HomeMy WebLinkAbout12. 13-459
OCTOBER 8, 2013 13-459 RESOLUTION
(CARRIED___7-0____ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: AUTHORIZE JURISDICTIONAL OFFER FOR THE LIBBEY/NICOLET
AREA WATERSHEDS STORMWATER DETENTION BASIN
PROJECT IN THE AMOUNT OF $330,025.00
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the Common Council of the City of Oshkosh has determined it is
necessary to acquire property for the Libbey/Nicolet 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:
$330,025.00; Lois Luebke as Trustee of the Lois M. Luebke Marital Trust; fee &
permanent limited easement
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:
Acct No. 561-2010-1799-00000 Storm Water Utility – Construction Work in Progress
OIHKOIH
ON THE WATER
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: David C. Patek, Director of Public Works cP
DATE: October 3, 2013
RE: Approval of Jurisdictional Offer for the Libbey/ Nicolet Area Watersheds Stormwater Detention Basin
Project
BACKGROUND
On April 10, 2012, the Common Council approved a relocation order relating to the purchase of property located
east of Jackson Street/ south of Packer Avenue (portions of 2520 & 2562 Jackson Street) and for a thirty foot
wide storm sewer easement on the north side of the remaining portion of 2562 Jackson Street. Per the
Stormwater Management Plan, it has been determined that 6.7334 acres (from a total parcel area of
approximately 9.3878 acres) is required for this storm water management facility.
ANALYSIS
Our right-of-way acquisition consultant has reviewed the property value for this parcel with the property owner
and the Common Council approved the acquisition of this property in December of 2012 per Resolution No. 12-
597. At this time, we are unable to finalize this acquisition for the previously approved price without the City
initiating the condemnation process. 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 the 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 City Offer
Fee acquisition of Lois Luebke $303,000
portions of 2520 & 2562
Jackson Street
Lois Luebke $27,025
Permanent easement
$330,025
FISCAL IMPACT
Funding for this acquisition is included in the"Storm Sewer Section" of the Capital Improvement Program.
RECOMMENDATIONS
I recommend approval of the jurisdictional offer.
Approved:
Mark A. Rohloff
City Manager
DCP/tlt
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