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HomeMy WebLinkAbout10-167MAY 25, 2010 10 -167 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AND EXECUTE RELOCATION ORDER / ACQUIRE A PORTION OF THE PROPERTY AT THE SOUTHEAST CORNER OF MARICOPA DRIVE & WESTHAVEN CIRCLE FOR STORMWATER DRAINAGE DETENTION BASIN INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council has previously determined the necessity to acquire certain properties at the Southeast corner of Maricopa Drive and Westhaven Circle for stormwater detention in the Campbell Creek Drainage Basin. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Relocation Order is hereby approved in accordance with sections 62.22 and 32.05 of the Wisconsin Statutes, for the purpose of acquiring certain properties at the Southeast corner of Maricopa Drive and Westhaven Circle for the construction of a stormwater drainage detention basin. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to execute any and all documents necessary for implementation of this order and that a certified copy of this Resolution shall be filed with the Winnebago County Clerk within twenty (20) days of its adoption. .I HK01H ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Buric Director of Planning Services DATE: May 20, 2010 RE: Relocation Order for Acquisition of a Portion of the Property at the Southeast Corner of Westhaven Circle and Maricopa Drive (Plan Commission Recommends Approval) BACKGROUND The subject property is a 5.0 acre section of an 8.3 acre parcel currently used as a clubhouse and off - street parking for the Westhaven Golf Club. The clubhouse and parking area occupy the northern third of the property while the southern two - thirds (the area targeted for acquisition) is currently vacant /green area. With exception of the golf course, the area is predominately a mix of low and medium density residential uses. ANALYSIS In January of 2010, the Oshkosh Common Council approved the official mapping of the subject site for future use as a storm water detention basin. The final acreage and parcel configuration will be determined during negotiations with the owner. The purpose of the land acquisition is to enable the city to construct a detention basin on the subject site. The basin will service properties in the Campbell Creek Drainage Basin and provide flooding relief to the immediate upstream area (including the Newport Court and Westhaven Circle area) and downstream areas. The detention basin is included in the Preliminary 2012 Capital Improvements Program for construction. FISCAL IMPACT Five acres of what is currently taxable property ($58,200 assessed for the 8.3 acres) will become tax exempt municipal facilities due to the acquisition. RECOMMENDATION The Plan Commission approved of this request at its April 20, 2010 meeting. Approved, City Manager RELOCATION ORDER Project Number Name of Project Highway County N/A Westhaven Circle Area Stormwater Detention N/A Winnebago Basin Right of Way Plat Date Plat Sheet Numbers Date of Previously Approved Relocation Order 04/27/2010 Resolution No. 10 -134 N/A Description of Termini of Project Acquisition of a Portion of the property at the Southeast corner of Maricopa Drive and Westhaven Circle (Portion of Tax ID #913 - 1513 -0000) A parcel of land being a part of Lot 303, 2 nd Addition to Westhaven Subdivision, located in the NE Y4 of the SW % of Section 28, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, and being described as follows: Commencing at the Center of said Section 28, thence S89 °34'42 "W, along the north line of the southwest %4 of said Section 28, 242.80 feet to the northeast corner of said Lot 303; thence S00 °4834 "E, along the east line of said Lot 303, 342.29 feet to the Point of Beginning of this description; thence S60 °00'55"W, 326.67 feet to a point on the arc of the curve of the easterly right -of -way line of Westhaven Circle; thence southwesterly 389.92 feet along the arc of said right -of -way curve, the radius point of which lies westerly 366.00 feet, and the long chord of which bears S23 371.74 feet to a point, being the intersection of the northeasterly right -of -way line of Maricopa Drive and the easterly right -of -way line of Westhaven Circle; thence S31 °31'49 "E, along the northeasterly right -of -way line of Maricopa Drive, 127.11 feet to the beginning of a curve to the right, having its radius point bearing southwesterly 465.05 feet; thence southeasterly 165.08 feet along the arc of said right -of -way curve, the long chord of which bears S21 °21'40 "E, 164.21 