2002-282RESOLUTION NO. 2002- 282
A Resolution authorizing the City Manager to acquire by purchase easements from the Union Pacific Railroad for the
Janesville Transportati6n Improvements Project.
WIIEREAS, the Janesville City Council has previously approved the fight-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
WItEREAS, the Union Pacific Railroad owns the real property located in Janesville, WI, which is on the selected route for
this transportation project as previously approved by the Janesville City Council in Resolution No. 2001-171 approved and
adopted on the 25~ day of June, 2001; and
WHEREAS, The City Administration has negotiated an offer to purchase two easements for highway purposes of 0.31 acres,
two permanent limited easements for the right to construct and maintain a storm water management facility of 0.08 acres, and
five temporary interests for the right to grade slopes of 1.50 acres, as shown in Attachment A, contingent upon Common
Council approval as the means to acquire the Union Pacific Railroad property in the amount of Twenty Thousand Six Hundred
and no/100 Dollars ($20,600.00); and
WHEREAS, the acquisition, pl~ and use(s) were properly reviewed and approved by the Janesville Plan Commission after
public hearing thereon on the 15' day of October, 2001, but without review, comment or recommendation concerning the
financial aspects of this transaction; and
WIIEREAS, 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 md/or his designees to purchase and acquire said property from the owner, Union Pacific Railroad, 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, drafl~ amend,
execute, record and enter into such other contracts, documents, and agr~ments and take such other actions as the City
Manager and/or his designees may deem necessary or desirable to effee~_~ate the intent of this resolution.
ADOPTED: September 9, 2002
APPROVF/~: ~
~ E. Sheiffer~"C~M'an"~fe~F~
ATTEST:
Je~,i~mn Wulf, City
APPROVED AS TO FORM:
City At~rney ! ' ,~' ! ~
MOTION BY: S t e eb e r
SECOND aY: Williams
COUNCILMEMBER AYE NAY PASS ABSENT
STEEBER X
MURPHY X
DAMRON X
wu.u~s X
DEGARMO X
BRIEN X
O'LEARY X
Proposed by:
Prepared by:
City Administration
Assistant City Manager
LEGAL DESCRIPTION
Two easements for highway purposes, as long as so used, including the right to
preserve, protect, and remove any vegetation existing on said lands and the right to plant
thereon and protect any vegetation that the highway authorities may deem desirable to
prevent erosion of the soil or to beautify the highway, in and to the following described lands
in Rock County, State of Wisconsin, described as:
Part of the Southwest 1/4 of the Southeast 1/4 of Section 1 and also part of the
Northeast 1/4 of Section12, Township 2 North, Range 12 East, City of Janesville, in Rock
County, State of Wisconsin, described as follows:
Commencing at the North 1/4 corner of said Section 12; thence South 88055'59" East,
623.00 feet along the North line of said Section 12 to the Southwest right of way line of the
Union Pacific Railroad and point of beginning; thence South 38026'42" East, 6.40 feet to the
intersection of the Northwesterly line of South Jackson Street and the Union Pacific
Railroad; thence North 51o33'18" East, 125.00 feet to the Northeast right of way line of said
railroad and Northwest right of way of said South Jackson Street; thence North 38026'42"
West, 25.18 feet along said railroad right of way; thence South 51028'20" West, 125.00 feet
to the Southwest right of way of said railroad; thence South 38026'42" East, 25.00 feet to the
point of beginning.
Also, commencing at the East 1/4 corner of said Section 12; thence North 00029'28"
West, 226.31 feet along the East line of said Northeast 1/4 of Section 12; thence North
38026'42" West, 53.66 feet to the South right of way of the Union and Pacific Railroad and
point of beginning; thence continuing North 38026'42" West, 123.34 feet along said right of
way; thence North 29025'59" East, 105.96 feet; thence North 05055'54" East, 143.03 feet to
the North right of way of said railroad and west right of way of Beloit Avenue; thence South
49014'58" East, 9.31 feet along said right of way to the East line of said rail road right of way;
thence South 0029'28" East, 325.09 feet to the point of beginning.
These parcels contain 0.31 acres, more or less.
Also, two Permanent Limited Easements for the right to construct and maintain a
stormwater management facility, including for such purpose the right to operate the
necessary equipment thereon and the right of ingress and egress as long as required for
such public purpose, including the right to preserve, protect, remove or plant thereon any
vegetation that the highway authorities may deem necessary or desirable, but without
prejudice to the owner's right to make or construct improvements on said lands or to flatten
the slopes, providing said activities will not impair or otherwise adversely affect the highway
facilities within the right of way, in and to the following tract of land in Rock County, State of
Wisconsin, described as:
Project I.D. 5990-03-52
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Part of the Southwest 1/4 of the Northwest 1/4 of Section 7, Township 2 North, Range
13 East, and also part of the Northeast 1/4 of Section12, Township 2 North, Range 12 East,
City of Janesville, in Rock County, State of Wisconsin, described as follows:
Commencing at the West 1/4 corner of said Section 7; thence North 00o29'28" West,
400.21 feet along the West line of said Northwest 1/4 of Section 7 to the North right of way
of the Union and Pacific Railroad; thence South 38o04'28" East, 65.60 feet along said
railroad right of way to the East right of way of Beloit Avenue; thence South 00o29'28" East,
30.00 feet along said right of way to the point of beginning; thence North 89o30'32" East,
15.00 feet; thence South 00o29'28" East, 15.00 feet; thence South 89o30'32" West, 15.00
feet to the right of way of said Beloit Avenue; thence North 00o29'28" West, 15.00 feet along
the East right of way line to the point of beginning.
