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2002-300RESOLUTION NO. 2002- 300 A Resolution authorizing the City Manager to acquire by purchase real property located at 2535 - 2701 Beloit 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, Helgesen Properties, Inc. owns the real property located at 2535 - 2701 Beloit Avenue, 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 25th day of June, 2001; and WHEREAS, The City Administration has negotiated an offer to purchase 0.19 acres of land, rights of vehicular access, and a Temporary Interest to grade slopes and driveways on 0.12 acres, as shown in attached Exhibit A, contingent upon Common Council approval as the means to acquire the Helgesen Properties property in the amount of Six Thousand Six Hundred and no/Dollars ($6,600.00); and WHEREAS, the acquisition, plan and use(s) were properly reviewed and approved by the Janesville Plan Commission after public hearing thereon on the 15tn 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, Helgesen Properties, Inc., 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 'S-'~ven E. Sheiffer, City Manager ATTEST: ./cf(Ann W-ul£, Ci[y'Olerk-Treashr~r APPROVED AS TO FORM: City Attorney / - ~' ,~r 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: City Administration Prepared by: 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 Lot 2 of Certified Survey Map No. 1408596, recorded in Volume 22, Pages 147-149, as Document No. 1408596, being part of the Southwest 1/4 of the Southwest 1/4 of Section 7 and the Northwest 1/4 of the Northwest 1/4 of Section 18, in Town 2 North, Range 13 East, in the City of Janesville, County of Rock, State of Wisconsin, bounded and described as follows: Beginning at the Southwest corner of Lot 2, Certified Survey Map Number 1408596, Volume 22, Pages 147-149, recorded as Document Number 1408596; thence North 00°08'14" West, 407.69 feet along the West line of said Lot 2 to the South line of Lot 1 of said C.S.M.; thence South 89o17'01'' East, 5.00 feet along the North line of said Lot 2; thence South 00o08'14'' East, 372.77 feet; thence South 44°57'34" East, 49.65 feet to the South line of Lot 2 and the North right of way line of Venture Drive; thence North 89046'54" West, 40.00 feet along said line to the point of beginning. Also, that part of Lot 1 of Certified Survey Map No. 1408596, recorded in Volume 22, Pages 147-149, as Document No. 1408596, being part of the Southwest 1/4 of the Southwest 1/4 of Section 7 and the Northwest 1/4 of the Northwest 1/4 of Section .18, in Town 2 North, Range 13 East, in the City of Janesville, County of Rock, State of Wisconsin, bounded and described as follows: Beginning at the Southwest corner of Lot 1, Certified Survey Map Number 1408596, Volume 22, Pages 147-149, recorded as Document Number 1408596; thence North 00o08'14" West, 150.67 feet along the West line of said Lot 1 to the South line of Section 7; thence North 00o26'41" West, 969.37 feet along said West line to the North line of said Lot 1; thence South 89o46'21" East, 5.00 feet along the North line of said Lot 1; thence South 00o26'41" East, 968.82 feet to the South line of Section 7; thence South 00o08'14" East, 151.14 feet to the North line of said Lot 2; thence South 89o17'01'' West, 5.00 feet along the South line of said Lot 1 to the point of beginning. These parcels contain 0.19 acres, more or less. Also, all existing, future, or potential common law or statutory easements or rights of vehicular access between the right-of-way of the highways, currently designated as Beloit Avenue and Venture Drive, and all of the abutting remaining real property of the owner, whether acquired by separate conveyance or otherwise, where the remaining real property of the owner abuts Beloit Avenue and where the West 90 feet of said Lot 2 abuts Project I.D. 5990-03-52 11/09/01 Parcel 6 Page 1 of 2 Venture Drive. Except, the right of access to Beloit Avenue, from said abutting real estate on the East side of Beloit Avenue by means of two access points along the West line of aforesaid Lot 1. Also, a Temporary Interest for the right to grade slopes and driveways, 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 East 10.00 feet of the West 15.00 feet of the South 24.12 feet and the East 25.00 feet of the West 30.00 feet of the North 55.00 feet of the South 79.12 feet and the East 10.00 feet of the West 15.00 feet of the North 81.73 feet of the South 160.85 feet, and the East 20.00 feet of the West 25.00 feet of the South 65.00 feet of the North 217.06 feet, of Lot 1 of said Certified Survey Map No. 1408596, and the East 10.00 feet of the West 15.00 feet of the North 150.88 feet of Lot 2 of said Certified Survey Map No. 1408596. This parcel contains 0.12 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 11/09/01 Parcel 6 Page 2 of 2