Fiscal Note
Funding for this settlement of $116,886.16 is available in the following accounts: CS53-58110-810543-00-53W0391
Title
Authorizing the City Attorney to settle Hawk Ridge Properties, L.L.C. v. City of Madison (Case 13 CV 117), the pending just compensation litigation arising out of the City's partial condemnation of 8108 Mineral Point Rd.
Body
WHEREAS, on November 29, 2012, pursuant to the relocation order adopted by the Common Council in RES-12-00725 on September 18, 2012 (File ID No. 27382), the City acquired title to a portion of the property located at 8108 Mineral Point Rd. (tax parcel ID no. 251-0708-224-0208-1) owned by Hawk Ridge Properties, L.L.C. as part of the Mineral Point Road / CTH S & South Junction Road / CTH M public improvement project; and,
WHEREAS, on January 11, 2013, pursuant to Wis. Stat. Sec. 32.05(11), Hawk Ridge Properties, L.L.C. filed an appeal of the amount of compensation paid as a result of the City's acquisition, which matter is currently pending in Dane County Circuit Court (case no. 13 CV 117); and,
WHEREAS, based upon a review of the evidence and the information recently provided by the property owner, the City Attorney, the City Engineer, and the Office of Real Estate Services have concluded that it is in the City's best interests to settle this case at this time.
NOW, THEREFORE, BE IT RESOLVED that the City Attorney is authorized to settle case 13CV117 by the payment of $116,886.16 to Hawk Ridge Properties, L.L.C., and to execute any documents necessary to effectuate this settlement, all in a form subject to the approval of the City Attorney.