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2003-411RESOLUTION NO. 2003-411 A Resolution authorizing the City Manager to acquire by purchase real property located at 2315 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, Kamphuis LLC owns the real property located at 2315 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 25m day of June, 2001; and WHEREAS, The City Administration has negotiated an offer to purchase 0.06 acres of land, rights of vehicular access, and a Temporary Interest to grade slopes on 0.03 acres, as shown in attached Exhibit A, contingent upon Common Council approval as the means to acquire the Kamphuis property in the amount of Five Thousand Two Hundred Fifty and no/Dollars ($5,250.00); 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, Kamphuis 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. ADOPTED: September 22, 2003 APPROVED: ~even E. Sheiffer, City Man~e~ ATT.,E,8'~ ~ / n Afin-~uff, Cit~; Clerk-Treasurer City Attorney Proposed by: City Administration Prepared by: Community Development Planner MOTION BY: Steeber SECOND BY: DeGarmo 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. 848868a, recorded in Volume 5, Pages 348- 349, as Document No. 848868a, being part of the Southwest 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 Northwest corner of Lot 1, Certified Survey Map Number 848868a, Volume 5, Pages 348-349, recorded as Document Number 848868a; thence South 89°46'10" East, 45.00 feet along the North line of said Lot 1; thence South 44053'35'' West, 56.23 feet; thence South 00°26'41" East, 280.33 feet to the South line of said Lot 1; thence North 89°46'21" West, 5.00 feet along said South line of Lot 1 to the West line of said Lot 1; thence North 00°26'41" West, 320.33 along the West line of said Lot 1 to the point of beginning. This parcel contains 0.06 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 Southwest 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 5.00 feet of the owners remaining land in Lot 1 of Certified Survey Map No. 8488680, recorded in Volume 5, Pages 348-349 as Document 8488680; abutting the Easterly right of way line of Beloit Avenue, as measured at right angles from said right of way line. This parcel contains 0.03 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 8 Page 1 of 1