feet; thence N78 0 48'30 "E, along the southerly line of said Lot 303, 319.42 feet to the southeast corner of said Lot 303; thence N00 along the east line of said Lot 303, 704.17 feet to the Point of Beginning and the end of this description; containing 5.04 acres. To properly construct the stormwater detention basin designated above, it is necessary to acquire certain lands or interests in lands as shown on the right of way plat for the above project. To effect this change, pursuant to authority granted under Wisconsin Statutes, the City of Oshkosh orders that: The said stormwater detention basin is laid out and established to the lines and widths as shown on the plat 2. The required lands or interests in lands as shown on the plat shall be acquired by the City of Oshkosh. 3. This order supersedes and amends any previous order issued by the City of Oshkosh. Mark A. Rohloff / City Manager Date APRIL 27, 2010 10 -134 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN PURPOSE: DETERMINATION OF NECESSITY TO ACQUIRE PORTION OF PROPERTY AT SOUTHEAST CORNER OF MARICOPA DRIVE AND WESTHAVEN CIRCLE FOR STORM DRAINAGE DETENTION INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the City Administration has determined it is in the best interests of the City of Oshkosh to acquire certain land for storm drainage detention in the Campbell Creek Drainage Basin to provide flooding relief to Oshkosh residents; and WHEREAS, completion of said project requires the acquisition of a portion of the property at the southeast corner of Maricopa Drive and Westhaven Circle, as described in the attached "Exhibit A ". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Common Council certifies it is necessary for the City to acquire a portion of the property as described in the attached "Exhibit A" in order for said purpose to be accomplished. It is further determined by the Common Council that acquisition of the above described property and shown in the attached exhibit is hereby determined necessary pursuant to the provisions of Sections 32.05 and 32.07 of the Wisconsin Statutes. "Exhibit K Acquisition of a Portion of the property at the Southeast corner of Maricopa Drive and Westhaven Circle (Portion of Tax ID #913 -1513 -0000) A parcel of land being a part of Lot 303, 2 nd Addition to Westhaven Subdivision, located in the NE Y4 of the SW Y4 of Section 28, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, and being described as follows: Commencing at the Center of said Section 28, thence S89 0 34'42 "W, along the north line of the southwest Y4 of said Section 28, 242.80 feet to the northeast corner of said Lot 303; thence S00 0 48'34 "E, along the east line of said Lot 303, 342.29 feet to the Point of Beginning of this description; thence S60 °00'55 "W, 326.67 feet to a point on the arc of the curve of the easterly right -of -way line of Westhaven Circle; thence southwesterly 389.92 feet along the arc of said right -of -way curve, the radius point of which lies westerly 366.00 feet, and the long chord of which bears S23 °14'52 "W, 371.74 feet to a point, being the intersection of the northeasterly right -of -way line of Maricopa Drive and the easterly right -of -way line of Westhaven Circle; thence S31 °31'49 "E, along the northeasterly right -of -way line of Maricopa Drive, 127.11 feet to the beginning of a curve to the right, having its radius point bearing southwesterly 465.05 feet; thence southeasterly 165.08 feet along the arc of said right -of -way curve, the long chord of which bears S21 0 21'40 "E, 164.21 feet; thence N78 0 48'30 "E, along the southerly line of said Lot 303, 319.42 feet to the southeast comer of said Lot 303; thence N00 0 48'34 "W, along the east line of said Lot 303, 704.17 feet to the Point of Beginning and the end of this description; containing 5.04 acres. 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O / \ 1542 r1' 1536 •:. � 1 � .;:3 1615 L �i DISCLAIMER LAND ACQUISITION This map is neither a legally recorded map nor STORM SEWER �T a survey and It Is not Intended to be used as one. l � O,IHKOlH This drawing is a compilation of records, data DETENTION AREA and Information located In various city, county ON THE WATER and state o and other sources affecting EAST OF W ESTHAVEN CIRCLE cit of o s nkO S n the area shown n and it is to be used fir reference purposes only. The City of Oshkosh Is not re- Department O f A sponslble for any Inaccuracies herein contained. Community Development . If d1screpencies are found, please contact the City of Oshkosh. Scale: 1" = 200' 11117/09 Created by - dff