#4 Approve release of easement at 1909 & 1933 West Court Streets (File Res. #2009-608)Community Development Department Memorandum
Date: June 8, 2009
TO: Janesville City Council
FROM: Vicky Miller, Development Specialist
SUBJECT: Action on a proposed resolution approving the release of City of Janesville
rights to a 30 foot utility easement located at 1933 West Court Street and
1909 West Court Street (File Resolution No. 2009-608).
RECOMMENDATION
The Plan Commission and Community Development Department recommend that the
City Council support a motion to approve Resolution No. 2009-608 approving the
release of City of Janesville rights to a 30 foot utility easement located at 1933 West
Court Street and 1909 West Court Street.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the Plan Commission and Community Development
Department recommendation.
SUGGESTED MOTION
Move to adopt Resolution No. 2009-608.
REQUEST
Flad Development and Investment Corporation, on behalf of Watts Road, LLC, is
requesting the release of a 30-foot wide utility easement which traverses through Lots 1
and 2 of Certified Survey Map, Document number 1859170 recorded on March 26,
2009, and addressed as 1933 West Court Street and 1909 West Court Street. The
easement was part of a public service alleyway which was vacated as part of the
Walgreens redevelopment site.
ANALYSIS
A. The easement consists of a 30 foot wide area which runs parallel to West Court
Street through Lots 1 and 2 of Certified Survey Map 1859170. These two lots
are the future site locations for Walgreens and a Sara Investment development.
B. This request will fulfill a requirement as noted on page 4 of the CSM, “Public
utility easement rights, if any, within that portion of the vacated alley lying in this
Certified Survey Map shall be released via a separate instrument following the
recording of this Certified Survey Map”.
C. The utility easement is located within a former alleyway which was vacated by
the City Council earlier this year. The utilities which were within the easement
are being moved into a newly dedicated area. The Engineering Department has
completed plans and has let for bid for relocation of the city utilities.
D. The Community Development, Engineering, and Technical Services
Departments find the easement is currently not necessary for municipal use and
there are no city plans indicating that the facilities will be needed in the future.
Therefore, the easement can be released.
E. It is the applicant’s responsibility to request a separate easement release from
Alliant, AT&T, and Charter Communications. If other public/private utility lines
exist within the easement areas, it shall be the applicant’s responsibility to
coordinate and pay for their removal and/or relocation.
IV. PLAN COMMISSION ACTION – 18 May 2009
The Plan Commission unanimously agreed to forward this release of easement
to the City Council with a favorable recommendation.
cc: Gale Price
Brad Cantrell
Jay Winzenz
RESOLUTION NO. 2009-608
A resolution releasing a 30-foot wide utility easement located on Lots 1 and 2 of
Certified Survey Map 1859170; otherwise described as 1933 West Court Street
and 1909 West Court Street.
WHEREAS
, a 30-foot wide public underground utility easement located on Lots 1 and 2
of Certified Survey Map, was recorded on March 26, 2009, in Volume 33, on Pages 23-
29 as Document Number 1859170, in the Office of the Register of Deeds, Rock County,
Rock County, Wisconsin; and
WHEREAS
, said easement was granted and dedicated to the City of Janesville for
utility and related/other public purposes; and
WHEREAS
, said utility easement is no longer needed by the City of Janesville for utility
or other public purposes; and,
WHEREAS
, the Common Council hereby find that the release of said utility easement
will not be contrary to the public interest and is appropriate at this time.
NOW, THEREFORE, BE IT RESOLVED
that said utility easement as described below
hereby is and henceforth shall be fully vacated, released, and abandoned by the City of
Janesville:
Located in the NE ¼ of the SW ¼ of Section 35, Township 03 North,
Range 12 East, City of Janesville, Rock County, Wisconsin, described as
follows:
A 30-foot wide Public Underground Utility easement located within
Lot 1and Lot 2 of Certified Survey Map, recorded on March 26,
2009 as Document Number 1859170 in the Office of the Register of
Deeds, Rock County, Wisconsin.
BE IT FURTHER RESOLVED THAT
upon adoption of this resolution, the City Clerk is
directed to record a certified copy of this resolution with the Register of Deeds of Rock
County, Wisconsin, thus, memorializing the vacation, release, and abandonment of the
easement as herein described by the City of Janesville.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: Applicant
Prepared by: Community Development Department