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2006-240 RESOLUTION NO. 2006-240 A Resolution authorizing the City to acquire by purchase on behalf and in the name of the State of Wisconsin real property located at 300 North River Street for the Centerway (U. S. Highway 51) Improvement Project. WHEREAS, the Janesville Common Council have previously approved the Transportation Project Plat (Relocation Order) on the 26th Day of September, 2005 for the Centerway (U. S. Highway 51) Improvement Project and have authorized the City Manager to begin the process of acquiring property for this state roadway improvement project in the name of the State of Wisconsin for purposes in accord with this project; and WHEREAS, it is hereby determined that in the furtherance of this public purpose and public project that it is necessary for the State of Wisconsin to acquire fee title to various land and land interests for the Centerway (U. S. Highway 51) Improvement Project, City of Janesville, Rock County, Project I.D. 5351-21-22, as approved by the Wisconsin Department of Transportation including, but not limited to, this specific property; and WHEREAS, the State of Wisconsin has contracted in writing with the City of Janesville to act as the State's agent in acquiring these properties on the Department of Transportation's and State's behalf; and WHEREAS, Adeline Riesterer is the record owner of the real property located at 300 North River Street, Janesville, WI, which is on the selected route for this transportation project as previously approved by the Janesville City Council in Resolution No. 2005- 206 approved and adopted on the 26th day of September, 2005; and WHEREAS, The City Administration on behalf of the State has negotiated an offer to purchase a Temporary Limited Easement of 675 square feet to grade slopes, as shown in attached Exhibit A, contingent upon Common Council approval as the means to acquire the Riesterer property in the amount of Four Hundred Five and no/Dollars ($405.00); and WHEREAS, the necessity, acquisition, plan, and public project and use(s) were properly reviewed and approved by the Janesville Plan Commission after public hearing thereon on the 19th day of September, 2005, but without review, comment or recommendation concerning the financial aspects of this transaction; and WHEREAS, acquiring this property for such public transportation and related purposes is authorized by Sections 62.22,32.05 and 32.07and other related provisions of the Wisconsin Statutes, and it is hereby found to be in the best interest of the City and of benefit to the Community. · "./ 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 designees to purchase and acquire said property in the name of the State of Wisconsin from the owner, Adeline Riesterer and from any and all other persons or entities who have or may have an interest in said real estate; in accord with the plan, offer to purchase, public purposes, and City agreement with the State; and BE IT FURTHER RESOLVED that the City Manager and his designee(s) may, from time to time, negotiate, draft, amend, execute and enter into such contracts, documents, and agreements and take such other actions as the City Manager and/or his designees may deem necessary or desirable to effectuate the intent of this resolution. ADOPTED: January 23, 2006 Motion by: Williams Second by: Addie Council member Aye Nay Pass Absent Brunner X Brien X Williams X Wellnitz, Tim X Wellnitz, Tom X DeGarmo X Addie X APPROVI;:D. AS TO ~ /1/ ,h( City Attorney I Proposed by: Prepared by: City Administration Community Development Planner Exhibit "A" LEGAL DESCRIPTION A temporary limited easement for slopes, including for such purpose the right to operate the necessary equipment thereon and the right of ingress and egress as long as required for such public purpose, including the right to preserve, protect, remove, or plant thereon any vegetation that the highway authorities may deem desirable to prevent the erosion of the soil. This easement is to terminate on the date this project is completed or on December 31, 2008 whichever comes first. Said easement consists of the owner's interest in the following tract of land in Lot 26, Water Power Subdivision, located in the Northwest 1/4 of the Northwest 1/4 of Section 36, T3N, R12E, City of Janesville, Rock County, Wisconsin: Commencing at an aluminum monument at the northwest corner of said Section 36; Thence S 89°42'29" E, 1002.94 feet; Thence S 01°17'31" W, 1159.08 feet; Thence N 42°50'24" W, 116.00 feet; Thence N 45°54'11" E, 67.30 feet; Thence N 16°43'35" E, 57.16 feet; Thence N 27°40'05" E, 122.80 feet; Thence N 42°48'35" E, 66.19 feet; Thence N 45°55'06" E, 117.45 feet; Thence N 56°31 '29" E, 60.86 feet to the point of beginning; Thence N 43°10'34" W, 5.00 feet; Thence N 46°39'50" E, 134.99 feet; Thence S 43°20'1" E, 5.00 feet; Thence S 46°39'50" W, 135.00 feet to the point of beginning. Now identified as Parcel 6 of Transportation Project Plat 5351-01-22-4.01 recorded as Document Number 1719674, on August 23, 2005 in the Rock County Office of the Register of Deeds, further described as follows: A temporary limited easement as shown on said plat as to said parcel 6; by the temporary limited easement symbol, for slopes, said temporary interest is to terminate on December 31, 2008 or on the date the construction of this project is completed, whichever occurs first. Project I.D. 5351-01-22 Parcel 6