2006-296
RESOLUTION NO. 2006 - 296
RESOLUTION AUTHORIZING THE PURCHASE ACQUISITION OF AND CERTAIN
OTHER RIGHTS TO REAL PROPERTY LOCATED AT 3201 DEERFIELD DRIVE,
JANESVILLE VENTURES 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, Janesville Ventures LLC is the record owner of the real property located at
3201 Deerfield Drive, Tax Parcel Identification No. 0217300023, 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 Ventures LLC property(ies) and/or other rights, if
any, as set forth in the attachments hereto in the amount of Two Hundred Fifty and
no/100th Dollars ($250.00); 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 7 Janesville Ventures 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: Willaims
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 FORM:
(ß . /)
City Attorney ~ ~
Proposed by: City Administration
Prepared by: Community Development Planner &
City Attorney
J:\Attorney\Word\City Attorney\Resolutions\Deerfield Drive Base Reso Parcel 7 Janesville Ventures LLC.doc
Document Number
TEMPORARY LIMITED EASEMENT
Exempt from fee: s.77.25(2r) Wis. Stats.
LPA 3042 (DT1577) 98
THIS EASEMENT, made by Janesville Ventures LLC
GRANTOR, conveys a temporary limited easement as described below to the City
ofJanesville,GRANTEE,forthesumof Two Hundred Fifty and 00/100
Dollars
($ 250.00
).
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 0217300023
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.
Janesville Ventures, LLC
(Signature)
(Signature)
(Print Name)
(Print Name)
IDate)
State of Wisconsin )
) ss.
County )
On the above date, this instrument was acknowledged before me by
the named person(s).
(Signature, Notary Public, State of Wisconsin)
(Print or Type Name, Notary Public, State of Wisconsin)
(Date Commission Expires)
Project 10 C2006-13
This instrument was drafted by City of Janesville
Parcel ND.~
LEGAL DESCRIPTION
A temporary limited easement for driveway construction, 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 Volume 27 of Certified
Surveys, Pages 226-228 as Doc. 1674141 in the Northeast 1/4 of the Southwest 1/4 of Section
17, T3N, R13E, City of Janesville, Rock County, Wisconsin:
Commencing at the northernmost corner of said Lot 2, also being the point of beginning;
Thence S31°34'14"E, 17.34 feet along the northeastern line of said Lot 2, also being the
existing west right-of-way line of Deerfield Drive;
Thence S58°25'31"W, 15.00 feet;
Thence N31°34'14"W, 15.06 feet to the northwestern line of said Lot 2;
Thence N49°46'22"E, 15.17 feet along said northwestern line of Lot 2 to the point of
beginning.
Said easement contains 243.0 sf.
Project J.D. C2006-13
02/22/06
Parcel 7
Document Number
RELEASE OF RECORDED EASEMENT
The undersigned, Janesville Ventures LLC, has an interest arising under the First
Amendment to Reciprocal Easement and Operation Easement agreement dated
October 30, 1998 and recorded November 18, 1998 with the Rock County Register
of Deeds as Document No. 1361960 and the Supplement to REA, dated May 19,
2004 and recorded June 2, 2004 as Document No. 1666099 in certain real
property more particularly described as follows:
OVER AND ACROSS PART OF LOT 1 of a CERTIFIED SURVEY MAP AS RECORDED
IN VOLUME 21, PAGES 84 THRU 90, AND LOCATED IN THE SE ~OF SECTION 17,
T3N, R13E, OF THE 4th PM, CITY OF JANESVILLE, ROCK COUNTY, JANESVILLE.
Commencing at the most Westerly corner of said Lot 1; thence N22-00'55"E along
the West line of said Lot, 25.0 feet; thence N19-30'09"E, 49.98 feet to a point on
the said West line; thence S74-31'07"E, 15.20 feet to the place of beginning for
the easement to be herein described; thence N15-28'53"E, 30.0 feet; thence S74-
31'07"E, 1 0.0 feet; thence S15-28'53"W, 30.0 feet; thence N74-31'07"W, 1 0.0
feet to the place of beginning.
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
The undersigned releases all of its right, title, and interest in the real property arising under the easement.
Janesville Ventures LLC
(Signature)
(Date)
IPrint Name)
ISignature)
State of Wisconsin
)
) ss.
County)
IPrint Name)
On the above date, this instrument was acknowledged
before me by the named persDn(s).
(Signature)
(Print Name)
(Signature, Notary Public, State of Wisconsin)
ISignature)
(Print or Type Name, Notary Public, State of Wisconsin)
(Print Name)
(Date Commission Expires)
Project ID C2006-13
This instrument was drafted by City of Janesville
Parcel No. ---.J..