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2006-301 RESOLUTION NO. 2006 - 301 RESOLUTION AUTHORIZING THE PURCHASE ACQUISITION OF AND CERTAIN OTHER RIGHTS TO REAL PROPERTY LOCATED AT 3940 MILTON AVENUE, BFOX DEVELOPMENTS 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, BFox Developments LLC is the record owner of the real property located at 3940 Milton Avenue, Tax Parcel Identification No. 0217100020, 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 BFox Developments LLC property(ies) and/or other rights, if any, as set forth in the attachments hereto in the amount of One Thousand Eight Hundred and no/100th Dollars ($1,800.00); 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 13 BFOX Developments 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 APPROVED: .~A _C~_ Steven E. Sheiffer, City Mager ATTEST: APPROVED AS TO FORM: City AfCn1l ~ Proposed by: City Administration Prepared by: Community Development Planner & City Attorney J:\Attorney\Word\City Attorney\Resolutions\Deerfield Drive Base Reso Parcel 13 BFOX Developments LLC.doc Document Number DEED BY CORPORATION Exempt from fee: s.77.25(2r) Wis. Stats. LPA 3005 (DT1546) 99 THIS DEED, made by BFOX Developments 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 4438 Ashberry Drive, City of Milton, . County of Rock, State of Wisconsin GRANTOR, conveys and warrants the property described below to the City of Janesville, GRANTEE, for the sum of ( ). $1,800.00 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'n 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 Numberrrax Key Number 41 0217100020 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. Mo.y / i 200 (p (Uate) (UfflCer signature) BFOX Develo.£ments LLC ;-z ~ (i.~oratlon Name) I ~ ~cerSlgnature) ßl2ft\N ¡:::OX (print Name, Iltle) (Print Name, Iltle) Project C2006-13 This instrument was drafted by City of Janesville Parcel No. 13 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 70-74 as Doc. 817321 in the Northwest 1/4 of the Northwest 1/4 of Section 17, T3N, R13E, and the Southwest 1/4 of the Southwest 1/4 of Section 8, T3N, R13E, City of Janesville, Rock County, Wisconsin: Commencing at the northernmost corner of said Lot 1, also being the point of beginning; Thence S64°55' 47 "E, 60.93 feet along the northeast line of said Lot 1, also being the existing southwest right-of-way line of Kettering Street to a point hereinafter known as Point "H"; Thence N68°47'01 "W, 61.97 feet to the northwest line of said Lot 1; Thence N37°12'06"E, 4.26 feet along said northwest line of Lot 1 to the point of beginning. Said tract contains 126.9 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 Certified Survey Map (CSM) recorded in Volume 4 of Certified Surveys, Pages 70-74 as Doc. 817321 in the Northwest 1/4 of the Northwest 1/4 of Section 17, T3N, R13E, and the Southwest 1/4 of the Southwest 1/4 of Section 8, T3N, R13E, City of Janesville, Rock County, Wisconsin: Commencing at Point "H" as located in the above described traverse, also being the point of beginning; Thence S64°55'47"E, 86.32 feet along the northeast line of said Lot 1, also being the existing southwest right-of-way line of Kettering Street; Thence S25°01'25"W, 5.06 feet along the southeast line of said Lot 1; Thence N64°50'34"W, 90.21 feet; Thence N71 °37'28"W, 60.03 feet to the northwest line of said Lot 1; Thence N37°12'06"E, 7.93 feet along said northwest line of Lot 1; Thence S68°47'01 "E, 61.97 feet to the northeast line of said Lot 1 and the point of beginning. Said tract contains 809.6 sf. Project J.D. C2006-13 04/28/06 Parcel 13