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Home My WebLink About20. 19-174 MARCH 26, 2019 19-174 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: GRANT PUBLIC UTILITY EASEMENT AT 17 WASHINGTON AVENUE - 300 EAST PARKING LOT INITIATED BY: AT&T PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant AT&T a public utility easement, per the attached, and the proper City officials are hereby 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: March 21, 2019 RE: Grant Public Utility Easement at 17 Washington Avenue - 300 East Parking Lot (Plan Commission Recommends Approval) BACKGROUND The subject site is a public 30 -stall parking lot owned by the City of Oshkosh. The lot is located at the southwest corner of Washington Avenue and State Street, adjacent to the Exclusive Company to the west. AT&T is proposing to extend their service to the Chase Bank Building at 300 N. Main Street through the back parking lot. Due to congestion of existing infrastructure in State Street and N. Main Street, the applicant is proposing to utilize city property. ANALYSIS The applicant initially proposed to extend an existing conduit running from Washington Avenue south approximately SO feet. There is no easement in place for this utility. Staff opposed this option as placing an easement through the middle of the parking lot could interfere with reconstruction of the parking lot at a later date. A second proposal had an easement along the west property line of the parking lot property adjacent to the Exclusive Company building. Again, staff had concerns regarding this as it could interfere with reconstruction and potentially block the rear entrance of the Exclusive Company if AT&T were installing or performing maintenance on its facilities. The City recommended a ten -foot wide easement along the periphery of the parking lot adjacent to Washington Avenue and State Street. Overall, the easement will run approximately 225 feet from the west to the south line of the parking lot. In addition to AT&T, the easement will be available to other utility providers, similar to public utility easements placed on plats and Certified Survey Maps. The City Attorney's Office will be preparing easement documents which will then be recorded at the Winnebago County Register of Deeds once signed and approved by the Common Council. City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us FISCAL IMPACT Granting the easement as proposed should have no fiscal impact and any work done in the easement will be responsible to be restored by the easement user. RECOMMENDATION The Plan Commission recommended approval of the granting of the proposed easement at its March 19, 2019 meeting. Respectfully Submitted, J Darryn Burich Director of Planning Services Approved: J John Fitzpatrick Assistant 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: GRANT PUBLIC UTILITY EASEMENT AT 17 WASHINGTON AVENUE (300 EAST PARKING LOT) Plan Commission meeting of March 19, 2019 GENERAL INFORMATION: Applicant Fox Valley Land Surveying/AT&T Owner: City of Oshkosh Actions Requested: The applicant is requesting the granting of a public utility easement for AT&T at the city -owned 300 Block East Parking Lot. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject site is a public 30 -stall parking lot owned by the City of Oshkosh. The lot is located at the southwest corner of Washington Avenue and State Street, adjacent to the Exclusive Company to the west. AT&T is proposing to extend their service to the Chase Bank Building at 300 N. Main Street through the back parking lot. Due to congestion of existing infrastructure in State Street and N. Main Street, the applicant is proposing to utilize city property. ANALYSIS The applicant initially proposed to extend an existing conduit running from Washington Avenue south approximately 80 feet. There is no easement in place for this utility. Staff opposed this option as placing an easement through the middle of the parking lot could interfere with reconstruction of the parking lot at a later date. A second proposal had an easement along the west property line of the parking lot property adjacent to the Exclusive Company building. Again, staff had concerns regarding this as it could interfere with reconstruction and potentially block the rear entrance of the Exclusive Company if AT&T were installing or performing maintenance on its facilities. The City recommended a ten -foot wide easement along the periphery of the parking lot adjacent to Washington Avenue and State Street. Overall, the easement will run approximately 225 feet from the west to the south line of the parking lot. In addition to AT&T, the easement will be available to other utility providers, similar to public Utility easements placed on plats and Certified Survey Maps. The City Attorney's Office will be preparing easement documents which will then be recorded at the Winnebago County Register of Deeds once signed and approved by the Common Council. RECOMMENDATION/CONDITIONS Staff recommends approval of the granting of the public utility easement at 17 Washington Avenue as