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Home My WebLink About05. 16-277JUNE 14, 2016 16-277 RESOLUTION (CARRIED 6-0 LOST_______LAID OVER________WITHDRAWN________) PURPOSE: APPROVE RELEASING PUBLIC UTILITY EASEMENT 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 easement 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. O MEMORANDUM O.IHK0fH ON THE WlTER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: June 9, 2016 RE: Approve Releasing 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 a public utility easement which was 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 10 -foot easement which was centrally located on the common lot lines is no longer necessary for the placement of city or private utilities. The Department of Public Works has reviewed this request and supports the release of the easement and the proper documentation will be prepared and recorded at the Winnebago County Register of Deeds. FISCAL IMPACT Release of the easements has no fiscal impact on city services as there is no need to place utilities in the proposed easement release area. RECOMMENDATION The Plan Commission recommended approval of the release of easement at its June 7, 2016 meeting. Respectfully Submitted, Darryn Burich Director of Planning Services Approved, Mark Rohloff City Manager Q111, WATER warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. o1 1, IjV at VV Ill II i Ulf o= Flan mep In piaia%rian uummissiun one rian map iempiaie.mxa User. kabeb 3 O pi p O CO - p ■ ■ 108.28' -- 329.3T CPI O O �� - �`' 610 � �O O CSC ° O 77� ' , , 61 ' X000 7Q 7 �� X -_ - 77 _ - = _ -_ �O 6, YO / o o oo, in =0.01 mi tin =50ft •- _., Fla, -; - _ _... .,V _p. 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; 5/27/2016 ' 'O, f HKO -fH appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS" without Prepared by City of Oshkosh, W1 o1 1, IjV at VV Ill II i Ulf o= Flan mep In piaia%rian uummissiun one rian map iempiaie.mxa User. kabeb 3 ITEM: RELEASE OF PUBLIC UTILITY EASEMENT AT 1000 CUMBERLAND TRAIL (CUMBERLAND COURT APARTMENTS) Plan Commission meeting of June 7, 2016 GENERAL INFORMATION Petitioner: City of Oshkosh Owner: Oshkosh Housing Authority Action Requested: The City of Oshkosh requests the release of a public utility easement 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 a 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 easement was placed at the time of 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 10 -foot easement is centrally located on the lot and runs 80 feet, from an existing building to the northwest side of the parking lot. With the development of the apartment complex, the easement is not needed by the City to place city utilities. A structure has been constructed over the easement, further supporting the lack of need. During examination of the covenants which described the easement, 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 easement. The City will work with the Housing Authority's consultant to prepare proper documentation for the easement release which will be recorded at the Winnebago County Register of Deeds. RECOMMENDATION/CONDITIONS Staff recommends approval of the release of the public utility easement as requested. The Plan Commission approved the release of a public easement as requested. The following is the Plan Commission's discussion on this item. Item Release of Public Easement 1000 Cumberland Trail I on M-101 .