2006-241
RESOLUTION NO. 2006-241
A Resolution authorizing the City Manager to acquire by purchase real property
located at 15 West Centerway for the Centerway (U. S. Highway 51) Improvement
Project.
WHEREAS, the Janesville City Council has previously approved the Transportation
Project Plat (Relocation Order) for the Centerway (U. S. Highway 51) Improvement
Project and has authorized the City Manager to begin the process of acquiring property
for this roadway improvement in the name of the State of Wisconsin for purposes in
accord with this project; and
WHEREAS, it is necessary for the City of Janesville to acquire 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; and
WHEREAS, Midwest Hydro Inc. owns the real property located at 15 West Centerway,
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 has negotiated an offer to purchase 102 square
feet of land, and a Temporary Limited Easement to grade slopes and driveways of 274
square feet, as shown in attached Exhibit A, contingent upon Common Council approval
as the means to acquire the Midwest Hydro property in the amount of Eight Hundred
Ninety-Five and no/Dollars ($895.00); and
WHEREAS, the acquisition, plan 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 Section 62.22 and other related provisions of the Wisconsin Statutes,
and it is 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 from the owner, Midwest Hydro Inc., in accord
with the plan, offer to purchase and public purposes; and
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, Midwest Hydro, Inc. 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
Councilmember Aye Nay Pass Absent
Brunner X
Brien X
Williams X
Wellnitz, Tim X
Wellnitz, Tom X
DeGarmo X
Addie X
APPROVED:
ATTEST:
APPROVED AS TO FORM:
l/V(L I c\ rCi' vvt( ZJ)~·
City Attorney ,
Proposed by: City Administration
Prepared by: Community Development Planner
Exhibit A
LEGAL DESCRIPTION
Fee Title in and to the following tract of land being part of Lot 25, 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 S 42°50'24" E, 74.17 feet;
Thence N 05°01 '50" E, 38.61 feet;
Thence N 45°55'06" E, 87.96 feet;
Thence N 42°50'24" W, 71.89 feet;
Thence northeasterly 113.73 feet along the arc of a curve to the right, having a radius of 412.72 feet (the
long chord is which bears N 21 °09'57" E, 113.37 feet);
Thence N 88°30'40" E, 18.46 feet;
Thence N 32°24'16" E, 68.25 feet;
Thence N 02°26'10" W, 17.85 feet;
Thence N 45°48'46" E, 106.46 feet;
Thence N 33°51 '54" E, 73.37 feet;
Thence N 42°35'06" E, 43.31 feet to Point "110", also being the point of beginning;
Thence S 42°35'06" W, 37.92 feet;
Thence N 65°13'59" W, 5.63 feet;
Thence N 50°17'25" E, 40.00 feet to the point of beginning.
Also, 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 25, 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:
Beginning at Point "110" in the above described traverse;
Thence N 50°17'25" E, 18.00 feet;
Thence S 39°42'35" E, 5.00 feet;
Thence S 50°17'25" W, 17.66 feet;
Thence S 42°35'06" W, 35.97 feet;
Thence N 65°13'59" W, 5.25 feet;
Thence N 42°35'06" E, 37.92 feet to the point of beginning.
Now identified as Parcel 4 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.
Together with all other rights and interests as set forth, forming and being a part of Parcel 4:
Temporary Limited Easement
A temporary limited easement identified as 4 as shown on said plat; by the temporary limited
easement symbol, said easement to terminate on the date this project is completed or on December 31,
2008, whichever comes first.
Project J.D. 5351-01-22
Parcel 4