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2003-386RESOLUTION NO. 2003-386 A Resolution authorizing the City Manager to acquire by purchase real property located at 2101 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, Gary L. Ackerman and Robert H. Ackerman own the real property located at 2101 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 0.05 acres of land, rights of vehicular access, and a Temporary Interest to grade slopes and driveways on 0.10 acres, as shown in attached Exhibit A, contingent upon Common Council approval as the means to acquire the Ackerman property in the amount of Eleven Thousand Eight Hundred and no/Dollars ($11,800.00); and WHEREAS, the acquisition, plan and use(s) were ~roperly reviewed and approved by the Janesville Plan Commission after public hearing thereon on the 15 h 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 owners, Gary L. Ackerman and Robert H. Ackerman, 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 APPROVJ~: /'}~ . C~n E. Sheiffer, C~y Manage/ ATTEST: Je~3j~nn~WuJf, City Clirk-Treasure~ -- / APPR~' OVE~ AS ~'O FO~,IV~ /I ,.L._ ~Il .... City At, Jj~e~ Proposed by: City Administration Prepared by: Community Development Planner MOTION BY: DeGarmo 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 the Southwest 1/4 of the Northwest 1/4 and 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 West 1/4 corner of said Section 7; thence North 00029'28'' West, 226.31 feet along the West line of the Northwest 1/4 of said Section 7 to the owners North property line; thence South 38°04'28'' East, 73.78 feet along said North line; thence South 00029'28'' East, 168.40 feet; thence South 00°26'41" East, 99.14 feet to the South line of the parcel being described; thence along said South line, South 89°33'19'' West, 45.00 feet to the West line of the Southwest 1/4 of said Section 7; thence North 00°26'41" West, 99.66 feet along said West line of said section to the point of beginning. Also that part of Lot 1 of Certified Survey Map No. 870489, recorded in Volume 7, Page 15, as Document No. 870489, 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: The Westerly 5.00 feet of said Lot 1 as measured at right angles from the West property line of said Lot 1. These parcels contain 0.28 acres of land already in use for highway purposes and 0.05 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 the Beloit Avenue, from said abutting real estate by means of one access point located within the Northerly 40.00 feet of the Southerly 67.36 feet of the Southwest 1/4 of the Northwest 1/4 of said Section 7. Also, a Temporary Interest for the right to grade slopes and a driveway, 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 Project I.D. 5990-03-52 11/09/01 Parcel 22 Page I of 2 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, abutting the Easterly right of way line of Beloit Avenue, as measured at right angles from said right of way line. This parcel contains 0.10 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 11/09/01 Parcel 22 Page 2 of 2