HomeMy WebLinkAbout33212 / 85-02February 21, 1985
(CARRIED LOST
H7 RESOLUTION
LAID OVER WITHDRAWN )
PURPOSE: AUTHORIZE JURISDICTIONAL OFFERS FOR THE PURCHASE OF PROPERTY
INITIATED BY: CITY ADMINISTRATION
WHEREAS, the City of Oshkosh is in the process of purchasing land
to be used for a pumping station, all in connection with the City of Oshkosh
Contract #85-03, located at 305 Ceape Avenue; and
WHEREAS, land must be purchased for this purpose;
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 submit to the property owner involved a jurisdictional offer for the pur-
chase of their property.
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SUBhfITTED BY
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JURISDICTIONAL OFFER
T0: Mr. Robert Fick
Wisconsin Public Service Corporation
3300 N. Main Street
Oshkosh, Wisconsin 54901
Resolution # 7
Please take notice that the City of Oshkosh, a Municipal Corporation of
the State of Wisconsin, the condemnor in good faith intends to use the
following described property for a sewage pumping station, to wit: Broad
Street Pumping Station, which is a public purpose.
The particular description of the parcel of land sought to be condemned
is as follows:
(description attached hereto)
and that the interest in said land sought to be taken is fee simple title
(Parcel 1), permanent easement (Parcel 2), and temporary easement (Parcel 3),
together with Indemnification agreement (Exhibit A).
The proposed date of eccupancy of said land regardless of the date of
taking is March 7, 1985.
The amount of compensation for said property is Sixty-six Thousand
Eight Hundred Dollars (566,800.00), itemized as follows:
Purchase in Fee Simple of Parcel 1 $44,850.00
Purchase of Permanent Easement on Parcel 2 17,640.00
Purchase of Temporary Easement on Parcel 3 4,300.00
TOTAL $66,800.00
The appraisal of the property on which the condemnor's above offer is
based is available for inspection at the Department of Community Development, Rm. 201,
City Hall, Oshkosh, Wisconsin, by persons having an interest in the lands
sougnt to be acquired.
The owner has twenty (20) days from date of completion of service of this
offer in which to accept or reject the offer.
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Resolution # 7
If the owner desires to contest the right of condemnor to condemn the
property described in this offer for any reason other than that the amount
of compensation offered is inadequate, such owner has forty (40) days from
the date of completion of service of the offer to commence an action in the
Circuit Court for Winnebago County for such determination as provided in
Wis. Stats. Sec. 32.05(5); provided that the acceptance and retention of any
compensation resulting from an award made prior to the commencement of such
an action shall be an absolute bar to such action. The commencement of such
action by owner shall not prevent condemnor from occupying the property upon
the date of occupancy.
The-condemnor shall have the right to possession of the property described
in the offer on the date of payment of the award as provided in Wis. Stats.,
Sec. 32.05(7).
The owner, subject to �is. Stats., Sec. 32.05(9)(a) and (11), will have
two (2) years from the date of taking the property by award in which to
appeal for greater compensation without prejudice to the right to use the
compensation given by the award.
Dated at Oshkosh, Wisconsin, this day of , 1985.
�
�ITY OF OSHKOSri
John 41. Pence, City Attorney
A C C E P T A M C E
The foregoing offer is hereby (accepted) (rejected) this day of
1985.
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Robert Fick
J
Resolution # %
HROAD STREET FUMF� I NG STAT I OhJ DESCR I PT I ON ( Parcel 1)
A part of Lots 10-12 of L.M
18 in the Eignth Ward� City
Wisconsin, described as follows:
Miller's Firs± Addition, P1ocF:
of OshF:osh� Winnehago County,
Commencing at the northeas± corner of Lot 12 also being
the southwest corn�r of Ceape Avenue and Proad Street,
thence sou±h along the west line of Eroad Stree± �14.�t�
feet Eo the true point of 6eginning thence west at
right angles to Proad Street 11�.0�> feet, thence south
parallel to broad Street 1=U.C>U feet, thence ea.st at
right an9les to Hroad Street 535.0�� feet to tne west
line of Eroad Stre�t, thPnce north alo�g the west line
of Eroad Street to the point of beginning.
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Resolution # 7
F�ERMANENT UTILITY EASEMENT _ fTWIN FORCE MAINS> (parCel 2)
A part of Lots 7-10 of L.M.
