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2003-418RESOLUTION NO. 2003-418 A Resolution authorizing the City Manager to acquire by purchase real property located at 2042 Beloit Avenue, 2024 Beloit Avenue and 125 Kellogg 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, Johnson-Ryan Partnership, LLP owns the real property located at 2042 Beloit Avenue, 2024 Beloit Avenue, and 125 Kellogg 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 0.15 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 Johnson- Ryan property in the amount of Seventeen Thousand Five Hundred and no/Dollars ($17,500.00); 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, Johnson-Ryan Partnership, 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: September 22, 2003 APPROVEf): ~ Slr~ve-n E. Sheiffer, City Manage[// - Jea~nn Wulf, City Clerk-Treasurer City Attordey '"--~' 2" ' 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 Lots 1, 4 and 5, Block 6, Sundown Acres, being part of the Northeast 1/4 of the Southeast 1/4 of Section 12, in Town 2 North, Range 12 East, in the City of Janesville, County of Rock, State of Wisconsin, bounded and described as follows: Beginning at the Northwest corner of said Lot 1; thence South 88057'22'' East, 20.00 feet along the North line of said Lot 1; thence South 00°26'41" East, 65.00 feet; thence South 45017'58" West, 27.91 feet to the West line of said Lot 1; thence North 00°26'41" West, 85.00 along said West line to the point of beginning. Also the Easterly 15.00 feet of said Lots 4 and 5, Block 6, Sundown Acres, as measured at right angles from the East line of said Lots 4 and 5. These parcels contain 0.15 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 Beloit Avenue, from said abutting real estate on the West side of Beloit Avenue by means of one access point. 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 Easterly 40.00 feet of the Southerly 40.00 feet of the owners remaining land in said Lot 4 and the Easterly 10.00 feet of the Northerly 296.90 feet of the owners remaining land in Lots 4 and 5, Block 6, Sundown Acres, as measured at right angles from the East line of said Lots 4 and 5. These parcels contain 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 Rev. 09/20/02 Page 1 of 1 Parcel 13