HomeMy WebLinkAbout11-64FEBRUARY 22, 2011 11 -64 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: AUTHORIZE JURISDICTIONAL OFFER FOR THE
WESTHAVEN CIRCLE AREA STORMWATER DETENTION
BASIN PROJECT IN THE AMOUNT OF $610,000.00
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the Common Council of the City of Oshkosh has determined it is
necessary to acquire certain land for the Westhaven Circle Area Stormwater Detention
Basin project pursuant to authority granted under Section 32.05, 32.06, 32.07, and
62.22, Wisconsin Statutes.
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 issue a
Jurisdictional Offer and Awards of Damage (if necessary), as follows:
Parcel 1: $610,000.00; Westhaven Golf Club and Bank One NA: fee
BE IT FURTHER RESOLVED that the proper City officials are further authorized
and directed to sign any documents and take any and all other actions necessary to
accomplish this purpose.
BE IT FURTHER RESOLVED that the money for this purpose is hereby
appropriated from:
Account No. 561 - 2010 - 1799 -00000 — Storm Water Utility Construction
Work in Progress
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, 54903-1130 City of Oshkosh
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Of HKG
TO: Honorable Mayor and Members of the Common Council
FROM: David C. Patek, Director of Public Works
DATE: February 17, 2011
RE: Approval of Jurisdictional Offer for the Westhaven Circle Area Stormwater Detention Basin
Project
BACKGROUND
In May of 2010, the Common Council approved a relocation order which authorized the purchase of
property adjacent to the Westhaven Golf Course Club House. The City has officially mapped the five acres
of undeveloped land (from a total parcel area of approximately 8.3 acres) that is located immediately south
of the Club House for construction of a stormwater detention basin.
ANALYSIS
Our right -of -way acquisition consultant has reviewed the property value for this parcel with the property
owner. At this time, the property owner is not willing to sell the property for the price offered by the City of
Oshkosh. Per State Statutes, the next step in the eminent domain process is for the City of Oshkosh to
send the property owner a jurisdictional offer to purchase. When a jurisdictional offer is made, the City
provides the property owner with the funds for the purchase price (i.e. revised offer) we feel is appropriate
and in accordance with statutes. The City then assumes ownership of the property. The owner may
challenge this purchase price in circuit court should they so choose. The following information pertains to
this property:
Property Owner Initial Offer Revised Offer Owner Request
1400 South Westhaven Drive Westhaven Golf Club $548,900 $610,000 $835,950
FISCAL IMPACT
Funding for this acquisition is included in the "Storm Sewer Section" of the 2010 Capital Improvement
Program.
RECOMMENDATION
I recommend approval of the jurisdictional offer.
Respectfully Submitted,
, 1 � ci"J (!. pf�
David C. Patek
Director of Public Works
Approved:
Mark A. Rohloff
City Manager
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