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