City of Oak Creek

Common Council Report

 

Meeting Date: December 5, 2006

 

Item No.:        

 

Recommendation:  That the Common Council adopt Resolution No. 10708-120506 authorizing the vacation of an existing temporary drainage easement across 1120 E. Oakwood Road, and Resolution No. 10709-120506 accepting a new permanent drainage easement and conservation easement across this same property (Tax Key No. 922-9023-001) (5th Aldermanic District).

 

Background:  There is a main drainage channel that runs along the southwest boundary of 1120 E. Oakwood Road.  The City currently owns the property, but it is about to change ownership, thus the need to secure the proper easement at this time.  The existing drainage easement is temporary and does not fully encompass the drainage channel and therefore should be vacated.

 

The proposed 60’-wide permanent drainage easement would encompass the drainage channel with adequate width to accommodate City personnel and equipment for all future access and maintenance needs of the drainage channel.  The conservation easement would require that the entire property be kept as undeveloped open space in perpetuity.

 

Fiscal Impact:  None.

 

 Prepared by:

 

 

 

Michael C. Simmons, P.E.

Construction Engineer

Respectfully submitted,

 

 

 

Patrick DeGrave

City Administrator

 

Approved by:

 

 

 

Wayne St. John, P.E.

City Engineer

 

 

Fiscal review by:

 

 

 

Beverly A. Buretta, CMC

City Clerk

 

 

 

 

RESOLUTION NO. 10708-120506

 

BY:  ________________________________

 

RESOLUTION AUTHORIZING THE VACATION OF

A TEMPORARY DRAINAGE EASEMENT

ACROSS 1120 E. OAKWOOD ROAD

(TAX KEY NO. 922-9023-001)

 

(5TH ALDERMANIC DISTRICT)

           

 

WHEREAS, a temporary drainage easement was granted to the City of Oak Creek, recorded with the Milwaukee County Register of Deeds on November 11, 1974 as Document No. 4881417, on Reel 820 as Images 1182 to 1184, inclusive, and

 

WHEREAS, after the forthcoming change of property ownership, said temporary drainage easement will no longer be adequate for City purposes for future access and maintenance of the drainage channel, and

 

WHEREAS, the City is pursuing a permanent drainage easement that will accommodate City personnel and equipment for all future access and maintenance needs of the drainage channel.

 

NOW, THEREFORE BE IT RESOLVED by the Mayor and the Common Council of the City of Oak Creek that said temporary drainage easement is hereby vacated, and

           

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause a certified copy of this resolution to be recorded in the office of the Register of Deeds in and for Milwaukee County, Wisconsin.

 

            Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 5th day of December, 2006.

 

 

                                                                                    _____________________________

                                                                                    President, Common Council

 

            Approved this 5th day of December, 2006.

 

 

                                                                                    _____________________________

                                                                                    Mayor

 

ATTEST:

 

 

_________________________________                  VOTE: Ayes:  ______ Noes: ______

City Clerk

 

 

 

 

RESOLUTION NO. 10709-120506

 

BY:  ________________________________

 

RESOLUTION ACCEPTING A PERMANENT DRAINAGE

EASEMENT AND A CONSERVATION EASEMENT

ACROSS 1120 E. OAKWOOD ROAD

(TAX KEY NO. 922-9023-001)

 

(5TH ALDERMANIC DISTRICT)

 

           

WHEREAS, ownership of 1120 E. Oakwood Road (Tax Key No. 922-9023-001) will soon be changing from the City to a private party, and

 

WHEREAS, after said forthcoming change of property ownership a permanent drainage easement will be required to allow access for City personnel and equipment for all future drainage channel maintenance, and

 

WHEREAS, a conservation easement across the entire property will be required to keep the property as undeveloped open space in perpetuity.

 

NOW, THEREFORE BE IT RESOLVED by the Mayor and the Common Council of the City of Oak Creek that said permanent drainage easement and conservation easement are hereby accepted by the City of Oak Creek, and

           

BE IT FURTHER RESOLVED that the Mayor and the City Clerk are hereby authorized and directed to execute the attached permanent drainage easement and conservation easement on behalf of the Common Council of the City of Oak Creek and upon execution by both the City of Oak Creek and the Owner, the City Attorney is hereby authorized and directed to record said easements in the Office of the Register of Deeds in and for Milwaukee County, Wisconsin.

 

            Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 5th day of December, 2006.

 

                                                                                    _____________________________

                                                                                    President, Common Council

 

            Approved this 5th day of December, 2006.

 

 

                                                                                    _____________________________

                                                                                    Mayor

 

ATTEST:

 

 

_________________________________                  VOTE: Ayes:  ______ Noes: ______

City Clerk