2005-150
RESOLUTION NO. 2005-150
A Resolution authorizing the City Manager to acquire by purchase real property located at 109
West Delavan Drive 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 1.0. 5990-00-21, as
approved by the Wisconsin Department of Transportation; and
WHEREAS, Bryon Grassl owns the real property located at 109 West Delavan Drive, 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 a Temporary Limited Easement
to grade slopes and driveways on 0.0149 acres, as shown in attached Exhibit A, contingent upon
Common Council approval as the means to acquire the Grassl property in the amount of One Hundred
Twenty Five and no/Dollars ($125.00); and
WHEREAS, the acquisition, plan and use(s) were properly reviewed and approved by the Janesville Plan
Commission after public hearing thereon on the ¡th 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, Bryon Grassl, 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:
Februarv 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:
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Steven E. Sheiffer, City Manager .
APPROVED AS TO FORM:
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City Attorney
Proposed by:
Prepared by:
City Administration
Community Development Planner
LEGAL DESCRIPTION
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 north 10.00 feet that lies southerly of the existing road right-of-way
of Delavan Drive being part of lot 34 of Spring Brook Addition to the City of JanesviIIe, and the
east Yz of the vacated alley, located in the Southeast % of the Northeast % of Section 1, T2N,
R 12E, City of Janesville, Rock County, Wisconsin;
Said tract contains 651 sf.
Project I.D. 5990-00-21
2/23/2005
Parcel 9