2013-1035 RESOLUTION NO. 2013 -1035
A resolution granting a temporary limited no -build easement to allow exterior
openings in the eastern facade for Rileys Sports Bar & Tavern, 209 West
Milwaukee over City of Janesville owned property at 203 West Milwaukee Street
(File Resolution No. 2013 - 1035).
WHEREAS, the City of Janesville, a Wisconsin Municipal Corporation located in Rock
County, Wisconsin, is the owner of certain real property located at 203 West Milwaukee
Street desires to grant the temporary limited no -build easement as described in
attached Exhibit A; and
WHEREAS, Kevin R. Riley, owner of the real estate located at 209 West Milwaukee
Street, and Kevin R. Riley owner of the first floor tavern business use at that location,
has requested that the City of Janesville grant to the property owner a temporary limited
no -build easement over the City's property located next door to the east to facilitate their
installation of windows and EIFS facade improvements on the east elevation of Rileys
Sports Bar & Tavern; and
WHEREAS, the City Community Development staff have determined that the location
and grant of this proposed easement do not conflict with the current or planned future
use of city -owned lands in the easement area; and
WHEREAS, 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 209 West Milwaukee and the
tavern owner in 209 West Milwaukee Street will be required to remove the windows and
restore the facade to a code - required fire rating at their own expense; and
WHEREAS; the improvement of the east facade and interior renovations of the tavern
within 209 West 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 easement covering the encroachments as described but such
development and investment creates no current or future liability of any kind for the City;
and
WHEREAS, the Janesville Plan Commission, pursuant to Section 62.23, Wisconsin
State Statutes, reviewed the granting of the easement to Kevin R. Riley and found the
easement to be consistent with City Plans but did not review the financial aspects of the
transaction; and
WHEREAS, providing this easement is in the best interest and of benefit of the City and
its residents and businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF JANESVILLE that the City of Janesville hereby grants the easement to Kevin R.
Riley 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 easement between the City and Kevin R. Riley, and
prepare and file such other documents, forms, and papers pertaining to this transaction
as the City Manager may, from time to time, find necessary or desirable to effectuate
the intent of this resolution and /or easement.
ADOPTED: August 12, 2013 Motion by: Kealy
Second by: Voskuil
APPROVED: Council member Aye Nay Pass Absent
Farrell X
Fitzgerald X
Jacob J. Winzenz, Actin "y 1 _ - :. er Kealy X
Liebert X
ATTEST: Marklein X
Severson X
Voskuil X
• can Ann Wulf, City Clerk -Treas , rer
APPROVED AS TO FORM: i
‘dalivt/W , _ _
City Attorney _
Proposed by: Community Development
Prepared by: City Attorney & Community
Development
EXHIBIT A
ATTACHMENT TO RESOLUTION NO. 2013-1035
TEMPORARY LIMITED NO -BUILD EASEMENT
FOR WINDOW OPENINGS AND FACADE IMPROVEMENTS
FOR RILEYS SPORTS BAR & GRILL, 209 WEST MILWAUKEE STREET
LEGAL DESCRIPTION
The Grantor shall grant a 5 -foot wide Temporary Limited non - exclusive easement to
allow window openings and facade improvements within the following described area:
Easement located in the Northwest'/ of Section 36 Town 3 North, Range 12 East,
Rock County, Wisconsin, more particularly described as follows:
Beginning at the Northeast corner of lot 86 of Smith - Bailey & Stones Addition to the City
of Janesville proceed 76 feet west and south along said north line of lot 86 to the point
of beginning, thence proceed 5 feet west and south along said north line of lot 86 to a
point thence proceed south and east approximately 132 feet on a line parallel to the
east line of said lot 86 and traversing said lot 86 and also lot 84 of Smith - Bailey &
Stones Addition to the City of Janesville, to a point being on the south line of said lot 84,
thence proceed 5 feet east and north along the south line of said lot 84 to a point,
thence proceed 132 feet north and west on a line parallel to the east line of said lot 84
and traversing said lots 84 and 86 to the point of beginning.