2006-292
RESOLUTION NO. 2006 . 292
RESOLUTION AUTHORIZING THE PURCHASE ACQUISITION OF AND CERTAIN
OTHER RIGHTS TO REAL PROPERTY LOCATED AT 3136 HUMES ROAD, FR
JANESVILLE, LLC FOR DEERFIELD DRIVE TRANSPORTATION AND VICINITY
IMPROVEMENT PUBLIC PURPOSES
WHEREAS, Wis. Stats. §§ 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; 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 constitute public
purpose(s) that benefit the community and promote the health, welfare, safety and best
interests of the City, its residents, businesses and visitors; and
WHEREAS, FR Janesville, LLC is the record owner of the real property located at 3136
Humes Road, Tax Parcel Identification No. 0217300014, 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 FR Janesville, LLC property(ies) and/or other rights, if any, as
set forth in the attachments hereto in the amount of Five Thousand Eight Hundred and
no/100th Dollars ($5,800.00); this is vacant land and the property owner is not eligible for
any relocation benefits and moving expenses; 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
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
J:\Attorney\Word\City Attorney\Resolutions\Deerfield Drive Base Reso ParcelZ FR Janesville, LLC.doc
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 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: May 22, 2006
Motion by: Wellnitz, Tom
Second by: Williams
Councilmember Aye Nay Pass Absent
Brien X
Wellnitz, Tom X
Williams X
Brunner X
Wellnitz, Tim X
DeGarmo X
Addie X
ATTEST:
APPROVED AS TO FOR/i
/f/ 4l/f< .
City Attorney ~
Proposed by: City Administration
Prepared by: Community Development Planner &
City Attorney
J:\Attorney\Word\City Attorney\Resolutions\Deerfield Drive Base Reso ParcelZ FR Janesville, LLC.doc
Jjt
Exempt from fee: s.77.25(2r) Wis. Stats. 1_ j \ l" I L. ~~¡» I
LPA3005 (DT1546) 99 /;....:teç~ ~"'; "T .'l
THIS DEED, made by FR Janesville LLC, a ~dUIY organized and existing
under the laws of the State of Wisconsin and duly authorized to transact business in the
State of Wisconsin, with its principal place of business at 3138 Ilu",M 1ìð6e1, Cirl Qf
. . , State of Wisconsin GRANTOR, conveys and warrants the
property described belo to the City of Janesville, GRANTEE, for the sum of ($
). $5,800.00. ~o~ NCf'It.. Ccrrf'::í/ I 5f-r¿e.f-, ~..ty. .,f~~Ù:·07II
GrV^+y ;f \).:;,l1e ji11tv- 'IK
Any person named In this deed may make an appeal from the amount of co g-nsation
within six months after the date of recording of this deed as set forth in s.32.05(2a)
Wisconsin Statutes. For the purpose of any such appeal, the amount of compensation
stated on the deed shall be treated as the award, and the date the deed is recorded
shall be treated as the date of taking and the date of evaluation. .
Document Number
DEED BY CORPORATION
Other persons having an interest of record in the property: None.
This s ace is reserved for recordin data
Return to
Legal Description
City of Janesville
18 N Jackson St
Janesville, WI 53548-2928
LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART HEREOF BY
REFERENCE
Parcel Identification NurnberfTax Key Number
241 0217300014
The undersigned certify that this instrument is being executed pursuant to a resolution of the board of directors (or shareholders, if
authorized by law) of GRANTOR corporation.
Met
State of Wisconsin
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Project 10 C2006-13
This instrument was drafted by City of Janesville
Parcel No. 2
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 322-326 as Doc. 1197688 in the Southwest 1/4 of the Southeast 1/4 of Section 17, T3N,
R13E, City of Janesville, Rock County, Wisconsin:
Commencing at the southeast corner of said Lot 1, also being the point of beginning;
Thence S89°03'39"W, 24.79 feet along the south line of said Lot 1, also being the existing
north right-of-way line of Wellington Place;
Thence N62°14'32"E, 24.81 feet;
Thence NOo041 '32"W, 66.84 feet;
Thence N03°01'58"E, 34.16 feet to the east line of said Lot 1, also being the existing west
right-of-way line of Deerfield Drive to a point hereinafter known as Point "C";
Thence S00056'21 "E, 112.11 feet along said east line of said Lot 1 to the point of beginning;
Said tract contains 361.7 sf.
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 322-326 as Doc. 1197688 in the Southwest 1/4 of the Southeast 1/4 of Section
17, T3N, R13E, City of Janesville, Rock County, Wisconsin:
Commencing at Point "C" as located in the above described traverse, also being the point of
beginning;
Thence S03°01'58"W, 34.16 feet;
Thence S00041 '32"E, 66.84 feet;
Thence S62°14'32"W, 9.55 feet;
Thence NOoo41 '38"W, 43.58 feet;
Thence N09°12'57"W, 27.85 feet;
Thence NOo056'21"W, 23.08 feet;
Thence NI8°55'01"E, 44.16 feet to the existing east line of said Lot 1, also being the e~isting
west right-of-way line of Deerfield Drive;
Thence S00056'21 "E, 30.53 feet along said east line of Lot 1 to the point of beginning.
Said easement contains 1260.7 sf.
Project 1. D. C2006-13
02/22/06
Parcel 2