City of Oak Creek

Common Council Report

Meeting Date:  12/16/03

Item No.:5

Recommendation:  That the Common Council consider:

1. Resolution No. 10326-121603, a Resolution Approving a Storm Drainage Easement between Atlas Affordable Housing Partners XI Limited Partnership and the City of Oak Creek.

2. Resolution No. 10327-121603, a Resolution Authorizing Acceptance of a Warranty Deed from Atlas Affordable Housing Partners XI Limited Partnership and authorizing the City Clerk to execute the Real Estate Transfer Return on behalf of the City.

3. Resolution No. 10328-121603, a Resolution Approving Release of a Storm Sewer Easement for property at 8435 S. Chicago Road.

4. Resolution No. 10329-121603, a Resolution Regarding the Release of Storm Drainage Easements for property at 8435 S. Chicago Road.

5. Resolution No. 10323-121603, a Resolution Approving a Development Agreement with Ashbury Woods I Limited Partnership.

6. Resolution No. 10330-121603, a Resolution Releasing Ashbury Woods Development LLC from their Development Agreement.

Further that the Common Council agree to write off an invoice totaling $4,200.00 for soil testing changes related to the property contingent on dismissal of the lawsuit brought against the City by Atlas and that the Common Council approve dismissal of Milwaukee County Circuit Court Case No. 01CV010535.

Background:  The development of property located at 8435 South Chicago Road and owned by Atlas Housing Partners XI Limited Partnership has been the subject of substantial litigation and several development proposals over the past decade.  Following Common Council approval of the most recently submitted Development Plan, the Plan Commission has approved the site plan for Ashbury Woods.  Both these approvals anticipated that the property in question be purchased by Jack Collier from Atlas Affordable Housing Partners XI Limited Partnership.  Mr. Collier will be the developer as Ashbury Woods I Limited Partnership.  In order to fully implement the agreement and in order to settle pending litigation, the City will be receiving title to approximately 1.3 acres of land from Atlas.  Atlas is granting a drainage easement to the City for a portion of the Lake Forest Detention Basin, the City is releasing easements no longer needed and the City is approving a development agreement. 

A lawsuit remains pending in Milwaukee County Circuit Court at this time.  That lawsuit  involved a claim for trespass brought by Atlas because the City’s detention basin encroaches on land owned by Atlas.  Atlas claimed damages of approximately $100,000.00 related to the trespass.  The City responded to that lawsuit by bringing eminent domain proceedings to acquire the land and the easement in question.  The lawsuit has been on hold for some time as the settlement discussions ensued.  The parties have agreed to settle their differences and allow development

of the property according to the site plan which was recently approved by the Plan Commission provided that the City forgives the invoice of $4,200.00 for soil testing.  Enclosed is a copy of my memorandum, dated September 15, 2003 to Wayne St. John and Doug Seymour which outlines the steps needed to be taken to effectuate this settlement agreement.  The aforementioned resolutions will take care of settling this matter.

Fiscal Impact:  Recent data has suggested that any condominiums constructed within this development would have a positive impact on the City and School District and will contribute more than $220,964.00 in impact fees.

Respectfully submitted,

Lawrence J. Haskin

                                                                        City Attorney

Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk