2003-335RESOLUTION NO. 2003-335
A Resolution authorizing the City Manager to acquire by purchase real property
located at 1630 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, Ervin Jacob a/k/a Ervin H. Jacob and Shirley Jacob a/k/a Shirley L. Jacob,
as co-trustees of the Ervin H. and Shirley L. Jacob Joint Trust and individually, vendor's
interest and Thomas M. Jacob, vendee's interest (hereinafter the "owner") own the real
property located at 1630 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 two
Permanent Limited Easements for the right to construct and maintain a stormwater
management facility on 0.21 acres of land, rights of vehicular access, and two
Temporary Interests to grade slopes driveways on 0.39 acres, as shown in attached
Exhibit A, contingent upon Common Council approval as the means to acquire the
Owner's property in the amount of Thirty-Five Thousand Nine Hundred Sixty-Two and
no/100 ($35,962.00) Dollars; 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
Janesville that they hereby authorize and direct the City Manager and/or his designees
to purchase and acquire said property from the owners, Ervin Jacob a/k/a Ervin H.
Jacob and Shirley Jacob a/k/a Shirley L. Jacob, as co-trustees of the Ervin H. and
Shirley L. Jacob Joint Trust and individually, vendor's interest and Thomas M. Jacob,
vendee's interest, 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://~January 27, 2003
"'-'5'te~n E. Sheiffe~, Ci~ Mana~er(~
ATTEST:
Jean~n Wulf, 'Cit~ Cl(~rk-Treasurer
APPROVED AS TO FORM:
MOTION BY: O' Leary
SECOND BY: Steeber
COUNCILMEMBER AYE NAY PASS ABSENT
STEEBER X
MURPHY X
DAMRON X
WILLIAMS X
DEGARMO X
BRIEN X
O'LEARY X
CitY Attor6ey 'z z, '1 ' i
Proposed by: City Administration
Prepared by: Community Development Planner
LEGAL DESCRIPTION
All existing, future, or potential common law or statutory easements or rights of
vehicular access between the right-of-way of the highway, currently designated as
South Jackson Street, and all of the abutting remaining real property of the owner,
whether acquired by separate conveyance or otherwise, where Lot 1 of Certified Survey
Map No. 821639, recorded in Volume 4, Pages 158-159, abuts South Jackson Street.
Except, the right of access to South Jackson Street, from said abutting real estate
by means of one access point in the South 40.00 feet of the North 203.94 feet of Lot 1
of said Certified Survey Map No. 821639, as measured along the East line of said South
Jackson Street.
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:
That part of Lot 1, Certified Survey Map No. 821639, recorded in Volume 4, Pages
158-159, as Document No. 821639, being part of the Southwest 1/4 of the Southeast 1/4
of Section 1 and also part of the Northwest 1/4 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 Northwest corner of said Lot 1 at the intersection of South
Jackson Street and a railroad spur; thence South 00053'22" East, 506.52 feet along the
East right of way of South Jackson Street to the point of beginning; thence North
89o10'07" East, 20.00 feet; thence South 05037'55" West, 176.12 feet to the East right of
way of South Jackson Street; thence North 00053'22" West, 175.00 feet to the point of
beginning.
Also beginning at the Westerly-most point of said Lot 1; thence North 51o33'18"
East, 346.44 feet along the South right of way of South Jackson Street; thence South
43o59'16" West, 173.59 feet; thence South 51o34'44" West, 152.07 feet; thence South
28006'29" East, 124.22 feet to the Northeast right of way of the Union Pacific Railroad;
thence North 38o26'42" West, 145.00 along said right of way to the point of beginning.
These parcels contain 0.21 acres, more or less.
Project I.D. 5990-03-52 Rev. 12/04/02
Page 1 of 2
Parcel 38
Also, two 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 Northwest corner of said Lot 1 at the intersection of South
Jackson Street and a railroad spur; thence South 00o53'22" East, 130.95 feet to the point
of beginning; thence North 89o03'41" East, 15.00 feet; thence South 00o53'22" East,
33.00 feet; thence North 89o03'41" East, 10.00 feet; thence South 00053'22" East, 40.00
feet; thence South 89o03'41" West, 10.00 feet; thence South 00o53'22" East, 177.00 feet;
thence North 89o03'41" East, 3.83 feet; thence South 00o53'22" East, 94.46 feet; thence
South 10034'46" East, 122.79 feet; thence South 14o28'59" West, 184.82 feet to the East
line of South Jackson Street; thence North 00o53'22" West, 93.13 feet along the East
right of way of South Jackson Street; thence North 89o07'23" East, 9.50 feet along South
Jackson Street; thence North 05o37'55" East, 176.12 feet; thence South 89ol 0'07" West,
20.00 feet; thence North 00o53'22" West, 375.57 feet along the East right of way of South
Jackson Street to the point of beginning.
Also, commencing at the Westerly-most point of said Lot 1; thence North 51o33'16"
East, 346.44 feet along the South right of way of South Jackson Street to the point of
beginning; thence South 35o08'01" West, 160.65 feet; thence South 53o28'14" West,
168.16 feet; thence South 27o57'44" East, 133.43 feet to the Northeast line of the Union
Pacific Railroad; thence North 38o26'42" West, 26.00 along said railroad; thence North
28o06'29" West, 124.22 feet; thence North 51034'44" East, 152.07 feet; thence North
43o59'16" East, 173.59 feet to the Southeast right of way of South Jackson Street and
the point of beginning.
These parcels contain 0.39 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
Rev. 12/04/02
Page 2 of 2
Parcel 38