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2003-387RESOLUTION NO. 2003-387 A Resolution authorizing the City Manager to acquire by purchase real property located at 2013 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 2013 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 Four Thousand Seven Hundred and no/Dollars ($4,700.00); 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 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 APPROVE~: -- ,q _ St~v~'E. ~t~eiffer, City M-anagerJ ATTEST: Jean~k~n Wulf, City Clerk-Treasurer City Ad~'r~ey -- - 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 Lot 1 of Certified Survey Map No. 1430312, recorded in Volume 22, Pages 365, as Document No. 1430312, 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 Lot 1, thence North 00°26'41'' West, 356.44 feet along the West line of Lot 1 to the North line of Lot 1; thence North 89°33'19'' East, 5.00 feet along said North line; thence South 00°26'41" East, 356.46 feet to the South line of Lot 1; thence South 89°44'49'' West, 5:00 feet along said South line to the West line of Lot 1 and 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 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 on the East side of Beloit Avenue by means of two access points. 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 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 Southerly 193.90 feet and the Westerly 5.00 feet of the owners remaining land in said Lot I of Certified Survey Map No. 1430312, recorded in Volume 22, Pages 365, as Document No. 1430312, abutting the Easterly right of way line of Beloit Avenue, 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 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 1 Parcel 19