2005-148
RESOLUTION NO. 2005-148
A Resolution authorizing the City Manager to acquire by purchase real property located at 1002
Beloit Avenue for the West Delavan Drive Improvement Project.
WHEREAS, the Janesville City Council has previously approved the right-of-way plat for the West
Delavan Drive Improvement Project and has authorized the City Manager to file a Relocation Order with
the Register of Deeds for Rock County, Wisconsin for Transportation purposes in accord with this project;
and
WHEREAS, it is necessary for the City of Janesville to acquire various land and land interests for the
West Delavan Drive Improvement Project, City of Janesville, Rock County, Project I.D. 5990-00-21, as
approved by the Wisconsin Department of Transportation; and
WHEREAS, Kurt Marling owns the real property located at 1002 Beloit Avenue, Janesville, WI, which is
on the selected route for this transportation project as previously approved by the Janesville City Council
in Resolution No. 2004-78 approved and adopted on the 13th day of September, 2004; and
WHEREAS, The City Administration has negotiated an offer to purchase 0.0073 acres of land and a
Temporary Limited Easement to grade slopes and driveways on 0.01 acres, as shown in attached Exhibit
A, contingent upon Common Council approval as the means to acquire the Marling property in the
amount of Three Thousand Four Hundred and no/100 ($3,400.00) Dollars; and
WHEREAS, the acquisition, plan and use(s) were properly reviewed and approved by the Janesville Plan
Commission after public hearing thereon on the yth day of September, 2004, but without review, comment
or recommendation concerning the financial aspects of this transaction; and
WHEREAS, acquiring this property for such public transportation and related purposes is authorized by
Section 62.22 and other related provisions of the Wisconsin Statutes, and it 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 they
hereby authorize and direct the City Manager and/or his designees to purchase and acquire said property
from the owner, Kurt Marling, in accord with the plan, offer to purchase and 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 contracts, documents, and agreements and take
such other actions as the City Manager and/or his designees may deem necessary or desirable to
effectuate the intent of this resolution.
ADOPTED:
February 28, 2005
Motion by: Williams
Second by: DeGarmo
Councilmember Aye Nay Pass Absent
Wellnitz, Tim X
Brien X
Williams X
Wellnitz, Tom X
Steeber X
DeGarmo X
Addie X
APPROVED:
I I (
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Steven E. Sheiffer, City Manager. .
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APPROVED AS TO FORM: .
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City Attorney J
Proposed by:
Prepared by:
City Administration
Community Development Planner
LEGAL DESCRIPTION
Fee title for the owner's interest in land contained within the following described tract being part
of Lot 1 of Spring Brook Addition to the City of Janesville, located in the Southeast !j¡ of the
Northeast !j¡ of Section I, T2N, R 12E, City of Janesville, Rock County, Wisconsin:
Commencing at an aluminum monument at the east quarter comer of said Section 1;
Thence N 00°31 '15" W, 1103.47 feet along the east line of said Section 1 to the centerline of
Delavan Drive;
Thence N 89°15'15" W, 32.29 feet along said centerline;
Thence S 00°44'44" W, 32.50 feet to the existing south right-of-way line of Delavan Drive, also
being the point of beginning;
Thence S 00°31' 15" E, 38.64 feet along the existing west right-of-way line of Beloit Avenue to
point "917";
Thence northwesterly 61.17 feet, along the arc of a curve concave to the southwest having a
radius of39.50 feet (the chord bears N 44°53'15" W, 55.24 feet) to the existing south right-
of-way line of Delavan Drive;
Thence S 89°15' 15" E, 38.64 feet along said south right-of-way line to the point of beginning.
Said parcel contains 318 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 casement consists of the following tract of land being part of Lot 1 of Spring Brook
Addition to the City of Janesville, located in the Southeast ~-4 of the Northeast !j¡ of Section 1,
T2N, R 12E, City of Janesville, Rock County, Wisconsin:
Beginning at point "917" as located in the above described traverse;
Thence N 44°53' 15" W, 55.24 feet to the existing south right-of-way line of De1avan Drive;
Thence southeasterly 61.17 feet, along the arc of a curve concave to the southwest having a
radius of 39.50 feet (the chord bears S 44°53' 15" E, 55.24 feet) to the existing west right-
of-way line of Beloit Avenue, also being point "917", and the point of beginning.
Said tract contains 435 sf.
Project 1.0. 5990-00-21
2/24/2005
Parcel 12