Fiscal Note
The proposed resolution amends the Engineering - Major Streets Capital Budget in the amount of $60,000 for the release of a private ingress - egress right of way and temporary limited easement acquisitions required for new street improvements for the Hartmeyer Redevelopment Project (Munis #14534). Real Estate acquisition costs are estimated at $60,000 for this project and the proposed amendment provides for that acquisition. The funding source for these funds will be developer capital funding. The City of Madison is to be reimbursed by the developer for all costs associated with this acquisition as set forth in Contract No. 9284. No additional appropriation is required.
Title
Amending the 2024 Capital Budget of Engineering-Major Streets and Determining a Public Purpose and Necessity and adopting a Relocation Order for the acquisition and release of land interests required for the construction and maintenance of improvements for a public street. Being part of SW ¼ of the SW ¼ of Section 31, T 8 N, R 10 E, in the City of Madison. (District 12)
Body
WHEREAS, Lincoln Ave Capital submitted on September 19th, 2022 to the City of Madison Planning Unit, a Subdivision Application for a Certified Survey Map for approval by the Madison Common Council. The Certified Survey Map being required as part of the redevelopment of a property (hereinafter the “Hartmeyer Redevelopment Project”), addressed as 2007 Roth Street for the application, City of Madison, Dane County, Wisconsin; and,
WHEREAS, the City of Madison Common Council adopted Resolution Number RES-23-00002, File No. 74065, on January 3, 2023, conditionally approving the said Certified Survey Map; and,
WHEREAS, a condition for the approval of the said Certified Survey Map requires the developer of the Hartmeyer Redevelopment Project to construct the public improvements necessary to serve the lots within the Certified Survey Map. This requirement includes construction of public improvements lying within and beyond the boundary of the Certified Survey Map; and
WHEREAS, another condition for the approval of the Certified Survey Map included the developer of the Hartmeyer Redevelopment Project to clear title and obtain the release of a private right-of-way for ingress and egress encumbering lands to be dedicated to the City of Madison, at the developer's expense; and,
WHEREAS, the City of Madison Engineering Division has established Munis Project Number 14534 Hartmeyer Redevelopment Project, for the design and administration of the public infrastructure construction project; and,
WHEREAS, the City of Madison Common Council adopted Resolution Number RES-23-00697, File No. 80424 on November 7, 2023 approving plans and specifications necessary to serve Hartmeyer Redevelopment Project and also authorizing the Mayor and City Clerk to execute a Contract (Private Contract No. 9284, Engineering Proj No. 14534) “For The Construction of Public Improvements That Will be Accepted By The City Of Madison - Hartmeyer Redevelopment”. The contract being with Roth Street I Limited Partnership and Roth Street II Limited Partnership (hereinafter “Developer”). Under Section II - Supplemental Conditions of said Contract, The Developer shall be responsible for acquiring additional temporary limited easements located beyond the CSM boundary and/or release of existing easements within the CSM boundary. The Developer shall acquire such easements and/or releases as required by the City at the Developer’s expense. In the event that the Developer is unable to acquire the easements and/or releases as required, the City shall proceed to acquire the easements and/or releases. The Developer shall reimburse the City for all costs associated with the acquisition, including attorney's fees and any and all costs associated with court ordered awards. Said contract has been executed by all Parties; and
WHEREAS, the Certified Survey Map has been approved by the City and has been subsequently recorded with the Register of Deeds in Volume 122 of Certified Survey Maps, pages 166 - 193, as Document No. 5939504, dedicating the right of way of Huxley Street; and
WHEREAS, the said Certified Survey Map dedicated Huxley Street providing access to a public street and utilities for all new and existing adjacent parcels. Also, the dedication of Huxley Street completed a continuous public right of way connection for all adjacent new and existing properties from Commercial Ave on the south, northerly to Roth Street; and
WHEREAS, a 250 foot long portion of Ruskin St right of way (66’ feet wide), lying adjacent to and southerly of the said Certified Survey Map, was previously conveyed to the City of Madison by “Warranty Deed and Dedication for Public Highway” recorded on September 15, 1966 as Document Number 1169963, Dane County Resister of Deeds; and