- Vacated Easement Area EXHIBIT TM" A parr of Lots 1'0& T71, in the FiNr Addition to Westhsvcn, in Aherhirrecrath Ward, ocing located in the Nortftwc-,sl Quarter of the Northeast Quarter, Section Twenty-Fight (28), Township Eighteen (18) :forth. Range Sateen t1 S} East. City of0shko0. Winnebagocourry. WNCQIISin. WA r0qNEP NCF. TH LNE OF THE NE1.14, NE CORNER 8 El, T1 ON 28.. I L-9th SECTION 28 6ECTION 28 T 16N P ulE L2 TIEN 'E Z69 '1, 2 a-av A L5 "'S HAVEN t ^l AT 9 Qh� = COUNTY MONUMENT FOUND '443-45'44'E PIPE FOUND (TYPE NOTED) RECORDED INFORMATION W ME 1 . H-41'1131 CASEMENT < PCR '!R ST AT)DFIO' TO POINT OF > < Ad +, PLAT e°oy COMMENCEMENT LO T Na C 'TER iD 72- OE THE I FIRST A001-il-ON FIRST ADDIT To WESTH T,' AV� RE tiaa €j 0;—ii- I L-9th Ll UTTI i 7� ASMK�11T 79.86 L2 PER FIRST ADDYTIC-l' 70 10.18' L5 "'S HAVEN t ^l AT 9 Qh� = COUNTY MONUMENT FOUND '443-45'44'E PIPE FOUND (TYPE NOTED) RECORDED INFORMATION sa, < FIRST ADDIT RE tiaa €j 0;—ii- I L-9th Ll S35102151"E 79.86 L2 -LEGEND- 10.18' L5 EASEMENT AREA TO BE VACATED 9 Qh� = COUNTY MONUMENT FOUND '443-45'44'E PIPE FOUND (TYPE NOTED) RECORDED INFORMATION Vor-atc,xi EasernentDoswription Apart ofLot.0tic Hundred Seventy 170) and One Hundred Seventy -uric (1,71) in the First Addition to Wesahaveirin the Thirteeath 14'ard, City ofQ.ftosh.Whincbago County.Wisconsin, located in the Northwest Quarter (NW V4) of the Northeast Quarter iI�E i /4) of Section Twenty Eight f?$y Township:Eighteen t1S) Nottll; RangeBixieett (16) East, Chly of Oshkosh, Wi ... bago County, Wisconsin. containing 798 ycIuare feel of land and being more particularly dcscrit d as follows, Commencing at the North Quarter Comer of said Scciioo 23: thence N1391,30'48"E 107 27 , feet along the North line of the NF 1/4 of said Section 28, theaccSOW-29% 12'F 330.2', feet to the Northwest comer of Lot 172ofsaid First Addition ' to NVesthavarrz thence 189'-05' -28"r 108.27 feet (Recorded as S90'-00'-00"E 109.28 feet) along the north line of said Lot 172: thence N89'-30'-43"E 10.95 feet; thence S0()*-58'-2l'7E 5.66 feet: flituice S35= -()T-3 1"E 61.04 feet to the point of begfinrdng, thence continue S35'-OT-31 "F 79M feet: flteaceS44%01'"39"W (0:18 feet, thence N35'-02'-3 I'V 79.83 feet, thence N43`- 45' -44 "F. 10:19 feet to The point ofbequining. / LOT i70 -1ACATFD CUMBERLAND C-D-1 ' T UNE TABLE tiaa €j 0;—ii- I L-9th Ll S35102151"E 79.86 L2 S-4-4'01'3VW 10.18' L5 -.2 , " _" N35'02'51'W 79,iiX 1_4 '443-45'44'E 10,19' ,I X ' GRAPHIC SCALE I Web = 50 ft. 25 so 100 E M j A AM -14- 16 1 a FOR: SURVE i MG. LW ldOW C, A, K �7m mm U-J2, PO 70 I car OS MO;21, tNN ace WEWTT AVEN" KOSK M 500`3 N8774 I . Office; 920- 393 -'ran _14ha4 VA 54952 F_ 920-2731037 Viet- I - I Foley eRecords\4813-31 90-891 0.v1 Eq 307.22' .. .. .. ........ ..... .. — I'M O ZP7 `2\00' • OW11 N 1 in = 0.01 mi 1 in= 50ft 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: 5/2712016 These map(s)ldatasets are provided for information purposes only and may not be sufficient or O-fHKO-fH appropriate for legal, engineering, or surveying purposes. They are provided "AS-19' 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. J:\GlS\Planninn\PIan Commission Site Plan Map TernplateTlin Commission Site Plan Map Template.mxd User: katieb 3 �5 T '' ` . R ' A N R tin= 0.01mi 1 in =50ft 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: 5/27/2016 Of HKOf 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. J: \GIS \Planning \Plan Commission Site Plan Map Template \Plan Commission Site Plan Map Template.mxd User: katieb