2006-298
RESOLUTION NO. 2006 - 298
RESOLUTION AUTHORIZING THE PURCHASE ACQUISITION OF AND CERTAIN
OTHER RIGHTS TO REAL PROPERTY LOCATED AT 3400 DEERFIELD DRIVE,
MERCY HEALTH SYSTEMS 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, Mercy Health Systems is the record owner of the real property located at
3400 Deerfield Drive, Tax Parcel Identification No. 0217100040, 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 Mercy Health Systems property(ies) and/or other rights, if any,
as set forth in the attachments hereto in the amount of Four Hundred Forty Six
Thousand Nine Hundred Fifty and no/100th Dollars ($446,950.00); 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:\Attomey\Word\City Attomey\Resolutions\Deerfield Drive Base Reso Parcel 9 Mercy Health Systems.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~ED:
~~>
Sfê"ven E. Sheiffer, City anager
APPROVED AS TO FORM:
¡j/M ~¡1
City Attorney I '(
Proposed by: City Administration
Prepared by: Community Development Planner &
City Attorney
J:\Attomey\Word\City Attomey\Resolutions\Deerfield Drive Base Reso Parcel 9 Mercy Health Systems.doc
Docurpent Number
DEED BY CORPORATION
Exempt from fee: s.77.25(2r) Wis. Stats.
LPA3005 (DT1546) 99
THIS DEED, made by Mercy Health System Corporation, a corporation duly
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
, City of JanesviJIe, County of Rock, State of Wisconsin GRANTOR,
conveys and warrants, the ,)rC':Jertv described below to the City of Janesvifle,
GRANTEE, for the sum of $446,950.00.
Any person named in this deed may make an appeal from the amount of compensation
, 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.
Other persons having an interest of record iñ the property: None.
This s ace is reserved for recordin data
Return to
Legal Description
City of Janesvifle
18 N Jackson St
Janesvifle, WI 53548-2928
LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART HEREOF BY
REFERENCE
Pareelldentification NumberfTax Key Number
41 021710åo40
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.
(LJate)
y:
(UI1ICer signature)
State of Wisconsin )
) ss.
. County )
011 the above date, this instrument was acknowledged before me
by the named person(s) or officers.
Mercy Health S~stem Cor~oration
.l,;orporatlon Name
(print Name, Iltle)
(Signature, Nota.ry publiC, State 01 Wisconsin)
(U11Icer slgnatu~)
. .
(prlni or I ype Name, Notary Public, State ot 'wisconSin)
(print Name, Iltle)
(LJate l,;ommlsslon I::Xplres)
1ectrD C2006-13
This instrument was drafted by City of Janesvi/Je
Parcel No. 9 "
LEGAL DESCRIPTION
Fee title for the owner's interest in land contained within the following described tract being
part of the Northeast 1/4 of the Southwest 1/4 and the Southeast 1/4 of the Northwest 1/4 of
Section 17, T3N, R13E, City of Janesville, Rock County, Wisconsin:
Commencing at an aluminum monument at the west quarter corner of Section 17, T3N, R13E;
Thence S88°20'39"E, 1894.23 feet along the east-west quarter line of said Section 17 to the
existing east right-of-way line of Deerfield Drive, also being the point of beginning;
Thence northwesterly 573.71 feet along said east right-of-way line also being the arc of a
curve concave to the west having a radius of 4768.75 feet (the chord of which bears
N38°45'27"W, 573.36 feet);
Thence northwesterly 131.68 feet along said east right-of-way line also being the arc of a
curve concave to the east having a radius of 160.00 feet (the chord of which bears
NI8°3T33"W, 128.00 feet);
Thence N04°5T08"E, 16.89 feet along said east right-of-way line;
Thence S38°42'28"E, 3.89 feet;
Thence southeasterly 755.30 feet along the arc of a curve concave to the west having a radius
of 4835.00 feet (the chord of which bears S39°13' 18"E, 754.53 feet) to said east-west
quarter line of said Section 17, also being a point hereinafter known as Point "F";
Thence southeasterly 409.58 feet along the arc of a curve concave to the west having a radius
of 4835.00 feet (the chord of which bears S32° 19'16"E, 409.46 feet);
Thence southeasterly 156.41 feet along the arc of a non-tangent curve concave to the north
having a radius of 254.00 feet (the chord of which bears S47°31'47"E, 153.95 feet);
Thence S65°1O'33"E, 143.51 feet along a non-tangent line;
Thence southeasterly 96.94 feet along the arc of a curve concave to the south having a radius
of 343.00 feet (the chord of which bears S57°04'44"E, 96.62 feet);
Thence N88°17'04"W, 39.39 feet along a non-tangent line to said existing east right-of-way
line of said Deerfield Drive;
Thence N65°06'25"W, 305.42 feet along said east right-of-way line;
Thence northwesterly 97.97 feet along said east right-of-way line also being the arc of a curve
concave to the north having a radius of 160.00 feet (the chord of which bears
N47°33'56"W, 96.45 feet);
Thence northwesterly 440.01 feet along said east right-of-way line also being the arc of a
curve concave to the west having a radius of 4768.75 feet (the chord of which bears
N32°40'Q3"W, 439.85 feet) to said east-west quarter line of said Section 17, also being the
point of beginning.
Said tract contains 86,900.1 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
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Parcel 9
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 the Northeast 1/4 of the Southwest 1/4 and the Southeast 1/4 of the
Northwest 1/4 of Section 17, T3N, R13E, City of Janesville, Rock County, Wisconsin:
Commencing at Point "F" as located in the above described traverse, also being the point of
beginning;
Thence northwesterly 755.30 feet along the arc of a curve concave to the west having a radius
of 4835.00 feet (the chord of which bears N39°13'18"W, 754.53 feet);
Thence N38°42'28"W, 3.89 feet to the existing east right-of-way line of Deerfield Drive;
Thence N04°57'08"E, 15.51 feet along said east right-of-way line;
Thence S42°01'00"E, 312.45 feet;
Thence S38°22'34"E, 303.39 feet;
Thence S34°47'21 "E, 162.43 feet to the east-west quarter line of said Section 17, T3N, RI3E;
Thence S34°47'21"E, 140.97 feet;
Thence S31°29'56"E, 252.84 feet;
Thence S40009'50"E, 124.14 feet;
Thence S64°13'15"E, 195.93 feet;
Thence S55°02'57"E, 89.48 feet;
Thence N88°17'04"W, 10.51 feet;
Thence northwesterly 96.94 feet along the arc of a non-tangent curve concave to the south
having a radius of 343.00 feet (the chord of which bears N57°04'44"W, 96.62 feet);
Thence N65°1O'33"W, 143.51 feet;
Thence northwesterly 156.41 feet along the arc of a non-tangent curve concave to the north
having a radius of 254.00 feet (the chord of which bears N47°31'47"W, 153.95-feet);
Thence northwesterly 409.58 feet along the arc of a non-tangent curve concave to the west
having a radius of 4835.00 feet (the chord of which bears N32°19'16"W, 409.46 feet) to
said east-west quarter line of Section 17 and the point of beginning.
Said easement contains 16,004.0 sf.
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