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
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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
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