Fiscal Note
No additional fiscal monies needed from previous adopted RES-08-00014 which approved the estimated land interest acquisition costs, including City Real Estate staff time, funds not to exceed $40,000 available in CS53-58110-810370-00-53B0204
Title
Approving and adopting Transportation Project Plat No. 5992-06-32-4.01 Amendment No. 1 which simply adds a single utility company release parcel, Parcel 11, which was erroneously omitted, and correctly removes an erroneous Permanent Limited Easement reference to Parcel 3 from the previously approved and adopted Transportation Project Plat No. 5992-06-32-4.01 - Relocation Order USH 151 - East Washington Avenue City of Madison (Marquette Street-Carpenter Street) for the acquisition of Plat of Land Interests required for the East Washington Avenue - Segment 4 Reconstruction-Engineering Project No. 53B0204.
Body
WHEREAS, the City of Madison Common Council on January 8, 2008 adopted RES-08-00014 which Determined the Public Purpose and Necessity and adopted Transportation Project Plat No. 5992-06-32-4.01 - Relocation Order USH 151 - East Washington Avenue City of Madison (Marquette Street-Carpenter Street) for the acquisition of Plat of Land Interests required for the East Washington Avenue - Segment 4 Reconstruction-Engineering Project No. 53B0204; and
WHEREAS, Thomas J. Hansen, K.L. Engineering Registered Land Surveyor S-2033, prepared the original Transportation Project Plat No: 5992-06-32-4.01 approved and adopted on January 8, 2008 as RES-08-00014; and
WHEREAS, Thomas J. Hansen, the City of Madison Clerk, the Plan Commission Executive Secretary and the Board of Public Works Executive Secretary executed the original approved Transportation Project Plat No: 5992-06-32-4.01; and
WHEREAS, Transportation Project Plat No: 5992-06-32-4.01 was recorded January 18, 2008 as Document No. 4390248 in Volume 59-047A of Plats on Page 228; and
WHEREAS, after the Transportation Project Plat was recorded, Registered Land Surveyor S-2033 Thomas J. Hansen, identified an erroneous Permanent Limited Easement (PLE) reference against Parcel 3; and
WHEREAS, Registered Land Surveyor S-2033 Thomas J. Hansen, recorded an Affidavit of Correction on February 14, 2008 as Document No. 4397266 to clarify the error for Parcel 3; and
WHEREAS, also after the Transportation Project Plat was recorded, Registered Land Surveyor S-2033 Thomas J. Hansen, discovered through further review of the title work that the Plat he prepared omitted an existing Madison Gas and Electric easement per Volume 13590 of Records on Page 23 as Document No. 2173952; and
WHEREAS, Registered Land Surveyor S-2033 Thomas J. Hansen prepared Transportation Project Plat No. 5992-06-32-4.01 Amendment No. 1, which adds the Madison Gas and Electric Parcel 11 to the Schedule of Lands & Interests Required table and also removes the erroneous Parcel 3 PLE area listed in the same; and
WHEREAS, a copy of Transportation Project Plat No. 5992-06-32-4.01 Amendment No. 1 is attached and made part of this resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Of Madison, Dane County, Wisconsin, by its City Common Council and for its Relocation Order hereby resolves as follows:
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 public improvements of East Washington Avenue Segment 4 Reconstruction from Marquette Street to Carpenter Street, City of Madison, Dane County, Wisconsin.
BE IT FURTHER RESOLVED that the City of Madison Real Estate Section of the Community and Economic Development Unit 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, and the Real Estate Section 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.
BE IT STILL FURTHER RESOLVED that the City of Madison Real Estate Section of the Community and Economic Development Unit 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.
BE IT STILL FURTHER RESOLVED that the Mayor and City Clerk are authorized to sign all necessary documents necessary to accomplish the acquisition.
BE FINALLY RESOLVED that the Mayor and City Clerk are authorized to execute an Agreement with the State of Wisconsin Department of Transportation to cooperatively acquire the necessary real estate interests to perform the improvements for East Washington Avenue Segment 4, WDOT Right-of-Way