2004-11RESOLUTION NO. 2004-011
A Resolution Authorizing the Acquisition by Eminent Domain or Otherwise of Certain
Real Estate Property Located at 2104 Beloit Avenue (referred to for City Purposes
As Parcel 12, DMDM Inc./AMP Electric) for the Janesville Transportation Improvements and
Related Public Purpose(s) Project. (File Resolution No. 2004-011)
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. 5990-03-52, 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 15th day of October 2001, 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 2104 Beloit
Avenue in the City of Janesville, 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 $45,000.00 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: January 26, 2004
APPROVED:
Ste~en E. Sheiffer, Cit~'lglanager
ATTEST:
Je/gd Ann-Wulf,~'~li); Clerk-Treastu~
APPROVED AS TO FORM:
City Attorney
Proposed by: City Administration
Prepared by: City Attorney
II,.l
MOTION BY: Steeber
SECOND BY: Wellnitz
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, Sundown Replat, a recorded subdivision, 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:
The East 15.00 feet of said Sundown Replat, Volume 32, Pages 368, recorded as
Document Number 1340588, as measured at right angles from the East line of said
Sundown Replat.
This parcel contains 0.12 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 Northerly 60.00 feet of the owners remaining land in
said Lot 1 and the Easterly 10.00 feet of the Southerly 278.38 feet of the owners
remaining land in said Lot 1, Sundown Replat, Volume 32, Pages 368, recorded as
Document Number 1340588, abutting the Westerly right of way line of Beloit Avenue, as
measured at right angles from said right of way line.
This parcel contains 0.12 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 12