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Home My WebLink About18. 17-604 DECEMBER 12, 2017 17-604 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: ACCEPT AND RELEASE EASEMENTS AT THE EASTERN TERMINUS OF EAST 14TH AVENUE INITIATED BY: CITY OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved BE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 on the south side of East 141h Avenue, 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 easement rights in a portion of the previously vacated portion of E. 141h Avenue, 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 and Release Easements at the Eastern Terminus of East 141h Avenue (Plan Commission recommends approval) BACKGROUND The property where the storm sewer easement acceptance is being requested is located on an undeveloped portion of the Pioneer Marina property adjacent to Lake Winnebago. The release of easement rights is located in the majority of vacated E. 14th Avenue (vacated in 1965) except for a small triangular section of the west side of the vacation. Typically when a street is vacated, the owner of the vacating entity maintains easement rights over the vacation. These requests are part of storm sewer improvements currently underway along E. 14th Avenue. ANALYSIS The purpose of the request is to consolidate two existing storm sewer outfalls on E. 141h Avenue and E. South Park Avenue into one larger outfall. The current E. 141hAvenue outfall discharges into Lake Winnebago near the southernmost portion of Pioneer Drive and there is no easement in place for the existing outfall. Acceptance of the new easement will allow for the release of easement rights along vacated E. 14th Avenue. The existing easement to be released does not have any infrastructure and there are no plans to construct any utilities within the vacated area. The release of this easement will allow the owner of the property to be able to fully utilize the vacated area for development. The property owner is agreeable to granting the easement and documents have been drafted and can be executed pending Common Council approval. FISCAL IMPACT Releasing the easement will allow for the potential of additional development in the area that could potentially add additional property tax value to the overall tax rolls. 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 and release of the easements at its November 21, 2017 meeting. Respectfully Submitted, 1�4w 1-14� 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 AND RELEASE EASEMENTS AT THE EASTERN TERMINUS OF E. 14THAVENUE Plan Commission meeting of November 21, 2017 GENERAL INFORMATION Applicant: City of Oshkosh Owners: City of Oshkosh, Decades Monthly Income and Appreciation Fund Actions Requested: The City of Oshkosh is requesting the acceptance of a storm sewer easement on the south side of E. 141h Avenue and the release of easement rights in a portion of vacated E. 14th Avenue. Applicable Ordinance Provisions: NIA Property Location and Background Information: The property where the storm sewer easement acceptance is being requested is located on an undeveloped portion of the Pioneer Marina property adjacent to Lake Winnebago. The release of easement rights is located in the majority of vacated E. 141h Avenue (vacated in 1965) except for a small triangular section of the west side of the vacation. Typically when a street is vacated, the owner of the vacating entity maintains easement rights over the vacation. These requests are part of storm sewer improvements currently underway along E. 14th Avenue. ANALYSIS Storm Sewer Easement Acceptance The purpose of this request is to consolidate two existing storm sewer outfalls on E. 1411, Avenue and E. South Park Avenue into one larger outfall. The current E. 141" Avenue outfall discharges into Lake Winnebago near the southernmost portion of Pioneer Drive. Currently there is no easement in place for the existing outfall. The Department of Public Works has been in contact with the property owner and they are agreeable to the granting of the easement. This easement will also allow for the release of easement rights along vacated E. 1411, Avenue. The easement is hammerhead -shaped extending to the southeast from E. 14th Avenue into Lake Winnebago, Easement documents have been drafted by the City Attorney's Office and await signatures pending Common Council approval. Release of Easement Rights The City is requesting the release of easement rights within most of vacated E. 14th Avenue. Currently, the City does not have any infrastructure nor are there plans to construct any utilities within the vacated area. A small triangular portion is being excluded from this request that is adjacent to the easement acceptance. Once the easement rights are released, the owner of the property will be able to fully utilize the vacated area for development. RECOMMENDATION/CONDITIONS Staff recommends approval of the acceptance of the proposed storm sewer easement and partial release of easement rights over vacated E. 141h Avenue as requested. The Plan Commission approved of the acceptance and release of the easements as requested. The following is the flan Commission's discussion on this item. Mr. Nau presented the item and reviewed the site and surrounding area as well as the area for the easement to be accepted and released. He explained that the easement requests were part of a storm sewer project and the reason was to consolidate two existing outfalls into one larger outfall. He reviewed a map depicting specifics of the easement areas and stated that the property owner was agreeable to the request. Mr. Thoms questioned if the Wisconsin Department of Natural Resources had approved the larger outfall proposed. Steve Gohde, Assistant Director of Public Works, responded affirmatively and stated that the necessary permits for it had already been obtained. Motion by Vajgrt to approve the acceptance and release of easements, at the eastern terminus of E. 1411' Avenue. Seconded by Kiefer. Motion carried 6-0. Item—Aceept/Release Easements— terminus of E le Av Accept Storm Sewer Easement on East 14th Avenue A study of the basins served by the 14`h Ave and South Park Ave outfall determined these two basins could be combined into one outfall. Currently, the 14th Avenue storm sewer outfall is not located within a recorded easement. The Department of Public Works and Community Development worked with the adjacent land owner to grant an easement over the proposed area to facilitate the construction of a new largeroutfall, in a similar location to the existing outfall. This easement will allow for the release of easement rights in area of previously vacated 14th Avenue. Release Easement Rights in Portion of Previously Vacated East 14th Avenue Right of Way The City of Oshkosh is proposing to release easement rights In a portion of the previously vacated portion of East 14th Avenue . The portion to release easement rights is located east of a line extended due south from the intersection of the eastern edge of the Pioneer Dr Right of Way easement and the northern Right of Way line of 14th Avenue. In the portion of the vacated Right of Way west of this Iine, the City maintains all of its rights. Currently the City does not have any public utilities located in the vacated area and with the granting and acceptance of the above easement, do not have any longterm plans to install any public utilities. The portion of the vacated right of way the City will maintain easements on will allow for easier construction and maintenance of utilities In the area. Releasing the easement rights in this area of the vacated right of way allow the private land owner the opportunity to develop that portion of their land if they so choose. i t uc) r � - E-souk",H-PaRJ Au My of Oshkosh maps and data are intewled to be used for general identification purposes only, and City the City of Oshkosh assumes no 6aW4 for the accuracy of the Infomiatlon. Those using the of kifuwi oa are responsVe for verifying aceuracy. For full disdakner please go to Priming Date: 11113/2017 S� OSI vnsvr,d.oshkasb.vri.usfGlSdisclafiner Prepared by: City of Oshkosh, W1 JA(31 i°Iannt gAan Comm'sssmn Sre Plan WV TemplateMan D mmss+on S+'Se Plan MayTem�ale.mxd User. hareb City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclaimer N 1 in=0.03 mi 1in=150 ft Printing Date: 11/13/2017 Prepared by: City of Oshkosh, WI Oshkosh