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Home My WebLink About09-360ORIGINAL RESOLUTION PRESENTED TO COUNCIL -SEE 09 -360A / 09 -3608 / 09 -360C FOR ACTIONS SEPTEMBER 8, 2009 09-360 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AUTHORIZE ACQUISITION OF PROPERTIES FROM OSHKOSH AREA SCHOOL DISTRICT; AUTHORIZE AGREEMENT WITH OSHKOSH AREA SCHOOL DISTRICT FOR SCHOOL DISTRICT'S USE OF PROPERTIES: A) PORTION OF 325 SOUTH EAGLE STREET FOR CONSTRUCTION OF STORMWATER MANAGEMENT BASIN B) PORTION OF 1100 WEST SMITH AVENUE FOR CONSTRUCTION OF STORMWATER MANAGEMENT BASIN C) MAINTENANCE FACILITY BUILDING PROPERTY AT 137 SOUTH CAMPBELL ROAD INITIATED BY: CITY ADMINISTRATION & OSHKOSH AREA SCHOOL DISTRICT PLAN COMMISSION RECOMMENDATION: All approved WHEREAS, the City of Oshkosh desires to construct stormwater detention basins on the north and west sides of the city to reduce flooding in those areas; and WHEREAS, the Oshkosh Area School District has lands available for sale for said purposes, and is interested in the sale of the District's maintenance facility building on Campbell Road; and WHEREAS, School Administrators and the City Administration have come to a mutually agreeable understanding on the City's acquisition of three parcels, per the attached "Attachment A ". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to purchase the following properties: A) 11 ± acres at 325 South Eagle Street, Tipler Middle School, at a purchase price of Three Hundred Fifty -Nine Thousand Four Hundred Fifty and NO /100 ($359,450.00), per the attached terms. Money for this purpose is hereby appropriated from Account No. 561 - 2010 - 1702 -00000 Storm Water Utility Land SEPTEMBER 8, 2009 09 -360 RESOLUTION CONT'D B) 1± acre at 1100 West Smith Avenue, North High School, at a purchase price of $28,850 per acre based on a certified survey map to be completed, per the attached terms. Money for this purpose is hereby appropriated from Account No. 561 - 2010- 1702 -00000 Storm Water Utility Land C) 137 South Campbell Road, Maintenance Facility Building, at a purchase price of Four Hundred Thirty -Five Thousand Nine Hundred Fifty and NO /100 ($435,950.00), per the attached terms. Money for this purpose is hereby appropriated from Account No. 323 - 0450 - 7208 -06013 Central Garage Land BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to execute any and all documents necessary to consummate these transactions. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement(s) with the terms and conditions setforth in the attached "Attachment A ", and to carry out all actions necessary to implement the City's obligations under the agreement(s). Attachment A — 8/20/09 Understanding between City of Oshkosh (City) and Oshkosh Area School District (OASD) regarding sale of 137 South Campbell Road, vacant land at Tipler Middle School, and vacant land at North High School Tipler Middle School ➢ City will purchase 11.7656 acres as determined by a certified survey map. ➢ City will develop a dry storm water detention basin (DSDB) on this property. ➢ City agrees to allow the OASD to utilize the DSDB as athletic fields through easement or other means. ➢ The City will complete the following items as part of the DSDB construction: • City will install a drain tile system to facilitate drainage of the athletic field located in the bottom of the DSDB • City will reconstruct the running track with grass surface • City will build an ADA accessible walkway from Tipler School to the bottom of the DSDB • City will construct a storm sewer lateral at Bismarck Avenue for the adjoining playground • City will provide drainage facilities on the north side of the Administrative Building to facilitate overflows from the DSDB ➢ City will install a temporary fence during construction of the DSDB to isolate the school from the construction project. The new athletic fields will not be available for use until spring of 2011 at which time this fence will be removed by the City. ➢ OASD will be responsible for maintenance of lawn on this property, including the ADA walkway with railing, except as noted below. ➢ City will be responsible to maintain all storm water facilities in the DSDB and City will also be responsible for any erosion in the DSDB. North High School ➢ City will purchase approximately 1.35 acres as determined by a certified survey map. Purchase price will be $28,850 per acre. ➢ City will develop a wet storm water detention basin (WSDB) on this property. ➢ City agrees to allow the OASD to utilize the WSDB for educational opportunities. ➢ City will be responsible for all maintenance required on this property. 