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Home My WebLink About15. 17-601 DECEMBER 12, 2017 17-601 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: ACCEPT STORM SEWER EASEMENT AT 1601 BOWEN STREET INITIATED BY: CITY OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common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 a storm sewer easement at 1601 Bowen Street, per the attached, and the proper City officials are authorized and directed to execute any and all documents necessary for purposes of same. TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: December 7, 2017 RE: Accept Storm Sewer Easement at 1601 Bowen Street (Plan Commission recommends approval) BACKGROUND The proposed easement is located on the south side of E. Murdock Avenue west of the western driveway leading to Piggly Wiggly and east of the Canadian National Railroad right-of-way. The land is part of an unimproved 48 -foot wide strip of land leading south to Noffke Lumber's outdoor storage area. This request is part of the E. Murdock Avenue street reconstruction project currently underway. ANALYSIS The City is requesting acceptance of a 48 -foot by 50 -foot storm sewer easement to allow construction and maintenance of the realignment of the city's north -south storm sewer. The reconstruction of E. Murdock Avenue includes the construction of new public utilities including water main, sanitary sewer and storm sewer however the railroad required the redesign of how city utilities were located underneath the railroad tracks. The redesign did not leave enough room within the public right-of-way and the realigned storm sewer had to be partially placed on property owned by Noffke Lumber. Noffke Lumber has agreed to grant the proposed easement to the City and appropriate easement documents have been signed and will be recorded at the Winnebago County Register of Deeds pending Common Council approval. FISCAL IMPACT The easement was granted at no cost from the property owner for an already budgeted project that was able to proceed without additional delays and significant cost increases. City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us RECOMMENDATION The Plan Commission recommended approval of the acceptance of the easement at its December 5, 2017 meeting. z tfully Submitted, zfvl� Darryn Burich Director of Planning Services Approved: Mark A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ITEM: ACCEPT STORM SEWER EASEMENT AT 1601 BOWEN STREET (NOFFKE LUMBER) Plan Commission meeting of December 5, 2017 GENERAL INFORMATION Applicant: City of Oshkosh Owners: Noffke Land Corporation Actions Requested: The City of Oshkosh is requesting the acceptance of a storm sewer easement on the south side of E. Murdock Avenue. Applicable Ordinance Provisions: N/A Property Location and Background Information: The proposed easement is located on the south side of E. Murdock Avenue west of the western driveway leading to Piggly Wiggly and east of the Canadian National Railroad right-of-way. The land is part of an unimproved 48 -foot wide strip of land leading south to Noffke Lumber's outdoor storage area. This request is part of the E. Murdock Avenue street reconstruction project currently underway. ANALYSIS The City is requesting acceptance of a 48 -foot by 50 -foot, 2,400 square foot storm sewer easement to allow construction and maintenance of the realignment of the City's north -south storm sewer. The reconstruction of E. Murdock Avenue includes the construction of new public utilities including water main, sanitary sewer and storm sewer. The railroad required the redesign of how city utilities were located underneath the railroad tracks. The redesign did not leave enough room within the public right-of-way. In order to have the realigned storm sewer to function properly, the sewer had to be partially placed on land owned by Noffke Lumber. The City has been in contact with representative from Noffke Lumber and has agreed to grant the City the proposed easement. The City Attorney has already prepared appropriate easement documents which have been signed by the owners. The easement will then be recorded at the Winnebago County Register