City of Oak Creek

Common Council Report

Meeting Date: November 7, 2012

Item No.:

Recommendation: That the Common Council adopt Resolution No. 11298-110712, a resolution of necessity for acquisition of lands for public street purpose, temporary easements for grading, and authorizing negotiation for such acquisition and condemnation, if necessary, for S. Howell Avenue sidewalk project from Oakwood Road to College Avenue. (CTH ZZ) (Project No. 12025) (1^st, 2^nd, 3^rd, 5^th, 6^th Aldermanic Districts)

Background: The S. Howell Avenue maintenance project is being completed by the Wisconsin Department of Transportation (WDOT). WDOT has hired a subconsultant (EMCS) to design the project. EMCS has prepared the right-of-way plat to reflect the preferred design. The City and WDOT have an agreement that the City will acquire the right-of-way needed for the construction of the sidewalk, and WDOT will pay for 80% of the sidewalk construction. The Common Council awarded the real estate acquisition to MSA Professional Services at the September 4, 2012 meeting. The City and MSA will work together to acquire the required parcels for the sidewalk work.

There are portions of 79 parcels that we need to acquire ROW or temporary easements from. The parcels are identified and detailed on the attached resolution. The total area of ROW to be acquired is 0.017 acres and temporary easement is 3.267 acres.

Fiscal Impact: This work will be paid from CIP funds reserved in Project No. 12025.

Prepared by: Brian L. Johnston, P.E. Development Engineer	Respectfully submitted: Gerald R. Peterson, ICMA-CM City Administrator
Approved by: Michael C. Simmons, P.E. City Engineer
Fiscal review by: Mark D. Wyss Finance Director

RESOLUTION NO. 11298-110712

BY: ____________________________________

RESOLUTION ESTABLISHING A DETERMINATION OF NECESSITY FOR ACQUISITION OF LANDS FOR PUBLIC STREET PURPOSES, TEMPORARY EASEMENTS FOR GRADING, AUTHORIZING NEGOTIATION FOR SUCH ACQUISITION AND AUTHORIZING CONDEMNATION IF NECESSARY

(PROJECT NO. 12025)

(1^st, 2^nd, 3^rd, 5^th, 6^th ALDERMANIC DISTRICTS)

WHEREAS, the Wisconsin Department of Transportation (WDOT) decided that public necessity demands the maintenance of STH 38 (S. Howell Avenue) from Oakwood Road to College Avenue (CTH ZZ); and

WHEREAS, the WDOT agreed to complete the sidewalk corridor the State Highway; and

WHEREAS, the City has agreed to acquire the real estate for the sidewalk corridor; and

WHEREAS, public necessity demands that the City of Oak Creek acquire the fee simple titles of the lands required for street expansion purposes, as indicated on the plat and legal descriptions attached hereto and incorporated herein by reference, and

WHEREAS, public necessity demands that the City of Oak Creek acquire the temporary easements required for grading, as indicated on the plat and legal descriptions attached hereto and incorporated herein by reference, and

WHEREAS, the properties affected are listed below, on the plat and on the attached legal descriptions.

Parcel Number	Tax Key Number	Owner	Area (acre)
			Fee	TLE
1	924-9006-001	Centerpoint Properties Trust	0.001	0.097
2	924-9010	Evergreen Glen Apartments Limited Partnership		0.269
3	923-9996-004	MICJENSAR Realty		0.027
7	924-9009-002	F.M. Management Company		0.02
8	924-9009-001	F.M. Management Company		0.011
9	924-9008	Ronald Thiel		0.021
27	923-0001	Mark & Nancy Corzazlla		0.024
28	907-0061-006	Bryan & Michelle Hazelton		0.059
29	906-0075	James & Susan Hanser		0.041
31	906-0057	Barbara Burger		0.015
32	906-9023	Sergio & Jennifer Aleman		0.032
33	906-9018	Michael Shatto		0.043
34	906-9004-001	Ronald & Susanne Jerominski		0.037
36	906-9012	Santiago & Maria Del Rosario Mercado		0.014
37	906-9013	James Shea Jr.		0.009
38	906-9014	James Shea Sr. & Evelyn O. Shea		0.015
39	906-0102	Shawn & Sandra Karvonen		0.027
41	906-9016	Allan & Eileen Hobbs		0.022
42	907-0051	Ronald Patin & Jacqueline Kornack		0.031
43	907-9979	Steven Bocek		0.106
44	875-9999-004	Milwaukee County		0.016
46	874-9997	Milwaukee County		0.012
47	859-9035	Continental 77 Fund, LLC		0.013
48	859-9034	Continental 86 Fund, LLC		0.014
49	860-9002	Mutual Savings and Loan		0.004
51	828-9009	Gateway Jackson, Inc.		0.05
52	813-9020	DEMCO Wisconsin, LLC		0.009
53	813-9018-001	Landmark Credit Union		0.001
54	813-9022	Howell Oaks III, LLC		0.008
56	813-9021	Giuffre XX, LLC		0.007
57	782-9051	Guardian Credit Union		0.004
58	781-9008	Sterling Oak Creek, LLC		0.009
59	782-9036	Butch Investments, LLC		0.245
61	765-9014	Union Building Corp		0.081
62	765-9017	ADL Enterprises II, LLC		0.07
63	781-9031	Sikh Temple of Wisconsin, Inc.		0.004
64	781-9993	Margaret & Charles Knudson		0.047
66	765-9000	City of Oak Creek		0.012
67	765-9031	S & G Partnership		0.036
68	765-9052	McAdams Graphics, Inc		0.091
69	766-9019	Mahn Court, LLC		0.022
71	766-0015	Walter Wickman Jr.		0.12
73	766-0012	Rose Fleischman		0.033
74	766-0011	David & Diane Pischke		0.008
76	734-9027	MRT Investments, LLC		0.003
77	734-9026	150 W Rawson, LLC		0.022
78	734-9028	Rawson & Howell, LLC		0.049
79	766-9989-002	Milwaukee County		0.09
81	733-9004	George & Monika Tsitsos Living Trust		0.002
82	734-9995-002	Herman & Elizabeth Kopplin		0.061
83	734-9996-001	Brookind Corporation		0.073
84	734-9997	Sharon Dull		0.002
86	734-9000	Robert Polinski		0.024
87	734-9998-001	Brookind Corporation		0.035
88	733.9001	Raymond & Virginia Gottfried		0.056
89	733-9995	Kevin & Darlene Polinski		0.018
91	733-9008	PRC Investors, LLC		0.112
92	733-9996	JNW Building Corporation		0.044
93	733-9997-002	Arthur Ratayczak Sr. & Margaret		0.055
94	733-9010	Bucyrus Wisconsin Property, LLC		0.021
96	718-9960	Jerry & Ellen Smith		0.013
97	718-9961-002	MATC		0.141
98	719-9982	Electronic Construction		0.026
99	719-9983	Ricky & Robin Moga		0.014
101	719-9004	Harvest Community Church		0.087
102	719-9005	Richard & Melody Lehocky		0.008
103	719-9985	Stramowski 6508 S Howell, LLC		0.002
104	718-9962	6349-6475 Howell Avenue, LLC	0.005	0.113
106	718-9963	Janice Hittman		0.056
107	718-9964	Tom Menning		0.035
108	718-9966	Selahattin Kurter DBA Spectrum Healthcare, LLC		0.023
109	718-9968	Michael Quartana & Daniel Carmody		0.013
111	718-9997	Delphin & Margaret Brahm & Thomas Krenz, John Krenz, Kathryn Krenz & Mark Leo Krenz	0.004	0.035
112	719-9987-002	Synerg Oak Creek, LLC	0.004	0.063
113	719-9986	Synerg Oak Creek, LLC	0.003	0.023
114	719-9002-001	Synerg Oak Creek, LLC		0.008
116	719-9001	Raymond Woods		0.024
117	719-9000	Ethel Garrett		0.052
118	719-9989	St. Stephens Congregation		0.028

