2003-388RESOLUTION NO. 2003-388
A Resolution authorizing the City Manager to acquire by purchase real property located at 544
Kellogg 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, Allied Systems Ltd. owns the real property located at 544 Kellogg 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 0.08 acres of land, a Permanent
Limited Easement of 3.04 acres, rights of vehicular access, and a Temporary Interest to grade slopes and
driveways on 1.79 acres, as shown in attached Exhibit A, contingent upon Common Council approval as
the means to acquire the Allied property in the amount of One Hundred Forty Thousand Nine Hundred
and no/Dollars ($140,900.00); 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, Allied Systems, Ltd., 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: July 28, 2003
APPROVED:
Steven E. Sheiffer, City Marta~er
,~an Ann Wulf, City Clerk-Treasurer
C'~,~ttorney ~' ~'
MOTION BY: Steeber
SECOND BY: Addle
COUNClLMEMBER AYE NAY PASS ABSENT
STEEBER X
MURPHY X
DAMRON X
WILLIAMS X
DEGARMO X
BRIEN X
O'LEARY X
Proposed by: City Administration
Prepared by: Community Development Planner
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 Northeast 1/4 of Section 12, and the Southeast 1/4 of Section 1,
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 88°55'59'' East, 623.00 feet along the
North line of said Section 12 to the Southwest right of way of the Union Pacific Railroad and
the point of beginning; thence South 38026'42'' East, 6.40 feet along said right of way to the
Northwest right of way of South Jackson Street; thence South 51°33'18'' West, 209.53 feet
along said right of way; thence North 39°58'21'' East, 124.51 feet; thence North 51°33'18''
East, 87.55 feet to the Southwest right of way of said railroad; thence South 38°26'42'' East,
18.60 feet along said right of way to the point of beginning.
This parcel contains 0.08 acres, more or less.
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 that portion of South Jackson Street lying Northerly of Station 11J+82.00 as
shown on right of way plat Sheet 4.10 of Project No. 5990-03-52.
Also, a Permanent Limited Easement 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 the 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 88°55'59'' East, 623.00 feet along the North line of said Section 12 to the
Southwest right of way of the Union Pacific Railroad; thence North 38°26'42'' West, 18.60
feet along said right of way; thence South 51°33'18'' West, 87.55 feet; thence South
39°58'21'' West, 124.51 feet to the Northwest right of way of South Jackson Street; thence
South 10°08'18'' West, 100.00 feet along said right of way to the point of beginning; thence
continuing South 10°08'18'' West along said right of way, 1028.23 feet; thence South
00°22'43'' East along said right of way, 479.45 feet; thence South 89037'20'' West, 50.00
feet; thence North 00022'43'' West, 479.45 feet; thence North 02°40'11" East, 621.88 feet;
Project I.D. 5990-03-52 Rev. 12/04/02 Parcel 43
Page 1 of 2
thence North 10°08'18'' East, 400.00 feet; thence South 88056'00'' East, 131.62 feet to the
point of beginning
This parcel contains 3.04 acres, more or less.
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 the City of Janesville, Rock County, State of
Wisconsin, bounded and described as follows:
That part of the of the Northeast 1/4of Section 12, and the Southeast 1/4 of Section 1,
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 88055'59" East, 623.00 feet along the
North line of said Section 12 to the Southwest right of way of the Union Pacific Railroad;
thence North 38026'42" West, 18.60 feet: along said right of way to the point of beginning;
thence South 51°33'18'' West, 87.55 feet; thence South 39°58'21" West ,124.51 feet to the
Northwest right of way of South Jackson Street; thence South 10°08'18" West, 100.00 feet
along said right of way; thence North 88056'00" West, 131.62 feet; thence South 10°08'18"
West, 400.00 feet; thence South 02°40'1 l"~West, 621.88 feet; thence South 00°22'43'' East,
479.45 feet; thence North 89037'20" East, 50.00 feet to the West right of way of South
Jackson Street; thence South 00022'43'' East along said right of way, 25.00 feet; thence
South 89037'20" West, 75.00 feet; thence North 00022'43" West, 504.45 feet; thence North
02°40'11" East, 623.21 feet; thence North 10°08'18" East, 224.88 feet; thence North
01004'00" East, 270.98 feet; thence South 88°56'00'' East, 161.45 feet; thence North
39°58'21" East, 244.25 feet; thence South 38Q26'42" East, 48.57 to the point of beginning.
Also, Commencing at the North 1/4 corner of said Section 12; thence South 88055'59''
East, 623.00 feet along the North line of said Section 12 to the Southwest right of way of the
Union Pacific Railroad; thence North 38026'42" West, 18.60 feet along said right of way;
thence continuing North 38026'42" West, 345.97 feet along said right of way to the point of
beginning; thence South 51 °33'18" West, .80.00 feet; thence North 38026'42" West, 120.00
feet; thence North 51°33'18" East, 80.00 feet; thence South 38026'42" East, 120.00 feet to
the point of beginning.
These parcels contain 1.79 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
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Parcel 43