of Deeds pending Common Council approval. RECOMMENDATION/CONDITIONS Staff recommends approval of the acceptance of the proposed storm sewer easement at 1601 Bowen Street as requested. The Plan Commission approved of the easement acceptance as requested. The following is the Plan Commissions discussion on this item. Mr. Nau presented the item and reviewed the site and area of the proposed easement request. He explained the reason for the request which was due to the reconstruction of E. Murdock Avenue and reviewed the site plan depicting the proposed realigned storm sewer and easement area. He further stated that the property owner was agreeable to granting the City the proposed easement. Motion by Vajgrt to approve acceptance of a storm sewer easement for property located at 1601 Bowen Street. Seconded by Hinz. Motion carried 7-0. Item—Accept/Release Easements — terminus of E le Av SUBMIT Ta: City of Oshkosh Dep), of community Development C 1 215 Church Ave., P. Oshkosh, Wi 54901 O. Box 1130 W OOshkosh General Application PHONE: (920)2365059 "PLEASE TYPE OR PRINT USING BLACK iNK" APPLICANT INFORMATION Petitioner. L4 Vi r-' &-V i s Date: Petitioner's Address: 2 i �` G l� vv C, LA City: QS (<� 5 �' Sioie: W ( Tip: Telephone Tf:IrrW) 236 6'0 GSFox: (qZa)7,36-$068 Other Contact or Email: �at'v., Ei.Ot(<kut •wi.vs Status of Petitioner (Please Check): JQZr rA�sentoflve U Tenant U Prospective Buyer Petitioner's Signature (required): Date: /0 �6 1 1 7 OWNER INFORMATION b Owner(s): GttMr- car o d.5 'A Dote: /U 3) f7 Owner(s) Address: X l tl^ u v c-� k v City: 094 (" s� State: W (.Zip: s `f Pe 0 3 Telephone #: (`/ 0) '.36 - 5V 65rFax: ( Other Contact # or Email: Ownership Status (Please Check): 0 Individual 0 Trust 0 Partnership 0 Corporation ?cr 0,1 tGilO,ii Properly 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 properly 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 REQUEST: 13 Access Control Variance t atosemeni 0 Privilege in Street (identify) t:] Other (Identify) OlLillin �• Address/Locallon of Proposed Project: 1601 Dow r-0 6+ Date: o.s � (< 0.5 � , till { Proposed Project Type: �'a r' ►� w a� +-4 R msµ+ Q e. >~ us w+ �'f Current Use of Property: Zoning: Land Uses Surrounding Your Site: North: TPAs South: East: L /V C�l1 YL N1 WC La+vi C: �{M lM 6VG1LfhI West: Z°AkV-t- S,�%Aya Application fees are due at time of submittal. Make check payable to City of Oshkosh. D Please refer to the fee schedule for appropriate fee, FEE IS NON-REFUNDABLE For more Information please visit the City's website at www.cl.oshkosh.wt.us/Community_Development/Planning.htm Staff Date Recd 119 Noffke Stormwater Drainage Easement City Contract 17-05 Description: The City has requested and received a 48 foot by 50 foot stormwater drainage easement from the Noffkes for the purpose of constructing and maintaining the realignment of the City's north -south storm sewer. The easement is adjacent to the right-of-way for E Murdock Avenue, The easement is being taken from an unimproved section of the long (600+- feet) narrow (48 feet) extension of parcel 91504830200, which is the principal parcel occupied by the Noffke Lumber Company. Purpose: The reconstruction of E Murdock Avenue, as part of City Contract 17-04, includes the reconstruction of new city utilities (water sanitary sewer and storm sewer), There is also a storm sewer running north and south parallel to the railroad track that cross E Murdock Avenue. CN railroad has required the City to change the design of the City utilities passing under the railroad tracks. With the redesign there is insufficient room for the north -south storm sewer to remain in its existing alignment, in order for the north -south storm sewer to function, its alignment has to be shifted 40 to 50 feet east, away from the railroad tracks, onto property owned by Marian Noffke and Noffke Lumber. Easement Figure /3 f � ' a� M mil E. M U R DOCK AVE 86' 21 4$, �o EASEMENT AREA f � 48,00' f 1 r r r 525 49,80' CITY OF OSHKOSH ENOIN10OWNG DIVISION STORK[ SEWER / DRAINAGE EASEMENT FILE DRAWN: NOFFXE LUMBER CORP N.I�.WnMrt;y.apkti{yJ 94Y.2917 GRAPHIC 9101 20 1525 BOWE N ST. 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