2003-329RESOLUTION NO. 2003-329
A Resolution authorizing the acquisition by eminent domain or otherwise of certain
real property located at 1627 South Jackson Street (referred to for City purposes as Parcel
37, Crown Enterprises) for the Janesville Transportation Improvements and Related Public
Purpose(s) Project. (File Resolution No. 2003-329).
WHEREAS, the Janesville City Council has previously approved an original and various
amended right-of-way plats for the General Motors Transportation project, a public purpose project
authorized pursuant to Sections 62.22, 62.23, 66.0101, Chapter 32, and other pertinent provisions
of the Wisconsin Statutes, for highway and related public purposes, and has adopted and
authorized the City Manager to file a Relocation Order with the County Clerk for Rock County,
Wisconsin, for the Project identified in the caption to this Resolution; and
WHEREAS, it is necessary for the City of Janesville to acquire various land and land interests
for the Janesville Transportation Improvements and Related Public Purposes (s) Project, City of
Janesville, Rock County, Project 1. D. 5990-03-50, as approved by the Wisconsin Department of
Transportation; and
WHEREAS, these acquisitions, plan and use(s) were properly reviewed and approved by the
Janesville Plan Commission after public hearing thereon on the 7th day of August, 2000, but without
review, comment or recommendation concerning the financial aspects of this transaction; and
WHEREAS, the City Administration to date has attempted unsuccessfully to negotiate the
voluntary sale of a parcel of real property, or portions and interests thereof located at 1653 South
Jackson Street and 1627 South Jackson Street, in the City of Janesville, County of Rock, State of
Wisconsin, legally described as:
1. Fee title to the following lands:
[See Attachment A which is incorporated herein as if fully set forth verbatim.]
2. A temporary limited easement affecting the following lands:
[See Attachment B which is incorporated herein as if fully set forth verbatim.]
for this project; and
WHEREAS, acquiring these parcels of real property or interests therein for the public purpose
of accomplishing necessary transportation improvements and related public purposes is authorized by
law and 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 the City Administration of the City of Janesville is hereby authorized and directed to
acquire the above described properties from the respective owners in any manner authorized by law,
including, but not limited to, eminent domain, for such legitimate 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 additional, other and/or amended contracts,
documents, negotiations and/or agreements, including, issuance and delivery of a Jurisdictional Offer
in the amount of $257,830.00 for the fee title interest in the parcels identified in the caption to this
Resolution, and to take such other actions as the City Manager and/or his designees may deem
necessary and/or desirable to effectuate the intent of this Resolution on behalf of the City of Janesville.
ADOPTED: .~January 13, 2003
APPR~ ;./ ~ ~
--~v~n I~. ~h~i~fer, ~ty Managffr)
ATTEST:
J,0~ Ann Wu'lf,'Ci~y Clerk-~reasu~'er ~
APPROVED AS TO FORM: //.~2ff~_~
City Attorney
Proposed by: City Administration
Prepared by: Legal Counsel
MOTION BY: O'Leary
SECOND BY: Williams
COUNCILMEMBER AYE NAY PASS ABSENT
STEEBER X
MURPHY X
DAMRON X
WILLIAMS X
DEGARMO X
BRIEN X
O'LEARY X
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 of the Northwest 1/4 of the Northeast 1/4 and the Northeast 1/4 of the
Northeast 1/4 of Section 12, Township 2 North, Range 12 East, City of Janesville, described as
follows:
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 of the Union
Pacific Railroad; thence South 38026'42'' East, 86.40 feet along said right of way and across
South Jackson Street to the point of beginning; thence continuing South 38026'42" East, 1054.73
feet along said right of way to the owner's East property line; thence South 00°58'18" West, 38.60
feet along said line to the owner's South property line; thence South 89°37'18'' West, 115.29 feet
along said line; thence to the beginning of a 500.00 foot radius curve to the left, whose chord
bears North 65028'43" West, 93.54 feet; thence Northwesterly along the arc of said curve, 93.67
feet; thence North 72°40'41" West, 32.22 feet; thence North 74°31'38" West, 378.74 feet; thence
North 65024'52" West, 106.05 feet to the owner's West property line; thence North 10°08'18" East,
200.00 feet along said property line to the owner's South property line; thence North 79051'42''
West, 200.00 feet to the East right of way of South Jackson Street; thence North 10°08'18" East,
333.50 feet along said right of way line; thence North 51°33'18'' East, 179.29 feet along said right
of way to the point of beginning.
This parcel contains 7.32 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 and a driveway, 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 Northerly 35.00 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 0.46 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. 12/04/02
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Parcel 37