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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