2003-410RESOLUTION NO. 2003-410
A Resolution Authorizing the Acquisition by Eminent Domain or Otherwise of Certain
Real Estate Property Located at 3020 Beloit Avenue (referred to for City Purposes
As Parcel 2, Jackie B. Gore) for the Janesville Transportation Improvements and Related Public
Purpose(s) Project. (File Resolution No. 2003-410)
WHEREAS, the Janesville City Council has previously approved an original and various
amended right-of-way plats for the General Motors Transportation project, a public purpose project
authorized pursuant to Sections 62.22, 62.23, 66.0101, Chapter 32, and other pertinent provisions of
the Wisconsin Statutes, for highway and related public purposes, and has adopted and authorized the
City Manager to file a Relocation Order with the County Clerk for Rock County, Wisconsin, for the
Project identified in the caption to this Resolution; and
WHEREAS, it is necessary for the City of Janesville to acquire various land and land interests
for the Janesville Transportation Improvements and Related Public Purposes(s) Project, City of
Janesville, Rock County, Project I.D. 5990-03-50, as approved by the Wisconsin Department of
Transportation; and
WHEREAS, these acquisitions, plan and use(s) were properly reviewed and approved by the
Janesville Plan Commission after public hearing thereon on the 7th day of August, 2000, but without
review, comment, or recommendation concerning the financial aspects of this transaction; and
WHEREAS, the City Administration to date has attempted unsuccessfully to negotiate the
voluntary sale of a parcel of real property, or portions and interests thereof located at 3020 Beloit
Avenue in the Town of Rock, County of Rock, State of Wisconsin legally described as:
Fee title to the following lands:
(See Attachment A which is incorporated herein as if fully set forth verbatim.)
°
A temporary limited easement affecting the following lands:
(See Attachment A which is incorporated herein as if fully set forth verbatim.)
for this project; and
WHEREAS, acquiring these parcels of real property or interests therein for the public purpose
of accomplishing necessary transportation improvements and related public purposes is authorized by
law and 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 the City Administration of the City of Janesville is hereby authorized and directed to acquire the
above described property from the respective owner in any manner authorized by law, including, but
not limited to, eminent domain, for such legitimate 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 additional, other and/or amended contracts,
documents, negotiations and/or agreements, including, issuance and delivery of a Jurisdictional Offer
in the amount of $34,700.00 for the fee title interest in the parcel identified in the caption to this
Resolution, and to take such other actions as the City Manager and/or his designee(s) may deem
necessary and/or desirable to effectuate the intent of this Resolution on behalf of the City of Janesville.
ADOPTED: September 22, 2003
APPROVED:
Steven E. Sheiffer, City Manager
ATTEST:
Je/Ann Wu]f, ~y Clerk-Treas~r~
APPROVED AS TO FORM:
City Attorney' ~' / ~
Proposed by: City Administration
Prepared by: City Attorney
MOTION BY: Steeber
SECOND BY: Addie
COUNCILMEMBER AYE NAY PASS ABSENT
ADDLE X
MURPHY X
DEGARMO X
STEEBER X
WILLIAMS X
BRIEN X
WELLNITZ X
Attachment A
LEGAL DESCRIPTION
Fee Title in and to the following tract of land in Rock County, State of Wisconsin,
described as follows:
That part of the Southeast 1/4 of the Northeast 1/4 of Section 13, Township 2 North,
Range 12 East, in the Town of Rock, County of Rock, described as follows:
Commencing at the East 1/4 corner of said Section 13; thence North 00°08'14''
West, 233.34 feet along the East line of said Section 13 to the point of beginning; thence
North 88°44'19'' West, 66.88 feet along the owners South property line; thence North
00014'29" East, 399.94 feet to the owners North property line; thence South 88°44'19''
East, 64.24 feet along said property line to the owners East property line and the East line
of said Section 13; thence South 00°08'14'' East, 400.00 feet along said Section line to
the point of beginning.
This parcel contains 0.30 acres of land already in use for highway purposes and
0.30 acres of additional land.
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, 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 5.00 feet of the owners remaining land abutting the Westerly right of
way line of Beloit Avenue, as measured at right angles from said right of way line.
This parcel contains 0.05 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 11/09/01 Parcel 2