2003-394RESOLUTION NO. 2003-394
A Resolution authorizing the City Manager to acquire by purchase real property located at 1809
Adel 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, The Simmons Manufacturing Co., LLC owns the real property located at 1809 Adel Street,
Janesville, WI, which is on the selected route for this transportation project as previously approved by the
th
Janesville City Council in Resolution No. 2001-171 approved and adopted on the 25 day of June, 2001;
and
WHEREAS, The City Administration has negotiated an offer to purchase 0.24 acres of land, rights of
vehicular access, and a Temporary Interest to grade slopes and driveways on 0.06 acres, as shown in
attached Exhibit A, contingent upon Common Council approval as the means to acquire the Simmons
property in the amount of Twenty Four Thousand Seven Hundred and no/100 Dollars ($24,700.00); and
WHEREAS, the acquisition, plan and use(s) were tPhroperly reviewed and approved by the Janesville Plan
Commission after public hearing thereon on the 15 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, The Simmons Manufacturing Co., LLC, 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: August 11, 2003
APPROVED: ~ ~
Steven E. Sheiffer, City Manager
~h-'~V~f, ~itY C~er~-Tre~surer ~
APPROVED AS TO FORM: ~
City Attorn6y '
Proposed by: City Administration
Prepared by: Community Development Planner
MOTION BY: Steeber
SECOND BY: Murphy
COUNCILMEMBER AYE NAY PASS ABSENT
ADDLE X
MURPHY X
DEGARMO X
STEEBER X
WILLIAMS X
BRIEN X
WELLNITZ 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 Southeast 1/4 of the Northeast 1/4 of Section 12, in Town 2 North,
Range 12 East, in the City of Janesville, County of Rock, State of Wisconsin, bounded
and described as follows:
Commencing at the East 1/4 corner of said Section 12; thence North 88o59'22''
West, 470.21 feet along the South line of said Northeast 1/4 of Section 12; thence North
00°55'38'' East, 330.00 feet; thence North 88059'22'' West, 264.00 feet; thence North
00°55'38'' East, 784.42 feet; thence North 38°26'42'' West, 429.73 feet along the South
line of the Union Pacific Railroad right of way to the East property line of the parcel and
the point of beginning; thence South 00°55'38'' West, 126.12 feet along said East line;
thence North 38026'42'' East, 130.51 feet to a West property line; thence North 01°21'31''
East, 124.98 feet along said West line the North property line; thence South 38°26'42''
East, 129.02 feet along said North line to the point of beginning.
This parcel contains 0.24 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, 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 Northeasterly 20.00 feet of the owners remaining land, abutting the Southwest
right of way line of the new roadway, as measured at right angles from said right of way.
This parcel contains 0.06 acres, more or less.
The above temporary interest is to terminate upon the completion of this projec.t or
on the day the highway is open to the traveling public, whichever is later.
Project I.D. 5990-03-52 Rev. 11/09/01 Parcel 34