter - connected walkways. The surrounding area has single - family uses to the west, commercial (A &W) and multi - family uses to the north, the newly constructed City regional detention basin to the east and multi - family to the south. ANALYSIS The City is requesting the release of four public utility easements as a cleanup effort brought to the City's attention during review of a certified survey map for the subject site. The subject easements were placed at the time the area was platted as the First Addition to Westhaven in 1968 which was originally platted as 11 single - family parcels and dedicated court which were combined to allow for the apartment development. With the development of the apartment complex, the four 10 -foot easements which were centered on the common lot lines are no longer necessary for the placement of city utilities. The Department of Public Works has reviewed this request and supports the release of the easements and the proper documentation will be prepared and recorded at the Winnebago County Register of Deeds. FISCAL IMPACT As there are neither utilities in place nor any future service required there is no fiscal impact from releasing the easements and the lands may be used for private purposes. RECOMMENDATION The Plan Commission recommended approval of the release of easements at its May 3, 2016 meeting. Respectfully Submitted, O� Darryn Burich Director of Planning Services Approved, Mark Rohloff City Manager MAP I W11 IM M IN VMM RMIN—VIRM, "N Q� N ©� ♦�♦� 7 RUP �i ✓�� SUBJECT - ♦♦♦♦'�� SITE MA IN ►j ♦I1w, gw ♦ ♦�� �'j "� --if� ffi vi°'x"'1"��"'i.Y;�•'r+ei�..z'fi 4 C . 1 1 The City of " s Oshkosh and maintains GIS maps and data for its own use. They ma • 1 .I• .1 relative location of property, boundaries an• other feature from • These map(sydatasets are provided for information purposes only and may not be sufficient .D.- 1. appropriate . legal, engineering, . 1 purposes. They - provided I . warranties of any kind and the City of Oshkosh assumes no liability for use or misuse, Prepared by: City of Oshkosh, FIRLIRAH-MUI MM 1 i1 • .1 l -- •111 -1 •111.1'11.1 cecl. ucuu�a111 ITEM: RELEASE OF PUBLIC UTILITY EASEMENTS AT 1000 CUMBERLAND TRAIL (CUMBERLAND COURT APARTMENTS) Plan Commission meeting of May 3, 2016 GENERAL INFORMATION Petitioner: City of Oshkosh Owner: Oshkosh Housing Authority Action Requested: The City of Oshkosh requests the release of four public utility easements as a cleanup effort brought to the City's attention during review and approval of a Certified Survey Map request for Cumberland Court Apartments, 1000 Cumberland Trail. Applicable Ordinance Provisions: N/A Property Location and Type: The subject site is an approximately 5.168 acre parcel located at 1000 Cumberland Trail owned by the City of Oshkosh Housing Authority. The property is zoned R -3 Multiple Dwelling District and is used for a multiple dwelling development constructed in 1972. The development contains nine eight -unit apartment buildings totaling 72 units with varying number of bedrooms per unit. In addition to the apartment buildings, the site contains four off - street parking areas, office /storage building, playground area and several inter - connected walkways. The surrounding area has single - family uses to the west, commercial (A &W) and multi - family uses to the north, the newly constructed City regional detention basin to the east and multi - family to the south. Analysis: The subject easements were placed at the time platting of the First Addition to Westhaven in 1968. The subject site was originally platted as 11 single - family parcels and dedicated court (vacated Cumberland Court) which were subsequently combined to allow for the apartment development. The four 10 -foot easements are centered on the common lot lines of platted Lots 168 & 169, 166 & 167, 164 & 165 and 160 & 161. With the development of the apartment complex, the easements were not needed by the City to place city utilities. Structures have been constructed over three of the easements, further supporting their lack of need. During examination of the covenants which described the easements, the Housing Authority's consultant identified five additional private utilities having easement rights including Charter Communications, AT &T, Time Warner, ANR Pipeline and Wisconsin Public Service. The consultant is working with these service providers to have the easements released. The Department of Public Works reviewed this request and supports the release of the easements. The City will work with the Housing Authority's consultant to prepare proper documentation for the easement releases which will be recorded at the Winnebago County Register of Deeds. RECOMMENDATION /CONDITIONS Staff recommends approval of the release of the four public utility easements as requested. The Plan Commission approved the release of the four public utility easements as requested. The following is the Plan Commission's discussion on this item. Mr. Nau 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 and reviewed the certified survey map depicting the easements that are currently on the property which are no longer necessary. There was no discussion on this item. Motion by Vajgrt to approve the release ofpublic utility easements at 1000 Cumberland Trail. Seconded by Borsuk. Motion carried 9 -0. Item Release Easements 1000 Cumberland Tr Exhibit A Vacated Easement Areas EX TT M" A part of Lots 160, 161, 164, 165. 