Fiscal Note
This resolution amends the 2010 Parks Division Capital Budget, Project #6 "Parkland Acquisition" by the addition of expenditure authority of $180,000 for land acquisition and closing costs related to completion of the Yahara River Parkway and Pedestrian Path. Funding is to be provided from the Citywide Parkland Acquisition Fund.
CL60-58110-810398-00-0000000-00000000-0000000 - $180,000
CL60-79449-810398-00-0000000-00000000-0000000 - ($180,000).
Title
Determining a Public Purpose and Necessity and Adopting a Relocation Order for the acquisition of land interests located at 220 Merry Street, 230 Merry Street and 1626 Winnebago Street for the completion of the Yahara River Parkway and Pedestrian Path, and amending the 2010 Parks Division Capital Budget.
Body
WHEREAS, in 1903, the Madison Park and Pleasure Drive Association acquired property interests along the shore of the Yahara River to facilitate the creation of a parkway and pedestrian pathway along the Yahara River, with the intent to create a public parkway and pathway from Lake Mendota to Lake Monona, said parkway and pathway being completed in 1907; and
WHEREAS, in 1937, the Madison Park and Pleasure Drive Association conveyed all of its interests to the City of Madison, including its interests in a 40-50 foot wide strip that runs along the north-east shore of the Yahara River between Winnebago Street and E. Main Street; and
WHEREAS, following a review of the title history, the City Attorney has concluded that the City only obtained easement interests, rather than fee interests, over portions of the Yahara River Parkway and Pedestrian Pathway at 220 Merry Street, 230 Merry Street and 1626 Winnebago Street from the Madison Parks and Pleasure Drive Association, contrary to the original intent of the grantors and the Madison Parks and Pleasure Drive Association; and,
WHEREAS, the City of Madison, the Marquette Neighborhood Association and the Friends of the Yahara River Parkway have expressed a strong interest in the City obtaining public ownership of both sides of the Yahara River from Lake Mendota to Lake Monona, the land subject to this Relocation Order being the last land along the Yahara River, on either bank, between the Lakes not currently under City ownership; and
WHEREAS, on July 17, 1998, the Common Council adopted the Yahara River Parkway and Environs Master Plan: and
WHEREAS, a key component of the Yahara Master Plan is to implement a continuous bike and pedestrian corridor along the Yahara River to meet the need for a safe transportation option across the Isthmus from Lake Mendota to Lake Monona and to provide a scenic and recreational setting for its use; and
WHEREAS, in order to complete the Yahara River Parkway and Pedestrian Pathway it is necessary to acquire certain land interests affecting 220 Merry Street, 230 Merry Street and 1626 Winnebago Street; and
WHEREAS, as a result of a significant slope at the Winnebago Street bridge, the City of Madison also needs to obtain fee or permanent easement interests in portions of 230 Merry Street and 1626 Winnebago Street for the purposes of providing a smooth transition from the elevation at Winnebago Street to the Yahara River Parkway and Pedestrian Pathway, and to ensure that the pedestrian pathway is accessible; and
WHEREAS, in order to achieve full public ownership of all the land on both sides of the Yahara River from Lake Mendota to Lake Monona, to establish the City's title position to said land, and to prevent any future private interest in the pathway, City staff recommends it necessary to obtain the underlying fee interest in portions of the Yahara River Parkway and Pedestrian Pathway that are adjacent to 230 Merry Street, 220 Merry Street and 1626 Winnebago Street,
NOW, THEREFORE BE IT RESOLVED that the Common Council of the City of Madison does hereby find as follows:
1. That this Resolution is a Relocation Order in accordance with Section 32.05 (1) and 62.22, Wisconsin Statutes to acquire the necessary land interests for the development and improvement of the Yahara River Parkway and Pedestrian Pathway, as described in Exhibit A below and as shown on the Relocation Order Map entitled "City of Madison Relocation Order: Plat of Real Property Interests to be Acquired for the Yahara River Walkway Pedestrian Pathway, Block One, Monona Subdivision of the City of Madison, Dane County, Wisconsin," as prepared by the City of Madison Parks Division pursuant to City Real Estate Project No. 3806 on April 23, 2010.
2. That this acquisition is necessary to achieve the public ownership of all the land on both sides of the Yahara River from Lake Mendota to Lake Monona, and for the development and improvement of the Yahara River Parkway and Pedestrian Pathway, in accordance with Section 32.07(2), Wisconsin Statutes, and will allow for the construction of said path pursuant to the Capital Improvement Program of the Parks Division of the City of Madison Department of Public Works and Transportation calling for the development and improvement of the Yahara River Parkway and Pedestrian Pathway.
3. The Office of Real Estate Services of the Economic Development Division of the Department of Planning and Community and Economic Development and the City of Madison Attorney's Office are authorized to proceed by dedication, negotiations or condemnation under Section 32 and 62.22 of the Wisconsin Statutes to acquire the real estate interests shown on said Relocation Order, and to execute the jurisdictional offer, lis pendens, and award of the compensation if condemnation proceedings under Section 32 of the Wisconsin Statutes are necessary.
4. That the Mayor and City Clerk are authorized to sign all necessary documents necessary to accomplish the acquisition.
5. That the City Clerk shall file this Relocation Order with the Dane County Clerk within 20 days after its enactment, in accordance with Section 32 of the Wisconsin Statutes.
AND BE IT FURTHER RESOLVED that the 2010 Parks Division Capital Budget Project #6, "Parkland Acquisition," be amended by the addition of expenditure authority of $180,000 for this acquisition and related closing costs, funded by the Citywide Parkland Acquisition Fund.