WHEREAS, the Developer has been unable to acquire the offsite construction easements beyond the boundary of the said Certified Survey map as required for the construction of the public improvements for the Hartmeyer Redevelopment Project. The Developer has also been unable to obtain the required releases of the private right-of-way for ingress and egress encumbering the dedicated public rights of way of Huxley St and Ruskin St; and
WHEREAS, the City of Madison Office of Real Estate Services has established a Master File / Project No. 12922 to facilitate and administer acquisition of temporary construction and grading easements and also the release of required land interests as required; and
WHEREAS, attached hereto and made part of this resolution is a City of Madison Relocation Order Map titled "PLAT OF LAND INTERESTS REQUIRED FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS”, BEING PART OF THE SW ¼ OF THE SW 1/4 OF SECTION 31, TOWNSHIP 08 NORTH, RANGE 10 EAST, CITY OF MADISON, DANE COUNTY, WISCONSIN; and,
WHEREAS, this Relocation Order Map identifies the necessary public land interest areas of acquisition and release of rights required as shown on the attached City of Madison Relocation Order Map and Schedule of Land Interests Required for the construction and maintenance of the existing and proposed public improvements and grading and sloping associated with the construction of the Public Improvements; and,
WHEREAS, all required funding for the land interest acquisitions by the City of Madison will be available in Account Number 14534-402-160 Hartmeyer Redevelopment (Easement Acquisitions and releases).
NOW THEREFORE BE IT RESOLVED,
1. That this Resolution is a Relocation Order in accordance with Section 32.05(1) and 62.22, Wisconsin Statutes for the purpose of the within described public acquisition project and that this acquisition is determined to be necessity in accordance with Section 32.07(2), Wisconsin Statutes, and the acquisition shall allow for the construction of planned public street improvements and grading and sloping associated with Hartmeyer Redevelopment, Engineering Project No. 14534, Contract No. 9284.
2. That the City of Madison hereby determines that it is necessary and a public purpose exists to acquire necessary land interests from the properties/parties as identified in the Schedule of Land Interests on the attached Relocation Order Map and such acquisitions are required to allow for the construction of said public street improvements.
3. That the Common Council of the City of Madison, does hereby adopt this relocation order to acquire the necessary land interests required for the construction of the public street improvements associated with Engineering Division Project Number 14534 - Hartmeyer Redevelopment consisting of the attached Relocation Order Map in accordance with Section 32.05(1) and 62.22, Wisconsin Statutes.
4. That the Office of Real Estate Services of the Economic Development Division and the City Attorney are hereby authorized to proceed by negotiation or condemnation under authority of Section 32 and 62.22 of the Wisconsin Statutes to acquire the real estate interests shown on said Relocation Order. Also, the Office Real Estate Services is further authorized to obtain title reports, appraisals, survey information, environmental site assessment reports, and any other essential material or reports as may be necessary to perform due diligence in accomplishing the acquisition.
5. That the City of Madison Office of Real Estate Services Division of the Economic Development Division staff shall administer the acquisition of all land interests by Real Estate Master Project No. 12922.
6. That the City of Madison Office of Real Estate Services of the Economic Development Division is hereby authorized to execute the jurisdictional offer, lis pendens, and award of the compensation if condemnation proceedings under Section 32 of the Wisconsin Statutes are necessary.
7. That the Mayor and City Clerk are authorized to sign all necessary documents to accomplish the acquisition.
8. That in conformance with the Contract for The Construction of Public Improvements That Will be Accepted By The City Of Madison - Hartmeyer Redevelopment, Contract No. 9284, Engineering Proj. No. 14534, the Developer shall reimburse the City of Madison for all costs associated with the acquisition(s) and releases identified on the Schedule of Land Interests on the attached Relocation Order Map.
BE IT FURTHER RESOLVED, that the 2024 Capital Budget of Engineering-Major Streets is hereby amended to provide for the acquisition of the necessary easements with funding from the developer.