#05 Release water main easement at 900 S Palm (File Res. #2012-888)
Community Development Department Memorandum
February 27, 2012
TO: Janesville City Council
FROM: Brad Schmidt, AICP, Associate Planner
SUBJECT: Action on a proposed resolution releasing a water main easement on property
located at 900 S Palm Street (File Resolution No. 2012-888).
SUMMARY
Eric Thoresen, on behalf of Evonik Goldschmidt Corporation, has requested that the City
release an existing 20-foot wide easement for water service that bisects a potion of the
property located at 900 S. Palm Street. The subject property was formerly owned and
operated as the City of Janesville’s Sewage Treatment Plant prior to construction of the current
facility at 3300 Tripp Road in the late 1960’s. Various chemical manufacturers have occupied
the site since that time. In 1970, the City still retained ownership of an adjoining parcel to the
west and secured an easement to extend a water service line to that property. The water
service is no longer in use and all property affected by the easement is under Evonik’s
ownership. A building expansion is proposed by Evonik that would conflict with the location of
the easement. Based on those circumstances, the applicant has requested the easement be
released.
DEPARTMENT RECOMMENDATION
The Community Development Department and the Plan Commission recommend that the City
Council support a motion to approve Resolution No. 2012-888 releasing a water main
easement on property located at 900 South Palm Street.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the recommendation of the Plan Commission.
SUGGESTED MOTION
A motion to approve Resolution No. 2012-888 releasing a water main easement on property
located at 900 South Palm Street.
ANALYSIS
A. The 20-foot wide easement is centrally located on the property to the west of the main
Exhibit 1
building (See ). The easement was conveyed by quit claim deed to the City in
1970 by Northern Petrochemical Company. The easement measures 20 feet in width by
approximately 235 feet in length. A 2 ½ inch water service was previously installed
within the easement; however, this facility is no longer in use and has been abandoned.
B. The Planning and Engineering Divisions have reviewed this request and find that the
easement is not necessary for municipal use and there are no city plans indicating the
facility will be needed in the future. The subject property was recently included in a
certified survey map where numerous other public utility easements were documented
and/or established on the site. Accordingly, staff supports the request to release the
20-foot wide water main easement on the property.
PLAN COMMISSION ACTION – FEBRUARY 20, 2012
The Plan Commission unanimously agreed to forward the proposed easement release of a
water main on 900 South Palm Street to the City Council with a favorable recommendation.
cc: Eric Levitt
Jay Winzenz
RESOLUTION NO. 2012-888
resolution authorizing the release of a water main easement on property located at
A
900 S Palm Street.
WHEREAS
, a 20-foot wide water main easement was dedicated to the City by a quit claim deed
recorded as Document No. 764304 on February 22, 1971, in the Rock County Register of
Deeds Office, Rock County, Wisconsin.
WHEREAS
, an existing water service line within the easement is abandoned and the City
Engineering Department has determined that said easement is not essential for providing utility
service to the site or necessary for other public purposes; and
WHEREAS
, the owner of the property requests that the City release its rights to the water main
easement to facilitate construction of a building addition over the easement; and
WHEREAS
, the City Council find the release of the existing easement consistent with the public
interest.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
JANESVILLE
that the City of Janesville hereby releases all rights to the following described
easement:
th
Located in NE ¼ of Section 2 of T.2N., R.12E. of the 4 P.M., Rock Township, Rock County,
Wisconsin, described as follows:
A 20-foot water main easement as originally recorded on Document 7644304 in the Office of the
Register of Deeds for Rock County, Wisconsin; and as delineated on Page 205 in Volume 34 of
Certified Survey Map Document No. 1920199 in the Office of the Register of Deeds for 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 granting the easement release as herein described.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Eric J. Levitt, City Manager
Liebert
McDonald
ATTEST:
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Voskuil
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Applicant
Prepared by: Community Development Department