2006-299
RESOLUTION NO. 2006 - 299
RESOLUTION AUTHORIZING THE PURCHASE ACQUISITION OF AND CERTAIN
OTHER RIGHTS TO REAL PROPERTY LOCATED AT 3900 MILTON AVENUE,
SUNRISE LODGING, INC. 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, Sunrise Lodging, Inc. is the record owner of the real property located at
3900 Milton Avenue, Tax Parcel Identification No. 0217100022, 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 Sunrise Lodging, Inc. property(ies) and/or other rights, if any,
as set forth in the attachments hereto in the amount of Six Thousand Five Hundred and
no/100th Dollars ($6,500.00); 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\Reso!utions\Deerfie!d Drive Base Reso Parcel!! Sunrise Lodging ¡nc.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
_A;¡;~~ A4~
Steven E. Sheiffer, City Manager
ATTEST:
APPROVED AS TO FORM;
¡j)~~
City Attorney
Proposed by: City Administration
Prepared by: Community Development Planner &
City Attorney
J:\Attomey\Word\City Attomey\Resolutions\Deerfield Drive Base Reso Parcel I I Sunrise Lodging Inc.doc
Document Number
DEED BY CORPORATION
Exempt from fee: s.77.25(2r) Wis. Stats.
LPA 3005 (DT1546) 99
THIS DEED, made by Sunrise Lodging LLC, 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 3900 Milton Avenue, City of
Janesville, County of Rock, State of Wisconsin GRANTOR, conveys and warrants the
property described below to the City of Janesville, GRANTEE, for the sum of ($
). $6.500.00.
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 in the property: None.
This s ace is reserved for recOrd in data
Return to
Legal Description
City of Janesville
18 N Jackson St
Janesville, WI 53548-2928
LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART HEREOF BY
REFERENCE
Parcel Identification NumberfTax Key Number
41 0217100022
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.
(Uate)
(Unlcer :SIgnature)
State of Wisconsin )
) ss.
County )
On the above date, this instrument was acknowledged before me
by the named person(s) or officers.
Sunrise Lodç in~ LLC
corporation Name)
(f-'nnt Name, IltIe)
(:SIgnature, Notary PUbliC, :state Of wisconsin)
(UIfICer :SIgnature)
(f-'nnt or I ype Name, Notary PUbliC, :state Of Wisconsin)
(f-'nnt Name, Iltle)
(uate Commission t:xplres)
Project ID C2006-13
This instrument was drafted by City of Janesville
Parcel No. 11
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 4 of Certified Surveys,
Pages 75-77 as Doc. 817322 in the Northwest 1/4 of the Northwest 1/4 of Section 17, T3N,
R13E, City of Janesville, Rock County, Wisconsin:
Connnencing at the southernmost corner of said Lot I, also being the point of beginning;
Thence N51°32'20"W, 41.54 feet along the southwest line of said Lot 1, also being the
existing east right-of-way line of a frontage road to a point hereinafter known as Point "G";
Thence S66°06'27"E, 40.41 feet to the east line of said Lot 1;
Thence S25°02'59"W, 10.45 feet along said east line of Lot 1 to the point of beginning.
Said tract contains 211.1 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 4 of a Certified Survey Map (CSM) recorded in 817321, Volume 4 of
Certified Surveys, Pages 70-74 as Doc. 817321 and part of Lot 1 of a CSM recorded in
Volume 4 of Certified Surveys, Pages 75-77 as Doc. 817322 in the Northwest 1/4 of the
Northwest 1/4 of Section 17, T3N, R13E, City of Janesville, Rock County, Wisconsin:
Connnencing at Point "G" as located in the above described traverse, also being the point of
beginning;
Thence N51°32'20"W, 255.75 feet along the southwest line of said Lot 1 and said Lot 4, also
being the existing east right-of-way line of a frontage road;
Thence northwesterly 34.50 feet along said southwest line of Lot 4 also being the arc of a non-
tangent curve concave to the east having a radius of 100.00 feet (the chord of which bears
N38°30'57"W, 34.33 feet);
Thence S51°57'47"E, 328.31 feet along a non-tangent line to the east line of said Lot 1;
Thence N66°06'27"W, 40.41 feet to said southwest line of Lot 1 and the point of beginning.
Said tract contains 2,644.4 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.
Project I.D. C2006-13
02/22/06
Page 1 of 2
Parcel 11
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 4 of Certified
Surveys, Pages 75-77 as Doc. 817322 in the Northeast 1/4 of the Northwest 1/4 and the
Northwest 1/4 of the Northwest 1/4 of Section 17, T3N, R13E, City of Janesville, Rock
County, Wisconsin:
Commencing at the easternmost corner of said Lot 1, also being the point of beginning;
Thence S25°02'59"W, 5.36 feet along the southeast line of said Lot 1;
Thence N64°50'34"W, 200.19 feet to the northwest line of said Lot 1;
Thence N25°01 '25"E, 5.06 feet along said northwest line of Lot 1 to the northeast line of said
Lot 1, also being the existing southwest right-of-way line of Kettering Street;
Thence S64°55'47"E, 200.20 feet along said northeast line of Lot 1 to the point of beginning.
Said tract contains 1,042.5 sf.
Project I. D. C2006-13
02/22/06
Page 2 of 2
Parcel 11