#09 Conveyance of land on Mill Street to Evonik-Goldschmidt Corp (File Res. #2010-690)Community Development Department Memorandum
April 12, 2010
TO: Janesville City Council
FROM: Duane Cherek, Planning Services Manager
SUBJECT: Action on a proposed resolution declaring certain public property along
Mill Street as surplus and authorizing its conveyance to Evonik-
Goldschmidt Corporation (File Resolution No. 2010-690)
SUMMARY
This item involves a request to convey two small City-owned parcels of land situated
along Mill Street to the Evonik-Goldschmidt Corporation which is located at 900 S. Palm
Street (see location map). This item is being processed in conjunction with a separate
request to vacate unimproved street sections located south of Rockport Road and west
of S. Palm Street. Evonik industries own all parcels of land adjoining these street
sections located north of Mill Street, and they desire to consolidate the individual
parcels by recording a certified survey map. During preparation of the survey and street
vacation process, staff identified two city-owned parcels that will serve no public
purpose if retained. As required by State Statute, conveyance of City-owned land must
be scheduled for Plan Commission review and comment in order to determine if it is
consistent with established City plans and then approved by the City Council.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that the
City Council support a motion to approve Resolution No. 2010-690 declaring two
properties along Mill Street as surplus and authorizing the conveyance of that land to
the adjoining owner.
SUGGESTED MOTION
A motion to approve Resolution No. 2010-690 declaring two small City-owned parcels of
land along Mill Street as surplus property and authorizing the conveyance of that land to
the adjoining owner.
ANALYSIS
A. In 2005, the city acquired a triangular-shaped sliver of land along Mill Street to
ensure that the public road in that location did not encroach onto private property.
This sliver of land is approximately 4,100 sq ft in size and extends along the south
side of Mill Street where a portion of the gravel road surface was constructed just
beyond the right-of-way limits. Since the City has no interest or public purpose for
maintaining ownership of this strip of land based on our support of the Mill Street
right-of way vacation, staff is recommending that it be conveyed by deed to the
applicant concurrent with the proposed street vacation.
B. The other parcel of land was originally deeded to the City by the former owner of the
Evonik plant (Ashland Oil, Inc.) in 1975. This parcel is roughly 13,000 sq ft in size
and extends west beyond the current terminus of Mill Street (see map). It
encompasses an open ditch type of drainage channel that was constructed to allow
for stormwater conveyance across the Evonik site. City ownership of this property
(via the deed) was discovered by the surveyor during preparation of the certified
survey map of the industrial site – no record of City ownership was on file by the
Assessor’s office. Later this year, the City will be constructing improvements to the
public storm sewer and drainage system along Mill Street and affecting the Evonik
site. Those activities will eliminate the existing drainage channel in this area and the
need for any future maintenance, public ownership or use. This will allow Evonik to
restore the area for future industrial use as part of their existing operations.
C. Plan Commission must review this land transfer and determine that the proposed
conveyance to the adjoining land owner as surplus property is consistent with City
Plans. Staff has reviewed this matter with the Engineering Department that
indicates there are no plans to utilize either parcel for public utilities or services, and
saw no need for further public ownership and supported the conveyance. The
conveyance will place the ownership and use of the property with the adjoining
industrial property owner, thus establishing a viable use that is consistent with the
industrial land use designation shown on the Comprehensive Plan.
PLAN COMMISSION ACTION – 5 APRIL 2010
Duane Cherek, Planning Services Manager, presented the written staff report. There
were no questions or discussion. The Plan Commission unanimously agreed to declare
two small City-owned parcels of land as surplus property and then forward a positive
recommendation to the City Council for the conveyance of that land to the adjoining
owner located along Mill Street.
cc: Brad Cantrell
RESOLUTION NO. 2010-690
A resolution declaring as surplus certain public property along Mill Street and authorizing its
conveyance to Evonik-Goldschmidt Corporation.
