2006-243
RESOLUTION NO. 2006-243
A Resolution authorizing the City to acquire by purchase on behalf and in the
name of the State of Wisconsin real property located at 204 North Franklin 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 1.0.5351-21-22, 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, Cotton Mills Apts., LLC is the record owner of the real property located at
204 North Franklin 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 2,267 square feet of land and a Temporary Limited Easement to grade slopes
and driveways of 1,256 square feet, as shown in attached Exhibit A, contingent upon
Common Council approval as the means to acquire the Cotton Mills property in the
amount of Thirty Thousand and no/Dollars ($30,000.00); 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, Cotton Mills Apts. LLC, 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:
Januarv 23. 2006
Motion by: Williams
Second by: Addie
Councilmember Aye Nay Pass Absent
Brunner y
Brien y
Williams X
Wellnitz, Tim X
Wellnitz, Tom y
DeGarmo X
Addie X
APPROVED:
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Steven E. Sheiffer, City M aft¿
ATTEST:
APPROVED AS TO FORM:
1'\ Xlid
City Attórney
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Proposed by:
Prepared by:
City Administration
Community Development Planner
Exhibit A
LEGAL DESCRIPTION
Fee Title in and to the following tract of land being part of Lot 21, Smith and Bailey's Addition, 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 to Point "114", also being the point of beginning;
Thence N 42°50'24" W, 32.00 feet;
Thence N 45°55'06" E, 117.92 feet;
Thence S 43°10'34" E, 18.46 feet;
Thence S 45°48'46" W, 106.46 feet;
Thence S 02°26'10" E, 17.85 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 21, Smith and Bailey's
Addition, 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 "114" in the above described traverse;
Thence N 02°26'10" W, 17.85 feet;
Thence N 45°48'46" E, 106.46 feet;
Thence S 43°10'34" E, 10.00 feet;
Thence S 45°48'46" W, 101.81 feet;
Thence S 02°26'10" E, 25.12 feet;
Thence N 42°50'24" W, 15.43 feet to the point of beginning.
Now identified as Parcel 3 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 3:
Temporary Limited Easement
A temporary limited easement identified as 3 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 3