CCR2015023-Relocation Order-Flood Control Grant
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #023-2015
RELOCATION ORDER AND DETERMINATION OF NECESSITY
OF THE CITY OF MUSKEGO,
WAUKESHA COUNTY, WISCONSIN
(Flood Control Grant – S76 W18109 Janesville Road)
WHEREAS, the single family home located at S76W18109 Janesville Road is
believed to be subject to a significant risk of flooding; and
WHEREAS, the State of Wisconsin Department of Natural Resources has
awarded a Municipal Flood Control Grant Program grant award to the City of Muskego
for the acquisition by the City of the foregoing property and for the removal of structures
to allow the property to remain as permanent open space to provide additional flood
storage for flood events, and the City of Muskego Common Council has adopted
Resolution No. 011-2014 in support of this State grant, provided that the owner of such
property is willing to sell the property to the City.
NOW THEREFORE the City of Muskego, Waukesha County, Wisconsin, by its
Common Council and for its Relocation Order and determination of necessity HEREBY
RESOLVES as follows:
1. That this Resolution is a Relocation Order in accordance with §32.05(1),
Wisconsin Statutes, for the purposes of the within described public
improvement project and it is also a determination of necessity for that
project in accordance with §32.07(2), Wisconsin Statutes.
2. That the City of Muskego hereby determines that it is a necessary and
public purpose to acquire a single family home at S76W18109 Janesville
Road in order to eliminate the risk of flooding occurring to said structure.
3. That the site of said single family home and lands is contained in Exhibit
“A” which is incorporated herein;
4. That the City of Muskego will acquire fee simple title for said single family
home and lands as indicated on Exhibit "A".
BE IT FURTHER RESOLVED, that it is not the intention of the City of Muskego
to utilize condemnation or powers of eminent domain for the purchase of this property.
This resolution is a mechanism to start the purchase process only. If a willing
seller/willing buyer purchase agreement cannot be made between the parties initially,
the City of Muskego will not pursue the ultimate condemnation or eminent domain
process, as this procedure is not the method approved by the Common Council for this
property unless the Council takes further action to approve condemnation or eminent
domain.
BE IT FURTHER RESOLVED, that the Mayor is authorized to approve and sign
an offer to purchase for the purchase up to the appraised value of the property.
Passed and approved this 10th day of February, 2015.
th
I hereby certify that on the _10 day of February, 2015, the within Relocation
Order was adopted by a vote of 7 ayes to 0 nays and 0 abstention by the
Common Council of the City of Muskego, Waukesha County, Wisconsin.
APPROVED: CITY OF MUSKEGO
______________________________
Kathy Chiaverotti, Mayor
ATTEST:
_______________________________
Sharon Mueller, Clerk
2