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2004-10RESOLUTION NO. 2004-10 A Resolution Authorizing the Acquisition by Eminent Domain or Otherwise of Certain Real Estate Property Located at 112 Kellogg Avenue (referred to for City Purposes As Parcel 26, Lucile Ann Flynn) for the Janesville Transportation Improvements and Related Public Purpose(s) Project. (File Resolution No. 2004-10) 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 th Janesville Plan Commission after public heating thereon on the 15 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 112 Kellogg 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 $40,990.00 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: February 9. 2004 APPROVED: ~t~'ven E. Shei~fer, Cit.~/Manager ATTEST: Jean/P~nn Wuli', c~ty Clerk-~reast~[~r APPROVED AS TO FORM: City Attorney ' / Proposed by: City Administration Prepared by: City Attomey MOTION BY: DeGarmo 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 12, in Town 2 North, Range 12 East, in the City of Janesville, County of Rock, State of Wisconsin, bounded and described as follows: Commencing at the East 1/4 corner of said Section 12; thence North 88059'22'' West, 470.21 feet along the South line of said Northeast 1/4 of Section 12; thence North 00055'38" East, 330.00 feet to the owners South property line; thence South 88°54'32'' East, 10.02 feet along said property line to the point of beginning; thence North 00°55'19'' East, 145.88 feet; thence to the beginning of a 500.00 foot radius curve to the left, whose chord bears North 18°45'21" West, 336.88 feet; thence Northwesterly along the arc of said curve, 343.60 feet; thence North 38o26'42" West, 253.07 feet to the owners West property line; thence North 00055'38" East, 126.12 feet along said West line to the owners North property line; thence South 38026'42" East, 558.03 feet along said North line; thence South 00055'23'' West, 233.04 feet; thence to the beginning of a 364.01 foot radius curve to the left, whose chord bears South 08°45'18" East, 122.44 feet; thence Southeasterly along the arc of said curve, 123.02 feet to a South property line of the owner; thence North 88°54'32'' West, 100.58 feet to the point of beginning. Also, commencing at the East 1/4 corner of said Section 12; thence North 88059'22'' West, 165.00 feet along the South line of said Northeast 1/4 of Section 12 to the point of beginning; thence continuing North 88059'22'' West, 20.00 feet; thence North 00029'28" West, 132.35 feet; thence South 88°57'22'' East, 23.09 feet; thence South 00050'53'' West, 132.29 feet to the South line of said Northeast 1/4 of Section 12 and point of beginning. Also, commencing at the East 1/4 corner of said Section 12; thence North 00o29'28'' West, 171.38 feet along the East line of said Northeast 1/4 of Section 12 to the point of beginning; thence North 38026'42" West, 113.82 feet; thence North 00029'28'' West, 56.31 feet; thence South 38026'42" East, 113.82 feet to the East line of said Northeast 1/4; thence South 00029'28'' East, 56.31 feet along said East line of said Northeast 1/4 of Section 12 to the point of beginning. This parcel contains 0.06 acres of land already in use for highway purposes and '1.73 acres of additional land. Project I.D. 5990-03-52 11/09/01 Parcel 26 Page 1 of 2 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 Kellog 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 and Kellog Avenue. Except the right of access to the new roadway, from said abutting real estate on the East side of the new roadway by means of one access point located within the Northerly 150.00 feet of the remaining property of the owner. Also except the right of access to the new roadway, from said abutting real estate on the West side of the new roadway by means of one access point located within the Northwesterly 253.07 feet, as measured along the new westerly right of way, of the remaining property of the owner. Also, no right of access shall accrue between the right of way of the new roadway and all of the remaining property of the owner. 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 and Northeasterly 20.00 feet of the owners remaining land, abutting the Westerly and Southwesterly right of way line of the new roadway, as measured at right angles to and concentric with said right of way line. Also the Westerly 10.00 feet of the owners remaining land, abutting the South 198.39 feet of the Easterly right of way line of the new roadway, as measured at right angles to said right of way line. Also the Southerly 10.00 feet of the owners remaining land, abutting the Northerly right of way line of said new roadway, as measured concentric with said right of way line. These parcels contain 0.41 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 26 Page 2 of 2