2013-1028 REVISED RESOLUTION NO. 2013 -1028
A resolution vacating a public access easement and public roadway for a frontage road
near Morse Street and Milton Avenue.
WHEREAS, a public access easement and public roadway hereinafter designated and
previously dedicated for a frontage road is hereby determined to be no longer needed
for public use, and therefore, the public interest requires the vacation of such public
access easement and public roadway; and
WHEREAS, it has been determined that the traffic flow will not be impeded by the
vacation of such public access easement and public roadway; and
WHEREAS, the proposed public access easement and public roadway vacation has
been referred to the Plan Commission for its consideration and report as required by
62.23(5), Wisconsin Statutes; and
WHEREAS, the public hearing was held on vacation of such public access easement
and public roadway and notice required by Wisconsin Statutes 66.1003 has been timely
published and served; and
NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF JANESVILLE that the following described public access easement and public
roadway be and is hereby vacated and discontinued pursuant to 66.1003 and 62.22(Im),
Wisconsin Statutes:
Parcel 1 [Public Access Easement]:
Part of Lot 3 of Certified Survey Map Document No. 1777507 as recorded in Volume 30,
Pages 333 -342 of Certified Survey Maps of Rock County, situated in part of the N.E.
of Section 18, T.3N., R.13E. of the Fourth P.M., City of Janesville, Rock County,
Wisconsin, described as follows: Commencing at the Northwest comer of Lot 3
aforesaid; thence North 90 East along the Southerly right -of -way of Morse Street
101.98 feet; thence South 53 East along said right -of -way 75.51 feet to the Point
of Beginning of the easement area herein described; thence continuing along said right -
of -way South 53 East 35.00 feet; thence South 36 West 4.50 feet; thence
South 8 East 7.78 feet; thence South 53 East 141.32 feet to a point of
curve; thence Southeasterly 29.50 feet along the arc of a curve to the right having a
radius of 60.00 feet and a chord bearing South 39 ° 27'21" East 29.21 feet; thence South
24 ° 52'53" West 56.00 feet; thence North 14 ° 38'31" East 16.53 feet to a point of curve;
thence Northwesterly 42.84 feet along the arc of a curve to the left having a radius of
36.00 feet and chord bearing North 19 West 40.36 feet; thence North 53
West 181.81 feet; thence North 36 East 34.00 feet to the Point of Beginning.
RESOLUTION NO. 2013 -1028
PAGE 2
Parcel 2 [Public Roadway]:
Part of Lot 3 of Certified Survey Map Document No 1777507 as recorded in Volume 30,
Pages 333 -342 of Certified survey maps of Rock County, situated in part of the N.E.
of Section 18, T. 3 N., R 13 E. of the Fourth P.M., City of Janesville, Rock County,
Wisconsin, described as follows: Beginning at the Southeast Comer of Lot 3, aforesaid;
thence North 87 ° 48' 06" West along the South line of said Lot 3 a distance of 32.52
feet; thence North 24 52' 53" East 117.18 feet to the Southwesterly right -of -way line of
Morse Street; thence South 53 33' 10" East along said right -of -way 23.22 feet; thence
South 30 ° 20' 51" East along said right -of -way 8.83 feet to the Northwesterly right -of-
way of S.T.H. 26 (Milton Avenue); thence South 24 ° 52' 53" West along said right -of-
way 94.95 feet to the Point of Beginning.
Parcel 3 [Public Roadway]:
Part of the NE % of the SE 4 of Section 18, T.3N., R.13E. of the 4 P.M., City of
Janesville, Rock County, Wisconsin, described as follows: Commencing at the
northeast comer of Lot 1 of a Certified Survey Map Document Number 1385961 as
recorded in Volume 21, Pages 364 -367 of Certified Survey Maps of Rock County,
Wisconsin and the point of beginning for the land herein described; thence
S.25 "W 10.85 feet to the north line of an access road dedicated by said Certified
Survey Map; thence N.87 W. 32.56 feet along the north line of said access road;
thence N.25 "E 10.85 feet more or less to the north line of said Lot 1; thence east
along the north line of said Lot 1, 32.56 feet more or less to the northeast comer of said
Lot 1 and the point of beginning.
Parcel 4 [Public Roadway]:
PART OF DEDICATED PUBLIC ACCESS ROAD ON A CERTIFIED SURVEY MAP
RECORDED IN VOLUME 21, PAGES 364 THRU 367 OF CERTIFIED SURVEY MAPS
OF ROCK COUNTY, WISCONSIN AS DOCUMENT NO. 1385961; ALSO PART OF
THE NE 1/4 OF THE SE 1/4 OF SECTION 18, T.3N., R.13E. OF THE 4 P.M., CITY
OF JANESVILLE, ROCK COUNTY, WISCONSIN, DESCRIBED AS FOLLOWS:
Commencing at the East 1/4 Comer of said Section; thence N.87 °48'12 "W along the
North -South Centerline of said Section, 513.69 feet to the NE Comer of said Certified
Survey Map; thence S.25 °03'17 "W. along the East Line of said Certified Survey Map
10.85 feet to the place of beginning for the land to be herein described; thence
S.25 °03'17 "W. - along the East Line of said Certified Survey Map and its Southerly
extension, 199.18 feet; thence N.64 °56'43 "W. 30.00 feet to the West Line of an Access
Road; thence N.25 °03'17 "E. along said West Line, 186.53 feet to the North Line of said
Dedicated Public Access Road; thence S.87 °48'12 "E. along said North Line, 32.56 feet
to the place of beginning.
RESOLUTION NO. 2013 -1028
PAGE 3
BE IT FURTHER RESOLVED THAT THIS RESOLUTION SHALL ONLY BE
EFFECTIVE UPON THE CONVEYANCE OF FEE TITLE IN AND TO LOT 3 OF
CERTIFIED SURVEY MAP DOCUMENT NO. 1777507 FROM BLM LAND LLC TO
CFT DEVELOPMENTS, LLC OR ITS PERMITTED ASSIGNS.
BE IT FURTHER RESOLVED THAT pursuant to and in accordance with the provisions
of Section 66.1005(1), Wisconsin Statutes, upon the effective date of this Resolution
(the date of the conveyance of fee title in and to Lot 3 of Certified Survey Map
Document No. 1777507 from BLM Land LLC to CFT Developments, LLC or its
permitted assigns), (1) title to Parcel 2 shall revert to and vest in the then fee title owner
of Lot 3 of Certified Survey Map Document No. 1777507 (the property at 3377 Milton
Avenue) and Parcel 2 shall thereafter be annexed to said Lot 3; and (2) title to Parcels 3
and 4 shall revert to and vest in the then fee title owner of Lot 1 of Certified Survey Map
Document No. 1385961 (the property at 3359 Milton Avenue) and Parcels 3 and 4 shall
thereafter be annexed to said Lot 1.
ADOPTED: July 22, 2013 Motion by: Kealy
Second by: Severson
APPROVED: Councilmember Aye Nay Pass Absent
Farrell x
• Fitzgerald x
J- ob J. Win enz, Ac ^i Manager Kealy x
Liebert x
ATTEST: Marklein
Severson x
.(d-,ear L � / Voskuil x
- an Ann Wulf, City Clerk- Treasur. r
APPROVED AS TO FORM:
(1a107//9
City Attorney :
Proposed by: BLM Land _
Prepared by: Community Development Department - -
City of Janesville Resolution No. 2013 -1028 - Revised as of 06102013 - Clean Version - 408462