2006-291
RESOLUTION NO. 2006 - 291
RESOLUTION AUTHORIZING THE PURCHASE ACQUISITION AND/OR TAKING BY
EMINENT DOMAIN OF CERTAIN REAL PROPERTY AND/OR OTHER RIGHTS AND
INTERESTS THEREIN LOCATED AT 3222 HUMES ROAD, JANESVILLE TRAVEL
CENTER, INC., FOR DEERFIELD DRIVE TRANSPORTATION AND VICINITY
IMPROVEMENT PUBLIC PURPOSES
WHEREAS, Wis. Stats. §§ 32.05, 62.22 (1), 62.23 (17) (a), 62.23 (17) (b), 66.0101,
62.11 (5), 84.02(3), 84.09, Chapter 32 and other applicable provisions set forth in the
Wisconsin Statutes permit the City's acquisition, development, ownership, protection,
improvement and maintenance of streets by negotiated purchase and/or by eminent
domain; and
WHEREAS, on February 27, 2006 the Common Council have approved Council
Resolution 2006-253 Establishing the Relocation Order for the Right of Way required for
Deerfield Drive Area Improvements; and
WHEREAS, the Common Council hereby find that such uses, acquisition(s) by
negotiated purchase and/or by means of eminent domain constitute public purpose(s)
that benefit the community and promote the health, welfare, safety, peace, tranquility
and best interests of the City, its residents, businesses and visitors; and
WHEREAS, Janesville Travel Center, Inc. is the record owner of the real property
located at 3222 Humes Road, Tax Parcel Identification No. 022020001, City of
Janesville, County of Rock, State of Wisconsin, which is on the selected route for this
transportation project; and
WHEREAS, The City Administration has negotiated an offer to purchase to acquire the
fee simple interest(s), and/or permanent limited easement(s), and/or temporary limited
easement(s) set forth in the attached description which is incorporated herein by
reference as if fully set forth verbatim, contingent upon Common Council approval as
the means to acquire the Janesville Travel Center, Inc's. property(ies) and/or other
rights, if any, as set forth in the attachments hereto in the amount of Twenty One
Thousand One Hundred Fifty and no/100th Dollars ($21,150.00); this is vacant land and
the property owner is not eligible for any relocation benefits and moving expenses; and
WHEREAS, the Administration and now Common Council find it appropriate and
expedient to authorize and empower the taking of such property(ies) and/or rights in
such property(ies) through the use of eminent domain if and when necessary; and
WHEREAS, total funding for this acquisition is provided from the developer through the
developer agreement dated July 19, 2005, and/or special assessment(s); and
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WHEREAS, the Janesville Plan Commission has reviewed this proposed acquisition in
open session at their meeting on Monday, February 20, 2006, and found it to be
consistent with long range City plans, but not commenting upon the financial aspects of
the transaction.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Janesville that they hereby approve and authorize the City Manager and/or his
designee(s) to acquire and close upon the City's purchase of the Property from the
owner(s) on behalf of the City; and
BE IT FURTHER RESOLVED, that the Property(ies) and all rights, titles and interests
therein, if any, including but not limited to any and all fixtures, personalty and other
improvements thereon may be acquired by the City through the use of eminent domain;
and;
BE IT FURTHER RESOLVED, that the City Manager and/or his designee(s) on behalf
of the City of Janesville is/are hereby authorized and empowered to negotiate, draft,
modify, review, execute, and enter into additional agreements, record, file and/or make
minor modifications and/or amendments to any and all documents, papers, forms, and
agreements, and to take whatever other actions as the City Manager may determine,
from time to time and at any time, necessary and/or desirable to effectuate the intent of
this resolution and/or the public good.
ADOPTED:
June 12, 2006
Motion by: Williams
Second by: Wellnitz, Tom
Councilmember Aye Nay Pass Absent
Brien X
Wellnitz, Tom X
Williams X
Brunner X
Wellnitz, Tim X
DeGarmo X
Addie X
APPROVED:
Þ:so ~.
