2004-16RESOLUTION NO. 2004-16
A Resolution Authorizing the Acquisition by Eminent Domain or Otherwise of Certain
Real Estate Property Located at 2302 Beloit Avenue (referred to for City Purposes
As Parcel 7, McAllen Investments) for the Janesville Transportation Improvements and Related
Public Purpose(s) Project. (File Resolution No. 2004-16)
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 2302 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 $28,700.00 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: February 9, 2004
APPROVED:
Steven E. Sheiffer, City'Manager
ATTEST:
Jean ~i~ Wulf,'city Clerk-Treas~
APPROVED AS TO FORM:
City Attorney
Proposed by: City Administration
Prepared by: City Attomey
MOTION BY: Steeber
SECOND BY: Mur')hy
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 Block 11, Second Sundown Acres, being part of the Southeast 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 Northeast corner of Block 11, Second Sundown Acres; thence South
00°26'41" East, 160.05 feet along the East line of said Block 11 to the South line of said Block
11; thence North 88059'22'' West, 15.00 feet along the South line of said Block 11; thence
North 00°26'41'' West, 142.55 feet; thence North 40025'42'' West, 23.34 feet to the North line
of said Block 11 and the South right of way of Burbank Avenue; thence South 88059'22'' East,
30.00 feet along said North line of Block 11 to the point of beginning.
This parcel contains 0.06 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 Beloit Avenue and where the remaining real property of the owner abuts that
portion of Burbank Avenue lying in the Easterly 110.00 feet of the Southeast 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 15.00 feet of the owners remaining land in Block 11, 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 7