2006-295
RESOLUTION NO. 2006 - 295
RESOLUTION AUTHORIZING THE PURCHASE ACQUISITION OF AND CERTAIN
OTHER RIGHTS TO REAL PROPERTY LOCATED AT 2900 DEERFIELD DRIVE,
INLAND PINE TREE 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, Inland Pine Tree LLC is the record owner of the real property located at
2900 Deerfield Drive, Tax Parcel Identification No. 0217300032, 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 Inland Pine Tree LLC property(ies) and/or other rights, if any,
as set forth in the attachments hereto in the amount of Four Thousand Seven Hundred
Fifty and no/100th Dollars ($4,750.00); 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 Parcel 6 Inland Pine Tree 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
AP:16
z-I'~'(
Steven E. Sheiffer, City Manager -
ATTEST:
APPROVED AS TO FORM:
Ø~t;J;1
City Attorney
Proposed by: City Administration
Prepared by: Community Development Planner &
City Attorney
J:\Attorney\Word\City Attorney\Resolutions\Deerfield Drive Base Reso Parcel 6 Inland Pine Tree LLC.doc
Document Number
TEMPORARY LIMITED EASEMENT
Exempt from fee: s.77.25(2r) Wis. Stats.
LPA 3042 (DT1577) 98
THIS EASEMENT, made by Inland Pine Tree LLC
GRANTOR, conveys a temporary limited easement as described below to the City
of Janesville, GRANTEE, for the sum of Four Thousand Seven Hundred
Fifty and 00/100 Dollars
($ 4,750.00
).
for the purpose of constructing cut or fill slopes.
Legal Description
LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART
HEREOF BY REFERENCE.
This space is reserved for recording data
Return to
City of Janesville
18 N Jackson St
Janesville, WI 53548-2928
Parcel Identification Number/Tax Key Number
241 0217300032
GRANTOR, having been fully informed of GRANTOR'S right to have the above-described temporary easement appraised, and to receive just
compensation for the easement based on an appraisal, waives the right to an appraisal and agrees to accept settlement in the above-stated amount
as full payment for the easement.
This easement shall terminate upon completion of the construction project for which this instrument is given.
Inland Pine Tree LLC, a Delaware limited liability company
By: Inland Real Estate Corporation, a Maryland corporation, its sole
7~
By: I2..J::. _4LA /2..-~C
(Print Name)
Its: Executive Vice President
member
(Signature)
(Print Name)
(Date)
State of ~n ""1:11; 1"\0;5 )
) ss.
ÔLL-Vo.~e.. County )
On the above date, this instrument was acknowledged before me by
the named person(s).
r-..-,. b<
JENNIFER R: HELMICK '
~ NOTARY PUBLIC, STATE OF ILLtNOIS:-
~ _~!.9...q~MI~ION ~eLFi~§~l~~91J.
,) (Signature, Notary Pu lie, State of Wisconsin) -::CI \ . Y\C- \~
V -R. \-\e_kh'\; ('\{ ,
(Print or Type Name, Notary Public, State of~ "I\\'r1ci.s
()-I - @ lo - Öq
(Date Commission Expires)
Project 10 C2006-13
This instrument was drafted by City of Janesville
Parcel ND.-----º--
LEGAL DESCRIPTION
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 91-95 as Doc. 1361949 in the Southwest 1/4 of the Southeast 1/4 of Section
17, T3N, R13E, City of Janesville, Rock County, Wisconsin:
Commencing at the southwest corner of said Lot 1;
Thence S87°51 '29"E, 60.00 feet along the south line of said Lot 1 to the point of beginning;
Thence N02°08'31 "E, 55.00 feet;
Thence S87°51 '29"E, 80.00 feet;
Thence S02°08'31"W, 55.00 feet to said south line of Lot 1;
Thence N87°51 '29"W, 47.57 feet along said south line of Lot 1;
Thence N87°51 '29"W, 32.43 feet along said south line of Lot 1 to the point of beginning.
Said tract contains 4,400.0 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 91-95 as Doc. 1361949 in the Southwest 1/4 of the Southeast 1/4 of Section
17, T3N, R13E, City of Janesville, Rock County, Wisconsin:
Commencing at the westernmost corner of said Lot 1, also being the point of beginning;
Thence N38°40'46"E, 25.00 feet along the northwest line of said Lot 1;
Thence S51°19'14"E, 35.00 feet;
Thence S38°40'46"W, 25.00 feet to the southwest line of said Lot 1, also being the existing
east right-of-way line of Deerfield Drive;
Thence N51°19'14"W, 35.00 feet along said southwest line of Lot 1 to the point of beginning.
Said tract contains 875.0 sf.
Project J.D. C2006-13
02/22/06
Parcel 6