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2003-340RESOLUTION NO. 2003-340 A Resolution authorizing the City Manager to acquire by purchase real property located at 1570 South Jackson Street 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, J. P. Cullen owns the real property located at 1570 South Jackson Street, 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 0.28 acres of land, rights of vehicular access, and a Temporary Interest to grade slopes on 1.05 acres, as shown in attached Exhibit A, contingent upon Common Council approval as the means to acquire the Cullen property in the amount of Two Thousand Eight Hundred and no/Dollars ($2,800.00); 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 Janesville that they hereby authorize and direct the City Manager and/or his designees to purchase and acquire said property from the owner, J. P. Cullen, 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. .....siev~n'ET Sheiff~r, ~y Manag~ ~ ~ ' ATTEST: Jea~ wumf, City *~k-Tr~a~urer ~ ~t~ ~tto~ ~roposed by: City Administration ~repamd by: Community Development ~lannor MOTION BY: 0 ' Leary SECOND BY: Steeber 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 the City of Janesville, Rock County, State of Wisconsin, described as follows: That part of the of the Southeast 1/4 of Section 1, Township 2 North, Range 12 East, City of Janesville, described as follows: Commencing at the South 1/4 corner of said Section 1; thence South 88055'59" East, 623.00 feet along the South line of said Section 1 to the Southwest right of way of the Union Pacific Railroad; thence South 38026'42" East, 6.40 feet along the North right of way to the Northwest right of way of South Jackson Street; thence North 51 o33'18" East, 125.00 feet along said right of way to the Northeast right of way of the Union Pacific Railroad and the point of beginning; thence North 38o26'42" West, 25.18 feet along said railroad right of way; thence North 49o41'13" East, 190.09 feet; thence North 35024'07" East, 114.49 feet; thence North 26008'02" East, 8.91 feet to the owners North property line; thence North 89007'23" East, 40.10 along said property line to the West right of way of South Jackson Street; thence South 00053'22" East, 53.74 feet along said right of way; thence South 51o33'18"West, 307.03 feet along said right of way to the point of beginning. This parcel contains 0.28 acres. Also, 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 the remaining real property of the owner abuts South Jackson Street. Except the right of access to South Jackson Street, from said abutting real estate by means of one access point located within the Northeasterly 60.00 feet of the remaining property of the owner, as measured along South Jackson Street. 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 the City of Janesville, Rock County, State of Wisconsin, bounded and described as follows: Project I.D. 5990-03-52 Rev 12/04/02 Page 1 of 2 Parcel 44 That part of the of the Southeast 1/4 of Section 1, Township 2 North, Range 12 East, City of Janesville, described as follows: Commencing at the South 1/4 corner of said Section 1; thence South 88055'59" East, 623.00 feet along the South line of said Section 1 to the Southwest right of way of the Union Pacific Railroad; thence South 38o26'42" East, 6.40 feet along said right of way to the Northwest right of way of South Jackson Street; thence North 51o33'18" East, 125.00 feet along said right of way to the Northeast right of way of the Union Pacific Railroad; thence North 38026'42" West, 25.18 feet along said railroad right of way to the point of beginning; thence continuing North 38026'42" West, 278.80 feet along said right of way to the owner's North property line; thence North 89007'23" East, 388.59 feet along said property line; thence South 26008'02" West, 8.91 feet; thence South 35o24'07" West, 114.49 feet; thence South 49o41'13" West, 190.09 feet to the point of beginning. This parcel contains 1.05 acres. 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 2 of 2 Parcel 44