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2002-297RESOLUTION NO. 2002- 297 A Resolution authorizing the City Manager to acquire by purchase rear property located at 1925 Cleveland Avenue 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, Frank W. Sass and Kathleen Sass own the real property located at 1925 Cleveland Avenue, Janesville, W1, 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 25th day of June, 2001; and WHEREAS, The City Administration has negotiated an offer to purchase 0.79 acres of land with no right of access on the new roadway, and a Temporary Interest for the right to grade slopes of 0.20 acres, as shown in attached Exhibit A, contingent upon Common Council approval as the means to acquire the Sass property in the amount of Forty Three Thousand Four Hundred and no/100 Dollars ($43,400.00); and WHEREAS, the acquisition, plan and use(s) were properly reviewed and approved by the Janesville 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 JanesviIle that they hereby authorize and direct the City Manager and/or his designees to purchase and acquire said property from the owner, Frank W. Sass and Kathleen Sass, 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 and enter into such 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: October 28, 2002 "~teven E. Sheiffer, City-YManager r.~ ' ATTEST: Jean~ ~Vulf, City Ci~rk-Treasurer APPROVED AS TO FORM: MOTION BY: Williams SECOND BY: Steeber COUNCILMEMBER AYE NAY PASS ABSENT STEEBER X MURPHY X DAMRON X WILLIAMS X DEGARMO X BRIEN X O'LEARY X Proposed by: Prepared by: City Administration Assistant City Manager LEGAL DESCRIPTION Fee Title in and to the following tract of land in Rock County, State of Wisconsin, described as follows: ~ That part of the Southeast 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 88°59'22" 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 88°59'22'' West, 264.00 feet to the owners East property line; thence North 00o55'38'' East, 658.30 feet to the point of beginning; thence continuing North 00o55'38'' West, 126.12 feet to the owners North property line; thence North 38o26'42'' West, 429.73 feet along said North line to the owners West property line; thence South 00055'38" West, 126.12 feet along said West line; thence South 38°26'42" East, 429.73 feet to the point of beginning. This parcel contains 0.79 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 from said right of way line. This parcel contains 0.20 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 32