#2 Grant a temporary limited easement for an encroachment (File Res. #2012-892)
Community Development Department Memorandum
Date: March 7, 2012
TO: Janesville City Council
FROM: Gale Price, AICP, Manger of Building and Development Services
SUBJECT: Action on a proposed resolution granting a temporary limited easement for
an encroachment allowing installation of ventilation equipment for a new
carry-out restaurant to be located in Suite 120 of 101 East Milwaukee
Street (File Resolution 2012-892).
_____________________________________________________________________
I. EXECUTIVE SUMMARY
Sara Investments, owner of 101 East Milwaukee Street (also known as Prospect 101)
has a prospective tenant for a new carry-out restaurant to be located in Suite 120.
That space previously was used for a carry-out restaurant but this prospective tenant
desires to include an expanded menu which would require a hood and ventilation
duct. The most cost effective approach is to exhaust the equipment through the side
of the building rather than up through multiple floors. Extending the ductwork out the
side of the building requires the City to grant an easement since the adjacent
property is owned by the City.
II. RECOMMENDATION
The Community Development Department recommends that the City Council support
a motion to approve Resolution No. 2012-892 granting a temporary limited easement
for an encroachment allowing installation of ventilation equipment for a new carry-out
restaurant to be located in Suite 120 of 101 East Milwaukee Street.
III. CITY MANAGER RECOMMENDATON
The City Manager recommends approval.
IV. SUGGESTED MOTION
Motion to approve file resolution 2012-892, granting a temporary limited easement for
an encroachment allowing installation of ventilation equipment for 101 East
Milwaukee Street.
V. REQUEST
Ryan Savasta representing 101 Milwaukee, LLC (Sara Investments Real Estate) who
is the principal owner of 101 East Milwaukee Street (also known as Prospect 101)
has requested a temporary limited easement for the installation of ventilation
equipment at 101 East Milwaukee Street. The proposed temporary limited easement
will allow for installation of a cooking hood fan to project out of the north side of the
building and would facilitate a new carry-out restaurant within Suite 120. This suite
was formerly leased to a carry-out restaurant with a limited food menu.
The property affected by the easement is a City-owned parking lot between 101 East
Milwaukee and 16 North Main Street (Looking Glass Saloon). The easement would
allow the duct work to extend off of the side of the building and over a portion of the
parking lot. In order to protect the City’s investment the easement must be temporary
and allow the City to require the owner of 101 East Milwaukee to relocate the cooking
hood fan if the City or another entity redeveloped the adjacent parking lot.
Relocation of the duct work and fan would be needed if a new structure was
constructed on the property, which is not anticipated at this time as the parking lot
also provides delivery access for the remaining buildings north of the lot including
Looking Glass Saloon and Quotes Bar. The easement protects the owner of 101
East Milwaukee Street until such time as the facilities must be moved.
VI. ANALYSIS
A. Sara Investments desires to fill Suite 120 with a new carry-out restaurant within
the building. The most reasonable approach to providing the required hood and
fan equipment is to extend outside the building on the north side. Without the
easement the fan and duct work would need to extend vertically through the
building to the roof. Given the location of the tenant space and the complicated
nature of extending vertically through existing rented space, Staff believes that
this is a reasonable alternative. The new carry-out restaurant will include a
remodel with a new kitchen. New ventilation equipment is necessary to expel
grease laden fumes from the space and to meet the requirements of the
Wisconsin Commercial Building Code.
B. The installation of the ventilation equipment includes a cooking hood over a grill
connected to a commercial hood fan that vents to the outside. Because there are
existing tenants in the upper floors of the building, it would be difficult to extend
the hood duct up through the building envelope. Because the property line
between the City-owned parking lot and 101 East Milwaukee is immediately
adjacent to the exterior wall of the building, an easement allowing the
encroachment is required. That easement would be temporary in nature to
prevent any structural encroachment within 10 feet of the hood fan.
C. The commercial building code allows such encroachments to occur when there is
an easement in place to protect the parties. A 14 foot by 37 foot easement at the
northwest corner of 101 East Milwaukee is proposed. The 14 foot dimension for
the fan encroachment is identified since the clear area around the hood fan must
be 10 feet beyond the hood fan, which is 3.5 feet in length.
D. The easement is temporary in nature to protect the City’s interest in the real
estate between 101 East Milwaukee and 16 North Main Street. If the City or
another owner was to redevelop the property with a building that extended up to
the property line and the exterior of the building, a permanent easement would
prevent any building from being within 14 feet of the exterior of the building where
the hood is. With this temporary easement the City can require the owner of 101
East Milwaukee Street and/or the carry-out restaurant owner to remove the hood
fan within 90 days of a written request of the City and the equipment must be
relocated to meet the requirements of the Wisconsin Commercial Building Code.
Since the easement is temporary in nature and no City assistance has been given
to the project, the City will not charge a fee for the easement. The easement will
not affect the parking within the lot as that activity does not qualify as a “structure”
and is permitted to continue.
VII. PLAN COMMISSION RECOMMENDATON
The Plan Commission reviewed this request at its March 5, 2012 meeting and
.
unanimously voted to forward the request with a recommendation for approval
cc: Eric Levitt
Jacob J. Winzenz
RESOLUTION NO. 2012-892
A resolution granting a temporary limited easement for an encroachment of
installation of ventilation equipment for 101 East Milwaukee Street, Suite 120
affecting property between 101 East Milwaukee Street and 16 North Main Street
(File Resolution No. 2012-892).
WHEREAS
, the City of Janesville, a Wisconsin Municipal Corporation located in Rock
County, Wisconsin is the owner of property located between 101 East Milwaukee Street
and 16 North Main Street and grants the temporary limited easement as described on
the attached Exhibit A; and
WHEREAS
, 101 Milwaukee Street, LLC, an Wisconsin Domestic Limited Liability
company, owner of real estate located at 101 East Milwaukee Street and the
prospective tenant in a first floor carry-out restaurant use have requested that the City
grant to them a temporary limited easement to facilitate the installation of ventilation
equipment for a cooking hood fan for a carry-out restaurant to be located at 101 East
Milwaukee Street, Suite 120; and
WHEREAS
, the City of Janesville Community Development staff have determined that
the location of the proposed easement does not conflict with the current or planned
future use of city-owned lands in the easement area; and
WHEREAS
, the easement is revocable by the City as upon written request by the City
to the owner of the real estate located at 101 East Milwaukee and the carry-out
restaurant owner in Suite 120 at 101 East West Milwaukee Street will be required to
remove the hood fan encroachment from the north wall of 101 East Milwaukee Street at
their own expense. Furthermore the hood fan shall be required to relocated in
accordance with the Wisconsin Commercial Building Code and the exterior wall
returned to a code compliant fire wall, all at the expense of the owners of 101 East
Milwaukee Street and/or the owner of the carry-out restaurant located at 101 East
Milwaukee Street, Suite 120; and
WHEREAS
; the redevelopment of Suite 120 within 101 East Milwaukee Street
represents a significant investment in the property without City assistance and since the
easement is temporary nature, the City shall not require payment for the easements
covering the encroachments as described; and
WHEREAS
, the Janesville Plan Commission, pursuant to Section 62.23, Wisconsin
State Statutes, reviewed the granting of the easements to 101 Milwaukee Street, LLC
and found the easement to be consistent with City Plans but did not review the financial
aspects of the transaction; and
WHEREAS
, providing these easements are 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 the easements to 101
