2006-293
RESOLUTION NO. 2006 - 293
RESOLUTION AUTHORIZING THE PURCHASE ACQUISITION AND/OR TAKING BY
EMINENT DOMAIN OF CERTAIN REAL PROPERTY AND/OR OTHER RIGHTS AND
INTERESTS THEREIN LOCATED AT 3201 HUMES ROAD, BSV LLC 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, BSV LLC is the record owner of the real property located at 3201 Humes
Road, Tax Parcel Identification No. 0217300038, 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 BSV LLC property(ies) and/or other rights, if any, as set forth
in the attachments hereto in the amount of One Hundred Thirty Two Thousand Eight
Hundred Fifty and no/100th Dollars ($132,850.00); 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
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
J:\Attorney\Word\City Attorney\Resolutions\Deerfield Drive Base CONDEMN Reso Parcel 3 BSV LLC.doc
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:
St~iff~ger
ATTEST:
APPROVED AS TO FORM:
&~7/~
City Attorney
Proposed by: City Administration
Prepared by: Community Development Planner &
City Attorney
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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 21 of Certified Surveys, Pages
84-90 as Doc. 1361946 in the Southwest 1/4 of the Southeast 1/4 of Section 17, T3N, RI3E, City
of Janesville, Rock County, Wisconsin:
Commencing at the southwest comer of said Lot 1, also being the point of beginning;
Thence N21°56'41"E, 25.00 feet along the west line of said Lot 1, also being the existing east
right-of-way line of Deerfield Drive;
Thence northeasterly 196.88 feet along said west line of Lot 1 also being the arc of a curve
concave to the west having a radius of 570.00 feet (the chord of which bears NI2°02'58"E,
195.91 feet);
Thence N02°09' 15"E, 63.56 feet along said west line of Lot 1 to the north line of said Lot 1;
Thence S87°51 '29"E, 92.43 feet along said north line of Lot 1;
Thence S52°32'03"W, 38.75 feet;
Thence southwesterly 95.20 feet along the arc of a curve concave to the east having a radius of
101.00 feet (the chord of which bears S25°31'50"W, 91.72 feet);
Thence southwesterly 86.43 feet along the arc of a curve concave to the west having a radius of
631.00 feet (the chord of which bears S02°27'04"W, 86.36 feet) to a non-tangent line;
Thence S17°34'01"W, 125.47 feet along a non-tangent line to the existing south line of said Lot
I, also being the right-of-way line of USH 14, also being a point hereinafter known as Point
"0";
Thence N41 °33 '24"W, 49.97 feet along said south line of Lot 1 to the point of beginning.
Said tract contains 12,324.1 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 21 of Certified
Surveys, Pages 84-90 as Doc. 1361946 in the Southwest 1/4 of the Southeast 1/4 of Section 17,
T3N, R13E, City of Janesville, Rock County, Wisconsin:
Commencing at Point "0" as located in the above described traverse, also being the point of
beginning;
Thence NI7°34'01 "E, 125.47 feet;
Thence northeasterly 86.43 feet along the arc of a non-tangent curve concave to the west having a
radius of 631.00 feet (the chord of which bears N02°27'04"E, 86.36 feet);
Thence northeasterly 95.20 feet along the arc of a curve concave to the east having a radius of
101.00 feet (the chord of which bears N25°31 '50"E, 91.72 feet);
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Thence N52°32'03"E, 38.75 feet to the north line of said Lot 1;
Thence S87°51 '29"E, 47.57 feet along said north line of Lot I;
Thence S02°08'31 "W, 62.63 feet;
Thence N89°13'45"W, 101.45 feet;
Thence S II °49'07"W, 44.14 feet;
Thence S02°28'24"W, 87.53 feet;
Thence S 17°34'01 "W, 128.95 feet to the south line of said Lot 1, also being the north right-of-
way line of USH 14;
Thence N41 °33'24"W, 5.83 feet along said south line of Lot 1 to the point of beginning.
Said easement contains 6,525.4 sf.
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