EXHIBIT A
Legal Descriptions:
Parcel numbers correspond to the "City of Madison Relocation Order: Plat of Real Property Interests to be Acquired for the Yahara River Walkway Pedestrian Pathway, Block One, Monona Subdivision of the City of Madison, Dane County, Wisconsin" dated April 23, 2010.
PARCEL 1:
That part of Lot 5, Block 1, Monona Subdivision, City of Madison, Dane County, Wisconsin, southwesterly of the following described line (from POINT OF BEGINNING to POINT OF ENDING):
Commencing at the most northerly corner of Lot 5; thence S45°00'00"E, 53.75 feet along the northeasterly line of Lot 5, being also the southwesterly right-of-way line of Merry Street, to the most easterly corner of Lot 5; thence S45°34'00"W, 267.61 feet along the southeasterly line of Lot 5 to the POINT OF BEGINNING of said line; thence N54°05'10"W, 54.52 feet more or less to the POINT OF ENDING on the northwesterly line of Lot 5 that is S45°34'00"W, 276.22 feet from the most northerly corner of Lot 5.
Containing 2030 square feet, more or less, upland from the Ordinary High Water Mark of the Yahara River. Bearings are referenced to Plat of Survey dated June 3, 2005 by Richard Palmer / Royal Oak Engineering, filed as Survey #2005-00593, Dane County Surveyor's Office.
PARCEL 2:
That part of Lot 2, Block 1, Monona Subdivision, City of Madison, Dane County, Wisconsin, southwesterly of the following described line (from POINT OF BEGINNING to POINT OF ENDING):
Commencing at the most easterly corner of Lot 2; thence S45°34'00"W, 263.07 feet along the southeasterly line of Lot 2 to the POINT OF BEGINNING; thence N42°15'40"W, 53.79 feet more or less to the POINT OF ENDING on the northwesterly line of Lot 2 that is S45°34'00"W, 260.50 feet from the most northerly corner of Lot 2.
Containing 1490 square feet, more or less, upland from the Ordinary High Water Mark of the Yahara River. Bearings are referenced to Plat of Survey dated June 3, 2005 by Richard Palmer / Royal Oak Engineering, filed as Survey #2005-00593, Dane County Surveyor's Office.
PARCEL 3:
Part of Lot 2, Block 1, Monona Subdivision, City of Madison, Dane County, Wisconsin, described as follows:
Commencing at the most easterly corner of Lot 2; thence S45°34'00"W, 214.14 feet along the southeasterly line of Lot 2 to the POINT OF BEGINNING; thence continuing S45°34'00"W, 48.93 feet along said southeasterly line; thence N42°15'40"W, 53.79 feet more or less to a point on the northwesterly line of Lot 2 that is S45°34'00"W, 260.50 feet from the most northerly corner of Lot 2. thence N45°34'00"E, 10.77 feet along the northwesterly line of Lot 2; thence N78°19'57"W, 64.76 feet to the POINT OF BEGINNING.
Containing 1604 square feet, more or less. Bearings are referenced to Plat of Survey dated June 3, 2005 by Richard Palmer / Royal Oak Engineering, filed as Survey #2005-00593, Dane County Surveyor's Office.
PARCEL 4:
That part of Lot 1, Block 1, Monona Subdivision, City of Madison, Dane County, Wisconsin, southwesterly of the following described line (from POINT OF BEGINNING to POINT OF ENDING):
Commencing at the most northerly corner of Lot 1; thence S45°00'00"E, 53.75 feet to the most easterly corner of Lot 1; thence S30°44'00"W, 79.70 feet along the easterly line of Lot 1, being also the westerly line of Winnebago Street, to an angle point; thence S54°44'00"W, 190.65 feet along the southeasterly line of Lot 1, being also the northwesterly right-of-way line of the former Chicago, Milwaukee, St. Paul & Pacific Railroad, to the POINT OF BEGINNING of said line; thence N42°15'40"W, 43.81 feet more or less to the POINT OF ENDING on the northwesterly line of Lot 1 that is S45°34'00"W, 263.07 feet from the most northerly corner of Lot 1.
Containing 740 square feet, more or less, upland from the Ordinary High Water Mark of the Yahara River. Bearings are referenced to Plat of Survey dated June 3, 2005 by Richard Palmer / Royal Oak Engineering, filed as Survey #2005-00593, Dane County Surveyor's Office.
PARCEL 5:
Part of Lot 1, Block 1, Monona Subdivision, City of Madison, Dane County, Wisconsin, described as follows:
Commencing at the most northerly corner of Lot 1; thence S45°00'00"E, 53.75 feet to the most easterly corner of Lot 1; thence S30°44'00"W, 79.70 feet along the easterly line of Lot 1, being also the westerly line of Winnebago Street, to an angle point; thence S54°44'00"W, 99.76 feet along the southeasterly line of Lot 1, being also the northwesterly right-of-way line of the former Chicago, Milwaukee, St. Paul & Pacific Railroad, to the POINT OF BEGINNING; thence continuing S54°44'00"W, 90.89 feet along said southeasterly line; thence N42°15'40"W, 43.81 feet more or less to a point on the northwesterly line of Lot 1 that is S45°34'00"W, 263.07 feet from the most northerly corner of Lot 1; thence N45°34'00"E, 48.93 feet along the northwesterly line of Lot 1; thence S78°19'57"E, 70.19 feet to the POINT OF BEGINNING.
Containing 3401 square feet, more or less. Bearings are referenced to Plat of Survey dated June 3, 2005 by Richard Palmer / Royal Oak Engineering, filed as Survey #2005-00593, Dane County Surveyor's Office.