2005-152
RESOLUTION NO. 2005-152
A Resolution authorizing the City Manager to acquire by purchase real property located at 1002
South Jackson Street 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, Francois Oil Company owns the real property located at 1002 South Jackson Street,
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 0.018 acres of land and a
Temporary Limited Easement to grade slopes and driveways on 0.033 acres, as shown in attached
Exhibit A, contingent upon Common Council approval as the means to acquire the Francois Oil property
in the amount of Three Thousand Five Hundred and no/Dollars ($3,500.00); and
WHEREAS, the acquisition, plan and use(s) were properly reviewed and approved by the Janesville Plan
Commission after public hearing thereon on the ¡lh 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, Francois Oil Company, 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 /
ATTEST:
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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 Lot 2 of C.S.M. 1098634, Volume 14 of Certified Surveys, Pages 90 through 92; in the
Southwest Vt of the Northeast 114 of Section I, T2N, RI2E, City of Janesville, Rock County,
Wisconsin:
Commencing at an aluminum monument at the east quarter corner of said Section I;
Thence N 56°39'34" W, 1948.65 feet to the existing west right-of-way line of Jackson Street,
also being point "903" and the point of beginning;
Thence northwesterly 14.65 feet, along the arc of a curve concave to the southwest having a
radius of9.50 feet (the chord bears N 45°10'35" W, 13.24 feet);
Thence N 89°22' I 0" W, 121.60 feet to the existing property line;
Thence N 00°37'49" E, 6.00 feet along said property line to the existing south right of way line
of Delavan Drive;
Thence S 89°22' 1 0" E, 130.67 feet along said south right-of-way line to the existing west right-
of-way line of Jackson Street;
Thence S 00°59'00" E, 15.30 feet along said west right-or-way line to the point of beginning.
Said parcel contains 803 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 C.S.M. 1098634, Volume 14
of Certified Surveys, Pages 90 through 92; located in the Southwest Vt of the Northeast Vt of
Section 1, T2N, R12E, City ofJanesville, Rock County, Wisconsin:
Beginning at point "903" as located in the above described traverse;
Thence S 00°59'00" E, 6.21 feet along the existing west right-of-way line of Jackson Street;
Thence N 78°54'32" W, 27.54 feet;
Thence N 89°22' 10" W, 104.19 feet;
Thence N 00°37'51" E, 10.00 feet;
Thence S 89°22' I 0" E, 121.60 feet;
Thence southeasterly 14.65 feet along the arc of a curve concave to the southwest having a radius
of9.50 feet (the chord bears S 45°10'35" E, 13.24 feet) to the point of beginning.
Said tract contains 1,425 sf.
Project I. D. 5990-00-21
2/23/2005
Parcel 2