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
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