#2 Grant a utility easement at N Parker Dr & Wall St (File Res. #2009-625)
Community Development Department Memorandum
August 10, 2009
TO: Janesville City Council
FROM: Al Hulick, Development Specialist
SUBJECT: Action on a proposed resolution granting a utility easement on city
property located at the southwest corner of North Parker Drive and
Wall Street (Downtown Parking Garage) (File Resolution No. 2009-
625).
I. RECOMMENDATION
The Plan Commission and Community Development Department
recommend that the City Council support a motion to approve Resolution
No. 2009-625 granting a utility easement on the city-owned property
located at the southwest corner of North Parker Drive and Wall Street as
necessary for the construction of the downtown parking structure.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the Plan Commission and Community
Development Department’s recommendation.
II. REQUEST
The City intends to build a parking structure at the southwest corner of
Wall Street and North Parker Drive over the existing surface parking lot.
Although there is no set timetable for construction of the structure, the
project will require the relocation of several existing utilities and two
electrical transformers that interfere with the proposed building site. A
new utility easement must be granted across the east portion of the
property to accommodate the relocation of the various easements and
electrical transformers (see attached Map 1). City Council review and
recommendation is required because the easement is being granted
across public lands.
III. ANALYSIS
A. The proposed utility easement is approximately 18-feet in width and
will accommodate various utility service lines and two electrical
transformers that must be relocated within the proposed easement
area as part of the construction process for the new downtown parking
structure.
B. The proposed utility easement will be on the parking lot site behind and
adjacent to the properties located along the east side of North Main
Street between Milwaukee Street and North Main Street.
C. The City’s Engineering Staff has determined that the proposed
easement will accommodate the existing utilities that will need to be
relocated. The affected utility providers have been contacted and have
agreed to relocate their respective utilities to the newly proposed utility
easement at no cost to the City. These facilities will be relocated in
conjunction with the timeline established for construction of the new
downtown parking structure. Therefore, City Staff supports the
granting of this easement.
IV. PLAN COMMISSION ACTION – 20 JULY 2009
Al Hulick, Development Specialist, presented the written staff report.
Commissioner Werner asked what was different with the new parking
structure design, as compared to the former parking garage that existed
on the site, that would require the easement relocation. Cantrell stated
that when the parking lot was constructed the utility company installed a
utility line running diagonally through the parking lot without obtaining an
easement. Since the utility line location is conflicting with the construction
of the parking garage, they must relocate the line at their expense. We
have negotiated an acceptable easement location with the utility company
which will accommodate their needs and not negatively impact future city
plans.
There was a motion by Commissioner Hanewold with a second by
Chairperson Helgerson to forward the easement request to the City
Council with a favorable recommendation.
The motion carried on a 6-0-0 vote.
cc: Brad Cantrell
Duane Cherek
Resolution No. 2009-625
A resolution granting a utility easement on city property located at the southwest corner
of North Parker Drive and Wall Street (Downtown Parking Garage)
WHEREAS
, the City of Janesville, Rock County, Wisconsin, is the owner of the property located
at:
Part of Block 34, Original Plat, City of Janesville, Rock County, Wisconsin,
Described as follows:
Commencing at the most northerly corner of said Block 34, also being the R/W
intersection of East Wall Street and North Parker Drive; thence S50°03'35"W,
along the southerly R/W line of East Wall Street, 158.46 ft. to the POINT OF
BEGINNING; thence S40°03'47"E, 172.18 feet; thence N50°03'15"E, 157.76
feet, to the westerly R/W line of North Parker Drive; thence S39°49'40"E, along
said westerly R/W line, 10.00 feet; thence S50°03'15"W, 157.36 feet; thence
S50°03'49"W, 19.00 feet; thence N36°10'48"W, 9.54 feet; thence N40°42'39"W,
47.50 feet; thence S50°03'35"W, 32.86 feet; thence N39°56'25"W, 15.00 feet;
thence N50°03'35"E, 35.00 feet; thence N39°47'21"W, 43.74 feet; thence
S50°03'35"W, 6.95 feet; thence N 39°45'00"W, 21.19 feet; thence N50°13'07"E,
4.78 feet; thence N39°48'15"W, 45.25 feet, to the southerly R/W line of East Wall
Street; thence N50°03'35"E, along said southerly R/W line, 18.00 feet to the
POINT OF BEGINNING.
WHEREAS
, as part of the proposed construction of the Downtown Parking Structure at the
southwest corner of North Parker Drive and Wall Street, several existing underground and
above ground utilities will need to be relocated to the proposed public utility easement to
accommodate said construction; and
WHEREAS
, the City Planning and Engineering staff has determined that the located of the
newly proposed easement along the rear lot line of the buildings located along the east side of
North Main Street between Wall Street and East Milwaukee is the most appropriate place to
relocate the existing utilities; and
WHEREAS
, the existing utilities will be relocated to the proposed public utility easement at no
cost to the City of Janesville; and
WHEREAS
, on 20 July 2009 the Janesville Plan Commission, pursuant to Section 62.23,
Wisconsin Statutes, reviewed the granting of this easement on public land and found it to be
consistent with City Plans but did not review the financial aspects of the transaction; and
WHEREAS
, providing this easement is in the best interest of the City and its residents; and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
JANESVILLE
that the City of Janesville hereby grants a public utility easement located at:
Utility Easement:
Part of Block 34, Original Plat, City of Janesville, Rock County, Wisconsin, Described as follows:
Commencing at the most northerly corner of said Block 34, also being the R/W intersection of
East Wall Street and North Parker Drive; thence S50°03'35"W, along the southerly R/W line of
East Wall Street, 158.46 ft. to the POINT OF BEGINNING; thence S40°03'47"E, 172.18 feet;
thence N50°03'15"E, 157.76 feet, to the westerly R/W line of North Parker Drive; thence
S39°49'40"E, along said westerly R/W line, 10.00 feet; thence S50°03'15"W, 157.36 feet;
thence S50°03'49"W, 19.00 feet; thence N36°10'48"W, 9.54 feet; thence N40°42'39"W, 47.50
feet; thence S50°03'35"W, 32.86 feet; thence N39°56'25"W, 15.00 feet; thence N50°03'35"E,
35.00 feet; thence N39°47'21"W, 43.74 feet; thence S50°03'35"W, 6.95 feet; thence N
39°45'00"W, 21.19 feet; thence N50°13'07"E, 4.78 feet; thence N39°48'15"W, 45.25 feet, to the
southerly R/W line of East Wall Street; thence N50°03'35"E, along said southerly R/W line,
18.00 feet to the POINT OF BEGINNING.
Bearings are referenced to the Southerly R/W line of East Wall Street, as shown on Ronald
Combs Plat of Survey of Block 34, dated August 30, 2001, which bears
S50°03'35"W.
Containing 5408 sq ft (0.12 Ac)
BE IT FURTHER RESOLVED
that the City Manager and City Clerk of the City of Janesville are
hereby authorized to negotiate, draft, enter into and execute, on behalf of the City of Janesville,
a proposed public utility easement, prepare and file such other documents, forms and papers
pertaining to this transaction as may, from time to time, be necessary or desirable to effectuate
the intent of this resolution and/or easement.
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: Community Development Department
Prepared by: Community Development Department