137 South Campbell Road ➢ City will purchase this whole property from DASD. ➢ OASD will be allowed to occupy the property at 137 South Campbell Road until July 1, 2011. ➢ OASD will not pay rent for their use of the property at 137 South Campbell Road. ➢ OASD will be responsible for all utility charges related to their occupancy. ➢ OASD will be responsible for building or property maintenance expenses related to their occupancy. Determination of Values ➢ The following values are agreed for these properties: 137 South Campbell Road = $435,950 Tipler Middle School vacant land = 359,450 North High School vacant land = 39.000 Total = $834,400 *confirm acreage with survey ➢ City agrees to pay $734,400 at the closing. ➢ City agrees to place remaining proceeds (approximately $100,000) in an escrow account at the closing. ➢ City will use escrow funds to remediate environmental issues at the 137 S. Campbell Road property. ➢ Upon completion of the environmental remediation, escrow agent will pay any amounts remaining in the escrow account to DASD. ➢ City will be responsible for the environmental remediation expenses that exceed the escrow amount. ➢ If the Common Council and School Board agree to this understanding, OASD agrees to grant access to the Tipler vacant land to facilitate DSDB construction this fall while the land sale paperwork is being completed. E ° yp, pq f1t1 9 A . F$1 ih?t w.Yy 1 I I I I a I IWFff I I I I rUM i �-Y= i i - DISCLAPIER Proposed Land Division by School District; This map is neither a egally recorded map nor Acquisition b a survey and it is not intended to be used as one. q y City; This drawing is a compilation of records, data Conditional Use Permit by City and information located in various city, county City of Oshkosh Wisconsin and state offices and other sources affecting 325 SOU th Eagle St reet N Community Development the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. 1" —_ 300' 8 /6 /09 If discrepencies are found, please contact the City of Oshkosh. Created by - D M mop Om a� yp, pq f1t1 9 A . F$1 ih?t w.Yy 1 I I I I a I IWFff I I I I rUM i �-Y= i i - DISCLAPIER Proposed Land Division by School District; This map is neither a egally recorded map nor Acquisition b a survey and it is not intended to be used as one. q y City; This drawing is a compilation of records, data Conditional Use Permit by City and information located in various city, county City of Oshkosh Wisconsin and state offices and other sources affecting 325 SOU th Eagle St reet N Community Development the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. 1" —_ 300' 8 /6 /09 If discrepencies are found, please contact the City of Oshkosh. Created by - D �� Oil yp, pq f1t1 9 A . F$1 ih?t w.Yy 1 I I I I a I IWFff I I I I rUM i �-Y= i i - DISCLAPIER Proposed Land Division by School District; This map is neither a egally recorded map nor Acquisition b a survey and it is not intended to be used as one. q y City; This drawing is a compilation of records, data Conditional Use Permit by City and information located in various city, county City of Oshkosh Wisconsin and state offices and other sources affecting 325 SOU th Eagle St reet N Community Development the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. 1" —_ 300' 8 /6 /09 If discrepencies are found, please contact the City of Oshkosh. Created by - D MR, 1M 151 mm, N M iml i � f 1 i �. ® U? .. � . O a662Er936 �,"`". 2 3 . i f i --------------------------- -- -- -- ------ -- -- - -' -- -- I- --- - --- ----- - BIB I z a i � f 1 i ® U? .. � . O a662Er936 �,"`". 2 . i f i --------------------------- -- -- -- ------ -- -- - -' -- -- I- --- - --- ----- - BIB I CAME z a gal W s s '+ I _ .. z �^ I e ^ �' i �Qrr S I Al B15 865 YJS ] _.- .- ._.�._ AB i6] 6 B B I =7 DISCLAIMER LAND ACQUISITION This map is neither a legally recorded map nor a survey and It is not intended to be used as one. PORTION O N Of K K H O This drawing is a compilation of records, data and information located in various city, county \' 1100 W SMI AV ON THE waTM and state offices and other sources affecting the area shown and it is to be used for reference CItY Of Oshkosh purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. Department of Community D evelopment If discrepancies are found, please contact the . City of Oshkosh. Scale. 1 rr — 300 08/18109 Created by - dff W0 ----------- I V ry 11 - - --------------- ---------------_- ---------- 32 >nn ------------ DISCLAIMER This map Is neither a legally recorded map nor LAND ACQUISITION a survey and It Is not Intended to be used as one. N This drawing is a compilation of records, data 0.-ff H H and Information located In various city, county 137 S CAMPBELL RD A ON THE WATM and state offices and other sources affecting the area shown and it is to be used for reference City of Oshkosh purposes only. The City of Oshkosh Is not re- Department of sponsible for any Inaccuracies herein contained. If discrepencies are found, please contact the Community Development Cityof0shkosh. Scale: 1" 150' 08/19109 Created by - dff