File #: 18-0332    Version: 1 Name:
Type: Agenda Item Status: Approved
File created: 6/13/2018 In control: Budget and Project Management
On agenda: 6/26/2018 Final action: 6/26/2018
Title: Consider and take action on a resolution determining a public necessity to acquire real property interests in certain properties for the PK 1703 Claremont Connector Hike & Bike Trail Project and authorizing the use of eminent domain powers for the acquisition of real property interests in the properties (Director of Budget & Project Management).
Attachments: 1. Data Sheet, 2. Proposed Resolution, 3. Attachment 1: Proposed Easement Survey, 4. Attachment 2: GIS Aerial of Proposed Easement, 5. Exhibit 3: VOCC Claremont Connector Trail
Title
Consider and take action on a resolution determining a public necessity to acquire real property interests in certain properties for the PK 1703 Claremont Connector Hike & Bike Trail Project and authorizing the use of eminent domain powers for the acquisition of real property interests in the properties (Director of Budget & Project Management).

Background:
Approval of this resolution establishes the public necessity to acquire real property interests in certain properties, and authorizes the use of eminent domain powers, if necessary, for the acquisition of real property interests in the properties.

The following is a brief timeline of communications with the Village of Oak Creek Colony (VOCC) Homeowner’s Association (the property owner):

· June 6, 2017: A joint kick-off meeting was held with five Homeowner Associations (HOA) to discuss the project and required easements. The project was requested by four of the HOAs (not VOCC) to connect the neighborhoods’ multi-use paths to the broader, city-wide trail system.

· June 6, 2017: The City requested an 18-foot wide by 525-foot long easement be donated by the VOCC HOA during the kick-off meeting. This easement is between the other two neighborhoods & is required for overall project cohesion.

· August 3, 2017: The VOCC HOA Board reviewed the trail project during a board meeting. The Board had additional questions regarding the trail connection to Gilmore Elementary School, who would be providing maintenance, and how/if the City would be willing to provide compensation for incurring additional costs for the special vote, mailouts and a 3rd party attorney to review the agreements.

· November 14, 2017: City staff met with the VOCC HOA representative onsite to review the proposed trail alignment. The HOA representative discussed again during a January board meeting and proposed a resident vote the following month.

· March 21, 2018: A consultant from Clark Condon was invited to present at the VO...

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