2006-244
RESOLUTION NO. 2006-244
A Resolution Authorizing the City's Acquisition by Eminent Domain or Otherwise of
Certain Real Estate Property Located at 221 North Franklin Street (referred to for City
Purposes As Parcel 2, (Donahue) in the name of the State of Wisconsin for the Centerway
(U. S. Highway 51) Improvement and Related Public Purpose(s} Project.
WHEREAS, the Janesville Common Council in Resolution No. 2005-206 on the 26th Day of
September, 2005 have previously approved the Transportation Project Plat (Relocation Order)
for the Centerway (U. S. Highway 51) Improvement Project, a public purpose project authorized
pursuant to Sections 62.22, 62.23(17), 66.0101, Chapter 32, and other pertinent provisions of
the Wisconsin Statutes, for highway and related public purposes, and has approved a
Transportation Project Plat which was filed by the State of Wisconsin with the Register of Deeds
for Rock County, Wisconsin, for the Project identified in the caption to this Resolution; and
WHEREAS, the State of Wisconsin has contracted in writing with the City of Janesville to act as
the State's agent in acquiring all of the properties necessary for this public highway widening
and improvement project in the name of the State of Wisconsin including, but not limited to, the
fee title for this specific parcel and related temporary limited construction easements, if any, as
set forth in the attachment(s) hereto; and
WHEREAS, this taking by eminent domain is in the name of the State of Wisconsin but
effectuated by actions of the City of Janesville hereby authorized; and
WHEREAS, it is hereby determined necessary for the State of Wisconsin to acquire fee title to
various land and land interests for the Centerway (U. S. Highway 51) and Related Public
Purposes(s) Project, City of Janesville, Rock County, Project I.D. 5351-01-22, as approved by
the Wisconsin Department of Transportation, including but not limited to this specific property;
and
WHEREAS, the necessity, acquisitions, plan, 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, the City Administration to date for this public improvement project has attempted
unsuccessfully to negotiate the voluntary sale of a parcel of real property, or portions and
interests thereof located at 221 North Franklin Street in the City of Janesville, County of Rock,
State of Wisconsin legally described as:
1. Fee title to the following lands:
(See Attachment A which is incorporated herein as if fully set forth
verbatim.)
2. A temporary limited easement affecting the following lands:
(See Attachment A which is incorporated herein as if fully set forth
verbatim.)
for this project; and
WHEREAS, the funding for this acquisition shall be by the State of Wisconsin; and
WHEREAS, the estimated appraised fair market value of the property is $20,280.00, and
Richard Donahue is the current owner of record of said parcel; and
WHEREAS, acquiring these parcels of real property or interests therein for the public purpose of
accomplishing necessary transportation improvements and related public purposes is
authorized by law, 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
the City Administration of the City of Janesville is hereby authorized and directed to acquire fee
title in the name of the State of Wisconsin to the above described real property(ies) from the
respective owner(s) of record and from any and all other persons or entities who have or may
have an interest in said real estate in any manner authorized by law, including, but not limited
to, eminent domain, for such legitimate public purposes; 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 additional, other and/or amended
contracts, documents, negotiations and/or agreements, including, issuance and delivery of a
Jurisdictional Offer in the amount of $20,280.00 (or such other amount as approved by the
Wisconsin Department of Transportation) for the fee title interest and temporary limited
easements in the parcel identified in the caption to this Resolution, and to take such other
actions as the City Manager and/or his designee(s) may deem necessary and/or desirable to
effectuate the intent of this Resolution on behalf of the City of Janesville and State of Wisconsin.
ADOPTED: April 10, 2006
Motion by: Williams
Second by: Brunner
Councilmember Aye Nay Pass Absent
Brunner X
Brien X
Williams X
Wellnitz, Tim X
Wellnitz, Tom X
DeGarmo X
Addie X
AP~~
Steven E. Sheiffer, City Manager
ATTEST:
Jea
Proposed by:
Prepared by:
Public Works Director
Community Development Planner
Exhibit A
LEGAL DESCRIPTION
Fee Title in and to the following tract of land being part of Lots 60 and 61, 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 to Point "117", also being the point of beginning;
Thence N 42°50'24" W, 23.11 feet;
Thence N 19°36'56" E, 80.95 feet;
Thence N 45°55'06" E, 44.00 feet;
Thence S 42°50'24" E, 24.00 feet;
Thence S 88°30'40" W, 18.46 feet;
Thence southwesterly 113.73 feet along the arc of a curve to the left, having a radius of 412.72 feet
(the long chord is which bears S 21 °09'57" W, 113.37 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 Lots 60 and 61, 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:
Beg inning at Point "117" in the above described traverse;
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 S 42°50'24" E, 13.32 feet;
Thence S 88°30'40" W, 21.50 feet;
Thence S 20°16'51" W, 111.68 feet;
Thence N 42°50'24" W, 12.12 feet to the point of beginning.
Now identified as Parcel 2 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 2:
Temporary Limited Easement
A temporary limited easement identified as 2 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 LD. 535] -0] -22
Parcel 2