2011-788 RESOLUTION NO. 2011 -788
A resolution authorizing the acceptance of a right -of -way dedication at 3377
Milton Avenue and the acceptance of a separate deed held in trust adjoining
property located at 3359 Milton Avenue for a public frontage road extension.
WHEREAS, the City of Janesville and Marwood Corporation entered into an escrow
agreement on January 6, 1999, providing an executed quit claim deed for a public
frontage road conveyance to be held in escrow by the City Attorney; and
WHEREAS, said quit claim deed would dedicate as right -of -way to the City of Janesville
a 10 -foot wide parcel of land to extend the Milton Avenue frontage road north to a
frontage road to be constructed and dedicated to the City upon the property located at
3377 Milton Avenue as described in "Attachment A "; and
WHEREAS, BLM Land, LLC, owner of adjoining property to the north located at 3377
Milton Avenue, proposes to dedicate as public right -of -way a 30 -foot wide strip of land
adjacent to Milton Avenue extending from the south property line north to Morse Street
as described in "Attachment B "; and
WHEREAS, the proposed BLM Land, LLC dedication of land upon 3377 Milton Avenue
would satisfy the condition(s) precedent in the aforementioned escrow agreement
between the City and Marwood Corporation granting the City Attorney the authority to
record the quit claim deed; and
WHEREAS, the Janesville Plan Commission reviewed and voted to approve a
conditional use permit for a proposed gasoline /convenience store and restaurant with
drive -up window subject to City Council: (1) acceptance of the deed held in trust, and
(2) the conveyance of land for public right -of -way at 3377 Milton Avenue; and
WHEREAS, the acceptance and recording of said conveyances for public right -of -way
purposes will facilitate traffic circulation improvements which benefit this specific area of
City, the City as a whole, the community, and its citizens; and
WHEREAS, the Janesville Plan Commission reviewed this proposed land acquisition in
combination with their approval of the conditional use permit at their meeting on 3
January, 2011 recommending approval, but not commenting upon the financial aspects
of the proposed transactions; and;
WHEREAS, the Common Council of the City of Janesville hereby find these two matters
and proposed conveyances are of benefit to, and in the best interests of, the specific
area and the City.
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of
Janesville, that they hereby approve and authorize the City of Janesville's acceptance
of said conveyances from the respective owners of property adjoining Milton Avenue
south of Morse Street; and
y .
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
agreements, forms, conveyances; documents, and amendments thereof; and take all
other action(s) concerning these two property conveyances and related matters as the
City Manager may, from time to time and at any time, decide necessary and /or
desirable to effectuate the intent of this resolution.
ADOPTED: May 9, 2011 Motion by: Steeber
Second by: Voskuil
APPROV _D: Y Councilmember Aye Nay Pass Absent
'` / Brunner X
A . 'i Dongarra -Adams X
E- Lev' ' ity Manager Liebert X
McDonald X
ATTES . Rashkin X
t �� �/ Steeber X
Voskuil X
Jea nn Wulf, City Clerk- Treasure
APPROVED AS TO FORM:
‘fiale(W
Wald Klimczyk, City Attorney
- Proposed by: Community Development Department
Prepared by: Community Development Department
and City Attorney