2006-294
RESOLUTION NO. 2006 - 294
RESOLUTION AUTHORIZING THE PURCHASE ACQUISITION AND/OR TAKING BY
EMINENT DOMAIN OF CERTAIN REAL PROPERTY AND/OR OTHER RIGHTS AND
INTERESTS THEREIN LOCATED AT 2901 DEERFIELD DRIVE, CAMPBELL
LIMITED PARTNERSHIPS 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, Campbell Limited Partnerships is the record owner of the real property
located at 2901 Deerfield Drive, Tax Parcel Identification No. 0217300008, 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 Campbell Limited Partnerships property(ies) and/or other
rights, if any, as set forth in the attachments hereto in the amount of One Hundred Thirty
Eight Thousand Nine Hundred and no/100th Dollars ($138,900.00); 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
J:\Attorney\Word\City Attorney\Resolutions\Deerfield Drive Base CONDEMN Reso Parce14 Campbell Limited Partnership. doc
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: ~
¿~ l, ~
S1éven E. Sheiffer, City Man ger
ATTEST:
Jea
APPROVED AS TO FORM:
I#~ ~4
City Attorney
J:\Attorney\Word\City Attorney\Resolutions\Deerfield Drive Base Reso CONDEMN Parcel 4 Campbell Limited Partnership.doc
LEGAL DESCRIPTION
Fee title for the owner's interest in land contained within the following described tract being part
of Lot 2 of a Certified Survey Map (CSM) recorded in Volume 21 of Certified Surveys, Pages
355-357 as Doc. 1384905 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 2, also being the point of beginning;
Thence S85°26'46"W, 3.37 feet along the south line of said Lot 2, also being the existing north
right-of-way line of USH 14 to a point hereinafter known as Point "E";
Thence northeasterly 121.97 feet along the arc of a non-tangent curve concave to the west having
a radius of494.00 feet (the chord of which bears N07°18'13"E, 121.66 feet);
Thence NOooI3'50"E, 138.16 feet;
Thence northwesterly 95.09 feet along the arc of a curve concave to the west having a radius of
128.00 feet (the chord of which bears N21 °03'06"W, 92.92 feet);
Thence N40039'48''W, 97.60 feet along a non-tangent line;
Thence N48°06'37"W, 134.19 feet;
Thence N45°35'43"W, 81.48 feet to the east line of said Lot 2, also being the existing west right-
of-way line of Deerfield Drive;
Thence S51°19'14"E, 293.87 feet along said east line of Lot 2;
Thence southeasterly 149.30 feet along said east line also being the arc of a curve concave to the
west having a radius of 160.00 feet (the chord of which bears S24°35'21"E, 143.94 feet);
Thence S02°09'15"W, 63.55 feet along said east line of Lot 2;
Thence southwesterly 169.25 feet along said east line of Lot 2 also being the arc of a curve
concave to the west having a radius of 490.00 feet (the chord of which bears S12°02'58"W,
168.41 feet);
Thence S21°56'41"W, 25.00 feet along said east line of Lot 2 to the point of beginning.
Said tract contains 14,021.6 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 2 of a Certified Survey Map (CSM) recorded in Volume 21 of Certified
Surveys, Pages 355-357 as Doc. 1384905 in the Southwest 1/4 of the Southeast 1/4 of Section
17, T3N, RI3E, City of Janesville, Rock County, Wisconsin:
Commencing at Point "E" as located in the above described traverse, also being the point of
beginning;
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Thence S85°26'46"W, 10.58 feet along the south line of said Lot 2, also being the north right-of-
way line ofUSH 14;
Thence N07°30'25"E, 122.60 feet;
Thence NOoo13 '50"E, 138.16 feet;
Thence NI9°22'52"W, 79.20 feet;
Thence N40039'48''W, 104.13 feet;
Thence N48°06'37"W, 133.76 feet;
Thence N45°35'43"W, 101.81 feet to the north line of said Lot 2;
Thence N38°37'44"E, 7.94 feet along said north line of said Lot 2 to the east line of said Lot 2,
also being the existing west right-of-way line of Deerfield Drive;
Thence S51 ° 19' 14"E, 21.01 feet along said east line of Lot 2;
Thence S45°35'43"E, 81.48 feet;
Thence S48°06'37"E, 134.19 feet;
Thence S40039'48''E, 97.60 feet;
Thence southeasterly 95.09 feet along the arc of a non-tangent curve concave to the west having
a radius of 128.00 feet (the chord of which bears S21 °03'06"E, 92.92 feet);
Thence SOooI3'50"W, 138.16 feet;
Thence southwesterly 121.97 feet along the arc of a curve concave to the west having a radius of
494.00 feet (the chord of which bears S07°18'13"W, 121.66 feet) to the said south line of Lot
2 and the point of beginning.
Said easement contains 7,516.4 sf.
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