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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 Page 1 of 1 Parcel 37