2006-300
RESOLUTION NO. 2006 - 300
RESOLUTION AUTHORIZING THE PURCHASE ACQUISITION OF AND CERTAIN
OTHER RIGHTS TO REAL PROPERTY LOCATED AT 2501 EAST ROT AMER,
RYAN BROTHERS CO. LTD. PARTNERSHIP 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, Ryan Brothers Co. Ltd. Partnership is the record owner of the real property
located at 2501 East Rotamer, Tax Parcel Identification No. 0208400005, 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 Ryan Brothers Co. Ltd. Partnership property(ies) and/or other
rights, if any, as set forth in the attachments hereto in the amount of Forty Thousand
Seven Hundred and no/100th Dollars ($40,700.00); 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 12 Ryan Brothers Co. Ltd. Partnership.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~
""Steven E. Shei~~er
ATTEST:
APPROVED AS TO FORM:
â/4ty0
City Attorney
Proposed by: City Administration
Prepared by: Community Development Planner &
City Attorney
J:\Attorney\Word\City Attorney\Resolutions\Deerfield Drive Base Reso Parcel 12 Ryan Brothers Co. Ltd. Partnership.doc
Document Number
WARRANTY DEED
Exempt from fee: s.77.25(2r) Wis. Stats.
LPA 3004 (DT1560) 99
THIS DEED, made by Ryan Brothers Co Limited Partnership
GRANTOR, conveys and warrants the property described below to the City of
Janesvil/e, GRANTEE, for the sum of Forty Thousand Seven Hundred
and 00/100 Dollars
($ 40,700.00
).
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 space is reserved for recording data
Return to
City of Janesville
18 N Jackson St
Janesville, WI 53548-2928
Legal Description
This is not homestead property:
LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART HEREOF BY
REFERENCE
Fee simple conveyance of 3,833.6 sf parcel as
described in Attachment 1.
Parcel Identification NumberITax Key Number
241 0208400005
The consideration for this conveyance includes a sum paid for an Easement to be granted by
Grantor to ANR Pipeline Co., affecting 1,969 sf of land adjoining the property described
in Attachment 1. See Attachment 2.
Ryan Brothers Co. Limited Partnership
By: Ryan Brothers Gorp., its General Partner
By:
(Signaturel
(Date)
(Print Name)
(Signature)
State of Wisconsin
)
) ss.
County)
(Print Name)
On the above date, this instrument was acknowledged
before me by the named person(s).
(Signature)
(Print Name)
(Signature, Notary Public, State of Wisconsin)
(Signature)
. (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.
12
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 Northwest 1/4 of Section 17, T3N, R13E, City of Janesville,
Rock County, Wisconsin:
Commencing at an aluminum monument at the north quarter corner of Section 17, T3N,
R13E;
Thence S80047'34''W, 1060.65 feet to the existing north right-of-way line of Rotamer Road,
also being the existing east right-of-way line of Deerfield Driv~,· also being the point of
beginning;
Thence northwesterly 7.46 feet along said existing east right-of-way line also being the arc of
a curve concave to the west having a radius of 464.32 feet (the chord of which bears
N33°39'37"W, 7.46 feet);
Thence N75°04'37"E, 17.40 feet;
Thence northeasterly 53.89 feet aloQ.g the arc of a curve concave to the north having a radius
of 254.00 feet (the chord of which bears N68°59'56"E, 53.79 feet);
Thence N62°55' 16"E, 140.74 feet;
Thence northeasterly 54.34 feet along the arc of a curve concave to the south having a radius
of 314.00 feet (the chord of which bears N67°52'42"E, 54.27 feet);
Thence N72°50'08"E, 98.69 feet to said north right-of-way line of said Rotamer Road;
Thence southwesterly 153.71 feet along said north right-of-way line also being the arc of a
non-tangent curve concave to the south having a radius of 1209.50 feet (the chord of which
bears S66°18'1O"W, 153.61 feet);
Thence S62°39'43"W, 191.35 feet along said existing north right-of-way line;
Thence N74°46'02"W, 22.93 feet along said existing north right-of-way line to the point of
beginning.
Said tract contains 3,833.6 sf.
ATTACHMENT 1
Project I.D. C2006-13
02/22/06
Parcel 12
LEGAL DESCRIPTION
Commencing at an aluminwn Inonument at the north quarter comer of Section] 7, T3N, RI3E; .
Thence N88°14' 1 O"W, 956.46 feet along the north line of said Section 17;
Thence SOl°45'50"W, 100_29 feet to the existing gas pipeline easement recorded October 6,
2005 as Document] 725722, also being the point of begirming;
Theilce N62°55'16"E, 87.09 feet;
Thence northeasterly 62.99 feet along the a.rc of Ii curve concave to the south having a radius of
364.00 feet (the chord of which bears N67°52'42''E, 62.91 feet);
Thence N72°S0708"E, 97.44 feet, to said gas pipeline easement;
Thence southeasterly 161.34 feet along said gas pipeline ea.sement, also being a the a.rc of a non,
tangent curve conca.ye to the south having a radius of 1,259.50 feet (the chord of which bears
S66"19'54"W. 161.23 feet);
Thence S62°39'43"W, 49.17 feet along said gas pipeline easement; .
Thence 880°01' 16"W. 32.32 feet along said gas pipeline easement;
Thence N82"25'1 O"W, 5_78 feet along said gas pipeline easement to the point of begil1I1îng;
Said easement contains 1,969 sf,
ATTACHMENT 2
04/25/06