2005-151
RESOLUTION NO. 2005-151
A Resolution authorizing the City Manager to acquire by purchase real property located at 305
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, Gilman Engineering & Manufacturing Co., LLC, owns the real property located at 305 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 0.0136 acres of land, and a
Temporary Limited Easement to grade slopes and driveways on 0.2491 acres, as shown in attached
Exhibit A, contingent upon Common Council approval as the means to acquire the Gilman Engineering
property in the amount of One Thousand Nine Hundred and no/Dollars ($1,900.00); and
WHEREAS, the acquisition, plan and use(s) were properly reviewed and approved by the Janesville Plan
Commission after public hearing thereon on the ih 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, Gilman Engineering & Manufacturing Co., LLC, 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.
,'" / "¡ L
Ann Wulf, City Clerk-Treasurer y:'
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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
ADOPTED: Februarv 28, 2005
APPRO:D: r. ( .j/. ( ¡;>
Steven E. Sheiffer, City Manager /
APPROVED AS TO FORM:
City Attorney
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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 a parcel of land in the Southeast ~ of the Northeast ~ of Section 1, T2N, RI2E, City of
Janesville, 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,
also being the point of beginning;
Thence S 86°53 '30" W, 132.74 feet to the existing property line and point "909";
Thence N 00°51' 12" W, 8.87 feet along said property line to the existing south right-of-way line
of Delavan Drive;
Thence S 89°21 ' 43" E, 29.45 feet along said south right-of-way line;
Thence S 89° 15' IS" E, 103.23 feet along said south right-of-way line to the point of beginning.
Said parcel contains 591 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 ofland being part of a parcel
of land in the Southeast ~ of the Northeast ~ of Section I, T2N, RI2E, City of Janesville, Rock
County, Wisconsin:
Beginning at point "909" as located in the above described traverse;
Thence N 86°53'30" E, 97.94 feet;
Thence S 00°44'45" W, 17.66 feet;
Thence N 89° 15' IS" W, 68.76 feet;
Thence N 89°21 '43" W, 28.65 feet to the existing property line;
Thence N 00°51' 12" W, 11.14 feet along said property line to point "909", also being the point
of beginning.
Said tract contai ns 1,403 sf.
Project I.D. 5990-00-21
2/23/2005
Page 1 01'2
Parcel 7
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 pro,ject.
Said easement consists of the following tract of land being part of a parcel of land in the
Southeast lit of the Northeast ~ of Section 1, T2N, RI2E, City of Janesville, 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 00°44' 48" E, 32.50 feet to the centerline of Delavan Drive;
Thence S 89°15'15" E, 8.29 feet along said centerline;
Thence N 00°44'45" E, 33.50 feet to the existing north right-of-way line of Delavan Drive, also
being the point of beginning;
Thence continuing N 00°44'45" E, 31.50 feet;
Thence S 89°15'15" E, 300.00 feet;
Thence S 00°44'46" W, 31.50 feet to the existing north right-of-way line of Delavan Drive;
Thence N 89° 15' IS" W, 300.00 feet along said north right-of-way line to the point of beginning.
Said tract contains 9,450 sf.
Project I.D. 5990-00-21
2/23/2005
Page 2 of2
Parcel 7