Fiscal Note
The proposed resolution authorizes the land interest acquisition and relocation at a total estimated cost not to exceed $290,000, which includes City Real Estate staff time and related administration costs. Funding is available in the Engineering Major Streets 2017 adopted capital budget within the East Johnson Street (Baldwin to 1st Street) project.
MUNIS:
10287-402-160 - $215,000 Easement Acquisition
10287-402-110 - $75,000 Fee Acquisition
Title
Determining a Public Purpose and Necessity and adopting a Transportation Project Plat Numbers. 5992-09-09 - 4.01 thru 5992-09-09 - 4.03, East Johnson Street - North Baldwin Street to First Street for the acquisitions per the Plat of Land Interests required. Located in part of the SE ¼ of Section 12, T7N, R9E and the SW ¼ of Section 6, T7N, R10E, in the City of Madison. (2nd and 12th AD)
Body
PREAMBLE
WHEREAS, the City of Madison is proposing to reconstruct E. Johnson Street from N. Baldwin Street to N. First Street. The City applied for Federal Funds in the Surface Transportation Program Fund and the project received approval for 50% Federal funding of Construction; and,
WHEREAS, the City of Madison Engineering Division has established Project Number 10287 E. Johnson Street Reconstruction - Baldwin Street to First Street for the design and administration of the reconstruction project; and,
WHEREAS, the City of Madison Common Council adopted RES-15-00183, File ID 36958 on March 3, 2015 authorizing the Mayor and the City Clerk to execute an agreement with Strand Associates for design engineering services for E. Johnson Street (Baldwin Street to First Street); and,
WHEREAS, the City of Madison Common Council adopted RES-15-00259, File ID 37503 on March 17, 2015, authorizing the Mayor and City Clerk to execute an agreement with the State of Wisconsin Department of Transportation for State review service for preliminary engineering for E. Johnson Street (Baldwin Street to First Street); and,
WHEREAS, the City of Madison Common Council adopted RES-16-00737, File ID 44329 on September 20, 2016, authorizing the Mayor and City Clerk to execute an amended agreement with the State of Wisconsin Department of Transportation for the improvement of E. Johnson Street (N. Baldwin Street to First Street); and,
WHEREAS, the City of Madison Common Council adopted RES-17-00723, File ID 48174 on September, 5, 2017, approving the roadway geometry for the E. Johnson Street - Baldwin Street to First Street project and also approving an amendment to the design contract with Strand Associates; and,
WHEREAS, the City of Madison Office of Real Estate Services of the Economic Development Division has established a Master File / Project No. 11356 to facilitate and administer the land interest acquisitions required for the East Johnson Street -Baldwin Street to First Street reconstruction as identified in Relocation Order - Transportation Project Plat Numbers 5992-09-09 - 4.01 thru 5992-09-09 - 4.03; and,
WHEREAS, the Design Study Report (DSR) approval by the WisDOT Southwest Region Project Development Section Local Program Project Manager for the project East Johnson St. - Baldwin Street to First Street is pending final approval; and,
WHEREAS, a copy of the Relocation Order - Transportation Project Plat Numbers 5992-09-09 - 4.01 thru 5992-09-09 - 4.03 are 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 East Johnson St - Baldwin Street to First Street.
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 10287, East Johnson St - Baldwin Street to First Street, 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 5992-09-09 - 4.01 thru 5992-09-09 - 4.03 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. 11356.
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.