Also, commencing at the North 1/4 corner of said Section 12; thence South 88055'59"
East, 623.00 feet along the North line of said Section 12 to the Southwest right of way line of
the Union Pacific Railroad; thence South 38o26'42" East, 86.40 feet to the Southerly
intersection of South Jackson Street and the Union and Pacific Railroad right of way; thence
continuing South 38o26'42" East, 1379.00 feet along the Southwest right of way of said
railroad to the point of beginning; thence North 51o33'18" East, 25.00 feet; thence South
38o26'42" East, 140.00 feet; thence South 51o33'18" West, 25.00 feet to said railroad right of
way; thence North 38o26'42" West, 140.00 feet along said right of way to the point of
beginning.
These parcels contain 0.08 acres, more or less.
Also, five Temporary Interests 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:
Commencing at the West 1/4 corner of said Section 7; thence North 00029'28" West,
400.21 feet along the West line of said Northwest 1/4 of Section 7 to the North right of way
of the Union and Pacific Railroad; thence South 38004'28" East, 65.60 feet along said
railroad right of way to the East right of way of Beloit Avenue and the point of beginning;
thence continuing South 38o04'28" East, 8.20 feet along said railroad right of way; thence
South 00029'28" East, 23.50 feet; thence South 89030'32" West, 5.00 feet to the East right of
way of Beloit Avenue; thence South 00029'28" East, 15.00 feet along the above described
Permanent Limited Easement; thence North 89030'32" East, 5.00 feet; thence South
00029'28" East, 135.40 feet to the Southwest railroad right of way; thence North 38004'28"
Project I.D. 5990-03-52
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West, 8.20 feet to the East right of way of Beloit Avenue; thence North 00o29'28" West,
173.90 feet to the point of beginning.
Also, commencing at the North 1/4 corner of said Section 12; thence South 88055'59"
East, 623.00 feet along the North line of said Section 12 to the Southwest right of way line of
the Union Pacific Railroad; thence South 38o26'42" East, 86.40 feet to the Southerly
intersection of South Jackson Street and the Union and Pacific Railroad right of way; thence
continuing South 38026'42" East, 1379.00 feet along the Southwest right of way of said
railroad to the above described Permanent Limited Easement; thence continuing South
38026'42" East, 140.00 feet to the point of beginning; thence North 51o33'18" East, 20.00
feet; thence South 38o26'42" East, 500.00 feet; thence South 51o33'18" West, 10.00 feet;
thence South 38026'42" East, 412.00 feet; thence South 51o33'18" West, 10.00 feet to the
Southwest right of way of said railroad; thence North 38026'42" West, 912.00 feet along said
right of way to the point of beginning.
Also, commencing at the North 1/4 corner of said Section 12; thence South 88055'59"
East, 623.00 feet along the North line of said Section 12 to the Southwest right of way line of
the Union Pacific Railroad; thence North 38o26'42" West, 18.60 feet along said railroad right
of way to the point of beginning; thence continuing North 38026'42" West, 8.00 feet along
said railroad right of way; thence North 51o50'10" East, 83.00 feet; thence North 38026'42"
West, 436.29 feet; thence North 51o50'10" East, 39.62 feet to the Northeast right of way of
said railroad; thence South 40024'22" East, 70.00 feet along said railroad right of way;
thence South 38026'42" East, 375.02 feet along said railroad right of way to the Northwest
line of the above described Highway Easement; thence South 51028'20" West, 125.00 feet
along said Highway Easement to the point of beginning.
Also, commencing at the North 1/4 corner of said Section 12; thence South 88o55'59"
East, 623.00 feet along the North line of said Section 12 to the Southwest right of way line of
the Union Pacific Railroad; thence South 38o26'42" East, 86.40 feet to the Southerly
intersection of South Jackson Street and the Union and Pacific Railroad right of way and the
point of beginning; thence North 51o33'18" East, 125.00 feet to the Northeast right of way of
said railroad; thence South 38026'42" East, 464.82 feet along the Northeast right of way of
said railroad; thence South 51029'37" West, 42.27 feet; thence North 38o26'42" West,
320.00 feet; thence South 51027'42" West, 82.73 feet to the Southwest right of way of said
railroad; thence North 38026'42" West, 145.00 feet along said right of way to the point of
beginning.
These parcels contain 1.50 acres, more or less.
The above temporary interests are 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
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