166, 167, 168, and lK in First Addition to Westhaven, in the Thirteenth Ward, All being located in the Northwest Quarter of the Northeast Quarter and the Northeast Quaver of the Northeast Quarter, Section Twenty-Eight (28), Township Eighteen (18) North, Range Sixteen (16) Fast, City of Oshkosh, Winnebago County, Wisconsin, LOT 3 ............ ..... ..... . ... - - - - - -- . ....._.___1__ . Xs!,II - — - — - — - — - — - — - - - — f LOT 149 F WiNe ! 10' WIDE UTILITY EASEMENT L ---PER FIRST ADDITION TVFIRST ADDMON .TO WESTHAVEN .. WiSTHAVEN PLAT CS. 1181. LOT 170 LOT 16 10' WIDE UTILITY LOT 17 EASEMENT PER DOC, No. 368555 LOT 168 L14-1 q 0, VACATED CUMBERLAND cbURT PER DOCUMENT NO. 424293 lgq7 u 10' WIDE UTILITY CASEMENT PER FIRST ADDITION TO !0' WIDE UTILITY WCSTHAVEN PLAT EA EMEN PER BUC. Ng. 368555 40 LCE.W 2/WAYJ ARDMORE In' WIDE UTILITY E DA E _NT PER S I� EINHINO ac, NO 360565 au�0 Lt TRAIL i:2i 1§4 163 -LEGEND- LOT EASEMENT AREA TO BE VACATED 10- WIDE UTIL17Y EASEMENT PER..,..,.,,.,,__. FIRST AD ' 111*11 711 I-11IA'V!`EN PLAT ti AY FIRST ADDMON _�_JtREENFtELD _WESTH EN TP1iIL ttrrtfe 15l R/WAY7 10' VIDE UTILITY (CASEMENT PER nor NC. 358555 ounns GlUpmc SCMZ LOT 160 I 5' WIDE UTILITY EASEMENT PER I inch 100 fL FIRST ADDITION TO VESTHAVE� PLAT 50 IGO 200 F___1 LOT _289 MERIDIAN WAW RK' J. A r 1 -14.16 SURVEYO FOR: AM HOUSING AUTHORITY OF -HE SuRvEymer, LLC 'W afficlvw BY. CA•K. FAW aMe M-1Z Pl� 70 C630TOY 69iKGSN, Mt 5+905 Offl- 92D-993-08 8 — Fox. 92G-Z73-50317 "Ira: 8486 �a7 I OF I Foley eRecords14840-1346-4622.v1 9. vNuisances. No noxious or. �pffensive .activity shall _be carried on upon -said property, nor shall anything be done thereon which may be.'or..may become an annoyance or' nuisance to the neighborhood. 10. signs. No signs-of any kind. shall .be displayed '.to the public view, except signs used by a builder to advertise the pro - perty during construction and sales.pedod. or the developers for the sale' of lots in the plat and except one .professional sign, of not mare .than 1 square, foot: and ,except ' one sign of not more than 8 square feet- advertising the property. for rent or'sale ll. Easements. Thateasements for the. installation and maintenance of utilities' are reserved-as shown on the plat and on 5 feet lying on each 'side of the common boundary line between the fol- lowing lots: '. ' Lo�s Lot s 166 - 161 280 - 281 164 - 163 282 .;. 283 166 = 167 284 - 283 168 - 169. 286 - 287 278 -- 279 299 —.300 That easements for the -installation- and maintenance of utili- ties ate further reserved as fellows: Over the East 10 feet•of lots 277 throu.gh.283,'inclusive. Over the North 10 feet -of lots 296 and 283. Over the South 10• feet of lot 295. 'That easements for drainage facilities are reserved. over the rear 5 ft. of each lot.. Within these easements -no structure, planting or other material shall be.placed or permitted to remain which may damage,.or interfere with the installation,and maintenance of utilities or which :may, change the direction of flow of drainage channels in the easements, or'which may.obstruct or'retard the flow of water through drainage-channels in.the­easements:: The easements area of each'. lot and all . improvements in it. shall be main- tained continuously by the owner of the lot, except for improvements for- which .a public authority or utility company is responsible. l#. Golf Course.That the owners do herebyy impose.and charge the following described property with the following covenants agreement and restriction: Outlot :.9j .: First Addition :'t (j . Westhaven, ..13th Ward,` City-of Oshkosh,-- .Winnebago County, . Wis- consin. VOL All PAGE 469' 3 ,aaoo ;:. If Elul 4 a , 1380 370 N 1 in = 0.03 mi k tin =150ft 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 L.11 HKCJ.f H These maps) /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 WATM warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. Prepared by: City of Oshkosh, WI JAG&PlanninoSan Commission Site Plan Man Temolate\Plan Commission Site Plan Man Temniate.mxd Apr HaMrar IF 4 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, J:1GIS\Planning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd 1 in= 0.19mi 1 in = 1,000 ft Printing Date: 3/31/2016 Prepared by: City of Oshkosh, WI J OJ'HKOf H ON THE WATER User: deborat 5 r (� JII" T �r. " .rf v, r r ti r �-,,,11 M 4 �F a fly /V A 9 .4 ►..i. -� J rte, j' Rse�- l ML, pe 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. J: \GIS \Planninq \Plan Commission Site Plan Map Template \Plan Commission Site Plan Map Template.mxd i tr i 7 I', t 4 N tin =125 ft Printing Date: 3/31/2016 0.fHK01H Prepared by: City of Oshkosh, WI ON THE WATER pe 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. J: \GIS \Planninq \Plan Commission Site Plan Map Template \Plan Commission Site Plan Map Template.mxd i tr i 7 I', t 4 N tin =125 ft Printing Date: 3/31/2016 0.fHK01H Prepared by: City of Oshkosh, WI ON THE WATER