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#1 Authorize easement across greenbelt west of Castlemoor Drive (File Res. #2010-726)Community Development Department Memorandum Date: August 26, 2010 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Action on a proposed resolution authorizing of the conveyance of an easement across a portion of greenbelt west of Castlemoor Drive (File Resolution No. 2010- 726). ____________________________________________________________________ SUMMARY Rock Energy Cooperative, on behalf of Willow Glade LLC, has requested that the City grant them a 10-foot wide utility easement to allow the extension of an underground electric line across a portion of a public greenbelt to provide service to residential lots located in the Willow Glade subdivision. The new easement will allow Rock Energy to extend electric transmission lines from services currently located south of the Willow Glade subdivision adjoining the greenbelt (see attached map). DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to approve Resolution No. 2010-726 granting a utility easement across a portion of public greenbelt west of Castlemoor Drive. CITY MANAGER RECOMMENDATION The City Manager recommends approval. ANALYSIS A. The proposed easement will be 10 feet wide and approximately 160 feet in length along the east perimeter of the greenbelt. The requested easement will only allow Rock Energy to maintain and operate underground utilities within the easement; it does not grant them rights to install any other above-ground transmission facilities such as cabinets, poles or equipment buildings. B. Planning, Engineering and Parks Department staff have reviewed the proposed easement location for appropriateness and find that the installation of utilities will not negatively impact the current or future use of the greenbelt in this area. No other existing or planned public utility installations are currently located within this area. In exchange for the granting of this greenbelt across public lands to serve the recently platted residential lots, the developer, Willow Glade, will convey a portion of land to the City for public greenbelt purposes by quit claim deed. The approximate size of this parcel is 16,200 s.f. in area and will be utilized for storm water management facilities to be constructed by the city in the greenbelt. C. It is common practice for the City to grant utility easements across public lands. Most frequently that occurs in public street right-of-way but occasionally utility companies must traverse other public lands including parks and greenbelts. Since most utility extensions are necessary to serve City growth, such installations are generally consistent with City plans provided there are no negative impacts on the area they cross. In this case, the facilities will be installed underground so there will be no negative impacts to the affected greenbelt. PLAN COMMISSION ACTION – 16 AUGUST 2010 Duane Cherek, Planning Services Manager, presented the written staff report. There was no discussion. There was a motion by Commissioner Adams with a second by Commissioner Helgerson to approve an underground utility easement in the public greenbelt west of Castlemoor Drive. The motion carried on a 6-0-0 vote. RESOLUTION NO. 2010-726 A resolution granting a 10-foot wide utility easement across a portion of greenbelt west of Castlemoor Drive. WHEREAS , the City of Janesville, Rock County, Wisconsin, is the owner of a public greenbelt west of Castlemoor Drive located in the Southeast Quarter (SE 1/4 ) of Section 8, Town 3 North, Range 13 East in the 4th P.M., City of Janesville, Rock County, Wisconsin; WHEREAS , Rock Energy Cooperative must extend an underground electric line across a portion of a public greenbelt in order to provide service to residential lots located in the Willow Glade subdivision; and WHEREAS , Rock Energy Cooperative has requested that the City grant them an easement, 10 feet in width, extending across a portion of the public greenbelt west of Castlemoor Drive to facilitate the installation of necessary electric transmission lines; and WHEREAS , the City Planning, Engineering, Leisure Services and Public Works staff have determined that the location of the proposed easement does not conflict with the current or planned future use of the affected portion of the greenbelt; and WHEREAS , on August 16, 2010, the Janesville Plan Commission reviewed the granting of this easement to Rock Energy Cooperative and found it to be consistent with City plans and practices; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JANESVILLE that the City of Janesville hereby grants the following described easement: LOCATED ON PART OF THE PUBLIC GREENBELT AS DEDICATED ON “HEIDER ESTATES” AND “CASTLEMOORE ESTATES FIRST ADDITION”, LOCATED IN THE SE ¼ OF SECTION 8, T.3N., TH R.13E. OF THE 4 P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Beginning at the most Westerly Corner of Lot 1, Willow Glade; thence o S.4746’35”W. 149.52 feet to a point on the Northwest Line of Lot 77, Castlemoor Estates First Addition; ooo thence N.4213’25”W. 10.00 feet; thence N.4746’35”E. 159.52 feet; thence S.4213’25”E. 10.00 feet to o the Northwest Line of said Lot 1; thence S.4746’35”W. along said Northwest Line 10.00 feet to the place of beginning. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. 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