StéVen E. Sheiffer, City n'ager
APPROVED AS TO FORM:
ø«r:iý!
City Attorney 1
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LEGAL DESCRIPTION
Fee title for the owner's interest in land contained within the following described tract being part
of Lot 1 of a Certified Survey Map (CSM) recorded in Volume 16 of Certified Surveys, Pages
351-355 as Doc. 1199217 in the Southwest 1/4 of the Southeast 1/4 of Section 17, T3N, R13E,
City of Janesville, Rock County, Wisconsin:
Commencing at the northwest comer of said Lot 1, also being the point of beginning;
Thence N89°03 '39"E, 14.63 feet along the north line of said Lot 1, also being the existing south
right-of-way line ofUSH 14 to a point hereinafter known as Point "A";
Thence S09°45' 15"W, 40.19 feet;
Thence S05°15'27"W, 66.40 feet to the west line of said Lot 1 also being the existing east right-
of-way line of Deerfield Drive;
Thence NOo056'21"W, 105.51 feet along said west line to the point of beginning.
Said tract contains 666.9 sf.
Also a permanent limited easement for the right to construct a sidewalk, including for such
purpose the right to operate necessary equipment thereon and 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, but without prejudice to
the owner's right to make or construct improvements on said lands or to flatten the slopes,
providing said activities will not impair or otherwise adversely affect the highway facilities
within the right-of-way. Said easement consists of the following tract of land contained within
the following described tract being part of Lot 1 of a Certified Survey Map recorded in Volume
16 of Certified Surveys, Pages 351-355 as Doc. 1199217 in the Southwest 1/4 of the Southeast
1/4 of Section 17, T3N, RI3E, and in the Northwest 1/4 of the Northeast 1/4 of Section 20, T3N,
R 13E, City of Janesville, Rock County, Wisconsin:
Commencing at Point "A" as located in the above described traverse, also being the point of
beginning;
Thence N89°03 '39"E, 16.82 feet along the north line of said Lot 1, also being the existing south
right-of-way line of USH 14/Humes Road;
Thence S04°33' 12"W, 14.92 feet;
Thence SOooOO'OO"E, 1 01.89 feet to a point hereinafter known as Point "B";
Thence S62°35'51"W, 25.42 feet;
Thence S03°13'37"W, 53.84 feet;
Thence S03 ° 13' 3 7"W, 23.16 feet to the existing west line of said Lot 1, also being the east right-
of-way line of Deerfield Drive;
Thence NOo056'21 "W, 23.18 feet along said existing west line;
Thence NOo056'21 "W, 76.17 feet along said existing west line;
Thence N05°15'27"E, 66.40 feet;
Thence N09°45' 15"E, 40.19 feet to said north line of said Lot 1 and the point of beginning.
Said easement contains 3,169.9 sf.
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Also a temporary limited easement for grading 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 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 contained within the following described
tract being part of Lot 1 of a Certified Survey Map (CSM) recorded in Volume 16 of Certified
Surveys, Pages 351-355 as Doc. 1199217 in the Southwest 1/4 of the Southeast 1/4 of Section
17, T3N, R13E, City of Janesville, Rock County, Wisconsin:
Commencing at Point "B" as located in the above described traverse, also being the point of
beginning;
Thence NOOoOO'OO"W, 101.89 feet;
Thence N04°33'12"E, 14.92 feet to the north line of said Lot 1, also being the existing south
right-of-way line of USH 14;
Thence N89°03'39"E, 6.86 feet along said north line;
Thence SOl °15'52"E, 1 05.52 feet;
Thence S 16°38'03"W, 80.57 feet;
Thence N88°22'20"W, 12.91 feet;
Thence N03°13'37"E, 53.84 feet;
Thence N62°35' 51 "E, 25.42 feet to the point of beginning.
Said easement contains 2,305.8 sf.
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