HomeMy WebLinkAbout11. 12-516
OCTOBER 23, 2012 12-516 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVAL OF THE PURCHASE OF TEMPORARY LIMITED
EASEMENTS FOR A HAUL ROAD FROM WESLEY-SHIRLEY
RADLOFF ($30,000.00) & KEVIN-KIM RADLOFF ($50,000.00)
FOR THE CONSTRUCTION OF THE JAMES ROAD AREA
STORMWATER DETENTION BASIN
INITIATED BY: PUBLIC WORKS DEPARTMENT
WHEREAS, on October 25, 2011, through Resolution No. 11-473, the Common
Council approved a Jurisdictional Offer to acquire land for the James Road Area
Detention Basin in the Sawyer Creek Drainage Basin; and
WHEREAS, it is necessary to acquire temporary limited easements for an off-
road haul route during construction of the stormwater detention basin; and
WHEREAS, the parties have concluded negotiations that resulted in the following
purchase costs for a temporary limited easement over property owned by Wesley and
Shirley Radloff, and by Kevin and Kim Radloff in these amounts:
Wesley & Shirley Radloff - $30,000.00
Kevin & Kim Radloff - $50,000.00
NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are authorized and directed to purchase
temporary limited easements as outlined above, and to execute all documents
necessary for this purpose.
Money for this purpose is appropriated from:
Acct. No. 561-2010-1799-00000 Storm Water Utility Construction Work in Progress
CITY HALL
215 Church Avenue
P.O.Box 1130
Oshkosh,Wisconsin City of Oshkosh
54903-1130 Y
O.fHKOJH
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: October 18, 2012
RE: Radloff Temporary Limited Easement
BACKGROUND
The City is recommending acceptance of a temporary limited easement from Wes and
Shirley Radloff and Kevin and Kim Radloff to allow the City to construct a haul road for
the movement of soil from the detention basin construction zone to the former Clark Hill
Farm, which is the city's most recent acquisition for expansion of the SW Industrial Park.
The intent is to level the southern half of the Clark Hill Farm land to allow for easier
development in the future.
An off-road haul route has been identified as a safer alternative to having trucks exit
from the detention basin access onto STH 91 and exit the highway 3,000+ feet down
the road at the former Clark Hill Farm. The slow acceleration and deceleration to move
these trucks along STH 91 for an approximately 35,000 trips poses a safety hazard for
STH 91 traffic. The idea is for the soil to be hauled off road, which allows the use of
fewer trucks with larger capacities and would avoid these safety conflicts with STH 91
traffic.
The City and the Radloff's have reached an agreement on price and terms for
acquisition of an easement that will be 60' in width roughly as shown on the attached
drawing.
ANALYSIS
The proposed easement will allow the City to quickly and safely move soil from the
construction of the James Road Detention Basin to the former Clark Hill Farm in the
City's Southwest Industrial Park. Under the agreement, the City hopes to complete the
work during the winter season when the work will be less disruptive to the Rad loff's
farming operations.
'.:
The agreement will provide for construction of a temporary road, restoration of the
farmlands that will be disrupted by the temporary road, grading of the property to restore
the natural drainage pattern on the property, replacement of drain tile that will be
impacted by the heavy truck traffic, and restoration of the farm lanes within the
easement area. The City has also agreed to include language in its contracts to require
contractors to stay within the easement area and pay a penalty, repair any damage, and
pay for crop loss if they do not stay within the easement.
FISCAL IMPACT
The easement crosses the property of Wes and Shirley Radloff and Kevin and Kim
Radloff. In compensation for the use of the property and the crop damage to the crops
within the easement the City will pay Wes and Shirley Radloff $30,000, and Kevin and
Kim Radloff$50,000 under the terms of the agreement.
Because the use of this temporary haul road will allow the contractors to use larger
trucks, it is anticipated that the price for the City's contract will provide sufficient savings
to pay for the acquisition of this easement. In addition, the use of this temporary haul
road will save the City potential costs related to providing additional safety measures if
traffic were required to enter and exit state highway 91. Finally, use of the temporary
haul road provides a much safer route for the truck traffic and avoids potential liability
and costs.
RECOMMENDATION
Staff recommends that the Council approve the acquisition of this temporary limited
easement.
Respectfully Submitted, Approved:
I.
,e01-e#
WA.A. Lore son Mark A. Rohloff
City Attorney City Manager