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council of the City of Oak Creek that the determination of necessity for acquisition of lands for public street purposes and temporary easements for grading that the lands as described, and as shown on the attached plat and legal descriptions, be acquired for said purposes, and

BE IT FURTHER RESOLVED that the ROW plat identified as R/W Project Number 2060-15-21 is approved and directed to be filed with the County Clerk for Milwaukee County, and

BE IT FURTHER RESOLVED that the attached Relocation Order for this project with R/W Project Number 2060-15-21 beginning at STA 129+27.40 and ending at STA 394+00 is hereby approved and the City Attorney or agent for the City of Oak Creek, at the direction of the City Attorney, is hereby authorized and directed to serve the Relocation Order on the County Clerk in and for Milwaukee County, Wisconsin; and

BE IT FURTHER RESOLVED that the City Engineer or agent for the City of Oak Creek, at the direction of the City Engineer, is hereby authorized and directed to negotiate for the acquisition of those lands required for the purposes above stated, and in the event said lands cannot be obtained by negotiation, the City Attorney and Special Counsel are hereby authorized and directed to take by condemnation those lands as required for said purposes.

Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 7^th day of November, 2012.

Passed and adopted this 7^th day of November, 2012.

___________________________________

President, Common Council

Approved this 7^th day of November, 2012

___________________________________

Mayor

ATTEST:

____________________________ VOTE: AYES _____ NOES _____

City Clerk

ORDER BY THE COMMON COUNCIL OF THE CITY OF OAK CREEK FOR ACQUISITION OF LANDS FOR PUBLIC STREET PURPOSES, TEMPORARY EASEMENTS FOR GRADING, AUTHORIZING NEGOTIATION FOR SUCH ACQUISITION AND AUTHORIZING CONDEMNATION IF NECESSARY

WHEREAS, the Oak Creek Common Council on November 7, 2012 adopted Resolution No. 11298-110712, a Resolution Establishing a Determination of Necessity for Acquisition of Lands for Public Street Purposes, Temporary Easements for Grading, Authorizing Negotiation for such Acquisition and Authorizing Condemnation if Necessary and,

WHEREAS, public necessity demands that the City of Oak Creek acquire the fee simple titles of the lands required for street expansion purposes, as indicated on ROW plat identified as R/W Project Number 2060-15-21 and legal descriptions attached hereto and incorporated herein by reference, and

WHEREAS, public necessity demands that the City of Oak Creek acquire the temporary easements required for grading, as indicated on ROW plat identified as R/W Project Number 2060-15-21 and legal descriptions attached hereto and incorporated herein by reference, and

WHEREAS, that the Relocation Order for this project with R/W Project Number 2060-15-21 begins at STA 129+27.40 and ends at STA 394+00, and

WHEREAS, the fee simple titles of lands area and temporary easement areas are depicted on the ROW plat identified as R/W Project Number 2060-15-21 attached hereto and as described on legal descriptions attached hereto and both exhibits are incorporated herein by reference.

NOW, THEREFORE IT IS ORDERED by Common Council of the City of Oak Creek, Milwaukee County, Wisconsin that the aforementioned fee simple titles and temporary easements be acquired in accordance with Resolution Number 11298-110712.

Dated this _______ day of ____________________, 2012.

______________________________ ______________________________

Stephen A. Scaffidi, Mayor Catherine A. Roeske, City Clerk