HomeMy WebLinkAbout16-09REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, WISCONSIN
MAY 18, 2016 16-09 RESOLUTION
(CARRIED_______LOST________LAID OVER_______WITHDRAWN_______)
PURPOSE:GRANT UTILITY EASEMENT AND RELEASE STORM SEWEREASEMENT; 400 BLOCK MARION ROAD
INITIATED BY:CITY OF OSHKOSH
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Redevelopment Authority of the City of Oshkosh that the
Authority hereby grants utility easements to the City of Oshkosh on the south side of
Marion Road, 400 Block, per the attached, and the proper Authority officials areauthorized and directed to execute any and all documents necessary for purposes of
same.
BE IT FURTHER RESOLVED by the Redevelopment Authority of the City of
Oshkosh that the Authority hereby releases an existing utility easements at the 400 Blockof Marion Road between Lots 2 and 3, per the attached, and the proper Authority officials
are authorized and directed to execute any and all documents necessary for purposes of
same.
TO:City of Oshkosh Redevelopment Authority
FROM:Allen Davis, Community Development Director
DATE:May 12, 2016
SUBJECT: Grant Utility Easement & Release Utility Easement; 400 Block Marion Road
16-09 Grant Utility Easement &Release Utility Easement; 400 Block of Marion Road
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.
ANALYSIS
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 propertieslocated 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 theexisting 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
There is no fiscal impact since 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 willnow 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.Staff recommendsRDA approves as well.
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.
Item –Grant Easement/Release Easement 400 blk Marion Rd
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. Burich 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.
J:\GIS\Planning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd User: deborahf
Prepared by: City of Oshkosh, WI
Printing Date: 3/31/2016
1 in = 130 ft1 in = 0.02 mi¯400 BLK MARION RD400 BLK MARION RD
The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show theapproximate 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 orappropriate for legal, engineering, or surveying purposes. They are provided “AS-IS” withoutwarranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
GRANT EASEMENTS
RELEASEEASEMENT