2013-1024 FILE RESOLUTION No. 2013 -1024
A Resolution Authorizing the City Manager to Accept a Donation of Riverfront Land at
3636 West Cemetery Road
WHEREAS, the City of Janesville has the opportunity to accept a donation of land
located at 3636 West Cemetery Road; and
WHEREAS, Wis. Stats. §§ 62.22 (1), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 62.11(5)
and Chapter 32 and other pertinent Wisconsin Statutes permit the City's acquisition,
development, ownership, protection, and conservation of parkland, open space, riverfront
properties, and development properties; and
WHEREAS, the property at 3636 West Cemetery Road in the Town of Rock is located
in the Rock River flood plain and was substantially damaged in the 2008 flood; and,
WHEREAS, Rock County acquired this property with Federal Emergency Management
Agency (FEMA) grant funds which require that the land only be transferred to a public entity
or a qualified conservation organization; and,
WHEREAS, the deed restrictions mandated by the grant require that no structures be
built on the property and that the property only be used for open space or a public use; and,
WHEREAS, the City of Janesville owns parkland adjacent to this property and
contingent on City Council approval, has expressed an interest in acquiring this property, and;
WHEREAS, the City of Janesville's proposed use for the property, open space, a
canoe put in and take area, and a bike trail connector between Janesville and a future Beloit
route satisfies the FEMA deed restrictions; and,
WHEREAS, the Janesville Plan Commission has reviewed this proposed acquisition
and found it consistent with the City's long range plans and with the Janesville Riverfront
Strategy; and
WHEREAS, the acquisition of this property is in the best interest of the City and of
benefit to the community; and
WHEREAS, the City of Janesville will comply with all of the existing deed restrictions
that relate to compatible uses, structures, disaster assistance, and transfers and recognizes
that the proposed use of the property conforms with the standards set in the Hazard
Mitigation Grant Program Guidance; and
WHEREAS, the City understands that in addition to City Council and County Board
action, this transfer must be approved by the FEMA Regional Administrator to be considered
final; and
WHEREAS, the Rock Trail Coalition is willing to adopt and maintain grounds, such as
mowing and little collection, at this property.
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of
Janesville that they hereby authorize the City Manager and /or his designee to accept the
donation of such property from Rock County on behalf of the City as the City Manager may
deem necessary or desirable to effectuate the intent of this resolution.
ADOPTED: June 10, 2013 Motion by: Liebert
Second by: Marklein
APPROVED: Councilmember Aye Nay Pass Absent
Farrell X
Fitzgerald X
Jacob . Winzenz, A sting City a Kealy X
Liebert X
ATTEST: Marklein X
Severson X
L.,.. I Lam/ Voskuil X
J- -n Ann Wulf, City Clerk -Treas er
APPROVED AS TO FORM:
Wald
Klimczyk, City Attorney
Proposed by Management Intern
Prepared by Management Intern