2003-385RESOLUTION NO. 2003-385
A Resolution authorizing the City Manager to acquire by purchase real property located at 2201
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, LKQ Star Auto Parts LLP owns the real property located at 2201 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 0.13 acres, as shown in
attached Exhibit A, contingent upon Common Council approval as the means to acquire the Star property
in the amount of Three Thousand Eight Hundred and no/Dollars ($3,800.00); 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, LKQ Star Auto Parts, LLP, 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 14, 2003
APPROVED'~ A ("'"' x? ~
Steven E. Sheiffer, City Ma~;,g~- /~
Je/Ann Wul~, (~itY Clerk-Treasurer /
APP-I~ED~,ST(~FO~M:D S T F M:
City~o~ney
Proposed by: City Administration
Prepared by: Community Development Planner
MOTION BY: DeC-az;mo
SECOND BY: Add-[e
COUNCILMEMBER AYE NAY PASS ABSENT
ADDLE X
MURPHY ~(
DEGARMO ~
STEEBER ~
WILLIAMS ~
BRIEN ~
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 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:
Commencing at the West 1/4 corner of said Section 7; thence South 00°26'41" East,
733.37 feet along the West line of the Southwest 1/4 of said Section 7 to the North line of
the owner and point of beginning; thence North 89044'49'' East, 45.00 feet along said North
line; thence South 00°26'41'' East, 366.77 feet to the owners South line; thence South
89°44'49'' West, 45.00 feet along said South line to the West line of the Southwest 1/4 of
said Section 7 and West line of the owner; thence North 00°26'41" West, 366.77 feet along
the said West line to the point of beginning.
This parcel contains 0.34 acres of land already in use for highway purposes and 0.04
acres of additional land.
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 Beloit
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.
Except the right of access to Beloit Avenue, from said abutting real estate on the
East side of Beloit Avenue by means of one access point.
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 15.00 feet of the owners remaining land, 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.'13 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
Page 1 of I
Parcel 18