2005-144
RESOLUTION NO. 2005-144
A Resolution Authorizing the Acquisition by Eminent Domain or Otherwise of Certain
Real Estate Property Located at 1029 South Jackson Street (referred to for City Purposes
As Parcel 4, Certified Parts) for the \Vest Delavan Drive Improvement and Related Public
Pu rpose( s) Proj ect.
WHEREAS, the Janesville City Couneil has previously approved an original right-of-way plat
for the West Delavan Drive Improvement project, a public purpose project authorized pursuant to
Sections 62.22, 62.23, 6Ú.OIOI, 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 Jancsville to acquire various land and land interests
for the West Delavan Drive Improvement and Related Public Purposes(s) Project, City of Janesville,
Rock County, Project 1.0. 5990-00-21, 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 ill day of September 2004, 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 0 f real property, or portions and interests thereof located at 1029 South
Jackson Street in the City of Janesville, County of Rock, State of Wisconsin legally described as:
1. Fee title to the following lands:
(See Attachment A which is incorporated herein as if fully set forth verbatim.)
2. A temporary limited casement 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 ofbenefìt to the community.
NOW, THEREFORE, BE IT RESOLVED By the Common Council of the City of Janes viI Ie
that the City Administration of the City of Janes vi I Ie 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 $5,500.00 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 28, 2005
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J nAnn Wulf, City Clerk-Treasurer/
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Motion by: DeGarmo
Second by: Tom Wellnitz
Councilmember Aye Nay Pass Absent
Wellnitz, Tim X
Brien X
Williams X
Wellnitz, Tom X
Steeber X
DeGarmo X
Addie X
APPROVED:
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Steven E. Sheiffer, City M'anager
ATTEST:
APPROVED AS TO FORM:
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City Attorney
Proposed by:
Prepared by:
City Administration
Community Development Planner
Attachment A
LEGAL DESCRIPTION
Fee title for the owner's interest in land contained within the following described tract being part
ofa parcel of land in the South Yz of the Northeast I/'¡ of Section 1, T2N, R12E, City of Janes vi lie,
Rock County, Wisconsin:
Commencing at an aluminum monument at the east quarter corner of said Section 1;
Thence N 46°57'46" W, 1591.18 feet to the existing south right-of-way line of Delavan Drive;
Thence N 89°15'15" W, 103.23 feet along said south right-of-way line;
Thence N 89°21 ' 43" W, 29.45 feet along said south right-of-way line;
Thence continuing N 89°21 '43" W, 19.05 feet along said south right-of-way line to the existing
property line and the point of beginning;
Thence S 00°51' 12" E, 10.12 feet along said property line to point "908";
Thence S 86°53 '30" W, 13.53 feet;
Thence N 89°21 '43" W, 37.00 feet to the existing property line;
Thence N 00°51' 12" W, I 1.00 feet along said property line to the existing south right-of-way
line of Delavan Drive;
Thence S 89°21 '43" E, 50.53 fcet along said south right-of-way line to the point of beginning.
Said parcel contains 550 sf.
Also a temporary limited easement for slopes including for such purpose the right to operate
necessary equipment thereon, the right of ingress and egress, as long as required for such public
purpose, including the right to preserve, protect, remove or plant thereon any vegetation that the
highway authorities may deem desirable to prevent the erosion of the soil. This easement is to
terminate upon the completion of the construction of this project.
Said easement consists of the owner's interest in the following tract of land being part ofa parcel
of land in the South Yz of the Northeast 14 of Section 1, T2N, R12E, City of Janesville, Rock
County, Wisconsin:
Beginning at point "908" as located in the above described traverse;
Thence S 00°51' 12" E, 9.89 feet along the existing property line;
Thence N 89°21 '43" W, 50.53 feet to the existing property line;
Thence N 00°51' 12" W, 9.0() feet along said property line;
Thence S 89°21 '43" E, 37.00 feet;
Thence N 86°53'30" E, 13.53 feet to the existing property line, also being point "908", and the
point of beginning.
Said tract contains 461 sf.
Project 1.0. 5990-00-21
2/23/2005
Parcel 4