2005-147
RESOLUTION NO. 2005-147
A Resolution Authorizing the Acquisition by Eminent Domain or Otherwise of Certain
Real Estate Property Located at 339 West Delavan Drive (referred to for City Purposes
As Parcel 3, James G. Campbell) for the West Delavan Drive Improvement and Related Public
Purpose(s) Project.
WHEREAS, the Janesville City Council 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, 66.0 I 01, 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 West Delavan Drive Improvement and Related Public Purposes(s) Project, City of Janesville,
Rock County, Project I.D. 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 of real property, or portions and interests thereofloeated at 339 West
Delavan Drive in the City of Janesville, County of Rock, State of Wisconsin legally described as:
I. 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 of benefit to the community.
NOW, THEREFORE, BE IT RESOLVED By the Common Council ofthe 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, ineluding, issuance and delivery of a Jurisdictional Offer
in the amount of$9,400.00 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.
APPROVED AS TO FORM:
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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
ADOPTED: Februarv 28. 2005
APPROVED: . /
I' f.' I/o /1/
/( ., L,/":./
-Stè'1en Ë Sheiffer, City ~n;/ger
ATTEST:
I
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
of Lot 98 of Spring Brook Addition to the City of Janesville, located in the Southwest V4 of the
Northeast V4 of Section I, T2N, R12E, City of Janes vi lie, Rock County, Wisconsin:
Commencing at an aluminum monument at the cast 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°2] '43" W, 19.05 feet along said south right-of-way line;
Thence continuing N 89°2] , 43" W, 50.53 feet along said south right-of-way line to the existing
property line and the point of beginning;
Thence S 00°51' 12" E, 11.00 feet along said property line;
Thence N 89°2] '43" W, 143.93 feet;
Thence southwesterly 31.18 feet, along the arc 0 f a curve concave to the southeast having a
radius of 19.50 feet (the chord bears S 44°49'39" W, 27.96 feet) to the existing east right-
of-way line of Jackson Street, also being point "904";
Thence N 00°59'00" W, 31.06 feet along said cast right-of-way line of Jackson Street to the
existing south right-of-way line of Delavan Drive;
Thence S 89°21 '43" E, 164.01 feet along said south right-of-way line to the existing property
line and the point of beginning.
Said parcel contains 1,891 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 following tract of land being part of Lot 98 of Spring Brook
Addition to the City of Janesville, located in the Southwest V4 of the Northeast 1;4 of Section 1,
T2N, RI2E, City of Janes vi lie, Rock County, Wisconsin:
Beginning at point "904" as located in the above described traverse;
Thence northeasterly 31.18 feet along the arc of a curve concave to the southeast having a radius
of 19.50 feet (the chord bears N 44°49'39" E, 27.96 feet);
Thence S 89°2] , 43" E, 143.93 feet;
Thence S 00°51' 12" E, 9.00 feet;
Thence N 89°2] '43" W, 152.91 feet;
Thence S 44°49'38" W, 15.41 feet to the existing east right-of-way line of Jackson Street, also
being point "904", and the point of beginning.
Said tract contains 1,450 sf.
Project J.D. 5990-00-21
2/23/2005
Parcel 3