18 in the Eighth Ward� City
Wisconsin, described as follows:
Miller's First Addition, Bloc�:
of Osh4;osh, Winne6ago County�
Commencing at the northeast corner of Lot 12 of L.M.
Miller's First Additio�, 61oc4; 18� also hei�g the
so�_ithwest corner of Ceape Aver�ue and Rroad Street,
thence S. 11 degrees 46'i�8" E., 'a14.�0 feet along the
west line of Proad Street, thence west at right angles
to Proad Sfreet I15.OU feet, thence so!tth para21e1 to
Eroad Street 110.�?{� feet to the true point of
beginning, thence west at right angles to Proad Street
4;�.��<j fPPt� ther+ce S. 17 degrees C�4'!>5.S' W. � 278 fe=t
more or lessyto the �ortherly harborline of the Fo::
River, thence southe.ssterly along the north harborline
of the Fo:: River �0 feet� thence N. 17 degrees C�4'
�JJ.J�� E. �69 feet, more or less, to a point 444.20 feet
south of Ceape Ave�ue, thence east �± right angles te
Proad Street to a point 115 feet west of Proad 5treet,
thence north parallel with Hroad Street to the point of
beginning.
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Resolution # 7
CONSTRUCTION EASEMCNT
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WISCONSI� FUBLIr SERVICE FFOFERTY (Parcel 3)
A p�rt of Lots 7-1� af L.M.
18 in ftie Eighth Ward, City
Wiscensin, described as follows:
Miller's First Addition, Block:
of OshF::osh, Winnebago County�
Commencing at the northeast corner of Lot 12 also heing
the southwest corner of CeaPe Avenue a.nd broad Streat,
thence S. 11 degrees 46'98" E. along the west 2ine of
Broad Street 274.<« fe�± to the true point of
beginning, thence west at right angles to Proad Street
265.00 f�et� thance south parallel to Rroad Street
15�?.���> feet� thence o-iest at right angles to Proa.d
Street 8.t7 fee±� thence S. 17 degrees �i4'q5.5" W, to
the northerly Har6or Line of the Fo:: River� thence
southeasterly along tne northerly Harbor l_ine of the
Fo:< Fiver SO feet� thence N. 17 degrees 04'�]5.5' E. to
a point 474,�0 feet south of Ceap� Avenue� thence east
at right angles to Broad Street to the west 2ine of
Proad Street� tnence north along the west line of Proad
Street to the point of heginning.
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EXHIBIT "A"
INDEMNIFICATION PROVISION
Resolution # 7
Indemnification. As a part of the consideration for the sale of the
Property as outlined in offer dated January 3, 1985 to the City of Oshkosh,
it is agreed that the City will indemnify and hold Wisconsin Public Service
Corporation harmless from and against all costs, damages, fees, expenses and
liabilities (including reasonable attorneys fees) associated with or relating
to any and all activities of Wisconsin Public Service Corporation, whether
negligent or intentional, on or beneath the Property, including but not limited
to the disposal of waste materials on the Fraperty. ?he City of Oshkosh
acknowledges that it is aware that ��lisconsin Public Service Corporation con-
ducted a coal gas operation on the Property and that there may exist waste
materials from this operation on the Property which in the future may need to
be removed from the Property and that remedial action may be necessary to
restore the °roperty. Pursuant to the above indemnification, the City of
Oshkosh expressly assumes the risk that a clean-up of such waste materials
may be necessary.
The terms of this agreement relating to the City's obligations to indem-
nify and hold Wisconsin Public Service Corporation harmless shall survive and
not be terminated upon the closing of this land transaction.
The City hereby represents and warrants to Wisconsin Public Service
Corporation that it has full authority to enter into this Agreement and carry
out, without limitation, all of the obligations required to be performed, in-
cluding the indemnification of Wisconsin Public Service Corporation. The City,
prior to the closing of this Agreement, shall provide Wisconsin Public Service
Corporation with an unqualified opinion from the City Attorney that: (1) City
has the requisite authority under law to close this transaction; and (2) the
terms of this Agreement and any provisions'surviving the closing of this trans-
action (such as the indemnification of Wisconsin Public Service Corporation)
are valid, binding and fully enforceable against the City of Oshkosh.
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