2011-766 RESOLUTION NO. 2011-766
A resolution authorizing the acquisition of land from the Naatz Family Trust adjoining the
bicycle and pedestrian trail east of N. Wright Road and just north of Ruger Avenue.
WHEREAS, the City of Janesville owns and maintains a bicycle and pedestrian trail
facility located on property designated as public greenbelt between N. Wright Road and
Wuthering Hills Drive just north of Ruger Avenue; and
WHEREAS, property south and adjoining the public greenbelt and trail facility in this
area is owned by the Naatz Family Trust; and
WHEREAS, during a property assessment evaluation process, the City of Janesville
discovered that a portion of the bicycle and pedestrian trail encroaches onto the Naatz
Family Trust property adjoining the public greenbelt; and
WHEREAS, the City Administration notified members of the Trust of the encroachment
to present various means to correct the error, including outright purchase of the land
encompassing said encroachment, and;
WHEREAS, a plat of survey as set forth in Attachment "A" describes portions of two
separate parcels containing 2,787 sq.ft. and 1,537 sq.ft, respectively, which the City
proposes to purchase from the Naatz Family Trust in the total amount of $5,000 for both
parcels, and;
WHEREAS, the Janesville Common Council finds it to be in the City's best interest and
of benefit to the community and City to purchase the land encompassing the bicycle and
pedestrian trail encroachment on a portion of the Naatz property as legally described in
Attachment "B "; and
WHEREAS, Sections 62.11(5) and 62.22(1) of the Wisconsin Statutes and other
provisions of law permit the City's acquisition and conveyance of such parcels of land;
and
WHEREAS, the Janesville Plan Commission reviewed this proposed land acquisition at
their meeting on the 3rd day of January 2011, and on a vote of 5 -0 found this land
acquisition to be consistent with City Plans though not commenting on the financial
aspects of this transaction;
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 designee,
to acquire land from the Naatz Family Trust adjoining the bicycle and pedestrian trail
east of N. Wright Road on behalf of the City of Janesville, as the City Manager may
deem necessary or desirable to effectuate the intent of this resolution.
BE IT FURTHER RESOLVED, that the City Manager and his designees may, from time
to time, negotiate, draft, amend, execute, and enter into said purchase, agreements,
contracts, and amendments thereto pertaining to the property; and to take
RESOLUTION NO. 2011 -766
PAGE 2
such other action as the City Manager may deem necessary and /or desirable for the
public good concerning this matter and /or to effectuate the intent of this resolution.
ADOPTED: January 24, 2011 Motion by: Steeber
Second by: Perrotto
APP P: / ` Councilmember Aye Nay Pass Absent
/ - � Brunner X
: is - McDonald X
Eri "vitt, City Manager Perrotto X
Rashkin X
A EST: Steeber X
Truman X
Voskuil
X
Jean n Wulf, City Clerk- Treasurer
APPROVED AS TO FORM:
City Attorney Wald Klimczyk -
Proposed by Community Development Department
Prepared by: Community Development Department
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QUIT CLAIM DEED
NAATZ FAMILY TRUST/ROBERT L. NAATZ
TAX PARCEL IDENTIFICATION NO. 0233100002
PAGE 2 OF 3 —13 DECEMBER 2010
PART OF THE NW 1/4 OF THE NW 1/4 OF SECTION 33, T.3N., R.13E, OF THE 4
P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Conunencing at a limestone monument at the North 1/4
Corner of said Section; thence N.88 °44' 19 "W. along the North Line of the NW 1/4 of
said Section, 1519.17 feet to an iron pin at the NW Corner of Outlot 1 of a Certified
Survey Map recorded in Volume 21, Pages 190 thru 192 of Certified Survey Maps of
Rock County, Wisconsin as Document No. 1369367; thence S.11 °42'36 "W. 220.81 feet
to an iron pin at the SW Corner of said Outlot; thence S.68 °29'39 "E. along the South
Line of said Outlot, 158.44 feet to an iron pin at the place of beginning for the land to be
herein described; thence S.68 °29'39 "E. 100.00 feet to an iron pin on the West Line of
NE 1/4 of the NW 1/4 of said Section; thence S.0° 13' 12 "E. along said West Line, 30.00
feet to an iron pin; thence N.68 °29'39 "W. 100.00 feet to an iron pin; thence
N.0°13' 12 "W. 30.00 feet to the place of beginning. Parcel contains 2787 square feet,
more or less, and is shown as "PARCEL A" on the attached Plat of Survey dated
November 18, 2010.
NOTE: The above description is for the transfer of land between adjoining owners
and cannot be transferred as a separate parcel.
NOTE: The above description is subject to any and all easements and
agreements, recorded or unrecorded.
QUIT CLAIM DEED
NAATZ FANIILY TRUST/ROBERT L. NAATZ
TAX PARCEL IDENTIFICATION NO. 0233100003
PAGE 2 OF 3 —13 DECEMBER 2010
PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 33, T.3N., R.13E. OF THE 4TH
P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at a limestone monument at the North 1/4
Corner of said Section; thence N.88 °44' 19 "W. along the North Line of the NW 1/4 of
said Section, 1519.17 feet to an iron pin at the NW Comer of Outlot 1 of a Certified
Survey Map recorded in Volume 21, Pages 190 thru 192 of Certified Survey Maps of
Rock County, Wisconsin as Document No. 1369367; thence S.11 °42'36 "W. 220.81 feet
to an iron pin at the SW Corner of said Outlot; thence S.68 °29'39 "E. along the South
Line of said Outlot, 258.44 feet to an iron pin on the West Line of the NE 1/4 of the NW
1/4 of said Section, also being at the place of beginning for the land to be herein
described; thence S.68 °29'39 "E. continuing along said South Line and the South Line of
the Public Greenbelt dedicated to the public on "Brentwood Hills North ", 94.55 feet to an
iron pin; thence S.89 °46'45 "W. 87.84 feet to an iron pin on the West Line of the NE 1/4
of the NW 1/4 of said Section; thence N.0 °13' 12 "W. along said West Line, 35.00 feet to
the place of beginning. Parcel contains 1537 square feet, more or less, and is shown as
"PARCEL B" on the attached Plat of Survey dated November 18, 2010.
NOTE: The above description is for the transfer of land between adjoining owners
and cannot be transferred as a separate parcel.
NOTE: The above description is subject to any and all easements and
agreements, recorded or unrecorded.