2017-1404 RESOLUTION NO. 2017-1404
A resolution vacating Kellogg Court.
WHEREAS, Kellogg Court hereinafter designated and previously dedicated for street purposes is hereby
determined to be no longer needed for public use, and therefore, the public interest requires the vacation of
such street portion; and
WHEREAS, it has been determined that the traffic flow will not be impeded by the vacation of such street
portion: and
WHEREAS, the proposed street vacation has been referred to the Plan Commission for its consideration
and report as required by 62.23(5), Wisconsin State Statutes; and
WHEREAS, the public hearing was held on vacation of such street portion and notice required by
Wisconsin Statutes 66.1003 has been timely published and served; and
NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE that
the following described street portion be and is hereby vacated and discontinued pursuant to 66.1003 and
62.22(Im), Wisconsin Statutes:
PART OF THE SE 1/4 OF THE NE 1/4 AND PART OF THE NE 1/4 of the SE 1/4 OF SECTION 12, T.2N.,
R.12E., OF THE 4TH P.M., CITY OF JANESVILLE, ROCK COUNTY. WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at the East 1/4 corner of said Section; thence S76°06'08"W
165.65 feet to the NW corner of Lot 1 of a Certified Survey Map recorded in Volume 30, Pages 205 through
207 of Certified Survey Maps of Rock County, Wisconsin, as Document No. 1763298, also being at the
place of beginning for the land to be herein described; thence N88°56'59"W along the North line of Block 6
of Sundown Acres, 160.66 feet; thence N14°54'W 78.0 feet to the North 33 foot 1/2 right of way line of
Kellogg Avenue prior to relocation: thence S88°56'59"E along said North Line, 117.97 feet; thence
S66°05'45"E 32.11 feet to a point of curve; thence southeasterly along a curve to the left, 102.69 feet,
having a radius of 355.0 feet and a chord bearing S74°22'58"E 102.33 feet; thence S39°38'39"E 48.52 feet
to said North Line of said Lot 1; thence N88°56'59"W along said North Line, 96.13 feet to the place of
beginning.
NOW THEREFORE BE IT FURTHER RESOLVED that the City of Janesville hereby retains an easement
for utility purposes over the entire land area herein described; and
BE IT FURTHER RESOLVED that in addition to all other reservations and property rights and privileges
retained by the City of Janesville set forth elsewhere in this resolution and/or by other instrument or
operation of law, this vacation by the Common Council of the City of Janesville is subject to the following
conditions:
1. This vacation shall be contingent upon positive action by the Common Council to rezone property
south and adjoining the Kellogg Court right-of-way.
2. All existing street surface areas, including curb and gutter, on Kellogg Court from Kellogg Avenue to
the east shall be removed and said area shall be restored to green space per the approved
development plans for the site at the expense of the owners of abutting property to the south of the
vacated right-of-way.
3. Curb, gutter, and public sidewalk shall be constructed along that portion of Kellogg Avenue currently
intersecting Kellogg Court to close up the street. Costs to install these improvements shall be
satisfied by the owners of abutting property to the south of the vacated right-of-way.
RESOLUTION NO. 2017-1404
PAGE 2
4. Any portions of vacated right-of-way reverting to City of Janesville ownership are hereby transferred
to the owners of the abutting property to the south.
ADOPTED: May 22, 2017 Motion by: Gruber
Second by: Jorgensen
APPROVED: Councilmember Aye Nay Pass Absent
Conley X
Farrell X
Mark A. reitag, City Manager Gruber X
Jorgensen X
ATT Marklein X
J�--� Williams X
Wolfe X
avid T. Godek, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klim yk, City Attorney
Proposed by: Applicant
Prepared by: Planning Services Division