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#3 Authorize acquisition of land from Naatz Family Trust (File Res. #2011-766)Community Development Department Memorandum January 11, 2011 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Action on a proposed resolution authorizing the acquisition of land from the Naatz Family Trust adjoining the bicycle and pedestrian trail east of North Wright Road (Resolution No. 2011-766). SUMMARY During a recent routine property evaluation by the City Assessor’s Office, it was discovered that a relatively small segment of the City’s bike trail encroaches onto private lands owned by the Naatz Family Trust (See Attached Exhibit 1). The trail segment affected by the encroachment is located between North Wright Road and Wuthering Hills Drive, just north of Ruger Avenue. This bike trail section was constructed in the year 2000 as part of a WisDOT funded improvement project that extended trails along public greenbelt and parklands following the Spring Brook drainage corridor on the City’s east side. During construction of the trail, a decision to alter the alignment slightly from the design plans led to the trail crossing a property line that was not apparent in the field (on-site). It is unclear at this time as to why or how the decision was made, but a slight encroachment of approximately 15 feet onto the Naatz property occurred. The Engineering Division notified members of the trust of the encroachment and inquired about the possibility of negotiating an easement or the outright purchase of a small section of land to correct the matter. The land area under consideration includes a strip of land totaling 4,324 sq.ft. in area. After further discussion and consideration of alternatives, the Trust accepted an offer for City purchase of the land area in question for $5,000. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to approve Resolution No. 2011-766 authorizing the acquisition of land from the Naatz Family Trust adjoining the bicycle and pedestrian trail east of North Wright Road. The City Council should be advised that the Plan Commission has not reviewed the financial aspects of this transaction. CITY MANAGER RECOMMENDATION The City Manager concurs with the recommendation. SUGGESTED MOTION To approve Resolution No. 2011-766, authorizing the acquisition of land from the Naatz Family Trust adjoining the bicycle and pedestrian trail east of North Wright Road. ANALYSIS A. The land area is split between two parcels containing a total of 4,324 sq.ft.; one parcel includes approximately 2,850 sq.ft. and the is 1,670 sq.ft. in size. (See Exhibit 2). The land area is contiguous to the existing paved trail section adjoining city-owned greenbelt lands. B. The proposed property acquisition is consistent with established city plans that include the adopted Park & Open Space Plan and the Comprehensive Plan. Both documents identify the subject property as part of an environmental corridor along the Spring Brook drainage way which is planned for future public open space use. Additionally, it is the City’s policy to locate bike and pedestrian trail facilities either on publically-owned land or within designated trail easements allowing for construction of those improvements. Acquiring this small portion of property to locate the trail surface on City-owned land is consistent with that practice. C. State Statutes require that the Plan Commission review any proposed acquisition of land to determine if it is consistent with established City plans. The Plan Commission unanimously found the proposed purchase to be consistent with the City’s Park & Open Space Plan and Comprehensive Plan at their meeting of 3 January 2011. D. The offer of $5,000 to acquire approximately 4,520 s.f. of land area was derived on the basis of estimating current residential raw land values in the area, appraisal costs and other processing expenses (surveying, deed