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2002-280RESOLUTION NO. 2002- 280 A Resolution authorizing the City Manager to acquire by purchase real property located at 1741 Adel Street for the Janesville Transportation Improvements Project. WHEREAS, the Janesville City Council has previously approved the right-of-way plat for the Janesville Transportation Improvements Project and has authorized the City Manager to file a Relocation Order with the Register of Deeds for Rock County, Wisconsin for Transportation purposes in accord with this project; and WHEREAS, it is necessary for the City of Janesville to acquire various land and land interests for the Janesville Transportation Improvements Project, City of Janesville, Rock County, Project I.D. 5990-03-52, as approved by the Wisconsin Department of Transportation; and WHEREAS, Kandu owns the real property located at 1741 Adel Street, Janesville, WI, which is on the selected route for this transportation project as.previously approved by the Janesville City Council in Resolution No. 2001-17 l approved and adopted on the 25"' day of June, 200 l; and WHEREAS, The City Administration has negotiated an offer to purchase 0.72 acres of land and a Temporary Interest for the right to grade slopes on 0.21 acres, contingent upon Common Council approval as the means to acquire the Kandu property in the amount of Thirty-Three Thousand Eight Hundred and no/100 ($33,800.00) Dollars; and WHEREAS, the acquisition, plan and use(s) were properly reviewed and approved by the Janesviile Plan Commission after public hearing thereon on the 15th day of October, 2001, but without review, comment or recommendation concerning the financial aspects of this transaction; and WHEREAS, acquiring this property for such public transportation and related purposes is authorized by Section 62.22 and other related provisions of the Wisconsin Statutes, and it 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 they hereby authorize and direct the City Manager and/or his designees to purchase and acquire said property from the owner, Kandu, in accord with the plan, offer to purchase and public purposes; and BE IT FURTHER RESOLVED that the City Manager and his designee(s) may, from time to time, negotiate, draft, amend, execute, record and enter into such other contracts, documents, and agreements and take such other actions as the City Manager and/or his designees may deem necessary or desirable to effectuate the intent of this resolution. ADOPTED: September 9, 2002 APPROVEi~: ~ '-'5~E. gh~ff~r, ~2i~.~l~ana'g --/ ATTEST: Jeat)/Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Prepared by: City Administration Assistant City Manager MOTION BY: Steeber SECOND BY: Williams COUNCILMEMBER AYE NAY PASS ABSENT STEEBER X MURPHY X DAMRON X WILLIAMS X DEGARMO X BRIEN X O'LEARY X EXHIBIT 'A' LEGAL DESCRIPTION Fee Title in and to the following tract of land in Rock County, State of Wisconsin, described as follows: Part of City of Janesville Tax Parcel ID No. 0412200079: That part of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 12, in Town 2 North, Range 12 East, in the City of Janesville, County of Rock, State of Wisconsin, bounded and described as follows: Commencing at the East 1/4 corner of said Section 12; thence North 88059'22" West, 470.21 feet along the South line of said Northeast 1/4 of Section 12; thence North 00o55'38" East, 330.00 feet; thence North 88o59'22" West, 264.00 feet; thence North 00055'38" East, 784.42 feet; thence North 38026'42" West, 558.75 feet along, the South line of the Union Pacific Railroad right of way to the East property line of the parcel and the point of beginning; thence South 01o21'31" West, 124.98 feet along said East line; thence North 38o26'42" East, 243.02 feet; thence to the beginning of a 500.00 foot radius curve to the left, whose chord bears North 49016'00" West, 187.86 feet; thence Northwesterly along the arc of said curve, 188.99 feet to a North property line; thence North 89o37'18" East, 115.29 feet along said North line to a West property line; thence North 00o58'18" East, 38.60 feet along said West line to the South right of way of the said railroad; thence South 38o26'42" East, 290.27 feet along said South right of way to the point of beginning. Also, commencing at the East 1/4 comer of said Section 12; thence North 88059'22" West, 470.21 feet along the South line of said Northeast 1/4 of Section 12; thence North 00055'38" East, 330.00 feet; thence North 88059'22" West, 264.00 feet; thence North 00o55'38" East, 784.42 feet; thence North 38026'42" West, 558.75 feet along the South line of the Union Pacific Railroad right of way to the East property line of the parcel; thence South 01o21'31" West, 149.90 feet along said East line to a South property line; thence South 89o33'00" West, 184.29 feet along said South line to an East property line; thence South 00022'42" East, 3.00 feet along said East line to the point of beginning; thence continuing South 00022'42" East, 37.00 to the North right of way of Conde Street; thence South 89o37'18" West, 107.00 feet along said Conde Street; thence North 41021'04" East, 49.58 feet; thence North 89o37'18" East 74.00 feet to the point of beginning. These parcels contain 0.72 acres, more or less. Also, no right of access shall accrue between the right of way of the new roadway and all of the remaining property of the owner. Also, a Temporary Interest for the right to grade slopes, including for such purposes the right to operate the necessary equipment thereon and the right of ingress and egress as long as required for such public purposes, including the right to preserve, protect, remove or plant thereon any vegetation that the highway authorities may deem necessary or desirable, in and to the following tract of land in Rock County, State of Wisconsin, bounded and described as follows: The Northeasterly 20.00 feet of the owners remaining land, abutting the Southwest right of way line of the new roadway, as measured at right angles to and concentric with said right of way line. This parcel contains 0.21 acres, more or less. The above temporary interest is to terminate upon the completion of this project or on the day the highway is open to the traveling public, whichever is later. Project I.D. 5990-03-52 Rev. 11/09/01 Parcel 36 Page I of 1