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Memo from the City Attorney requesting approval of a Relocation Order and Acquisition Plat for the Public Right of Way associated with the development of the Staybridge Suites at 1401 North Mayfair Road
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Submitted by:
Alan Kesner
Department:
City Attorney
A. Issue
Shall the City issue a Relocation Order and Acquisition Plat in order to acquire land located adjacent to 1401 North Mayfair Road, as part of an uncontested eminent domain proceeding, for purposes of necessary right-of-way construction related to the new Staybridge Suites to be built at that address?
B. Background/Options
In conjunction with the approved redevelopment of the parcel at 1401 North Mayfair Road into a Staybridge Suites, the Engineering Services Division required that the developer dedicate a piece of land located off the end of the paved roadway in order to provide a cul-de-sac on the public street. However, the City was reluctant to accept the dedication of the land, due to potential environmental liability should issues be identified at the site. The City would be shielded from potential liability under Wisconsin law if the property is obtained via eminent domain. Therefore, the developer has agreed to allow the city to take the necessary land through an uncontested eminent domain proceeding, and subsequently to construct the cul-de-sac and dedicate the improvements to the City.
Attached is a proposed Relocation Order with an attached Acquisition Plat which would begin the eminent domain proceeding. Following approval and issuance of the Relocation Order by the Common Council, the city may accept the uncontested transfer of the land while remaining protected from liability. The developer, by a separate agreement, has waived his right to seek an appraisal for the land, and has agreed to not contest the taking of the property for purposes of the public street construction. The land being taken consists of 6,813 square feet, or about 0.156 acres, as identified in the attached Eminent Domain Agreement and proposed Relocation Order.
Development of the property has been subject to numerous delays in the past, and the council extended the deadline for beginning development to the end of March this year. The Developer did meet the necessary conditions by that time and began construction before the deadline, so it is now moving forward. This land transfer is part of the effort to facilitate construction of the project.
C. Fiscal Impact
There is no cost to the City for this acquisition, and the development of the hotel will being in additional property tax revenue as well as hotel taxes for the use of the Tourism Commission. Specific amount have not yet been projected.
D. Recommendation
It is recommended that the Common Council approve the Relocation Order and Acquisition Plat in order that the acquisition of additional public right-of-way at 1401 North Mayfair Road may proceed.
recommendation
Recommendation to Common Council