WHEREAS, the City of Janesville owns certain real property located south and west of Mill
Street in the City of Janesville, legally described as follows:
Parcel A
An irregular parcel of land located in Government Lot 1, Section 2, Town 2 North, Range 12
th
East, 4 Principal Meridian, City of Janesville, Rock County, Wisconsin, described as follows:
Commencing at a point on the north-south centerline of said Section 2, said point being 838.86
o
feet S.014’36”E. of the North ¼ corner of said Section 2, said point being also on the
o
southeasterly right-of-way line of the Chicago and Northwestern Railway; thence N.4839’58”E.
o
along said right-of-way line 23.86 feet; thence N.4423’23”E. along said right-of-way line 203.56
o
feet; thence N.4001’15”E. along said right-of-way line 65.34 feet to the point of beginning;
o
thence continuing N.4001’15”E. along said right-of-way line 179.18 feet to the centerline of
o
Mills Street as platted in Miltimore’s Addition, a recorded subdivision; thence N.8903’20”E.
along the centerline of Mills Street 341.76 feet to the east line of South Pine Street; thence
oo
S.057’21”W., 33.00 feet to the south line of Mills Street; thence S.8246’42”W., 50.30 feet;
ooo
thence S.8115’17”W., 50.57 feet; thence S.7728’14”W. 51.06 feet; thence S.7256’49”W.
oo
52.04 feet; thence S.7114’55”W., 52.52 feet; thence S.7022’49”W., 52.78 feet; thence
ooo
S.6812’41”W., 44.68 feet; thence S.5744’43”W., 93.82 feet; thence N.4958’45”W., 49.38 feet
to the point of beginning. Excepting therefrom all lands lying in the platted Mills Street.
Parcel B
th
Part of Miltimore’s Addition, all being part of the NE.1/4 of Section 2, T.2N., R.12E. of the 4
P.M., Rock Township, all in the City of Janesville, Rock County, Wisconsin, described as
follows:
o
Commencing at the North quarter corner of Section 2 aforesaid; thence North 8901’47”East
o
1005.26 feet along the North line of said quarter section; thence South 0057’08”East 529.37
o
feet to the place of beginning for the parcel herein described; thence South 8445”44”West
oo
335.93 feet; thence North 0149’48”West 25.00 feet; thence North 8901’32” East 335.38 feet to
the place of beginning. Containing 4,192 square feet more or less.
WHEREAS, said property comprises two separate parcels of land (hereinafter Parcel A and
Parcel B) containing approximately 0.30 acres and 0.09 acres in size, respectively, and;
WHEREAS, Parcel A was conveyed to the City of Janesville in 1975 to accommodate public
storm drainage facilities and receive conveyance of stormwater from Mill Street, and;
WHEREAS; the thin strip of land contained by Parcel B was acquired by the City of Janesville in
2005 to permit the public road surface within Mill Street from encroaching onto private property,
and;
WHEREAS, said land is no longer needed for public purposes and, thus, constitutes surplus
property; and
RESOLUTION NO. 2010-690
Page 2
WHEREAS, this conveyance would facilitate the vacation of Mill Street, the design and
construction of alternative storm water improvements in the area, and the abandonment of an
existing open drainage ditch that conveys public storm water across private property, and;
WHEREAS, said land will be conveyed to Evonik-Goldschmidt Corporation, the owner of
adjoining property, for no consideration; and
WHEREAS, the Janesville Plan Commission reviewed this proposed land conveyance on 5
April 2010, declared the land as surplus City property appropriate for disposal consistent with
City plans, and recommended that the Common Council approve the land transfers; and
WHEREAS, these findings, conveyances, and transactions are authorized, pursuant to Wis.
Stats. Secs. 62.11(5), 62.22, 62.23(17), 66.0101, and other pertinent provisions of the
Wisconsin Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
JANESVILLE, that above described real property has been found to be surplus, and that the
City Administration is hereby authorized, on behalf of the City of Janesville, to convey the above
surplus real property by quit claim deed to the abutting property owner, Evonik-Goldschmidt
Corporation.
BE IT FUTHER RESOLVED, that the City Manager, Community Development Director, City
Clerk-Treasurer, and other members of the City Administration as the City Manager may
designate, are hereby authorized to negotiate, draft, execute, enter into, amend, change, file,
and record such other agreements, deeds, documents, and papers, and to take such other
actions, related hereto that the City Manager may, from time to time, determine necessary
and/or desirable, and/or that effectuate the intent, of this Resolution.
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:
Wald Klimczyk, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department
And City Attorney
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