requested. The Plan Commission approved of the granting of the public utility easement as requested. The following is the Plan Commission's discussion on this item. Site Inspections Reports: No commissioners reported visiting the site. Staff report accepted as part of the record. The applicant is requesting the granting of a public utility easement for AT&T at the city -owned 300 Block East Parking Lot. Mr. Nau presented the item and reviewed the site and surrounding area as well as the reason for the easement. The applicant initially proposed to extend an existing conduit running from Washington Avenue south approximately 80 feet. There is no easement in place for this utility. Staff opposed this option as placing an easement through the middle of the parking lot could interfere with reconstruction of the parking lot at a later date. A second proposal had an easement along the west property line of the parking lot property adjacent to the Exclusive Company building. Again, staff had concerns regarding this as it could interfere with reconstruction and potentially block the rear entrance of the Exclusive Company if AT&T were installing or performing maintenance on its facilities. The City recommended a ten -foot wide easement along the periphery of the parking lot adjacent to Washington Avenue and State Street. In addition to AT&T, the easement will be available to other utility providers, similar to public utility easements placed on plats and Certified Survey Maps. Mr. Fojtik opened technical questions to staff. There were no technical questions on this item. Mr. Fojtik asked if there were any public comments and asked if the applicant wanted to make any statements. There were no statements from the applicant There were no public comments on this item. Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant Motion by Vajgrt to adopt the findings and recommendation as stated in the staff report. Seconded by Hinz. Mr. Fojtik asked if there was any discussion about the motion. There was no discussion on the motion. Motion carried 9-0. Item — Grant Public Easement at 17 Washington Avenue SUBMITTO: cityCCity of Oshkosh Dept. of Community Development 215 Church Ave., P.O. Box 1130 °t ppOshkosh, 54901 General Application Oshkosh PHONE: (922 0) 236-5059 "PLEASE TYPE OR PRINT USING BLACK INK" APPLICANT INFORMATION Petitioner: Andy Shie Date: 1/15/2019 Petitioner's Address: 2909 W. Tillman St. City: Oshkosh State: WI zip: 54914 Telephone #: (920) 410-3379 Fax: ( ) Other Contact # or Email: andy@foxvalleylandsurveying.com Status of Petitioner (Please Check): ❑ Owner RI Representative ❑ Tenant ❑ Prospective Buyer Petitioner's Signature (required): Date: OWNER INFORMATION Owner(s): City of Oshkosh Date: 1/15/2019 Owner(s) Address: 17 Washington Ave. City: Telephone #: ( Fax: ( Oshkosh State: WI rip: 54914 Other Contact # or Email: Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership ❑ Corporation Property 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 property 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. c Property Owner's Signature: Date: a, 5 v) �q TYPE OF REQUEST: ❑ Access Control Variance JZ3 Easement ❑ Privilege in Street (identify) ❑ Other (identify) SITE INFORMATION Address/Location of Proposed Project: Proposed Project Type: Easement for AT&T Utilities Current Use of Property: Parking Lot Zoning: Commercial Land Uses Surroundina Your Site: North: Commercial South: Commercial East: Commercial West: Commercial ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE For more information please visit the City's website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm C/??8 Staff _ Date Rec' EXHIBIT "A" FOR AT&T EASEMENT LEGAL DESCRIPTION OF AT&T NON—EXCLUSIVE EASEMENT: PART OF LOTS D, E, F, G, H, AND I OF "HENRY PRIESS ADDITION TO BLOCK 27" IN L.M. MILLERS ADDITION, IN SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, IN THE SECOND WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT D; THENCE NORTH 89 DEGREES 38 MINUTES 35 SECONDS EAST 120.00 FEET, ALONG THE SOUTH RIGHT–OF–WAY LINE OF WASHINGTON AVENUE, AND THE NORTH LINE OF SAID LOTS D, E & F; THENCE SOUTH ' 24 DEGREES 39 MINUTES 43 SECONDS EAST 113.09 FEET, ALONG THE WEST RIGHT–OF–WAY LINE OF STATE STREET; THENCE NORTH 89 DEGREES 56 MINUTES 37 SECONDS WEST 11.01 FEET, ALONG THE SOUTH LINE OF LANDS DESCRIBED IN DOCUMENT 882742; THENCE NORTH 24 DEGREES 39 MINUTES 43 SECONDS WEST 102.03 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 35 SECONDS WEST 113.59 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 51 SECONDS WEST 10.00 FEET, ALONG THE WEST LINE OF SAID LOT D, TO THE POINT OF BEGINNING. 3 �^ WASHINGTON AVENUE O (67.5' WIDTH) NW cOR O LOT D -I 2 I-, N89'38'35 "E 120.00' f 10' WIDE ' AT&T EASEMENT I I 89'3835"W 113.59' 0 U F v a I a W t7 W KOSN z o I / OF Osv I �� NPA o I cI1w x �- w � �A, E- OwNEP w I F "w � a o !� to o I ~' cjj LA S \aC I LOT I r\ LOT LINE — — 11.01' OWNER_BBLD LLC N89'56'37"W UT# A016S4Q EASE# 81892 RW# 2019-1 N 0��o SCON'G FOX VALLEY o® LAND SUIRIVEYING ANDREW J. 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