Fiscal Note
The proposed resolution authorizes the acquisition of a Permanent Easement for Public Storm Water Management and Storm Sewer in the East Mendota-Pheasant Branch Greenway, South High Point Rd Section. The estimated cost of the acquisition of a permanent Stormwater easement is $350,000. Funding for the easement acquisition is available in the 2025 Stormwater Utility Adopted Capital Budget (Munis #15702). No additional appropriation is required.
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Determining a Public Purpose and Necessity and adopting a Transportation Project Plat Number. 5992-10-19, City of Madison, Mineral Point Road - USH 12 to Highpoint Rd for the acquisitions per the Plat of Land and Interests required. Located in the Southeast 1/4 of the Southwest 1/4 of Section 23, Township 7 North, Range 8 East, in the City of Madison, Dane County, Wisconsin. (District 9)
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WHEREAS, the City of Madison is proposing to reconstruct Mineral Point Rd street including storm sewer improvements from the West Beltline Hwy to S High Point Rd and also reconstructing a portion of S. High Point Rd from Mineral Point Road northerly approximately 600 feet to a crossing with the East Mendota Pheasant Branch Greenway (hereinafter the “reconstruction project”); and,
WHEREAS, the City of Madison Engineering Division has established Project Number 11131 for the design and administration of the reconstruction project; and,
WHEREAS, the City of Madison Common Council adopted RES-16-00733, File ID 44304 on September 20, 2016, authorizing the Mayor and City Clerk to execute an agreement with the State of Wisconsin Department of Transportation for the improvement of Mineral Point Road (USH 12 to High Point Rd); and,
WHEREAS, the City of Madison Common Council adopted RES-22-00546, File ID 72667 on August 2, 2022, authorizing the Mayor and City Clerk to execute a revised State/Municipal Agreement with the State of Wisconsin Department of Transportation for Project I.D. 5992-10-19/20: Mineral Point Road for construction cost sharing; and,
WHEREAS, the City of Madison Common Council adopted RES-23-00686, File ID 80350 on November 7, 2023, authorizing the Mayor and the City Clerk to execute a contract between the City of Madison and Mead & Hunt, Inc., for design engineering services for Mineral Point Road from USH 12 to S. High Point Road; and,
WHEREAS, the City of Madison Common Council adopted RES-25-00029, File ID 85825 on January 14 2025, amending the Engineering-Major Streets and Stormwater Utility Adopted Capital Budgets to transfer existing GO budget authority from the Stormwater Utility Citywide Flood Mitigation Program to the
Mineral Point Road project, and authorizing the Mayor and the City Clerk to execute an Amendment to the contract between Madison and Mead & Hunt for additional design engineering services for the Mineral Point Rd. Pavement Replacement Project; and,
WHEREAS the City of Madison Common Council adopted RES-25-00145, File ID 86997 on March 11, 2025, approving roadway geometry for the Mineral Point Road (Commerce Drive to S High Point Road) and S High Point Road (Mineral Point Road to north Greenway Drainage Property); and,
WHEREAS, the City of Madison Common Council adopted RES-25-00148, File ID 87244 on March 11, 2025, authorizing the Mayor and City Clerk to execute a revised State/Municipal Agreement with the State of Wisconsin Department of Transportation for Project I.D. 5992-10-19/20: Mineral Point Road for construction cost sharing increasing the possible Federal share of costs; and,
WHEREAS the construction project will be installing new storm sewer pipes conveying public storm water as part of the project and discharging to the said East Mendota Pheasant Branch Greenway (“Greenway”). The Greenway currently crosses and conveys public storm water drainage from public storm sewers and surrounding lands, through and across Lot 1, Dane County Certified Survey Map No. 709. The existing Greenway is not currently subject to an existing Permanent Easement for Public Storm Water Management and Storm Sewer; and
WHEREAS, the City of Madison Office of Real Estate Services of the Economic Development Division has established a Master File / Project No. 13141 to facilitate and administer the land interest acquisitions required for the Mineral Point Road - USH 12 to Highpoint Rd reconstruction as identified in Relocation Order - Transportation Project Plat Number 5992-10-19 prepared by Mead and Hunt; and,
WHEREAS, the Design Study Report (DSR) approval by the WisDOT Southwest Region Project Development Section Local Program Project Manager for the project City of Madison, Mineral Point Road USH 12 to High Point Road is pending final approval; and,
WHEREAS, a copy of the Relocation Order - Transportation Project Plat Number Transportation Project Plat Number 5992-10-19 is attached hereto and made part of this resolution; and,
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:
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 improvements of the City of Madison, Mineral Point Road - USH 12 to Highpoint Rd reconstruction project.
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 Lands & Interests on the attached Relocation Order Map and such acquisitions are required to allow for the construction of said public 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 planned public improvements associated with Engineering Division Project Number 11131, City of Madison, Mineral Point Road - USH 12 to Highpoint Rd, consisting of the attached Relocation Order Maps in accordance with Section 32.05(1) and 62.22, Wisconsin Statutes. The final approval of this relocation order and subsequent execution of the approval certificates on the Relocation Order Map are hereby contingent upon the Design Study Report (DSR) being approved. The approval certificates on Transportation Project Plat 5992-10-19 shall be executed and the relocation map recorded only upon the satisfaction of this contingency.
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 and any Uneconomic Remnant (Section 32.05(3m) of the Wisconsin Statutes) that may be subsequently determined to exist by the City of Madison. 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. 13141.
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 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 acquisitions.