preparation/recording). PLAN COMMISSION ACTION – 3 JANUARY 2011 Duane Cherek, Manager of Planning Services, presented the written staff report. There was no discussion. There was a motion by Commissioner Werner with a second by Commissioner Hanewold to forward the acquisition to the City Council with a favorable recommendation. The motion carried on a 5-0-0 vote. RESOLUTION NO. 2011-766 A resolution authorizing the acquisition of land from the Naatz Family Trust adjoining the bicycle and pedestrian trail east of N. Wright Road and just north of Ruger Avenue. WHEREAS , the City of Janesville owns and maintains a bicycle and pedestrian trail facility located on property designated as public greenbelt between N. Wright Road and Wuthering Hills Drive just north of Ruger Avenue; and WHEREAS , property south and adjoining the public greenbelt and trail facility in this area is owned by the Naatz Family Trust; and WHEREAS , during a property assessment evaluation process, the City of Janesville discovered that a portion of the bicycle and pedestrian trail encroaches onto the Naatz Family Trust property adjoining the public greenbelt; and WHEREAS , the City Administration notified members of the Trust of the encroachment to present various means to correct the error, including outright purchase of the land encompassing said encroachment, and; WHEREAS , a plat of survey as set forth in Attachment “A” describes portions of two separate parcels containing 2,787 sq.ft. and 1,537 sq.ft, respectively, which the City proposes to purchase from the Naatz Family Trust in the total amount of $5,000 for both parcels, and; WHEREAS , the Janesville Common Council finds it to be in the City’s best interest and of benefit to the community and City to purchase the land encompassing the bicycle and pedestrian trail encroachment on a portion of the Naatz property as legally described in Attachment “B”; and WHEREAS , Sections 62.11(5) and 62.22(1) of the Wisconsin Statutes and other provisions of law permit the City’s acquisition and conveyance of such parcels of land; and WHEREAS , the Janesville Plan Commission reviewed this proposed land acquisition at rd their meeting on the 3 day of January 2011, and on a vote of 5-0 found this land acquisition to be consistent with City Plans though not commenting on the financial aspects of this transaction; NOW, THEREFORE, BE IT RESOLVED , by the Common Council of the City of Janesville, that they hereby authorize and direct the City Manager and/or his designee, to acquire land from the Naatz Family Trust adjoining the bicycle and pedestrian trail east of N. Wright Road on behalf of the City of Janesville, as the City Manager may deem necessary or desirable to effectuate the intent of this resolution. BE IT FURTHER RESOLVED , that the City Manager and his designees may, from time to time, negotiate, draft, amend, execute, and enter into said purchase, agreements, contracts, and amendments thereto pertaining to the property; and to take RESOLUTION NO. 2011-766 PAGE 2 such other action as the City Manager may deem necessary and/or desirable for the public good concerning this matter and/or to effectuate the intent of this resolution . ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Wald Klimczyk Proposed by: Community Development Department Prepared by: Community Development Department Ý·¬§ ±º Ö¿²»ª·´´» Ù×Í ÷äôóúóè ùíò ùíòùÓÈÃÍÖòÛÎ×ÉÆÓÐÐ× ùíò ùíòÍÅÎ×ØìÛÊÙ×ÐÉ úÓÑ×èÊÛÓÐ ÷ÎÙÊÍÛÙÔÏ×ÎÈ Ô»¹»²¼ ûÊ×ÛÉ Î±¿¼ Ì§°» ùíò Ý±«²¬§ Ø·¹¸©¿§ ×²¬»®¬¿¬» Ø·¹¸©¿§ Ô±½¿´ Î±¿¼ Í¬¿¬» Ø·¹¸©¿§ ËÍ Ø·¹¸©¿§ ÝÍÓ Ý»³»¬»®§ Ð´¿¬ Ý±²¼± Ð´¿¬ Í«¾¼·ª··±² Ð´¿¬ Ð¿®½»´ ß»®·¿´ Ð¸±¬±¹®¿°¸§ øîððë÷ Ê¿´«» Ø·¹¸ æ îëì Ô±© æ ð ñ ï ×²½¸ ã ìðð Ú»»¬ Ü×ÍÝÔß×ÓÛÎæ Ì¸· ¼¿¬¿ · °®±ª·¼»¼ ¾§ ¬¸» Ý·¬§ ±º Ö¿²»ª·´´» º±® ·²º±®³¿¬·±²¿´ °«®°±» ±²´§ò Ì¸» Ý·¬§ ¼±» ²±¬ ©¿®®¿²¬ ±® Ð®·²¬»¼ Ü¿¬»æ ïîñíðñîðïð ¹«¿®¿²¬»» ¬¸» ¿½½«®¿½§ ±® ®»´·¿¾·´·¬§ ±º ¬¸· ¼¿¬¿ò Ì¸» ®»½·°·»²¬ ±º ¬¸· ¼¿¬¿ ¿«³» ¿²§ ®·µ ±º ·¬ «» º±® ¿²§ °«®°±»ò