2001-170RESOLUTION NO. 2001 - 170
A Resolution authorizing the City ofJanesville's expenditure andpayment of
$7,500 to the Town of Rock for the Town 's purchase of a drainage easement for public
purposes that benefit the City.
Whereas, Bill MacFarlane is the owner of certain real property located in the Town of
Rock and outside the City of Janesville, including, but not limited to, approximately 8.8
acres of land, the latter of which the State of Wisconsin, Town of Rock, and City of
Janesville desire to use for public drainage easement and related purposes as part of the
State of Wisconsin Highway 11 Bypass Project; and
Whereas, the Common Council of the City of Janesville previously authorized the
Highway 11 Bypass Project Plan with the Wisconsin Department of Transportation when
the City Council authorized Resolution No. 2001-112 on January 8, 2001; and
Whereas, to solve the property owner's drainage concems, the Town of Rock negotiated
the purchase of an easement from Bill McFarlane, the property owner, and shall obtain a
perpetual drainage easement for all pertinent and related purposes from the property
owner; and
Whereas, the Town of Rock, State of Wisconsin and the City of Janesville have
negotiated a settlement of the dispute and resolution of the drainage issue(s) with the
affected property owner, and an agreement splitting the $22,500 cost of the easement
acquisition purchase price to be shared equally three ways amongst the Town, State and
City, for an individual contribution and payment in the amount of $7,500 each; and
Whereas, the City will pay the State's individually share, and the State will credit this
payment against what the City owes to the State for the City's local share of the Highway
11 Bypass project; and
Whereas, the City finds the acquisition and use of such public easement to be held in fee
and trust by the Town of Rock for the purposes and benefit of all three governmental
agencies to he of benefit to the public and for the public good; and
Whereas, such contribution payment by the City is authorized as an inttergovemmental
agreement, pursuant to Sections 66.0101 and 66.0301, Wis. Stats., and other applicable
provisions of law; and
Whereas, the City funds are intended to, and shall, come from the 2002 proposed City
Note Issue; this project and resolution, therefore, is an expression of the Common
Council intent to so fired this project and payment.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Janesville that all recitals above are ratified and incorporated herein; the City
Administration, on behalf of the City, is hereby authorized to enter into the three party
(Town, State and City) governmental easement acquisition and cost sharing and payment
agreement in the manner set forth above; settle the dispute and contribute $7,500 to the
Town of Rock for the Town's purchase of a drainage easement for public purposes fi.om
the affected property owner(s); pay the State's share and have the State credit such City
payment against the City's share of the Highway 11 Bypass project; with the intent to
fund such payment(s) from the 2002 City Note Issue; and
BE IT FURTHER RESOLVED by the Common Council of the City of Janesville that
the City Manager be authorized to execute a Project Agreement and/or amendments
thereto with the Wisconsin Department of Transportation and take any other action as
may be necessary to implement and complete the drainage easement and agreement
described herein for the Highway 11 Bypass project; and
BE IT FURTHER RESOLVED that the City Manager and his designee(s), on behalf of
the City of Janesville, is/are hereby authorized and empowered to negotiate, draft,
modify, review, execute, and enter into additional agreements, payments, and record, file
and/or make minor modifications and/or amendments to any and all documents, papers,
forms and agreements, and to take whatever other actions as the City Manager may
determine, fi.om time to time and at any time, necessa-,7 and/or desirable to effectuate the
intent of this Resolution and/or project.
ADOPTED: June 11, 2001
APPROVED/ .
~'t~velt"E. Sheiffer, City
Jcl'Ann Wulf, CiO Clerk-Treasurer
APPROVED nS TO POW: ,qTa..,
City Attorney '
Proposed by: City Administration
Prepared by: City Attorney
MOTION BY: 0' Leafy
SECOND BY: Murphy
COUNCILMEMBER AYE NAY PASS ABSENT
DAMRON X
WILLIAMS X
O'LEARY X
DeGARMO X
BRIEN X
MURPHY X
STEEBER X