2006-302
RESOLUTION NO. 2006 - 302
RESOLUTION AUTHORIZING THE PURCHASE ACQUISITION OF AND CERTAIN
OTHER RIGHTS TO REAL PROPERTY LOCATED AT 4001 MILTON AVENUE,
BOUCHER HOLDINGS 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, Boucher Holdings LLC is the record owner of the real property located at
4001 Milton Avenue, Tax Parcel Identification No. 0208400243, 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 Boucher Holdings LLC property(ies) and/or other rights, if any,
as set forth in the attachments hereto in the amount of Three Hundred and no/100th
Dollars ($300.00); 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 14 Boucher Holdings 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:
ATTEST:
APPROVED AS TO FORM:
1M-{ 4/l
City Attorney ,
Proposed by: City Administration
Prepared by: Community Development Planner &
City Attorney
J:\Attorney\Word\City Attorney\Resolutions\Deerfield Drive Base Reso Parcel 14 Boucher Holdings LLC.doc
Document Number
TEMPORARY LIMITED EASEMENT
Exempt from fee: s. 77 .25(2r) Wis. Slats.
LPA 3042 (DT1577) 98
THIS EASEMENT, made by Boucher Holdings LLC
GRANTOR, conveys a temporary limited easement as described below to the City of
Janesville, GRANTEE, for the sum of Three Hundred and 00/100
Dollars
($ 300.00
).
for the purpose of constructing cut or fill slopes.
Legal Description
LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART
HEREOF BY REFERENCE.
This space is reserved for recording data
Return to
City of Janesville
18 N Jackson St
Janesville, WI 53548-2928
CITY CLERK OFFICE
Parcel Identification Number/Tax Key Number
241 0208400243
GRANTOR, having been fully informed of GRANTOR'S right to have the above-described temporary easement appraised, and to receive just
compensation for the easement based on an appraisal, waives the right to an appraisal and agrees to accept settlement in the above-stated amount
as full payment for the easement.
This easement shall terminate upon completion of the construction project for which this instrument is given.
BOUCHER HOLDINGS, LLC
(Signaturel
(Signature)
{Print Namel
(Print Name!
{Date!
State of Wisconsin }
) ss.
County )
On the above date, this instrument was acknowledged before me by
the named person(s).
{Signature, Notary Public, State of Wisconsin!
(Print or Type Name, Notary Public, State of Wisconsin I
(Date Commission Expires)
Project 10 C2006-1 3
This instrument was drafted by City of Janesville
Parcel No. 14
LEGAL DESCRIPTION
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 2 of a Certified Survey Map (CSM) recorded in Volume 25 of Certified
Surveys, Pages 112-118 as Doc. 1540198 in Southwest 1/4 of the Southwest 1/4 of Section 8,
T3N, R13E, City of Janesville, Rock County, Wisconsin:
Commencing at the southernmost corner of said Lot 2, also being the point of beginning;
Thence N54°51 '55"W, 54.60 feet along the southwest line of said Lot 2, also being the
existing northeast right-of-way line of Kettering Street;
Thence S70008'57''E, 53.97 feet to the east line of said Lot 2, also being the existing
northwest right-of-way line of STH 26;
Thence S25°01'05"W, 14.45 feet along the said east line of Lot 2 to the point of beginning.
Said tract contains 388.5 sf.
Project I. D. C2006-13
02/22/06
Parcel 14