HomeMy WebLinkAbout07-108
APRIL 10,2007
07 -108
RESOLUTION
(CARRIED 4-2
LOST
LAID OVER
WITHDRAWN
PURPOSE:
APPROVE AGREEMENT FOR RIGHT-OF-WAY
ACQUISITION/WASHBURN STREET RELOCATION PROJECT
INITIATED BY:
DEPARTMENT OF PUBLIC WORKS
WHEREAS, by Resolution 06-56 adopted February 14, 2006, the Common Council
approved a revised relocation order and approved a Determination of Necessity pursuant
to Sec. 32.07 of the Wisconsin Statutes, to acquire certain land for right-of-way purposes
on North Washburn Street, between Robin Avenue extended and Westowne Avenue; and,
WHEREAS, by Resolution 06-269 adopted September 13, 2006, the Common
Council approved a jurisdiction offer of $481,950, to acquire property known as Parcel 9
from RAR Investments; and,
WHEREAS, on October 16, 2006, the City of Oshkosh acquired title to the property
by filing with the Winnebago County Circuit Court an Awards of Damages; and,
WHEREAS, by subsequent landowner appeal, the circuit court ordered the parties
to mediation over the disagreement as to the appropriate amount of compensation for this
acquisition and the parties reached the following tentative agreement, subject to final
Council approval:
. The City will pay an additional $140,000 to settle this litigation which includes
the landowner's claim for additional just compensation, statutory interest and
actual and reasonable litigation expenses; and
. The landowner waives all claims against the City arising from this acquisition
and litigation.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the tentative agreement is approved and that proper City officials are
authorized and directed to sign all documents and to undertake those steps necessary for
implementing this resolution.
Money for this purpose is appropriated from:
Accl. No. 315-0410-7208-00000 Street Improvement Fund Expenditures