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TO: Honorable Mayor and Members of the Common Council FROM: Kelly Nieforth, Director of Community Development DATE: December 10, 2024 SUBJECT: Res 24-658 Grant Access Easement at 17 Church Avenue (400 Block West Parking Lot) Located Over Part of the Northerly Portion of Vacated Ivy Place West of Division Street to 420 Division Street (Stapel Properties LLC) (Plan Commission Recommends Approval)

BACKGROUND

The subject area is the part of the north ½ of Vacated Ivy Place located east of Division Street and part of the City’s 400 Block West Parking Lot. The proposed easement is adjacent to and will benefit 420 Division Street. In late 2023, the parking lot was resurfaced and the City identified a number of outstanding property-related issues that should be rectified. The 400 Block West Parking Lot was constructed to its current configuration in 1996 after vacation of a railroad corridor that ran north-south through the property. The parking lot provides public parking for businesses and visitors to the downtown. The surrounding area is part of Oshkosh’s Central City containing numerous services, retail, food, institutional and residential establishments.

ANALYSIS

Prior to the vacation of Ivy Place, the public right-of-way was part of and provided access to the parking lot as well as the business located at 420 Division Street. With the vacation, per state statute, the land equally reverts and attaches to the adjacent properties. The easement will allow continued legal ingress/egress through the City-owned parking to the north side of the building at 420 Division Street which has two overhead doors and building access. The property also contains parking stalls for employees and customers which are accessed through the City’s property. A similar easement will be granted from Staple Properties LLC at 420 Division Street to provide vehicular access through their property to and from the public parking lot.

RECOMMENDATION

The Plan Commission recommended approval of the requested easement on December 3, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments RES 24-658 Grant Access Easement - 17 Church Ave - To Stapel Properties LLC

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