Milwaukee Street, LLC as described in Exhibit A attached hereto and made a part
hereof; and
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, the proposed easements between the City and 101 Milwaukee
Street, LLC, and 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 easements.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Liebert
Eric J. Levitt, City Manager
McDonald
Rashkin
ATTEST:
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney
Proposed by: 101 Milwaukee Street, LLC
Prepared by: Community Development Department
EXHIBIT A
ATTACHMENT TO RESOLUTION NO. 2012-892
TEMPORARY LIMITED EASEMENT FOR AN ENCROACHMENT OF INSTALLATION
OF VENTILATION EQUIPMENT FOR 101 EAST MILWAUKEE STREET
LEGAL DESCRIPTION
Easement Area:
The Grantor shall grant a 14-foot wide Temporary Limited non-exclusive
easement for an encroachment for the installation of ventilation equipment within the following
described area:
LOCATED ON LOT 7, BLOCK 34, ORIGINAL PLAT, CITY OF JANESVILLE, ROCK COUNTY,
WISCONSIN
DESCRIBED AS FOLLOWS: Commencing at a drillhole in concrete at the most Southerly
corner of said Block 34; thence N.39˚48’15”W. along the SW Line of said Block 92.80 feet to the
most Westerly Corner of a parcel described in Document No. 1834900, also being at the place
of beginning for the easement to be herein described; thence N.39˚48’15”W. continuing along
said SW Line 14.00 feet; thence N.50˚06’10”E. 37.00 feet; thence S.39˚48’15”E. 14.00 feet to a
line of said Parcel thence S.50˚06’10”W. along said Line of said Parcel 37.00 feet to the place of
beginning.
NOTE: The above description is subject to any and all existing easements and agreements,
recorded or unrecorded.
NOTE: The granting of these easements are subject to the following conditions as outlined in
City of Janesville Common Council authorization Resolution No. 2012-892:
The easement is revocable and may be fully and forever terminated by the City, at no cost or
expense to the City, at any time upon written notice from the City to the current or future owner
of the real property located at 101 East Milwaukee. Building owner of 101 East Milwaukee
and/or restaurant owner in Suite 120 will be required to remove the hood fan north wall of 101
East Milwaukee Street at their own expense. Furthermore the hood fan shall be required to
relocated in accordance with the Wisconsin Commercial Building Code and the exterior wall
returned to a code compliant fire wall, all at the total cost and expense of the owner of 101 East
Milwaukee Street and/or the owner/operator of the carry out restaurant 101 East Milwaukee
Street, Suite 120.
The redevelopment of Suite 120 within 101 East Milwaukee Street represents a significant
investment in the property without City assistance. Because the easement is of a temporary
nature and because the renovation project cannot move forward without the easement from the
City, by accepting this limited non-exclusive easement the grantee, for himself and each and
every of grantee’s heirs, executors, and assigns acknowledges and agrees that the City shall
not require payment for the easements covering the encroachments as described but such
development, investment and easements create no current or future liability or payment of any
kind for the City.
STATE BAR OF WISCONSIN FORM 2 – 1982
TEMPORARY LIMITED
Document No.
ENCROACHMENT EASEMENT
CITY OF JANESVILLE
Hereby grants unto 101 Milwaukee Street, LLC, an Wisconsin Domestic
Limited Liability company a temporary non-exclusive
limited encroachment easement for the installation of ventilation
equipment
on the north side of a structure located at 101 East Milwaukee Street
in the City of Janesville, County of Rock, State
of Wisconsin. Easement allows Ingress To, and Egress
From Same, Including But Not Limited To, Construction, Installation,
Repair, Reconstruction, and Maintenance of ventilation
equipment only for the uses within 101 East Milwaukee Street
Over, upon and over, the following described City of Janesville owned real
estate in Rock County, State of Wisconsin:
RETURN TO:
Jean Ann Wulf
City Clerk - Treasurer
City of Janesville
P.O. Box 5005
Janesville, WI 53547-5005
0136100277
TAX PARCEL IDENTIFICATION NO.
-- REFER TO ATTACHED PAGE 2 --
Dated this ____________________ day of March, 2012.
