2011-789 RESOLUTION NO. 2011 -789
A resolution authorizing the City Manager to accept and record a quit claim deed
conveyance from the Wisconsin Department of Transportation (WisDOT)
concerning an Access Point on STH 26 (Milton Avenue) and further authorizing
the City Manager to enter into a Memorandum of Understanding with BLM Land,
LLC and Sara Investment Real Estate, LLC., concerning the STH 26 (Milton
Avenue) Access Point pertaining to their property at 3377 Milton Avenue.
WHEREAS, BLM Land, LLC. (hereinafter `BLM ") owns certain real property located at
3377 Milton Avenue located on the southwest corner of STH 26 (Milton Avenue) and
Morse Street in the City of Janesville, County of Rock, State of Wisconsin (hereinafter
"Subject Property "); and
WHEREAS, BLM intends to sell the Subject Property in fee simple to Sara Investment
Real Estate, LLC. (hereinafter "Developer ") who thereupon desires to construct a
gasoline /convenience store with a restaurant (hereinafter "Development ") and obtain
right -in only access off of STH 26 (Milton Avenue) to the current Milton Avenue
frontage road adjoining the Subject Property to the south; and
WHEREAS, the STH 26 (Milton Avenue) access point (hereinafter "Access Point ")
would not provide direct access to the Subject Property but would provide right -in only
access to the Subject Property from the Milton Avenue frontage road (see Attachment
"A "); and
WHEREAS, the Wisconsin Department of Transportation (hereinafter "WisDOT ")
purchased the access rights for the STH 26 frontage of the Subject Property several
years ago; however, WisDOT now has agreed to provide to the City of Janesville
(hereinafter "City ") a jurisdictional transfer to allow, maintain, and alter the Access
Point if needed, subject to various conditions set forth in the WisDOT quit claim deed
conveyance to the City (see Attachment "B "); and
WHEREAS, WisDOT is requiring that in order to allow for the jurisdictional transfer of
the Access Point to the City, the City agrees to accept and record a quit claim deed
conveyance that specify the terms, conditions, and responsibilities associated with this
Access Point, and /or that subject the City to current and future conditions,
requirements, and performance as set forth in the attached quit claim deed conveyance;
and
WHEREAS, the terms and provisions of the transfer document and conveyances allow
WisDOT to require future traffic studies, construction, improvements, and even closure
of the Access Point if warranted by a demonstrated accident history at the intersection
which exceeds statewide crash rates for this type of roadway and /or as otherwise
required in the conditions set forth in the WisDOT quit claim deed conveyance; and
WHEREAS, the City is requiring that the Developer and BLM enter into a separate
MOU stating that all restrictions, requirements, limitations, and liabilities outlined by
WisDOT in quit claim deed conveyance to the City shall be the sole responsibility of the
Developer and every future owner of the Subject Property since the Developer /City
agreement will be recorded and run with the land, which Developer and successor
responsibilities shall include, but not be limited to, the payment and /or reimbursement to
the City of any and all costs, expenses, fees, payments, liabilities, and expenditures of
any kind or nature by the City directly and /or indirectly associated with, arising from,
and /or pertaining to the Access Point including, but not limited to, reconfiguration,
construction, closure, traffic studies, and /or mitigation to resolve traffic issues; and
WHEREAS, the Common Council of the City of Janesville hereby find that accepting
the Access Points right(s), privileges, conditions, responsibilities, and authority from
WisDOT, are of benefit to, and in the best interests of, the City; and
WHEREAS, BLM and the Developer have agreed to enter into a MOU with the City
addressing the key points of Developer and successor responsibility (see Attachment
"C "); and
WHEREAS, the Common Council of the City of Janesville hereby find that entering into
the MOU with the Developer concerning the right(s), privileges, conditions,
responsibilities, and authority from WisDOT, are of benefit to, and in the best interests
of, the City; and
WHEREAS, the City's acceptance of the conveyed WisDOT right(s), privileges, and
responsibilities is not conditioned upon nor subject to the City's entry into the Developer
MOU.
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of
Janesville, they hereby authorize and direct the City Manager, City Clerk, and /or his /her
designee(s) to negotiate, enter into, and execute on behalf of the City of Janesville the
attached quit claim deed conveyance and MOU; and to negotiate, draft, execute,
record, and file such additional agreements, documents, papers, and forms as may,
from time to time, be necessary and /or desirable to effectuate such agreement and /or
the intent of this resolution, as the City Manager may decide; and
BE IT FURTHER RESOLVED, that the City Manager and /or his designee(s) may, from
time to time, negotiate, draft, amend, execute, and enter into such changes, other
documents, and other agreements and /or take such other action(s) as the City Manager
from time to time may deem necessary and /or desirable to effectuate the intent of this
resolution.
ADOPTED: May 9, 2011 Motion by: Steeber
Second by: Voskuil
APPRO ED: / Councilmember Aye Nay Pass Absent
�/ Brunner X
le/40097 Dongarra -Adams X
is J. tyr ity anager Liebert X
McDonald X
Rashkin X
Steeber X
Voskuil X
ATTEST:
i
A . : �� .li�ii _du;
Jean • nn Wulf, City Clerk- Treasurer
A' PROVED AS TO FORM:
Ge1.47//Wi
Wald Klimczyk, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department
and City Attorney