#3 Grant a utility easement along Ruger Avenue (File Res. #2009-652)DEPARTMENT OF PUBLIC WORKS MEMORANDUM
November 13, 2009
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: Action on a Proposed Resolution Granting a Non-Exclusive Utility
Easement along Ruger Avenue to Alliant Energy
(File Resolution No. 2009-652)
Summary
The Ruger Avenue bridge over Spring Brook (between Greendale Drive and Brakefield
Drive) is being replaced in 2010. The bridge replacement project will require Alliant
Energy to relocate two existing gas mains currently located in the terrace within the
Right-Of-Way. The bridge designer, AECOM, is requesting that the gas mains be
relocated a minimum of 20 feet away from the future outside edge of the new structure.
This cannot be accomplished within the existing Right-Of-Way and requires two
easements through the greenbelt, one on the north side of the street and a second on
the south side of the street.
This greenbelt contains Spring Brook and primarily provides stormwater management
for the neighborhood. The Parks Department is aware of the need for utility easements
across the greenbelt. If the easement is granted, Alliant intends to bore the greenbelt
and brook to minimize disruption of the route. The relocation of the gas mains will be at
no cost to the City. Engineering does not recommend charging Alliant for the easement
since the City is requiring Alliant to relocate the gas mains for a new bridge project.
Recommendation
Engineering recommends the City Council approve File Resolution 2009-652 allowing
the City Manager to approve non-exclusive utility easements across the greenbelt,
required for the Ruger Avenue bridge replacement project.
Suggested Motion
I move to approve File Resolution 2009-652 for the City to grant non-exclusive utility
easements as proposed for the Ruger Avenue bridge replacement project.
City Manager’s Recommendation
The City Manager concurs with the Engineering Division’s recommendation.
Attachments
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Asst. City Manager
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CITY OF JANESVILLE
RESOLUTION NO. 2009-652
A Resolution granting two (2) non-exclusive Utility Easements crossing City public
greenbelt east of Greendale Drive at Ruger Avenue to Alliant Energy from the City of
Janesville.
WHEREAS, said greenbelt is used primarily for storm water conveyance and public
open space and recreation use with a bike trail;
WHEREAS, the City of Janesville will be reconstructing the Ruger Avenue bridge in
2010 and Alliant Energy has two (2) existing gas mains, one (1) within and one (1)
outside of the Ruger Avenue public Right-Of-Way. Said gas lines conflict with the
proposed bridge structure and construction thereof, requiring the relocation of these
gas lines through the greenbelt; and
WHEREAS, the non-exclusive easements to be provided by the City of Janesville to
Alliant Energy shall be approximately 2,500 square feet on the south side of Ruger
Avenue and approximately 1,900 square feet on the north side of Ruger Avenue; and
WHEREAS, Alliant Energy will relocate the two (2) existing gas mains at the direction of
the City of Janesville at no cost to the City of Janesville; and
WHEREAS, the City Planning, Engineering, Public Works and Parks Staff have
determined that the locations of the proposed non-exclusive easements do not conflict
with the current or planned future use of the affected portion of the greenbelt; and
WHEREAS, the Janesville City Council finds the granting of the proposed non-
exclusive easements in the desired locations to be a reasonable request.
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of
Janesville that said Council hereby grants the two (2) non-exclusive easements to
Alliant Energy as described in Exhibit A attached hereto and made a part hereof.
BE IT FURTHER RESOLVED, that the City Manager and his designee(s) on behalf of
the City of Janesville, is/are hereby authorized and empowered to negotiate, draft,
modify, review, and execute these easements, 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 make 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 project.
CITY OF JANESVILLE
RESOLUTION NO. 2009-652
(Page 2 – Continued)
ADOPTED:
MOTION BY:
APPROVED:
SECOND BY:
COUNCILMEMBER AYE NAY PASS ABSENT
Eric Levitt, City Manager
BRUNNER
ATTEST:
McDONALD
Jean Ann Wulf, City Clerk-Treasurer
PERROTTO
APPROVED AS TO FORM:
RASHKIN
__________________
STEEBER
Assistant City Attorney
TRUMAN
VOSKUIL
Proposed by: Engineering Division
Prepared by: Engineering Division
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EXHIBIT A
ATTACHMENT TO RESOLUTION 2009-652
LEGAL DESCRIPTIONS FOR GAS LINE EASEMENTS
North Easement
Located in the NW1/4 of the NE1/4 of Section 32, Town 3 North, Range 13 East, City of
Janesville, Rock County, Wisconsin described as follows:
Commencing at the intersection of the east right of way line of Greendale Dr and the north right
of way line of Ruger Ave; thence northerly along the east R/W line of Greendale Dr, 15 ft, to the
Point of Beginning; thence easterly and parallel with the north R/W line of Ruger Ave, 140 ft;
thence southerly and perpendicular to the north R/W line of Ruger Ave, 15 ft, to the north R/W
line of Ruger Ave; thence easterly along the north R/W line of Ruger Ave, 20 ft; thence
northerly and perpendicular to the north R/W line of Ruger Ave, 25 ft; thence westerly and
parallel with the north R/W line of Ruger Ave approximately 160 ft, to the east R/W line of
Greendale Dr; thence southerly along the east R/W line of Greendale Dr approximately 10 ft to
the Point of Beginning.
Containing approximately 1900 sq. ft. (0.044 ac.)
South Easement
Located in the NW1/4 of the NE1/4 of Section 32, Town 3 North, Range 13 East, City of
Janesville, Rock County, Wisconsin described as follows:
Beginning at the intersection of the south R/W line of Ruger Ave and the west R/W line of
Brakefield Dr; thence southerly, along the west R/W line of Brakefield Dr, 25 ft; thence
westerly and parallel with the south R/W line of Ruger Ave, 205 ft; thence northerly and
perpendicular to the south R/W line of Ruger Ave, 25 ft, to the south R/W line of Ruger Ave;
thence easterly along the south R/W line of Ruger Ave, 20 ft; thence southerly and
perpendicular to the south R/W line of Ruger Ave, 15 ft; thence easterly and parallel with the
south R/W line of Ruger Ave, 175 ft; thence northerly and parallel with the west R/W line of
Brakefield Dr, approximately 15 ft, to the south R/W line of Ruger Ave; thence easterly along
the south R/W line of Ruger Ave, approximately 10 ft, to the Point of Beginning.
Containing approximately 2500 sq. ft. (0.057 ac.)
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