Conveyance is exempt from the fee because of s. 77.25(2g) and/or (2r).
CITY of Janesville
(SEAL) (SEAL)
* *
By: Eric J. Levitt, City Manager
(SEAL)
* (SEAL) *
By: Jean Ann Wulf, City Clerk-Treasurer
AUTHENTICATIONACKNOWLEDGEMENT
Signature(s) STATE OF WISCONSIN )
ROCK COUNTY ) SS.
Authenticated this day of, Eric J. Levitt and
Jean Ann Wulf
PERSONALLY CAME BEFORE ME THIS day of
* March, 2012, the above named
TITLE: MEMBER STATE BAR OF WISCONSIN
(IF NOT,
AUTHORIZED BY S.S. 706.06, WIS. STATUTES) To me known to be the person(s) who executed the foregoing instrument
And acknowledged the same.
THIS INSTRUMENT WAS DRAFTED BY:
WALDEMAR KLIMCZYK, CITY ATTORNEY By:
CITY OF JANESVILLE Notary Public, Rock County, Wis.
18 NORTH JACKSON ST, P.O. BOX 5005
JANESVILLE, WI 53547-5005 My Commission is permanent. (If not, state expiration date):
(608) 755-3155 Date: 7/29/10 ,
(Signatures may be authenticated or acknowledged. Both are not necessary.)
*Names of persons signing in any capacity should be typed or printed below their signatures.
TEMPORARY LIMITED EASEMENT
CITY OF JANESVILLE FOR 101 MILWAUKEE STREET, LLC
101 EAST MILWAUKEE
PAGE 2
Easement Area:
The Grantor shall grant a 14-foot wide Temporary Limited non-exclusive
easement for an encroachment for the installation of ventilation equipment within the following
described area:
LOCATED ON LOT 7, BLOCK 34, ORIGINAL PLAT, CITY OF JANESVILLE, ROCK COUNTY,
WISCONSIN
DESCRIBED AS FOLLOWS: Commencing at a drillhole in concrete at the most Southerly
corner of said Block 34; thence N.39Û48’15”W. along the SW Line of said Block 92.80 feet to the
most Westerly Corner of a parcel described in Document No. 1834900, also being at the place
of beginning for the easement to be herein described; thence N.39Û48’15”W. continuing along
said SW Line 14.00 feet; thence N.50Û06’10”E. 37.00 feet; thence S.39Û48’15”E. 14.00 feet to a
line of said Parcel thence S.50Û06’10”W. along said Line of said Parcel 37.00 feet to the place of
beginning.
NOTE: The above description is subject to any and all existing easements and agreements,
recorded or unrecorded.
NOTE: The granting of these easements are subject to the following conditions as outlined in
City of Janesville Common Council authorization Resolution No. 2012-892:
The easement is revocable and may be fully and forever terminated by the City, at no cost or
expense to the City, at any time upon written notice from the City to the current or future owner
of the real property located at 101 East Milwaukee. Building owner of 101 East Milwaukee
and/or restaurant owner in Suite 120 will be required to remove the hood fan north wall of 101
East Milwaukee Street at their own expense. Furthermore the hood fan shall be required to
relocated in accordance with the Wisconsin Commercial Building Code and the exterior wall
returned to a code compliant fire wall, all at the total cost and expense of the owner of 101 East
Milwaukee Street and/or the owner/operator of the carry out restaurant 101 East Milwaukee
Street, Suite 120.
The redevelopment of Suite 120 within 101 East Milwaukee Street represents a significant
investment in the property without City assistance. Because the easement is of a temporary
nature and because the renovation project cannot move forward without the easement from the
City, by accepting this limited non-exclusive easement the grantee, for himself and each and
every of grantee’s heirs, executors, and assigns acknowledges and agrees that the City shall
not require payment for the easements covering the encroachments as described but such
development, investment and easements create no current or future liability or payment of any
kind for the City.