2012-892 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: March 12, 2012 Motion by: Rashkin
Second by: Liebert
APP 1 ED: Councilmember Aye Nay Pass Absent
Dongarra -Adams X
r
IY , /1 Liebert X
Eric !Levitt Fity Manager McDonald X
Rashkin X
ATTEST: Steeber X
/ Voskuil X
L�/ i ems..
Jean A n Wulf, City Clerk- Tre!'ure
APPROVED AS TO FORM:
City Attorney
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.