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2003-419RESOLUTION NO. 2003-419 A Resolution authorizing the City Manager to acquire by purchase real property located at 112 West Burbank 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 Trans;~ortation 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 112 West Burbank 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 0.09 acres of land, rights of vehicular access, and a Temporary Interest to grade slopes and driveways on 0.11 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 Five Thousand Seven Hundred and no/Dollars ($5,700.00); 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, 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 ~te~'~n E. Shei~r,'~ity Manazj~r ATTES~.T.~-) /~2 / J~ Ann VPu~'f, C'itry Clerk-Treasurer/ APPROVED AS TO FORM: 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. 1238942, recorded in Volume 17, Pages 318-319, as Document No. 1238942, 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 Southeast corner of Lot 1, Certified Survey Map Number 1238942, Volume 17, Pages 318-319, recorded as Document Number 1238942; thence North 88059'22'' West, 35.00 feet along the South line of said Lot 1; thence North 45016'58" East, 27.92 feet; thence North 00°26'41" West, 230.00 feet to the North line of said Lot 1; thence South 88059'22'' East, 15.00 feet along said North line to the East line of said Lot 1; thence South 00°26'41" East, 250.00 feet to the point of beginning. This parcel contains 0.09 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 that portion of Beloit Avenue lying South of Station 142+00.00 as shown on right of way plat Sheet 4.7 of Project No. 5990-03-52 thereof and where the remaining real property of the owner abuts that portion of Burbank Avenue lying in the Easterly 75.00 feet of the Northeast 1/4 of the Southeast 1/4 of said Section 12. 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 Easterly 20.00 feet of the owners remaining land in Lot 1, abutting the Westerly right of way line of Beloit Avenue, as measured at right angles from said right of way line. This parcel contains 0.11 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. 12/04/02 Parcel 9 Page 1 of 1