2003-393RESOLUTION NO. 2003-393
A Resolution authorizing the City Manager to acquire by purchase real property located at 2229
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, Kjell Properties, LLC owns the real property located at 2229 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 0.04 acres of land, rights of
vehicular access, and a Temporary Interest to grade slopes and driveways on 0.04 acres, as shown in
attached Exhibit A, contingent upon Common Council approval as the means to acquire the Kjell
property in the amount of Two Thousand Six Hundred and no/100 Dollars ($2,600.00); 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, Kjell Properties, 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.
July 28, 2003
ADOPTED:
APPROVED: C '
Steven E. Sheiffe~
ATTEST:
Je/a~Ann Wulf, City Clerk-Treasurer
APPRO/~/ED AS[T(~ FORM:
City~A. tt~orn ey
Proposed by: City Administration
Prepared by: Community Development Planner
MOTION BY: Steeber
SECOND BY: Addle
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 Lot 1 of Certified Survey Map No. 1429655, recorded in Volume 22, Pages 356,
as Document No. 1429655, being part of the Northwest 1/4 of the Southwest 1/4 of Section 7, in
Town 2 North, Range 13 East, in the City of Janesville, County of Rock, State of Wisconsin,
bounded and described as follows:
Beginning at the Southwest corner of said Lot 1, thence North 00°26'41'' West, 186.78 feet
along the West line of said Lot 1 to the owners North line; thence North 89044'49" East, 5.00 feet
along said North line; thence South 00°26'41'' East, 152.54 feet; thence South 49°27'17'' East,
52.99 feet to the South line of said Lot 1; thence North 89°46'10" West, 45.00 feet along the
South line of said Lot 1 to the point of beginning.
This parcel contains 0.04 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 highways, currently designated as Beloit
Avenue and Burbank Avenue, 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 Beloit Avenue and where the remaining real property of the owner abuts that portion
of Burbank Avenue lying in the Westerly 85.00 feet of the Northwest 1/4 of the Southwest 1/4 of
said Section 7.
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 Westerly 10.00 feet of the owners remaining land in Lot 1 of Certified Survey Map No.
1429655, recorded in Volume 22, Page 356 as Document 1429655; abutting the Easterly right of
way line of Beloit Avenue, as measured at right angles from said right of way line.
This parcel contains 0.04 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. 09/20/02 Parcel 17
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